Dive Brief:

• Two Kansas school districts have been granted waivers to the traditional state regulations under the 2013 Coalition of Innovative Districts Act.  
• The law allows up to 29 school districts to be exempted from a majority of the state's laws and regulations that dictate traditional public schools if they show a compelling plan proving how the waiver will improve education at their school.  
• The state Board of Education's own attorney believes this exemption is most likely unconstitutional.  

Dive Insight:

Since the state Board of Education was told this plan may be unconstitutional, the board has added new rules that give it more oversight and control in the innovative system.

The Kansas Department of Education initially didn't recommend approving the two district applications because they asked for waivers not just from state regulations but federal laws, as well. Included among the exemption requests: Testing requirements and school nutrition regulations. Since Kansas can not promise those federal exemptions, it said it would work with the districts get federal approval.  

This move toward "innovative districts" is in line with much of the rhetoric surrounding charter schools, which have been deemed more "innovative" and "flexible" approaches to public education.