The Innovation Schools Act encourages but does not require local school boards to approve school flexibilities in an innovation plan. The Act says: “While the ultimate responsibility for controlling the instruction in public schools continues to lie with the school district board of education of each public school, each school district board of education is strongly encouraged to delegate to each public school a high degree of autonomy in implementing curriculum, making personnel decisions, organizing the school day, determining the most effective use of resources, and generally organizing the delivery of high-quality educational services, thereby empowering each public school to tailor its services most effectively and efficiently to meet the needs of the population of students it serves.” C.R.S. 22-32.5-102(1)(e). The Act does require that the local school board (1) “receive and review each innovation plan” submitted; (2) “either approve or disapprove the innovation plan” within 60 days of receiving it; and (3) provide a written explanation if the school board rejects the plan. C.R.S. 22-32.5-104. With Executive Limitation 12, the Board is communicating what it would need to see for the superintendent to recommend that an innovation plan be approved by the Board. A school could still send an innovation plan to the Board that includes waivers of TECDA and the DCTA Agreement. Under this executive limitation, the superintendent would still present the plan to the Board; however, it would be presented without the superintendent’s recommendation for approval. The Board would vote to approve or disapprove the plan within 60 days and provide a written rationale if it rejects the plan. In summary, Executive Limitation 12 is designed to comply with the requirements of the Innovation Schools Act, while also transparently communicating to schools what the Board would support for an innovation plan.
Even prior to the proposal of Executive Limitation 12, the district has communicated certain district policies that cannot be waived in an innovation plan. You can read about these pre-existing requirements in Superintendent Regulation ADE-R. If Executive Limitation 12 passes, the superintendent will update Regulation ADE-R to include the new guidance from the Board on what he should or should not recommend to the Board.