On or about January 2, 2019, the Gilmore City-Bradgate CSD filed a petition with this agency requesting a waiver from administrative rule 281 IAC 12.1(7) for the 2018-19 school year. A telephonic hearing was on January 25, 2019. Gilmore answered questions related to the criterion required or the waiver request.

Effective July 1, 2014, school districts and accredited nonpublic school shave the option to choose between 180 days or 1,080 hours of instruction. School boards and authorities in charge of an accredited nonpublic school are authorized to determine the days or hours of their school calendars; however, public schools must hold a public hearing prior to adoption. Schools and school districts are required to report this decision annually to the Department.

Gilmore desires to resubmit its annual notification to the Department of their decision to have a calendar based hours rather than days. Gilmore initially submitted to the Department that it would operate a calendar based on days for the 2018-19 school year. However, Gilmore has provided evidence that his selection was reported to the Department in error.

When a petition for waiver is filed all five criteria listed in rule 4.4 must be satisfied before granting a waiver.

Granting this waiver would not have a "negative impact on the student achievement of any person." To the contrary, the ability of Gilmore to operate a calendar on hours instead of days will enhance the ability of the district to have flexibility in their calendar when issues of inclement weather or an emergency arise.

The petition for waiver is GRANTED.