(a) The state board shall approve any and all requests for waivers except in those cases where the board specifically finds any of the following:
(1) The educational needs of the pupils are not adequately addressed.
(2) The waiver affects a program that requires the existence of a schoolsite council and the schoolsite council did not approve the request.
(3) The appropriate councils or advisory committees, including bilingual advisory committees, did not have an adequate opportunity to review the request and the request did not include a written summary of any objections to the request by the councils or advisory committees.
(4) Pupil or school personnel protections are jeopardized.
(5) Guarantees of parental involvement are jeopardized.
(6) The request would substantially increase state costs.
(7) The exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, was not a participant in the development of the waiver.
(b) The governing board of a school district that has requested and received a general waiver under this article for two consecutive years for the same general waiver is not required to reapply annually if the information contained on the request remains current. The state board may require updated information for the request whenever it determines that information to be necessary. This section does not prevent the state board from rescinding a waiver if additional information supporting a rescission is made available to the board. This waiver process shall not apply to waivers pertaining to teacher credentialing, which shall be submitted to the state board annually.
(Amended by Stats. 2008, Ch. 179, Sec. 42.)
Government Code 3540