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School Waivers, School Start Date Exemption Requests, and Alternative Compliance Information

School Waivers 

 

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Waivers

The COVID-19 pandemic presented unprecedented challenges for Wisconsin school districts. In response, the Wisconsin Department of Public Instruction (DPI) created a process for districts to accommodate varying and shifting health needs within their communities. The DPI did so in part by granting waivers from certain legal requirements using its authority under Wis. Stat. s. 118.38.

Wis. Stat. §118.38 provides the Department of Public Instruction (DPI) with authority to waive many provisions of state law and administrative rule at the request of a school board, with certain exceptions. The DPI has developed a voluntary form to aid school boards seeking a waiver:

§118.38 Waiver Application

The DPI is available to answer any questions school districts may have regarding waiver alternatives, specifically to identify flexibilities that may already exist for districts to use. The DPI encourages districts to work with their own legal counsel in developing any request for waiver.

 

Waiver, school start date exemption, and alternative compliance requests should be emailed to waivers@dpi.wi.gov.

 

School Start Date Exemption Requests

Exemptions from School Start Date Law

For information about one-year exemptions from the school start date law, please see Commencement of School Term (School Start Date) Information.

Start Date Exemption Request
Required Elements

 

The Department of Public Instruction is required under state law (Wis. Stats. § 118.045 and administrative code PI 27) to have the following information on hand in determining whether to grant an exemption to the September 1 school start date requirement.

  • A written request to start prior to September 1 referencing the rationale provided in the written resolution.
  • A written resolution by the school board, adopted at a school board meeting that complies with the open meetings law under ss. 19.83 and 19.84, Stats.   The resolution must address:
    • The reasons and any other relevant facts relating to the request for an earlier school start date.
    • When an extraordinary event took place or a chronology of events leading to the request. 

Extraordinary requests referenced in the resolution may include only the following:

  • Major construction projects that cause the school term to be altered and necessitate an earlier start date for the entire district.
  • Closure of school due to forces of nature, code violations, or environmental orders.
  • Excessive costs associated with the transportation of pupils who attend private schools that start prior to September 1. If an earlier start date is requested under this paragraph, the school board shall provide sufficient documentation to establish that it has made a good faith effort to work with the private school to coordinate a school start date on or after September 1.
  • Participation by a high school in the international baccalaureate program with more than 75% of the 11th and 12th grade pupils enrolled in said program.

Waiver, school start date exemption, and alternative compliance requests should be emailed to waivers@dpi.wi.gov.

Alternative Compliance With the 20 Standards

Information on how to seek approval for a plan for alternative compliance for any of the school district standards found under PI 8.01(2) is detailed under PI 8.01(3) of the administrative code. A school district requesting approval of alternative compliance under this subsection shall submit a written request to the state superintendent by September 1 if the alternative compliance plan is to be implemented during the spring semester; by March 1 if the alternative compliance plan is to be implemented during the fall semester.

Waiver, school start date exemption, and alternative compliance requests should be emailed to waivers@dpi.wi.gov.