When certain provisions of Education Code or 5 CCR prevent the District from offering its students the best possible educational program, the Governing Board may request the State Board of Education to waive these provisions. District administrators, staff, advisory committees, and councils shall identify the need for waiver requests and provide the Board information needed to make the waiver request.

General Waiver Requests
The Board shall hold a properly noticed public hearing on all general waiver requests. (Education Code 33050)

The Board shall include the exclusive employee representative in the development of the waiver and shall seek the participation of appropriate councils or advisory committees.

A waiver request must include a statement as to whether the exclusive employee representative participated in the development of the waiver and the exclusive employee representative’s position on the waiver. Waiver requests shall include a written summary of any objections to the request by the councils or advisory committees. (Education Code 33051)

If the waiver affects a program that requires the existence of a school site council, the school site council must approve the request. (Education Code 33051)

Specific Waiver Requests
The Board shall hold a properly noticed public hearing on all specific waiver requests when required by law or when the Board desires community participation in the development of the waiver.

The Board shall include the exclusive employee representative, school site council, advisory committees and councils in the development of specific waivers when required by law or when affected by the waiver request.

The Board may grant, in whole or in part, any request for waiver when the facts indicate that failure to grant the waiver would hinder the implementation of the student’s individualized education program or compliance by a District, special education local plan area, or county office with federal mandates for a free, appropriate education for children or youth with disabilities. (Education Code 56101)

Legal Reference:

Education Code
8750-8754 Grants for conservation education
10400-10407 Cooperative improvement programs
17047.5 Facilities used by special education students
17291 Use of owned or leased relocatable building as school buildings
33050-33053 General waiver authority
41000-43060 School finance
44520-44534 New careers program
44666-44669 School-Based Management and Advanced Career Opportunities for Classroom Teachers Programs
44670.1-44671.5 School Development Plans
44681-44689 Administrator Training and Evaluation
45108.7 Maximum number of senior management positions
51870-51874 Education Technology
52000-52049 School Improvement Program
52033 Waiver of code provisions
52122.6-52122.8 Class size reduction – impacted school sites
52160-52178 Bilingual-Bicultural Education Act
52180-52186 Bilingual Teacher Training Assistance Program
52200-52212 Gifted and Talented Pupil Program
52340-52346 California Regional Career Guidance Center
52850-52863 School-Based Coordinated Program
54000-54061 educationally Disadvantaged Youth Programs
54100-54145 Miller-Unruh Basic Reading Act
54407 Waiver for compensatory education programs
54665 Waiver for dropout prevention program
54720-54734 School-Based Pupil Motivation and Maintenance Program and Dropout Recovery Act
56000-56885 Special Education Programs
58407 Waiver related to individualized instruction program
58603 Waiver for compensatory education programs
58900-58928 Restructuring demonstration programs

Code of Regulations, Title 5
13017 Waivers
13044 Waivers

United States Code, Title 20
1400-1491o Individuals with Disabilities in Education Act

First Reading: 10/11/00

Governing Board Adoption: 11/8/00

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