No. 12-01 AG Alpha No. ED SB AGBDO - January 23, 2012

This opinion, requested by Commissioner of Education Robert K. Hammond, concerns whether it is permissible for the State Board of Education to grant waivers to a school district under the Innovation Schools Act of 2008, when the program for which the waivers are being requested is an entirely new program and not an existing school. For the reasons discussed in this memorandum, I conclude that the State Board may grant waivers to a school district under the Innovation in Schools Act for a new program, unless the innovations are likely to result in a decrease in academic achievement or unless the plan for the new school is not fiscally feasible.

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