TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 6 QUALITY BASIC EDUCATION

20-2-244.1. Variance or waiver requests by public school students.

1. As used in this Code section, the term:
   1. "Student" means a student who is or was enrolled in a public school in this state.
   2. "Substantial hardship" means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the student requesting a variance or waiver.
   3. "Variance" means a modification granted by the State Board of Education to all or part of the literal requirements of a rule to a person who is subject to the rule.
   4. "Waiver" means a decision by the State Board of Education not to apply all or part of a rule to a person who is subject to the rule.
2. Except as provided in subsection (f) of this Code section, the State Board of Education is authorized to grant a variance or waiver to a rule when a student subject to that rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person.
3. Except as provided in subsection (f) of this Code section, a student who is subject to regulation by a State Board of Education rule may file a petition with the state board requesting a variance or waiver from the state board's rule. In addition to any other requirements which may be imposed by the state board, each petition shall specify:
   1. The rule from which a variance or waiver is requested;
   2. The type of action requested;
   3. The specific facts of substantial hardship which would justify a variance or waiver for the petitioner, including the alternative standards which the person seeking the variance or waiver agrees to meet and a showing that such alternative standards will afford adequate protection for the public health, safety, and welfare; and
   4. The reason why the variance or waiver requested would serve the purpose of the underlying statute.
4. The state board shall grant or deny a petition for variance or waiver in writing no later than 60 days after the receipt of the petition. The state board's decision to grant or deny the petition shall be in writing and shall contain a statement of the relevant facts and the reasons supporting the state board's action.
5. The state board's decision to deny a petition for variance or waiver shall be subject to judicial review in accordance with Code Section 50-13-19. The validity of any variance or waiver which is granted by the state board may be determined in an action for declaratory judgment in accordance with Code Section 50-13-10.
6. This Code section shall not apply, and no variance or waiver shall be sought or authorized, when a state board rule or regulation has been adopted or promulgated in order to implement or promote a federally delegated program.
7. An aggregated report of all waivers granted pursuant to this Code section shall be prepared and shall contain a description of the waiver granted, including a detail of the variance from any rule or regulation, but shall not include any identifying information of the student.
8. The State Board of Education shall not be subject to Code Section 50-13-9.1 with respect to petitions for variances or waivers of rules by students.

(Code 1981, §20-2-244.1, enacted by Ga. L. 2015, p. 1376, § 22/HB 502.)