Waiver Process for the California State Board of Education
This page is designed to provide local educational agencies with information and forms to prepare a waiver request.
Look for our NEW ONLINE waiver request submission process coming spring 2012
The purpose of a waiver is to provide flexibility in a school district or county office of education without undermining the basic intent of the law. The governing board of a school district or county office of education may request a waiver of parts of the California Education Code and regulations. The State Board of Education (SBE) may approve such waivers under the general waiver authority, sections 33050-33053. Some statutes are excluded from the general waiver authority (Posted 4-Nov-08; DOC; 52KB; 4pp.).
Specific waivers are granted under the authority given to the SBE in various specific Education Code sections and are generally more limited in scope. The specific authority most commonly used is Education Code Section 56101 for students with disabilities. In addition to school districts and county office governing boards, Special Education Local Plan Areas (SELPA's) may request this waiver for students with disabilities.
To Submit a Waiver Request:
- Download the waiver request forms to your local drive.
- Complete a separate waiver request for each school and each topic. (Each waiver submitted must be for a single school and a single topic. For example, if a LEA is requesting a waiver for school XYZ for QEIA class size and teacher experience index (TEI) the LEA would submit two separate waivers, one waiver for school XYZ for QEIA class size and one waiver for school XYZ QEIA TEI).
- Submit the waiver request and all backup materials (word or excel documents) electronically to waiver@cde.ca.gov . Do not make pfd documents.
- After the electronic submission send the original with signatures to the California Department of Education, Waiver Office. Do not forget the required signatures.
- After the electronic submission and receipt of the LEA’s original request, the Waiver Office will route the waiver request to the appropriate program staff to determine if the waiver request is complete. Waivers cannot be processed until all information is complete.
- The program office will determine if the waiver application is complete. If the application is complete the waiver will be marked as “received” and the analysis of the request will begin. If the application is not complete the waiver application will be returned to the LEA for the required information.
Training about waivers and the waiver process is available for small groups via telephone and internet. Call the main telephone number listed below for more information.
Look for our NEW ONLINE waiver request submission process coming spring 2012
Table of Contents:
Hot Topics
Go to our Hot Topics page to get the latest forms and information
on the following:
- Open Enrollment List Waivers
- Class Size Penalties Waiver Information
- Educational Interpreter Regulations Waiver Information
- Special Education Algebra Graduation Requirement Waiver Information
- Instructional Materials Waivers or Petitions
- Sufficiency of Instructional Materials EC 60119 Waiver Information
- New Flexibility in Instructional Time (minutes and days)
- Charter Schools - Chartering district must request waivers on your behalf
- 2011 Summer School Meal Waiver Information
- California High School Exit Examination (CAHSEE) Waiver Information for modification
- Charter School Attendance Accounting and Multi-Track Calendar Waivers
- Equity Length of Time Requirement Change for Extended Day Kindergarten
- Instructional Time Penalty Waivers - Charter Schools
- Instructional Time Penalty Waivers - District and COE
- Physical Education Policy - Requirements for Block Schedules
- School Site Council Waivers
- State Testing Apportionment Information Report Waiver
Waiver Forms
Forms for preparing waiver requests. The forms are in Word Format.
2011 Waiver Calendar
Calendar and deadlines for the State Board of Education meetings.
2012 Waiver Calendar
Calendar and deadlines for the State Board of Education meetings.
Waiver Contact Guide
List of topics of waiver requests and the corresponding department
staff with phone numbers.
Waiver Reports
For the years 2005 through 2009.
Waiver Policies
Here are the most current ones available. Waiver policies that used to reside on the State Board of Education's web site are now on this page.
Contact the Waiver Office:
Mailing Address:
California Department of Education
1430 N Street, Suite 5602
Sacramento, CA 95814
Telephone Numbers:
Main Telephone Number: 916-319-0824
Fax Number: 916-319-0117
Christine Gordon, Education Programs Consultant: 916-319-0823
Joann Bonillas, Analyst: 916-319-0592
Elena Alvarez, Student Assistant: 916-319-0593
E-mail Addresses:
cgordon@cde.ca.gov
jbonilla@cde.ca.gov
ealvarez@cde.ca.gov
Other Places to visit:
For more information on the State Board of Education, visit its
Web site at: State Board of Education.
Got a question regarding teaching credentials waivers? Go
to the California
Commission on Teacher Credentialing. (Outside Source)
Are you looking for a particular Special Education Certified
Nonpublic School/Agency?
For a searchable
list go to the California Certified Nonpublic, Nonsectarian Schools and Agencies Database. (Outside Source - Revised 30-Aug-05)