Board Information

• Approved September 28, 1998
• Amended August 14, 2000
• Amended August 26, 2002
• Amended April 10, 2017

I. The Board has the authority to waive regulatory requirements promulgated by the Board pursuant to KRS 161.028(1)(r).

1. Request
1. Applicant for Certification;
2. Postsecondary Institution; or
3. Superintendent of a local school district.
2. Format of Request
1. All waiver requests submitted to the Board pursuant to KRS 161.028(1)(r) shall be submitted in writing to the Board’s Executive Director at least 30 days before the next regularly scheduled Board meeting. Each waiver request shall set forth all facts to support the extraordinary circumstances necessary for waiver and shall stipulate the specific regulation for which the waiver is requested.
2. If the applicant for waiver wishes to be considered for a conditional waiver while the request for waiver is pending consideration by the Board, the applicant shall include in his/her application an explanation as to: 1) why the applicant did not submit the application sooner; and 2) why the applicant will suffer significant hardship if the application has to wait until the Board makes a final decision.
3. The waiver request, along with all supporting documentation, shall be included in the agenda materials for the next Board meeting. The waiver request agenda item shall be assigned to the Board Waiver Committee for initial review and recommendation.
3. EPSB Staff Review
1. EPSB staff shall conduct a preliminary review of the request.
2. If the applicant is seeking a conditional waiver, the Executive Director will consultant with the Board Chair and the Waiver Committee Chair regarding the request for a conditional waiver.
3. If approval is obtained by the Board Chair and the Waiver Committee Chair, the EPSB shall approve a conditional waiver prior to review by the full Board Waiver Committee and final decision of the full Board.
4. Conditional Waiver
1. A conditional waiver is exceptional relief granted in limited circumstances.
2. The granting of a conditional waiver does not limit the Board’s ability to deny the waiver once presented to the full Board.
5. Acknowledgement of Waiver Request
1. The Executive Director shall send a letter to the applicant notifying him/her of the date, time, and location of the Board Waiver Committee Meeting as well as the Board meeting at which his/her request will be considered.
2. If the application included a request for a conditional waiver, the Executive Director shall inform the applicant of the status (approved/not approved) of the conditional waiver request.
6. Recommendation by Waiver Committee
1. The Waiver Committee shall review the request for waiver, along with any attached supporting documentation submitted by the applicant in the presence of EPSB Staff in an open meeting prior to a regularly scheduled Board meeting.
2. The Waiver Committee shall hear a presentation from EPSB staff regarding the waiver during its meeting and shall have the opportunity to ask EPSB staff questions.
3. The Waiver Committee has the sole discretion in determining whether or not the waiver applicant may address the committee.
4. The Waiver Committee shall formulate a recommendation to be made to the full Board at the next regularly scheduled Board meeting.
5. When considering a waiver request, the Waiver Committee shall only recommend that the Board approve the waiver if the applicant has demonstrated extraordinary circumstances.
6. The Waiver Committee shall make a recommendation to the Board.
7. Final Decision by Board
1. After receiving the committee’s recommendation, the Board shall vote in open session on the committee’s recommendation and render a final decision.
2. The Board shall only grant waiver requests if the applicant demonstrates that extraordinary circumstances exist.
3. The Executive Director shall notify the applicant in writing of the decision of the Board.
4. Any waiver granted pursuant to KRS 161.028(1)(r) shall be subject to revocation if the person or institution falsifies information or fails to meet the intent of the waiver.
5. Waivers are limited to a one-year period. If a waiver is sought for a period that exceeds one year, the applicant must reapply at the end of each one-year period.