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2012 Colorado Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagco0081 and id is 1 raw text is: JOHN W. SU PS Attorney General. C .YNTHIA a. COWTMAN Chief Deputy Attorney General DANIEL D. Do -Mco Solicitor General STATE OF COLORADO DEPARTMENT OF LAW Omcx oF mz ATORIEY GENERAL STATE SERVICES BUILDING 1525 Sham= Street - 7th Floor Denver Colorado $0203 Phone (303) 866-4500 FORMAL) OPINION ) No, 12-01 ) OF ) AG Alpha No. ED SB AGBDO ) JOHN W. SUTHERS ) January 23, 2012 Attorney General ) This opinion, requested by Commissioner of Education Robert K. Hammond, concerns whether it is permissible for the: State Board of Education (hereinafter the State Board,) to grant waivers to a school district under the Innovation Schools Act of 2008 (hereinafter the Act), when the program for which 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 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. QUESTION PRESENTED AND CONCLUSION Questwon Whether the State: Board has the authority to approve waivers under the Act for an innovation school that is not a pre-existing school. Answer: Yes. So long as the proposed school is not likely to result in a decrease in academic achievement or unless the plan for the new school is not fiscally feasible, the State Board has the authority to approve waivers for a new innovation school BACKGROUND I. The Innovation Schools Act of 2008 A. Purpose of the Act

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