(a) A high performing school district may, during any year in which the designation is in effect, without first seeking or obtaining approval from any other state or local governmental agency or unit:

(1) Appropriate additional funds as needed from the fund balance of self-sustaining or self-sufficient funds, including, but not limited to, the central cafeteria fund and the extended school program fund;

(2) Utilize a teacher evaluation system which varies from the evaluation system established by the department as though a flexibility waiver had been applied for and granted to the district. Notwithstanding the foregoing, the alternative teacher evaluation system used shall comply with all rules of the state board. The high performing school district shall submit the evaluation system it plans to use to the department; and

(3) Add educational days to that district's school calendar, so long as the minimum number of school days required by law is met.

(b) A high performing school district, during any year in which the designation is in effect, may apply to the commissioner of education for a waiver of any state board rule, regulation or statute that inhibits or hinders the district's ability to meet its goals or comply with its mission statement. At the discretion of the commissioner the waiver may be granted, but the commissioner shall not grant a waiver where waivers are otherwise prohibited in this title, and shall not waive regulatory or statutory requirements related to:

(1) Federal and state civil rights;

(2) Federal, state, and local health and safety;

(3) Federal and state public records;

(4) Immunizations;

(5) Possession of weapons on school grounds;

(6) Background checks and fingerprinting of personnel;

(7) Federal and state special education services;

(8) Student due process;

(9) Parental rights;

(10) Federal and state student assessment and accountability;

(11) Open meetings; and

(12) At least the same equivalent time of instruction as required in regular public schools.