Emergency Waiver Program

Waivers Rules

• Waivers for Restructuring Purposes WAC 180-18

180-Day Waivers

Waivers from basic education program requirements (RCW 28A.150.200 through 28A.150.220) may be granted on the basis that they "are necessary to implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student." Waivers may also be granted from the requirement for a 180-day school year to a limited number of districts meeting certain enrollment criteria that propose to operate schools on a flexible calendar for purposes of economy and efficiency (WAC 180 18-065; RCW 28A.305.141).

Waiver Applications

We strongly encourage electronic submission of applications and materials.

• Credit-Based Graduation Requirements Waiver
• Graduation Requirements Emergency Waiver due to COVID-19 Disruptions

Frequently Asked Questions

• What is the definition of a school day?
  RCW 28A.150.203 defines a school day: 'School day' means each day of the school year on which pupils enrolled in the common schools of a school district are engaged in academic and career and technical instruction planned by and under the direction of the school. Under this definition, full-day parent-teacher conferences are not considered a school day toward the required 180 days because it is implicit in the statute that all pupils must be engaged in academic and career and technical instruction on that day. A late start, early release, or half day for parent teacher conferences is considered a school day toward the required 180 days. Districts planning full-day parent teacher conferences within a 180-day school year must apply to SBE for a waiver to be in compliance with the Basic Education Act.

• What types of waivers are granted?
  The State Board of Education has the authority to grant waivers from basic education program requirements (RCW 28A.150.200 through 28A.150.220).  This includes:

  • Minimum one 180-day school year requirements (RCW 28A.150.220)
  • Credit-based high school graduation requirements (Chapter 180-51 WAC)
     

  The State Board of Education’s authority to grant waivers from the basic education program requirements reside in RCW 28A.305.140, RCW 28A.305.141, and RCW, 28A.655.180(1).  The rules that govern requests for waivers are in WAC 180-18-030, WAC 180-18-040, WAC 180-18-050, and WAC 180-18-065. The State Board of Education’s authority to establish rules governing minimum high school graduation requirements reside in RCW 28A.230.090.

• What is the process to obtain a waiver from the minimum 180-day school year requirement? Option 1 is the regular waiver that may be granted under RCW 28A.305.140 to enhance the educational program for each student. The process for a district application for a waiver and for evaluation of the need for the waiver by SBE is specified in WAC 180-18-040 (1) and WAC 180-18-050 (1) and (2). Under this process, districts may propose the number of days to be waived and the types of activities deemed necessary to enhance the educational program and improve student achievement.

  The waiver application, a signed resolution by the local school board, a proposed school calendar, a summary of the collective bargaining contract with the local education association, and all supporting documentation must be received by the State Board of Education at least  forty days prior to the State Board of Education meeting at which consideration of the waiver will occur.

  Option 2 is a waiver for the purposes of economy and efficiency, authorized in RCW 28A.305.141, for eligible districts to operate one or more schools on a flexible calendar. 

  SBE may grant five of these waivers to districts with student populations of 500 or fewer students. Two of the waivers must be reserved for districts with student populations under 150.

  As of May 2018, all five slots are currently full.

• What is the process to obtain a waiver from the minimum high school graduation requirements?
  A school may apply for a waiver from the credit-based graduation requirements of WAC 180-51-061 (1)(a) through (h) and WAC 180-51-066 (1)(a) through (h).

  Consistent with legislative intent, any application for a waiver under WAC 180-51-068 (11) that is received before the first day of a scheduled board meeting will be considered by the Board at that meeting. The Board respectfully requests, however, that applications be received at least ten days before a scheduled board meeting in order that they may be included in the printed materials prepared for the meeting.

Waivers granted from the credit unit graduation requirements of WAC 180-51.

Applications for Waiver of Implementation of the 24 Credit Framework
RCW 28A.230.090 (1) provides that school districts, private schools, or community colleges may apply to the State Board of Education for a waiver to implement the Career- and College-Ready Graduation requirements adopted in 2014 beginning with the graduating class of 2020 or 2021 rather than the graduating class of 2019. The SBE is directed to grant such waiver to an applying school district at the next subsequent meeting of the Board after receiving an application. (E2SSB 6552. Chapter 217, Laws of 2014.) WAC 180-51-068 (11) implements this provision. For more information about graduation requirements, visit the Graduation Requirements page.

Applications for Waiver of Implementation of the 24 Credit Framework for Up to Two Years

RCW 28A.230.090 (1) provides that school districts may apply to the State Board of Education for a waiver to implement the Career- and College-Ready Graduation requirements adopted in 2014 beginning with the graduating class of 2020 or 2021 rather than the graduating class of 2019. The SBE is directed to grant such waiver to an applying school district at the next subsequent meeting of the Board after receiving an application. (E2SSB 6552. Chapter 217, Laws of 2014.) WAC 180-51-068 (11) implements this provision. For more information about graduation requirements, visit the Graduation Requirements page.

P.O. Box 47206
Olympia, WA  98504-7206
Phone: 360-725-6047 
Fax: 360-586-2357