TEA Waivers and COVID-19
School administrators faced with the need for waivers due to the COVID-19 outbreak and the impossibility of compliance with statutory and regulatory requirements need to be aware that TEA is updating its COVID-19 on an almost daily basis. For information on specific waivers, districts should consult the section on Waivers and Funding on the TEA Coronavirus (COVID-19) Support and Guidance Page. Most school districts will need to seek waivers from certain requirements and in some cases, TEA has granted automatic waivers. For instance,
- Ninety Percent Attendance Rule: TEA has indicated that waivers will be automatically granted, pursuant to the Commissioner's general waiver authority under Texas Education Code (TEC), §7.056, for students who do not meet the minimum attendance requirements of TEC, §25.092, for class credit or final grade for a course taken in the current academic period (e.g., spring semester) of the 2019-2020 school year. School districts and open-enrollment charter
schools do not need to apply for these automatic waivers.
Procedures for Requesting a Waiver
Texas Education Code 7.056 provides, “A school campus or district seeking a waiver must submit a written application to the commissioner not later than the 31st day before the campus or district intends to take action requiring a waiver. The application must include:
(1) a written plan approved by the board of trustees of the district that states the achievement objectives of the campus or district and the inhibition imposed on those objectives by the requirement, restriction, or prohibition; and (2) written comments from the campus- or district-level committee.”
Other steps that we would recommend districts follow in seeking a waiver are as follows:
- Given the constraints imposed by current public health measures, districts should consult with members of the district improvement committee, either telephonically or via video conference, to review and determine agreement with proposed waivers. Keep documentation of the meeting and indicate agreement or disagreement of each member (virtually) present for the meeting.
- Additionally, authority to seek a waiver needs to be approved by the Board of Trustees, either at a regular meeting or via an emergency meeting. A board resolution is not required. An agenda item detailing the agreement of the campus improvement committee and specifying the need for the waiver is procedurally sufficient and should be submitted with the waiver request to TEA.
- Suggested language for an agenda item would include language indicating that the district improvement committee was consulted regarding the waiver and by a (generally, but consult your policy) 2/3 vote agreed that the seeking of these waivers is consistent with the achievement objectives of the district in light of the constraints imposed by the COVID-19 pandemic. List the waivers sought and recommend the Board approve submission to TEA of the requests
for waivers from state policy.
Waivers from Board Policy Needed to Continue Emergency Operations and Instruction
What if board policies that do not contemplate the provision of remote instruction and ongoing electronic communication between staff and students? Standards of conduct and prohibitions regarding email and other electronic communications between staff and students one such impediment to remote instruction that may not have been considered. This should not impede the immediate provision of remote instruction; however, authority should be obtained
from the Board to the extent there is any conflict with policy.
While it is possible to amend policies, the policies would have to be amended again once the COVID-19 outbreak is over. Another solution, given that a Board has the authority to waive board policy, is to obtain board approval of an agenda item delegating to the Superintendent of Schools authority to waive board policy consistent with the Educator’s Code of Ethics in order to facilitate the provision of continued
instruction and remote learning.
- It is recommended that any specific policies specifically waived should be documented in the event that any question arise later.
- Additionally, it is recommended that the waiver should be limited to the duration of the COVID-19 emergency.
- Should a Board have questions, the agenda item could specify constraints, periodic reporting or any other measures deemed appropriate by the Board.
Finally, it should be remembered that the Board has the authority to waive local board policy in a manner consistent with state law. The Board does not have the authority to waive state or federal law.
Article written by Hans Graff.
