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Instructional Material Waivers

Process and forms to prepare a waiver or a petition request for instructional materials.
There is no longer a need for "24 month rule" waiver requests from local educational agencies.

In 2009 the State Legislature and Governor suspended the requirement that school districts must use their Instructional Materials Funding Realignment Program (IMFRP) funds to purchase State Board of Education (SBE) adopted instructional materials within 24 months of their adoption. These actions occurred via Assembly Bill
(AB) X4 2, the Omnibus Education Trailer Bill to the 2009 Budget Act (SBX3 4). This suspension expires in July 2013.

Under California Education Code (EC) Section 42605(a) IMFRP funds may be used “for any educational purpose.” However, it is important to note that EC Section 42605(e)(2) references certain restrictions on the use of funds if an LEA chooses to use IMFRP or other flexible funds to purchase instructional materials. For additional information, please visit the FAQ page for Instructional Materials

Local educational agencies (LEAs) may petition the SBE for a waiver to purchase and use non-adopted instructional materials (such as special education materials or other non adopted materials) with IMFRP funds. LEAs that make such a request must provide evidence, in the form of standards maps, that the materials they intend to use fully cover the content standards for the grades and subjects for which they are seeking the waiver. LEAs must also include assessment data to demonstrate that their students have high achievement in meeting the standards. If you need the forms please contact the Waiver Office.

Petition Request Form and Instructions:
Petition Request Process - Special Education

LEAs that serve students with severe cognitive disabilities may petition the SBE to use IMFRP funds to purchase adapted materials that meet the special needs identified in the IEPs of those students. LEAs that seek a waiver for this purpose will have to fill out standards maps that demonstrate coverage of the California Alternate Performance Assessment (CAPA) standards for those students. For example, if the waiver was for a population of students at CAPA levels 1-3, then the LEA would have to show how the materials they wish to purchase and use provide full coverage of the CAPA standards for those levels. Level 1-4 CAPA standards maps and instructions for English/language arts and mathematics:

Return to Main Waiver Page

Questions:  Waiver Office | 916-319-0824
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