(a) After the local board has endorsed the district transition planning process pursuant to § 802(e) of this title, the board shall initiate the district transition plan by applying for a transition planning grant as authorized in the annual state appropriations act or through the Department of Education's allocation of federal funds. (b) The Department of Education with the approval of the State Board of Education shall adopt guidelines for the approval of district transition grants, based upon the recommendations of a State Board advisory committee comprised of representatives of the school community, and shall promulgate such guidelines by January 1, 1997, so that districts may consider them during their activities pursuant to § 802 of this title and this section. The guidelines shall require, but not be limited to specifying, that the district demonstrate that the district has: (1) Conducted structured conversations and activities to make the transition to shared decision-making as evidenced by local board action and the Report and Recommendation of the District Advisory Committee signed by representatives of school community as specified in § 802(d) of this title; (2) Established a District Transition Team; (3) Established a working procedure for the District Transition Team to reach decisions and resolve conflicts; (4) Validated significant support from members of the school community; (5) Established plans for communicating the results of the district transition plan to the broader school community for information and critical review; (6) Specified within its district transition plan its policy for supporting such activities from its local budget, including the school improvement planning process set forth in § 806 of this title, and specifically identified funds to be made available to school committees for their use, such as funds for professional development and classroom materials; and (7) Described how the various stakeholder groups will formally express their opinion regarding the district transition plan prior to its adoption by the local board of education. (c) The Department of Education shall provide local school boards and District Transition Teams with assistance, guidance and strategies to initiate, develop and formally adopt their district transition plans. (d) The local board of education, following public review and comments, shall be responsible for the final form and formal adoption of the district transition plan. (e) A local board's decision not to adopt a District Transition Plan for shared-decision-making shall not limit the authority of a school principal who demonstrates significant faculty support to submit a waiver request to the local board pursuant to a provision of this title or to develop a school improvement plan; provided, however, that this subsection shall not deprive the local board of its authority to disapprove a waiver request or a school improvement plan pursuant to its authority under § 1049 of this title.
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