A broad flexibility waiver (formerly called a “full flexibility waiver”) allows a charter school or system to implement academic and organizational innovations by waiving certain educational state rules and regulations contained in Title 20 in exchange for increased accountability for student achievement.
Charter schools and systems are subject to all provisions outlined in O.C.G.A. 20-2-2065(b). In particular, charter schools may not waive state laws or State Board of Education rules pertaining to health and safety, funding formulas, or accountability provisions. In addition, charter schools may not waive any aspect of federal law. This includes the Elementary and Secondary Education Act (also known as No Child Left Behind), the Individuals with Disabilities Education Act (IDEA), and all applicable civil rights legislation.
Provided that a school adheres to the laws regarding open admissions, a charter school may, through its educational focus, target a particular population of students with a specific need, such as students with disabilities, English language learners, or students at risk for dropping out of school. Petitioners considering such a model are advised take the necessary precautions and to work closely with their authorizer to ensure compliance with state and federal laws.