Select Page

Legislative Update


DPI Releases COVID-19 Flexibility Framework, District Flexibility Applications

by | Aug 7, 2020 | Legislative Update Blog, State Issue, WASB

The Department of Public Instruction (DPI) released its new COVID-19 Regulatory Flexibility Framework this morning (Friday 8/7) via a letter from State Superintendent Carolyn Stanford Taylor posted to the District Administrators’ chronological email webpage.

The framework consists of two parts: a COVID-19 flexibility application form and a series of policy provisions on key topics to address districts’ flexibility needs.

The policy provisions begin with the information attached to the State Superintendent’s letter, and cover topics such as pupil count dates, transportation, licensure, school nutrition, and the school day milk program.

The COVID-19 flexibility application can be used at any time in the school year, and is a way for districts to request multiple waivers from statutory and administrative rule requirements for the 2020-21 school year. The department has basically identified all the requirements it believes are waivable and incorporated them into this form. By using this application form, districts will be able to request waivers of statutory and administrative rule requirements through a “check the box” approach.  Instead of having to go through the process of requesting individual waivers on each topic a district needs addressed in order to implement plans for restarting and delivering education in the midst of the pandemic, the district can submit its request based on all its needs all at once in a simplified manner. 

Districts can apply for flexibility on behalf of one, more than one, or all schools within their jurisdictional boundaries.  Districts should read the instructions carefully and follow the directions to speed the processing of their application requests. 

School boards are required by to hold a public hearing (virtually if needed) in the school district on the request, and adopt a board resolution, and must also specify in the request for a waiver the reason for requesting the waiver.  All applicants will need to detail how their proposal aligns to their district’s strategic response to COVID-19 to enhance educational opportunities for students. In its review, DPI must consider at a minimum whether the statute or rule requested to be waived impedes the district’s progress in achieving educational goals to best serve all students. Once approved, waivers will be effective for one year (i.e., good only through the 2020-21 school year), and are renewable for additional one year periods.

According to the DPI, flexibility applications will be accepted on a rolling basis at any time during the year.
Thus, if a district needs additional flexibility in the future, but already has an approved application, it will be able to submit an updated application requesting additional flexibility. 

Completing a flexibility application does not preclude a district from requesting waivers outside of the flexibility application process, using the traditional approach.

More information can be found on the DPI’s “Waiver and Alternative Compliance” webpage.

Print Friendly, PDF & Email

Subscribe to the WASB blogs!

Subscribe to receive notifications of new posts by email.