Waiver Application Process

(1) LEAs shall apply for a Textbook and Instructional Materials waiver to use Textbooks and Instructional Materials not approved by the State Board if the proposed materials were: (a) Reviewed by the Textbook Commission and were not recommended to the State Board for approval; or (b) Were not reviewed by the Textbook Commission. (2) An LEA shall not apply for a waiver to use: TEXTBOOK AND INSTRUCTIONAL MATERIALS WAIVERS CHAPTER 0520-01-18 (a) Textbooks and Instructional Materials currently adopted by the Textbook Commission and approved by the State Board; or (b) Textbooks and Instructional Materials for a subject-specific course or grade level in which currently approved Textbooks or Instructional Materials do not exist. (3) If an LEA is not required to submit a waiver in accordance with subparagraph (2)(b), LEAs may adopt Textbooks and Instructional Materials, provided the LEA has: (a) Reviewed the proposed materials for alignment with current and applicable Tennessee Academic Standards; (b) Determined the proposed materials are compliant with state and federal law; and (c) Adopted the materials in accordance with local adoption policies and procedures. (4) Each waiver application shall be approved by the Local Board and may be submitted on their behalf by the Director of Schools or the Director’s designee to the State Board on the waiver application developed by the State Board staff and posted on the State Board’s website. The application shall include, but not be limited to, the following information: (a) The publisher(s) and title(s) of the requested Textbook(s) and/or Instructional Materials, if applicable; (b) Grade level(s) and/or course(s) for the waiver application; (c) A clear explanation of the unique or unusual needs of the LEA necessitating the waiver application; (d) Evidence of student outcomes based on the requested Textbook(s) and/or Instructional Materials, if applicable; (e) Evidence of research or evaluation of the Textbook(s) and/or Instructional Materials’ quality, if applicable; (f) Evidence of improved student outcomes in the LEA before and since utilizing Textbook(s) and/or Instructional Materials from waivers the LEA has been granted in the past, if applicable; (g) A statement of assurance by the LEA that the requested Textbook(s) and/or Instructional Materials and any Supplemental Materials the LEA plans to use as part of the waiver application were not created to align exclusively with the Common Core State Standards or are not marketed or otherwise identified as Common Core Textbooks or Instructional Materials pursuant to T.C.A. § 49-6-2206; (h) A statement of assurance by the LEA that the requested Textbook(s) and/or Instructional Materials and any Supplemental Materials the LEA plans to use as part of the waiver application comply with T.C.A. § 49-6-1019 related to prohibited concepts; and (i) A statement of assurance by the LEA that the requested Textbook(s) and/or Instructional Materials and any Supplemental Materials the LEA plans to use as part of the waiver comply with all other state and federal laws. (j) For Textbooks or Instructional Materials that were reviewed by the Textbook Commission but were not recommended to the State Board for approval, the LEA shall submit: TEXTBOOK AND INSTRUCTIONAL MATERIALS WAIVERS CHAPTER 0520-01-18 1. For LEA-wide adoptions, a completed rubric from the local adoption committee created pursuant to T.C.A. § 49-6-2207 that explains how the LEA will address the deficiencies identified by the Textbook Commission. If the Textbook Commission did not recommend the Textbook(s) or Instructional Materials for approval based on lack of alignment to Tennessee Academic Standards, the rubric shall also include but not be limited to a table indicating the alignment of the proposed Textbook(s) and/or Instructional Materials with each Tennessee Academic Standard in the relevant subject-specific grade or course. The rubric shall also include any planned use of Supplemental Materials to address misalignment with the Tennessee Academic Standards to ensure comprehensive coverage; or 2. For limited-use adoptions, which include credit recovery programs, alternative schools, virtual schools, and virtual education programs, a completed rubric that explains how the LEA will address the deficiencies identified by the Textbook Commission. If the Textbook Commission did not recommend the Textbook(s) or Instructional Materials for approval based on lack of alignment to Tennessee Academic Standards, the rubric shall also include but not be limited to a table indicating the alignment of the proposed Textbook(s) and/or Instructional Materials with each Tennessee Academic Standard in the relevant subject-specific grade or course. The rubric shall also include any planned use of Supplemental Materials to address misalignment with the Tennessee Academic Standards to ensure comprehensive coverage. (k) For Textbooks or Instructional Materials that were not reviewed by the Textbook Commission, LEAs shall submit: 1. For LEA-wide adoptions, a completed rubric from the local adoption committee created pursuant to T.C.A.§ 49-6-2207 that indicates the extent to which the Textbook(s) and/or Instructional Materials are aligned to the Tennessee Academic Standards. The rubric shall include, but not be limited to, a table indicating the alignment of the proposed Textbook(s) and/or Instructional Materials with each Tennessee Academic Standard in the relevant subject-specific grade or course. The rubric shall also include any planned use of Supplemental Materials to address areas of misalignment, if any, with the Tennessee Academic Standards to ensure comprehensive coverage; or 2. For limited-use adoptions which include credit recovery programs, alternative schools, virtual schools, and virtual education programs, a completed rubric that indicates the extent to which the Textbook(s) and/or Instructional Materials are aligned to the Tennessee Academic Standards. The rubric shall include, but not be limited to, a table indicating the alignment of the proposed Textbook(s) and/or Instructional Materials with each Tennessee Academic Standard in the relevant subject-specific grade or course. The rubric shall also include any planned use of Supplemental Materials to address areas of misalignment, if any, with the Tennessee Academic Standards to ensure comprehensive coverage. (l) Any additional evidence of the requested Textbook(s) and/or Instructional Materials’ quality. (5) Waiver applications shall be submitted no later than March 15th of the local adoption year during the adoption cycle established by the Textbook Commission for the applicable subject area; provided, however, an LEA may submit an emergency waiver application outside of this established deadline for the applicable subject if emergency circumstances exist justifying the emergency waiver application. Emergency circumstances include: TEXTBOOK AND INSTRUCTIONAL MATERIALS WAIVERS CHAPTER 0520-01-18 (a) The LEA has submitted an application to the Department to implement its Continuous Learning Plan (CLP) as defined in State Board Rule 0520-01-17. (b) The LEA has submitted an application to the Department to open a new virtual school. (6) The Department shall assist the State Board staff in administering the Textbook and Instructional Materials waiver review process by providing staff to serve as subject-matter experts for each content area. The Department subject-matter experts shall provide feedback on the rubric developed by State Board staff for each completed and properly submitted waiver application no more than ninety (90) calendar days after receipt of the following from State Board staff: (a) The completed and properly submitted LEA application; and (b) Access to the relevant Textbook(s) and/or Instructional Materials for which the waiver is being requested. (7) State Board staff shall develop a process for review of completed and properly submitted waiver applications in consultation with the Department’s subject-matter experts. (8) State Board staff may request additional information, clarifications, and/or revisions to waiver applications from the LEA prior to preparing a recommendation for the State Board. (9) In consultation with Department subject-matter experts, State Board staff shall prepare and present a recommendation to the State Board on each completed and properly submitted waiver application, utilizing the rubric ratings provided by Department subject-matter experts, additional input from Department subject-matter experts, and information provided to State Board staff by the LEA. The recommendation shall address all factors outlined in Rule 0520- 01-18-.03. Textbook and Instructional Materials waiver applications that do not comply with the requirements of T.C.A. § 49-6-2202, T.C.A. § 49-6-2206, and all other relevant state laws shall not be recommended for approval or approved by the State Board. (10) Waivers approved by the State Board shall remain in effect until the next adoption cycle for the course for which the waiver was granted, unless a shorter period of time is specified by the State Board or by the LEA. A waiver request application that has been denied by the State Board shall not be re-submitted by the LEA to the State Board for consideration during the term of the adoption cycle for the specific content area. (11) A public charter school may apply for a waiver for the use of Textbooks and Instructional Materials in accordance with T.C.A. § 49-13-111.