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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)
State School Building Aid Law of 1949
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
33050(a)(20) 60600-60652 Any EC that establish requirements for the STAR student assessment program
33050(a)(20) 60640-60649 Standardized Testing and Reporting Program (STAR Test)
Questions:   Waiver Office | | 916-319-0824
Last Reviewed: Tuesday, August 30, 2016
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