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Non Waivable Education Codes

Education codes that cannot be waived under the general waiver authority.

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. Under the State Board of Education’s general waiver authority, California Education Code (EC) sections 33050-33053, the governing boards of school districts and county offices of education, as well as charter schools, can request a waiver of most parts of the EC and Title 5 Regulations. Non-waivable sections are as designated in EC Section 33050(a)(1)-(20) listed in more detail, below. In addition other chapters, articles, and sections throughout the EC are also excluded from waiver by their own terms, when the bill was written.

Listed below is a compilation of EC which cannot be waived, for one of the above two reasons. The first column gives the exact EC citation which contains the exclusion, the second column is the inclusive areas of EC which cannot be waived, and the third column gives a brief explanation of the section that is excluded from waiver. For questions on this chart call the California Department of Education Waiver Office at 916-319-0824

Exclusion

Area of Ed Code

General Topic of the Area of Education Code (EC)

33050(a)(1)

15700-15754

State School Building Aid Law of 1949

33050(a)(1)

15780-15795

School Housing Aid for Reorganized School Districts

33050(a)(2)

16000-16105

State School Building Aid Law of 1952

33050(a)(2)

16150-16166

School Housing Aid for Reorganized School Districts

33050(a)(2)

16190-16207

School Housing Aid for Exceptional Children

33050(a)(2)

16210-16215

School Housing Aid for Compensatory Education Purposes

33050(a)(2)

16230-16236

School Housing Aid for School Districts impacted by Seasonal Agricultural Employment

33050(a)(2)

16250-16253

School Housing Aid for a Regional Occupational Center

33050(a) (2)

16260-16272

Children’s Center Construction Law of 1968

33050(a)(2)

16280-16284

Kern County Regional Occupational Center

33050(a)(2)

16300-16301

San Joaquin County ROC Housing Aid

33050(a)(2)

16310-16344

School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities

33050(a)(3)

17000-17066

State School Building Lease – Purchase Law of1976

33050(a)(3)

17070.10-17079.30

Leroy Greene School Facilities Act of 1998 (except EC 17070.80 see EC 17070.80(d)(5) is reserved for Waiver by Superintendent of Public Instruction

33050(a)(3)

17085-17096

Emergency School Classroom Law of 1979

3050(a)(7)(A)

17210-17224

Acquisition of School Construction Sites

33050(a)(7)(B)

17251-17255

School Site Acquisitions – Department of Education Powers and Duties

33050(a)(7)(B)

17260-17268

School Site Acquisition- Plans

33050(a)(7)(B)

17280-17317

School Site Acquisitions – Approvals. (Field Act)

33050(a)(7)(B)

17320-17336

School Site Acquisition – Earthquake Construction of Private Schools

33050(a)(7)(B)

17340-17343

Building Schoolhouses

33050(a)(7)(B)

17350-17360

Factory-Built School Buildings

33050(a)(7)(B)

17365-17374

Fitness for Occupancy Of School Buildings (Field Act)

33050(a)(7)(C)

17416-17429

Various Provisions regarding Leases and Lease-Purchases

33050(a)(7)(C)

17459

Duty to Offer Property for Sale as Surplus Land

33050(a)(7)(C)

17462

Deposit of Funds from Sale of Surplus Property

33050(a)(7)(C)

17464(a)

Priorities and Procedures – Sale of Lease with Purchase Option of Property

33050(a)(7)(C)

17582-17592

Applications for Building Deferred Maintenance Funding

33050(a)(4)

22000-25100

State Teachers’ Retirement System

33050(a)(5)

35735.1

Base Revenue Limit Per Unit of Average Daily Attendance for Newly Organized School Districts

33050(a)(6)

37220(a)(8)

Veteran’s Day Holiday. School Closure

37252(g)

37252

Summer School Mandates. (See EC 37252(g) Prohibits waivers By SBE and SPI).

37252.2(h)

37252.2

Pupils in grades 2-9 recommended for retention or retained pursuant to 48070.5; intensive supplemental instruction

37252.8(h)

37252.8

Pupils in grades 2-6 meeting certain criteria; intensive supplemental instruction

33050(a)(8)(A)

41000-41360

School District Funding; Management, Minimum Funding, State School Fund

33050(a)(8)(B)

41420-41423

Disqualification of School Districts from State Apportionment

33050(a)(8)(C)

41600-41866

State School fund. Computation of A.D.A. and Various Allowances

33050(a)(8)(D)

41920-42911

Instructional TV, Miscellaneous Allowances, Financial Statement of School Districts, Taxation, School District Funds, Expenditures and Appropriation, Revolving Funds, etc. Chapter 11. (Repealed)

44225(m)

44200-44399

Teacher Credentialing (Waiver authority transferred to the Commission of Teacher Credentialing; on June 30, 1995 see EC 44225(m))

33050(a)(9)

44504 and 44505

Peer Assistance and Review Program for Teachers – Implementation Date and Notification

33050(a)(10)

44930-44988

School District Employees; Resignations, Dismissals and Leaves of Absence. (Specifies specifically that any Title 5, CCR regulations adopted pursuant to these statutes are prohibited from being waived)

33050(a)(11)

46000-46611

Attendance for Computing Apportionments to School Districts, minimum instructional minutes and days (Except: EC 46300(b) work experience is waivable by its own terms)

47602(a)(1)

47602(a)(1)

Maximum number of Charter Schools

47612.5(e)(4)

47612.5(a)(1)

Minimum number of instructional minutes required for Charter Schools

33050(a)(12)

48900-49051

Suspension and Expulsions of Students, Corporal Punishment Prohibition, Various Student Rights, etc.

33050(a)(12)

49060-49085

Confidentiality of Pupil Records, Parents Rights

33050(a)(13)

51513

No Survey of Students with Questions on Family Practices, Sex, Religion Without Parental notification

51747.3(d)

51747.3

Independent Study; Restrictions on Apportionment, Residency requirement (Is non waivable by its own terms)

33050(a)(14)

52120-52128.5

K-3 Class Size Reduction Program. (But see short term waiver authority in EC 52122.6.)

33050(a)(15)

52163

Bilingual Education Program – Definitions

33050(a)(16)

52164.1

Bilingual Education Program – Census

33050(a)(16)

52164.6

Bilingual Education Program – Reclassification

33050(a)(17)

52165

Bilingual Education Program – Instruction in Primary Language

33050(a)(17)

52166

Bilingual Education Program – Teacher Evaluation Procedures

33050(a)(17)

52178

Bilingual Education Program – Waiver Procedures

33050(a)(17)

52522.1

This EC became inoperative on July 1, 1995 and, as of January 1, 1996, is repealed

33050(a)(18)

52850-52863

School-Based Program Coordination Act. (see below)

33050(b)

52850-52863

(Waiver of any program listed in EC 52851 must be granted pursuant to EC 52863.)

33050(c)

52870

Advisory Committees. Any waiver of an advisory committee required by law shall be granted only pursuant to EC 52870

33050(a)(19)

56364.1

Instruction of Pupils With Low Incidence Disabilities. Except that, this restriction shall not prohibit the SBE from approving any waiver of EC 56364 or EC 56364.2 as applicable relating to full inclusion

 

Questions:   Waiver Office | waiver@cde.ca.gov | 916-319-0824
Last Reviewed: Thursday, June 13, 2019