State board of education - waivers

(1) Notwithstanding any law to the contrary and upon application of any institution of higher education, school district, board of cooperative services, charter school, the institute, or nonpublic school, the state board of education is authorized to waive any requirement imposed by this article 60.5 in regard to alternative teacher programs or approved induction programs. Such waiver may be granted only upon a majority vote of the members of the state board of education and upon a sufficient showing that such waiver is necessary to allow innovative programs intended to improve the quality of such educators. The state board of education shall promulgate rules regarding such procedures and criteria necessary for the implementation of this section. (2) Notwithstanding the provisions of subsection (1) of this section, the state board of education may grant a waiver of the induction program requirement upon a two-thirds majority vote of the board members and upon a sufficient showing that implementation of an induction program would cause extreme hardship to the school district, charter school, the institute, or nonpublic school. An application for waiver of the induction program requirement shall include a plan for the support, assistance, and training of initially licensed educators. (3) Upon application by a school district, nonpublic school, or board of cooperative services, the state board may grant a waiver of the requirement that a person applying for an initial license demonstrate professional competencies. Such a waiver may be granted only by a two-thirds majority vote of the board members following a demonstration that: (a) The license applicant is employed by the school district, nonpublic school, or board of cooperative services under an authorization issued pursuant to section 22-60.5-111; (b) Enforcement of the requirement would cause extreme hardship to the school district, nonpublic school, or board of cooperative services or to the license applicant; and (c) The skill level of the license applicant is comparable to the skill level of an applicant who has successfully demonstrated professional competencies. The school district, nonpublic school, or board of cooperative services shall provide documentary evidence of the skill level of the license applicant.