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College SD |  BP  1431  Community Relations

Waivers   

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The Board of Trustees recognizes that strict compliance with the law may sometimes hinder the district's ability to provide its students with an effective, well-rounded educational program. When it is in the interest of district students, the Board may request that the State Board of Education (SBE) waive any provision of state or federal law or regulation which it has authority to waive pursuant to Education Code 33050.

Any waiver request to be submitted to the SBE shall first be approved by the Board. The Superintendent or designee shall ensure that each proposed waiver request includes all information necessary for the Board to analyze the need for the waiver and make an informed decision.

Prior to presenting the proposed request for Board approval, the Superintendent or designee shall consult with and obtain the approval of any advisory committee or site council when required by law.

(cf. 0420 - School Plans/Site Councils)

(cf. 0420.1 - School-Based Program Coordination)

(cf. 1220 - Citizen Advisory Committees)

In addition, the Superintendent or designee shall involve the exclusive representative of district employees in the development of the waiver request, and shall include in the request the exclusive representative's position regarding the waiver. (Education Code 33050)

(cf. 4140/4240/4340 - Bargaining Units)

To receive public testimony on each waiver request proposal, the Board shall hold a properly noticed public hearing during a Board meeting. (Education Code 33050)

The notice, which shall state the time, date, location, and subject of the public hearing, may be printed in a newspaper of general circulation or posted at each school and three public places in the district.

(cf. 9320 - Meetings and Notices)

When the district has requested and received the same general waiver from the SBE for two consecutive years, the Board is not required to reapply annually if the information contained on the request remains current. However, the district shall apply annually for the renewal of any waiver regarding teacher credentialing. (Education Code 33051)

Legal Reference:

EDUCATION CODE

305-311 Structured English immersion program; parental exception waivers

5000-5033 Governing board elections

8750-8754 Grants for conservation education

10400-10407 Cooperative improvement programs

17047.5 Facilities used by special education students

17291 Portable school buildings

33050-33053 General waiver authority

37202 Equity length of time

41000-41360 School finance

41381 Minimum school day

41600-41854 Computation of allowances

41920-42842 Budget requirements; local taxation by school districts

44520-44534 New Careers Program

44666-44669 School-Based Management and Advanced Career Opportunities

44681-44689 Administrator Training and Evaluation

45108.7 Maximum number of senior management positions

48660-48666 Community day schools

48800 Attendance at community college

49550-49560 Meals for needy students

51224.5 Algebra instruction

51745.6 Charter school independent study ratio

51870-51874 Educational technology

52080-52090 Class size reduction grade 9

52122.6-52122.8 Class size reduction, impacted school sites

52160-52178 Bilingual-Bicultural Education Act of 1976

52180-52186 Bilingual teacher waiver

52200-52212 Gifted and Talented Pupils Program

52340-52346 Career Guidance Centers

52522 Plans for adult education

52850-52863 School-Based Program Coordination

54000-54028 Disadvantaged Youth Program

54100-54145 Miller-Unruh Basic Reading Program

54407 Waiver for compensatory education programs

56000-56867 Special education programs

58407 Waiver related to individualized instruction program

58900-58928 Restructuring demonstration programs

60119 Public hearing on sufficiency of instructional materials

60851 High school exit examination, waiver for student with disabilities

CODE OF REGULATIONS, TITLE 5

1032 Academic Performance Index

3100 Resource specialist caseload waivers

3945 Cooperative programs

9531 Instructional materials funding

11960 Charter school attendance

11963.4 Charter school percentage funding

13017 Waivers, compensatory education New Careers in Education Program

13044 Waivers, compensatory education Professional Development and Program Improvement Programs

UNITED STATES CODE, TITLE 20

1400-1482 Individuals with Disabilities Education Act

7115 Safe and Drug Free Schools, authorized activities

Management Resources:

WEB SITES

California Department of Education, Waiver Office: http://www.cde.ca.gov/re/lr/wr

Commission on Teacher Credentialing: http://www.ctc.ca.gov

Policy COLLEGE SCHOOL DISTRICT

adopted: December 10, 2013 Santa Ynez, California