Waivers
Program Teacher Assignment: 16 KAR 4:020, Qualifications for Assignments. This regulation ensures a properly certified educator is providing individual instruction to exceptional children. Waivers must be requested when there are special education assignments for a teacher who is not certified in the area of their assignment. The Local Educator Assignment Data (LEAD) report reviews all courses and compares staff and course information to the teacher certification database. If teacher assignments are not in compliance, SEEK funds could be lost or legal action could be administered against administrator and/or teacher certificates. While these waiver requests will be submitted to the KDE, approval of the assignment will come from Education Professional Standards Board (EPSB).
Several changes have been made to the waiver request process, 701 KAR 5:170 and 701 KAR 5:170E, as a result of Senate Bill (SB) 207 from the 2025 regular legislative session.
SB 207 provides a new process for requesting waivers from the Kentucky Board of Education (KBE). Local school boards may request waivers from the requirements of an administrative regulation promulgated by the KBE or from a statute over which the KBE has enforcement authority. Certain regulations cannot be waived, including any statue or regulation relating to health and safety, civil rights, compulsory attendance or anything required by federal law.
The new regulations outline four major types of waiver requests – new applications, renewals, amendment applications and special education maximum class size waiver applications.
District leaders can find more information and relevant waiver forms on the KDE Kentucky Laws and Regulations webpage. All forms should be submitted to the KDE waiver requests inbox.
Forms must be complete when submitted so double-check that all of the required information is provided. The statute states waiver requests will be considered during the next KBE meeting, but if they are submitted less than 45 days prior to the next meeting, the waiver request will automatically be recommended for denial. Kentucky Department of Education staff members will work with districts to ensure requests submitted within this time window are still considered at a future meeting.