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Specific Waiver Instructions

Instructions for preparing a specific waiver for online submission.

Specific Waivers - This type of waiver is expressly authorized as part of a specific statute. Check the Education Code (EC) sections immediately preceding or following the particular section you wish to waive for the specific authority EC Section. It usually does not require community involvement (public hearing) and may require consultation with a relevant union, council or committee. Examples of specific waiver authorities are found in the School Based Coordination Act EC Section 52863 and Instructional Time Penalty EC Section 46206.

Identification Information: CD Code (7 digit) – This code number identifies the county and the district or county office of education (not the school) and is populated from the California Public School Directory.

Local Educational Agency (LEA) - Only school district governing boards, county boards of education and county offices of education are eligible to request specific waivers from the State Board of Education (SBE). For Special Education specific waivers only, a SELPA also may request the waiver. Nonpublic schools or agencies may not apply; a district or SELPA must sponsor them.

Phone contact and recipient of approval/denial notice/e-mail address - List the name of the person who is most knowledgeable about this waiver request, which may be the person completing the form. California Department of Education (CDE) staff frequently must call or e-mail for additional information and questions about the waiver contents.

Address, City, State, Zip, Phone and Fax Number – Fill in the appropriate blanks for the address and the phone number (include extension number, please) and the fax number of the LEA making the request.

Period of Request - Generally, this is established by the language of the authorizing law. For example, EC Section 52863 has a two-year limit. Some waiver topics have SBE guidelines that restrict them to one year. Indicate the month/day/year.

Legal Criteria

Authority for the Waiver - Write in the EC Section citation, which allows the waiver of the specific EC Section you want to waive, and the State Board to grant a waiver of other specific parts of the EC. Such waivers require local board approval and may require consultation with a relevant union, council, or committee. If you are unsure if the issue is a specific waiver, check the EC sections immediately preceding or following the particular section you wish to waive for the specific authority or any reference to how to obtain waivers of the nearby section items.

Special Education - Most special education waivers are specific waivers under the authority of EC 56101, when the waiver is beneficial to the content and implementation of the pupil’s individual educational program.

NOTE: Specific Waivers for Resource Specialist Caseload Waiver Requests, (the waiver authority is EC 56101 and CCR, Title 5, Section 3100) the local bargaining unit must be consulted.

EC Section, California Code of Regulations section or portion to be waived Type the EC section number(s) or CCR, Title 5, section number(s), which you want to waive (in part or in whole). Give a brief description of the topic of the waiver.

If this is a Renewal of a Previously Approved Waiver - List the previous waiver number and date the SBE approved the original waiver.      

Collective Bargaining Unit Information  - Although union support is not a required condition for State Board approval of specific waivers, some waivers do require union participation, if you are not sure please check the EC authority and section for what you are waiving, if you still not sure, contact the Waiver Office for clarification.

Education Code or California Code of Regulations section to be waived

Type in the actual text of the pertinent section of the law (EC) or regulation (Title 5) you wish to waive. If the request is to waive a portion of a section, type the text of the pertinent sentence of the law, or those exact “phrases” requested to be waived (use [brackets] if only portions of the sections are to be waived).

Desired Outcome/Rationale - State what you hope to accomplish with the waiver. Please do not restate the law. Describe briefly the circumstances that brought about the request and why the waiver is necessary to achieve improved student performance and/or streamline or facilitate local agency operations. If more space is needed, please attach additional pages.

For a Renewal Waiver Only - Complete this section of certification to three stipulations to which affirmative answers will allow the waiver to go as a renewal.

Apportionment Related Audit Penalty - Is this waiver associated with an item that is included on the related audit penalty per EC 41344? If yes, attach an explanation or a copy of the audit finding. Currently, due to statute, the SBE cannot waive these types of waiver requests.

Categorical Program Monitoring (CPM) - Is this waiver associated with an item that is a noncompliance finding on the CPM? If yes, attach an explanation or a copy of the noncompliance finding.

District or County certification - The district or county office of education Superintendent or designee is to certify to the accuracy of the information, and date the request application.

IMPORTANT NOTE: If a SELPA Administrator is not supportive of the waiver request, a statement of explanation is required. All statements will be considered in the Department's review and recommendation to the SBE. If no statement to the contrary is attached, it will be concluded that the SELPA is neutral or supportive.

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Questions:   Waiver Office | waiver@cde.ca.gov | 916-319-8024
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