SMCS List of Requested Waivers

EXHIBIT C: REQUESTED WAIVERS

School Name: Salida Montessori Charter School

School Address (mailing): 1040 I Street, Salida, CO 81201

Charter School Waiver Contact Name: Courtney Landry

Charter School Waiver Contact Phone Number: 719-539-4887

Charter School Waiver Contact Email: courtney_landry@salidamcs.org

Charter School Institute Waiver Contact Name: Trish Krajniak

Charter School Institute Waiver Contact Phone Number: 303-866-6960

Charter School Institute Waiver Contact Email: trishkrajniak@csi.state.co.us

Automatic Waivers Requested by SMCS State Statute Citation Description

C.R.S. § 22-32-109(1)(f) Local board duties concerning selection of staff and pay

C.R.S. § 22-32-109(1)(t) Determine educational program and prescribe textbooks

C.R.S. § 22-32- 110(1)(h) Local board powers-Terminate employment of personnel

C.R.S. § 22-32-110(1)(i) Local board duties-Reimburse employees for expenses

C.R.S. § 22-32-110(1)(j) Local board powers-Procure life, health, or accident insurance C.R.S. § 22-32- 110(1)(k) Local board powers-Policies relating the in-service training and official conduct

C.R.S. § 22-32- 110(1)(ee) Local board powers-Employ teachers’ aides and other non- certificated personnel

C.R.S. § 22-32-126 Employment and authority of Head of Schools

C.R.S.§22-33-104(4) Compulsory school attendance-Attendance policies and excused absences

C.R.S. § 22-63-301 Teacher Employment Act- Grounds for dismissal

C.R.S. § 22-63-302 Teacher Employment Act-Procedures for dismissal of teachers C.R.S. § 22-63-401 Teacher Employment Act-Teachers subject to adopted salary

schedule

C.R.S. § 22-63-402 Teacher Employment Act-Certificate required to pay teachers C.R.S. § 22-63-403 Teacher Employment Act-Describes payment of salaries

C.R.S. § 22-1-112 School Year-National Holidays

Non-Automatic Waivers Requested by SMCS (updated 5/2023)

Non-Automatic Waivers: Statute Description and Rationale and Replacement Plan

C.R.S. § 22-9-106 Local Board of Education-Duties-Performance Evaluation System; C.R.S. § 22-2-112(1)(q)(I) Commissioner-Duties

Rationale: SMCS and its Head of School or designee must have the ability to perform the evaluation of all personnel. Should any other designated administrator not have a Principal License, this should not preclude him or her from administering the evaluations under the direction of the Head of School. Additionally, SMCS will not be required to report its teacher evaluation ratings as a part of the commissioner’s report as required by C.R.S. § 22-2-112(1)(q)(I), but will still report on in-field/out-of-field.

Replacement Plan: Instead, SMCS will use its own evaluation system as agreed to in the charter contract with the Charter School Institute (“CSI”). SMCS’s evaluation system will continue to meet the intent of the law as outlined in statute. Staff will be trained in this evaluation system and the methods used for SMCS’s evaluation system will include quality standards that are clear and relevant to the administrators’ and teachers’ roles and responsibilities, are based on research-based practices guiding the science of reading, have the goal of improving student academic growth, and meet the intent of the quality standards established in C.R.S. §§ 22-9-101 et seq. SMCS will not be required to report its teacher evaluation data through applicable state collections; however, teacher performance data will be reviewed by SMCS and used to inform hiring practices and professional development. Core course level participation will continue to be reported pursuant to C.R.S. § 22-11-503.5, as this is a non-waivable statute.

Duration of Waivers: The waiver will extend for the duration of the contract.

Financial Impact: SMCS anticipates that the requested waivers will have no financial impact on the CSI or SMCS.

How the Impact of the Waivers Will be Evaluated: Since teacher performance has a critical impact on the performance of the entire school, the impact of this waiver will be measured by the same performance criteria and assessments that apply to SMCS, as set forth in the charter contract.

Expected Outcome: If granted, the waiver will enable SMCS to implement its program and evaluate its teachers in accordance with its Performance Appraisal System, which is designed to produce greater accountability and be consistent with SMCS’s goals and objectives. This will benefit staff members as well as students and the community.

Non-Automatic Waivers: Statute Description and Rationale and Replacement Plan

C.R.S. § 22-32-109(1)(n)(I) Board of Education-Specific Duties School Calendar C.R.S. § 22-32-109(1)(n)(II)(B) Board of Education-Specific Duties Adoption of District Calendar C.R.S. § 22-32-109(1)(n)(II)(A) Board of Education – Teacher Pupil Contact Hours

Rationale: The school year at SMCS will total approximately 146 contact days per year, in a four-day week school schedule, which exceeds the current contact hour requirement in state statute. SMCS will always meet at least the minimum required time as directed by CDE for corresponding grade levels.

Replacement Plan: SMCS will prescribe the actual details of its own school calendar to best meet the needs of its students. As such, SMCS will have a calendar that may differ from the rest of the geographic district. The final calendar and SMCS’s daily schedule will be designed by SMCS’s Board of Directors and will meet or exceed the requirements in state statute. To the extent possible, SMCS will endeavor to develop a calendar that aligns with the geographic district calendar. In accordance with Charter School Institute policy, SMCS will submit its calendar annually to the Institute for review and will not make any material modifications to the calendar without prior notification to the Institute.

Duration of Waivers: The waiver will extend for the duration of the contract.

Financial Impact: SMCS anticipates that the requested waivers will have no financial impact on the CSI or SMCS.

How the Impact of the Waivers Will be Evaluated: The impact of this waiver will be measured by the same performance criteria and assessments that apply to SMCS, as set forth in the charter contract.

Expected Outcome: As a result of this waiver, SMCS will be able to operate in accordance with its own schedule, designed to meet the needs of its community and educational program, which is vital to the success of its program.

Non-Automatic Waivers: Statute Description and Rationale and Replacement Plan

C.R.S. § 22-63-201 Employment Certificate required

Rationale: SMCS must be granted the authority to hire teachers and Head of Schools that will support SMCS’s goals and objectives. The Head of School will not function as a traditional District school principal, but rather will be responsible for a wider range of tasks and act as SMCS’s chief executive officer.

Replacement Plan: SMCS will seek to attract Head of Schools and teachers from a wide variety of backgrounds, including, but not limited to teachers from out-of-state, teachers with a lapsed Colorado certificate, persons with several years of successful teaching experience in a setting not requiring a license, as well as persons with business or professional experience. All employees of SMCS will be employed on an at-will basis. All employees of SMCS will meet applicable fingerprinting and background check requirements. All Lead Classroom teachers at SMCS will meet the guidelines set forth in the Colorado state ESSA plan, specifically (1) endorsement on a Colorado teaching License and/or a valid Montessori credential for the appropriate grade level(s); (2) holding at least a BA or higher in the relevant subject area; (3) completing 36 semester credit hours in the subject matter in which s/he teaches; or (4) passing a State Board approved content exam in the relevant subject area. The school will ensure that non-core instructional staff who do not meet one of these requirements will otherwise possess the relevant background or skills to fill the needs of the school. Special Education Teachers will hold the requisite state license and endorsement. All employees of SMCS will report the number of in-field/out-of-field teacher designations, years of experience of teachers, and effectiveness ratings (unless waived) or any other requirements promulgated by CDE.

Duration of Waivers: The waiver will extend for the duration of the contract.

Financial Impact: SMCS anticipates that the requested waivers will have no financial impact on the CSI or SMCS.

Expected Outcome: As a result of this waiver, SMCS will be able to operate in accordance with its own program and hire teachers that best fit SMCS’s design, which is vital to the success of its program.

Non-Automatic Waivers: Statute Description and Rationale and Replacement Plan

C.R.S. § 22-33-105(7)(b) Process for Disciplinary Appeals

Rationale: As a Charter School Institute (“CSI”) charter school, SMCS’s governing board must have the ability to hear disciplinary and related appeals under C.R.S § 22-33-105(2)(c).

Replacement Plan: The charter contract delegates the authority to implement the School Attendance Law of 1963 to the school administration, which is consistent with state law; however, as opposed to the Colorado Charter School Institute (“CSI”) carrying out the functions of a school district and its board, the governing board of the school will carry out those functions. To ensure that the school is meeting the intent of the law, the school will involve its legal counsel and CSI in any appeals to the governing board to ensure that students are being afforded appropriate due process, The school will develop a policy for carrying out the requirements of C.R.S § 22-33-105 for review and approval by CSI. In addition, the school will report expulsion data pursuant to C.R.S. § 22-33-105(2.5).

Duration of Waivers: The waiver will extend for the duration of the contract.

Financial Impact: The school anticipates that the requested waiver will have minimal financial impact on the school and no financial impact on CSI.

How the Impact of the Waivers Will be Evaluated: the school will be required to record all data involving suspensions and expulsions with access for review by both CSI and the school’s governing board. In addition, the school’s governing board will develop policies and procedures for suspensions, expulsions, and denial of admission for review and approval by CSI.

Expected Outcome: The outcome will be a fair and supportive process for the school to make appropriate determinations regarding the School Attendance Law of 1963 at the local level, with administrative oversight by CSI.