Instructions for Preparing a Waiver Request

Background

California Education Code (EC) Section 58509 grants to the State Superintendent of Public Instruction (SSPI) the authority, upon a school district's application, to waive any provisions of the EC other than those relating to earthquake safety, California Code of Regulations , regarding alternative schools and programs of choice, commencing at EC Section 58500 , and EC Section 51747.3 . The SSPI may be expected to approve requests which facilitate achievement of the goals and objectives of an alternative school or program of choice provided that the waiver is not viewed as detrimental to the regular school program. Alternative school of choice is defined in EC Section 58500 .

Waiver Request Form

Use the Alternative School of Choice Waiver Request (DOC) and address only one issue with each form. Email completed request(s) to altschoolschoice@cde.ca.gov.

Note: When requesting an Alternative School of Choice Waiver, address the SSPI, not the State Board of Education.

1. In Part I, Legal Criteria, Item 1, enter the number of the EC section for which a waiver is requested. Complete Items 2–5 as specified.
   
   
2. In Part II, Purpose and Desired Outcomes, consider the following items:
   
   
   • Identify and summarize the specific statement or sentence in the EC for which the waiver is requested.
     
     
   • Provide a statement of the rationale and desired outcome of the waiver, emphasizing benefits for students, which includes:
     
     
     • The scope, district-wide, school-wide, or only for a specific program
       
       
     • The names of the schools that are expected to be involved or affected, with a contact name and phone number for each school
       
       
     • The estimated proportion of the total district or school enrollment that will benefit from the waiver
       
       
     • The expected negative consequence(s) of non-approval
       
       
   • Explain how you know that the alternative school or program of choice is legally compliant.
     
     
   • Indicate the desired duration of the waiver, up to two years.
     
     
3. Regarding certification, the superintendent's signature is required together with the date of the local governing board's approval.