Information on the Revised Waiver Policy on Physical Education (PE) Requirements for Block Schedules:
On July 13, 2006, the State Board of Education approved this revised waiver policy (DOC; 46KB; 3pp.). This policy establishes criteria to be used for evaluation of waiver requests from local educational agencies seeking flexibility in the physical education requirements (EC 51222) to accommodate block scheduling. The criteria to be used by CDE staff in analyzing high school and middle schools scheduling changes in these types of waivers are identified. Please contact Marcela Obregon Enriques, Education Administrator, at 916-445-4904, for help on additional documents to complete a waiver request.
Information on the Special Education Algebra I Graduation Requirement Waiver:
Commencing with the 2003-04 school year, all pupils are required to complete a course in Algebra I (or its equivalent) prior to receiving a diploma of graduation from high school per Education Code (EC) 51224.5. Pursuant to EC 56101, local educational agencies (LEAs) may request a waiver of the requirement for the successful completion of Algebra I (or its equivalent) for special education pupils with an individualized education program (IEP).
When requesting a waiver for multiple students, include all students on the same form. A new waiver form – Waiver of Algebra I Graduation Requirements for Pupils with Disabilities has been created for this purpose. Attach a list of pupils to be included. or each pupil, blank out any names on all required documents for confidentiality and use the same identifier on all documents (IEPs, transcripts, and testing dates) for the same pupil so they can be reviewed together. Be aware of all current statutes for all other graduation requirements including passage of the CAHSEE for students with disabilities.
Information and forms to assist in preparing such waiver requests:
- Specific Waiver Form - Waiver of Algebra I Graduation Requirement (07-Mar-07; DOC; 46KB; 1p.)
- Required Documentation for a Special Education Algebra Waiver
- Specific Waiver Authority under EC 56101
This waiver of the Algebra l graduation requirement for special education students only (EC 56101) will continue to be available although the criteria under which the waivers are reviewed may change.
Information on EC 60119 Waiver Requests after the Williams Case Lawsuit Settlement:
District Information Regarding Education Code (EC) 60119 Findings:
Effective September 29, 2004, Senate Bill (SB) 550 (Chapter 9, Statutes of 2004), added EC 41344.4 as a part of the Williams Case lawsuit settlement. The new text is as follows:
EC 41344.4. Notwithstanding any other provision of law, a local educational agency is not required to repay an apportionment based on a significant audit exception related to the requirements specified in paragraphs (1), (2), and (3) of subdivision (b) of Section 14501 if the county superintendent of schools certifies to the Superintendent of Public Instruction and the Controller that the audit exception was corrected by the local educational agency or that an acceptable plan of correction was submitted to the county superintendent of schools pursuant to subdivision (k) of Section 41020. With respect to textbooks and instructional materials, the plan shall be consistent with the requirements of subparagraph (A) of paragraph (2) of subdivision (a) of Section 60119.
Above in the new statute also note reference to EC 14501(b), which SB 550 also changed as follows:
EC 14501(a). As used in this chapter, "financial and compliance audit" shall be consistent with the definition provided in the "Standards for Audits of Governmental Organizations, Programs, Activities, and Functions" promulgated by the Comptroller General of the United States. Financial and compliance audits conducted under this chapter shall fulfill federal single audit requirements. (b) As used in this chapter, "compliance audit" means an audit that ascertains and verifies whether or not funds provided through apportionment, contract, or grant, either federal or state, have been properly disbursed and expended as required by law or regulation or both and includes the verification of each of the following: (1) The reporting requirements for the sufficiency of textbooks or instructional materials, or both, as defined in Section 60119. (2) Teacher misassignments pursuant to Section 44258.9. (3) The accuracy of information reported on the School Accountability Report Card required by Section 33126. The requirements set forth in paragraphs (1) and (2) and this paragraph shall be added to the audit guide requirements pursuant to subdivision (b) of Section 14502.1.
This means that the compliance testing of local educational agencies (LEAs) audits now include the verification of: 1) the reporting requirements for the sufficiency of textbooks of instructional materials as defined by EC 60119, 2) teacher misassignments, and 3) the accuracy of the information reported on the School Accountability Report Card. Therefore LEAs should be aware of potential audit findings that may result from this additional testing.
Resolution of district findings:
- Call your county office of education regarding their ability to certify correction of the audit finding.
- If necessary, districts are advised to file an audit appeal with the Education Audit Appeals Panel (Outside Source). Visit their Web site for more information and timelines.
- Do not send the CDE Waiver Office any documentation directly.
County Office of Education Information for EC 60119 Findings:
Education Code Section 41344.3 continues to allow county offices of education to seek a waiver from the State Board of Education for minor and inadvertent audit findings of EC Section 60119.
Notwithstanding subdivision (c) of Section 41344 or any other provision of law, the State Board of Education may, upon a finding that violations were minor or inadvertent and the intent of Section 60119 was substantially met, consider and act upon requests to waive Section 60119 to the extent that a failure to comply with that section would otherwise subject the school district to a repayment due to an apportionment significant audit. The board may act on requests to waive Section 60119 regardless of whether the request was received before or after the effective date of this section.
If a county office of education has audit findings that are not minor and inadvertent, they are advised to file an audit appeal with the Education Audit Appeals Panel (Outside Source). See information and timelines at their Web site.
Below are forms for county offices of education to use for minor and inadvertent audit findings of EC Section 60119 to be filed with the CDE Waiver Office:
- Specific Waiver Request Form for EC 60119 by County Offices of Education - Revised (23-Feb-07; DOC; 68.5KB; 2pp.)
- List of Instructional Materials Being Used Form - Revised (15-Aug-06; DOC; 46KB; 1p.)
For further information regarding the settlement of the Williams Case and other related issues:
