(1)(a) In accordance with the criteria adopted by the state board of education under subsection (2) of this section, the superintendent of public instruction may grant waivers to school districts from the provisions of RCW 28A.150.200 through 28A.150.220, except as provided in (b) of this subsection, on the basis that such waiver or waivers 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. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program.

(b) The state board of education shall have authority to grant waivers from the provisions of RCW 28A.150.220(3)(b) and to grant the waivers set forth in RCW * 28A.230.090(1)(e)(ii) and 28A.655.180.

(2) The state board of education shall adopt rules establishing the criteria to evaluate the need for a waiver or waivers under this section.

*Reviser’s note: RCW 28A.230.090 was amended by 2023 c 271 § 2, changing subsection (1)(e)(ii) to subsection (1)(d)(ii).

Effective dates—2018 c 177 §§ 201, 202, 501-504, 507, and 701: See note following RCW 28A.150.222.

Finding—Intent—2018 c 177: See note following RCW 28A.305.905.

Contingent expiration date—1992 c 141 § 302: “Section 302, chapter 141, Laws of 1992 shall expire September 1, 2000, unless by September 1, 2000, a law is enacted stating that a school accountability and academic assessment system is not in place.” [ 1994 c 245 § 11; 1992 c 141 § 508.] That law was not enacted by September 1, 2000.

Severability—1985 c 349: See note following RCW 28A.150.260.