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General Waiver Request

Data field definitions and required attachments for the online waiver application for general waivers.

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. California Education Code (EC) sections 33050-33053 permit the State Board of Education (SBE) to waive most, but not all, EC sections or the California Code of Regulations Title 5 (5CCR). This is known as the general waiver authority; it is not program specific. In the absence of specific waiver authority for the subject you need, this is the appropriate course to take.

There are some EC sections excepted (a waiver is not permitted) from this authority as listed in EC 33050 (a)(1) through (23). Please be sure to check this list before requesting a waiver under this authority. In addition, elsewhere in the EC, there are specific chapter articles or sections excluded from the general waiver authority.

Charter School – Chartering district must request General Waivers on your behalf:

California EC 33054 used to allow charter school to submit a general waiver request on their own behalf. However, effective January 7, 2007, that section of the EC was repealed.

This means that a charter school can no longer submit a general waiver request on its own behalf. Charter schools must have their chartering district submit the waiver request for the charter school. The general waiver request is available below for review and all data elements must be completed.


General Waiver Request Data Elements Required Attachments for All General Waivers Additional Required Attachments for Some Waivers Frequently Asked Questions Other Resources



General Waiver Request Data Elements

Before you apply for an online waiver, you will need to have the following data elements as the request must be completed in one sitting. Information cannot be saved or return to finish at a later date.

Below is a list of required data fields and instructions by section. You will need this information before you begin the process of applying for an online waiver.

General Waiver Request Online Application Sections:
  1. District Information
  2. Waiver Information
  3. Public Hearing
  4. Approvals/Review
  5. Bargaining Unit
  6. Attachments
  7. Contact Information

Section 1: District Information

The governing board of a school district, or a county board of education are eligible to request waivers from the SBE. Regional occupational program/centers may apply if approved by a unanimous vote of the governing board of the joint powers agency. Charters and non-public schools may not request general waivers. Those waivers must be requested on their behalf by their authorizing district or county office of education.

The information in this section will be used to identify the Local Educational Agency (LEA) 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 School Directory.

Data Field Description

County

Select from drop down menu.

District

Select from drop down menu.

Address

Auto-populated based on County and District drop down selection.

City

Auto-populated based on County and District drop down selection.

State

Auto-populated based on County and District drop down selection.

Zip Code

Auto-populated based on County and District drop down selection.

Fax

Enter fax number of the LEA making the request.

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Section 2: Waiver Information

Information in this section will be used to determine the type of waiver requested, as well as provide the LEA the opportunity to describe the circumstances that brought the request and what a waiver will accomplish. Depending on the waiver type requested, additional data fields not shown below may be required.

Data Field Description

Period of Request Start Date

Generally, this is a period of time as requested by the LEA, consistent with the purpose of the waiver. Specifically indicate the month/day/year for the beginning time of the waiver that you are requesting. This beginning time may be a date that is prior to submittal of the waiver, if necessary to include dates of any earlier events relevant to the purpose of the waiver.

NOTE: Under EC Section 33051(b), districts that have requested and received approval for the same general waiver for two consecutive years may not be required to reapply annually if the information contained on the request remains current. The SBE always retains the authority to require updated information, or rescind the waiver request, once granted.

Period of Request End Date

Indicate the month/day/year for the ending time of the waiver that you are requesting.

Renewal?

Yes or No.

For a Renewal Waiver only, the district also must certify. Complete this section of certification to three stipulations to which affirmative answers will allow the waiver to go as a renewal.

Renewal Previous Waiver Number

If applicable

Previous SBE Approval Date

If this is a Renewal of a previously approved waiver, list the previous waiver number and date the SBE approved the original waiver.

Waiver Topic

Select from drop down menu.

Education Code Title

Select from drop down menu.

Education Code Section

Write the EC section number(s) or 5 CCR section number(s), which you want to waive (in part or in whole).

Education Code Authority

For General Waivers this will be 33050

Education Code or California Code of Regulations section(s) to be waived.

Type in the actual text of the pertinent section of the law (EC) or regulation (5 CCR) to waive. Use [brackets] to indicate what sections or portions of sections are to be waived.

Link to samples of EC strike out from commonly requested general waivers

Student Population

Has a student population of - provide #.

Location Description

Located in a (urban, rural, or small city)

Desired Outcome/Rationale

State as briefly as possible what this waiver will accomplish. Please do not restate the law. Describe the circumstances that brought the request and why the waiver is necessary to achieve improved student performance and/or streamline or facilitate local agency operations. Many waivers need additional materials and other data provided as attachments to support this section. If you are unsure of what extra materials to provide call the Waiver Office, or the California Department of Education (CDE) Consultant who works on that particular type of waiver.

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Section 3: Public Hearing

General waivers require the local board to conduct a public hearing on the waiver request before the SBE can consider it. A public hearing is not simply a board meeting, but a properly noticed public hearing (per applicable open meeting law [e.g., the Brown Act]) held during a board meeting at which time the public may testify on the waiver proposal. Distribution of local board agenda does not constitute notice of a public hearing. The notice must specifically invite public testimony.

Data Field Description

Date of Public Hearing

Cannot be a future date. State the date that the local school board approved this waiver request.

How was the required public hearing advertised?

Acceptable ways to advertise include: (1) print a notice that includes the time, date, location, and subject of the hearing in a newspaper of general circulation; (2) in small school districts, post a formal notice at each school and three public places in the district (modeled after EC Section 5362); or (3) publish a notice on the LEA’s website that includes the time, date, location, and subject of the hearing.

Local Board Approval Date

Cannot be a future date. State the date that the local school board approved this waiver request.

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Section 4: Approvals/Review

Advisory committee, schoolsite council, or other parent and common groups participation in the development of the waiver request is also required for general waivers. Failure to gain approval from the schoolsite council in a waiver of any program requiring the existence of a schoolsite council is a cause for denial (EC Section 33051(2) External link opens in new window or tab.) of the waiver. This involvement should be before the public hearing and board vote on the waiver.

For some topics, there may be another committee or council with an interest in the waiver, and they must be consulted. If a written summary of any objections from the committee or council is not included, this is also grounds for denial based on EC Section 33051(3) External link opens in new window or tab..

Data Field Description

Advisory Committee or Schoolsite Councils

Please identify the appropriate council(s) or advisory committee(s) that reviewed this waiver.

Date the Committee/Council Reviewed the Waiver Request

Cannot be a future date, and should be before the public hearing and board vote on the waiver.

Note: This should be held as close to the public hearing and local board approval date as feasibly possible. Significant gaps between the committee/council consultation and submission of the waiver request may result in processing delays.

Were there any objection(s)?

Yes or No

If “yes,” please summarize the objections.

Provide a brief summary of the objection.

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Section 5: Bargaining Unit

This item is required for general waivers. Failure to involve the bargaining unit as a participant in the waiver process is a cause for denial of the waiver per EC Section 33051(7) External link opens in new window or tab.. This involvement would be best if it is before the public hearing and board vote on the waiver request. The district or county’s obligation to consult unions is not restricted to contract issues. Although union support is not a required condition for the SBE’s approval, the request must reflect the LEA’s efforts to involve any bargaining units. The position of the bargaining must be clearly marked, and explained if they are opposed.

Data Field Description

Does the district have any employee bargaining units?

Yes or No.  All general waivers require bargaining unit participation in the development of the waiver.

Bargaining Unit(s) Consulted on Date(s)

Cannot be a future date.

Name of Bargaining Unit

Provide the name of the bargaining unit consulted.

Representative First Name

Enter the first name of the bargaining unit representative consulted.

Representative Last Name

Enter the last name of the bargaining unit representative consulted.

Representative Title

Enter the title of the bargaining unit representative consulted.

Representative Contact Number

Provide the representative’s phone number.  Include an extension if applicable.

Note: An email address can be provided in lieu of a phone number.

The Position of the Bargaining Unit

Select Neutral, Support, or Oppose.

Opposing Comments

If the bargaining unit opposes the waiver, please specify why.

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Section 6: Attachments

All general waivers require documentation evidencing the bargaining unit participation, the advisory council, and public hearing. This section also allows the county or district to submit additional materials and other data provided as attachments to support the waiver request.

Data Field Description

Apportionment Related Audit Penalty (per EC 41344)

Yes or No.

Is this a waiver associated with an apportionment related audit penalty per EC Section 41344? If yes, attach an explanation of the audit finding or a copy of the audit finding. Currently, due to statute, the SBE cannot waive these types of findings.

Categorical Program Monitoring (CPM)

Yes or No.

Is this waiver associated with an item that is a noncompliance finding on the CPM/Has there been a Federal Program Monitoring (FPM) finding on this issue? If yes, attach an explanation or a copy of the noncompliance finding.

Upload Attachments

Upload required attachments as listed in the Required Attachments section below, and any additional supporting documentation.  Documents must be Word, Excel, or PDF.

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Section 7: Contact Information

Provide the contact name and recipient of the Approval or Denial notice. 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.

Data Field Description

Contact Information

Input the title, name, position, email address, phone number, and extension, if applicable. This contact will receive the disposition letters, and may be contacted by CDE staff for additional information.

District or County Certification

The district or county office of education Superintendent or designee must certify to the accuracy of the information and date the request by checking the certification box.

“I hereby certify that I have gone through my authorizing school district and or Special Education Local Plan Area (SELPA), that I am the superintendent or the superintendent's designee and that the information provided on this application is true and correct.”

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Required Attachments for All General Waivers

For all general waivers please provide the following with your waiver request:

  • Documentation evidencing the public hearing of the governing board approving the waiver request.
  • Documentation of evidence of the advisory council regarding the waiver request.
  • Documentation of bargaining unit participation in the development of the waiver.

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Additional Required Attachments for Some Waivers

Some general waivers have additional attachments that must be added to the online waiver application.

Educational Interpreter for Deaf and Hard of Hearing Pupils

Submit a separate waiver for each interpreter and provide the following information:

  • Name, date and score of most recent (within 12 months) interpreter assessment (EIPA, ESSE, or NAD/ACCI);
  • Copy of the latest Test Certification page;
  • Name, dates and scores of previous assessments;
  • Date of hire;
  • A Remediation Plan, specific to that interpreter, including the LEA’s plans help the interpreter to achieve certification in the next year, including training/mentoring by a RID certified interpreter. The plan must include a statement that the interpreter understands (s)he might not be able to stay in their job if certification is not met, or a waiver granted. This document must be signed by the interpreter and the union representative as well as someone from the administration.

Waiver Policy for Educational Interpreters

Physical Education Program – Block Schedule

When submitting a Physical Education Program – Block Schedule general waiver request, please read the Waiver Policy to review the Physical Education Requirement for Block Schedules.

Physical Education Block Schedule Information

Sale or Lease of Surplus Property

Attach any resolutions which the governing board has adopted regarding the sale or lease of this property including minimum price or rental and the terms on which it will be sold or leased and the date and time at which sealed proposals or oral bids were to have been received and considered. If no resolutions were adopted, provide information in the “Outcome Rationale” section of the General Waiver submittal regarding the factors considered by the governing board for not utilizing the bid process as defined in the California Education Code.

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Other Resources

Frequently Asked Questions
Answers to the questions most commonly asked related to the Waiver Request System for waivers to the State Board of Education.

Education Code Strike-Out Language
Samples of Education Code strike-out language for some commonly submitted general waivers.

Waiver Policy
Waiver Policies Approved by the State Board of Education

Waiver Request System
Link to submit an online waiver.

Return to Main Waiver Page

Questions: Waiver Office | waiver@cde.ca.gov | 916-319-0824 
Last Reviewed: Tuesday, January 11, 2022
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