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Newport-Mesa USD |  BP  1431  Community Relations


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The Governing Board may request that the State Board of Education waive certain provisions of the Education Code, Title 5 regulations, or the federal law when such provisions prevent the district from offering its students the best possible educational program. The Superintendent or designee, advisory committees, or site councils shall identify the need for the Board to submit waiver requests and shall provide the Board with the necessary information to analyze the need for the waiver.

The Board shall hold a properly noticed public hearing on all waiver requests. (Education Code 33050)

(cf. 9320 - Meetings and Notices)

The Board shall include the exclusive employee representative in the development of the waiver.

(cf. 4140/4240 - Bargaining Units)

If the waiver affects a program that requires the existence of a school site council, the school site council shall first approve the request.

(cf. 0420 - School Plans/Site Councils)

(cf. 0420.1 - School-Based Program Coordination)

(cf. 1220 - Citizen Advisory Committees)

For general waivers, the request to the State Board of Education shall include a statement as to whether the exclusive employee representative participated in the development of the waiver and the exclusive employee representative's position on the waiver. General waiver requests shall include a written summary of any objections to the request by the councils or advisory committees. (Education Code 33050)

Legal Reference:


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 program for careers

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

52053-52055.55 Immediate Intervention for Underperforming Schools Program

52055.600-52055.662 High Priority Schools Grant Program

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 Coordinated Program

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

60422 Instructional materials funding realignment program


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

13044 Waivers


1400-1482 Individuals with Disabilities Education Act

7115 Safe and Drug Free Schools, authorized activities

Management Resources:


California Department of Education, Waiver Office:

Commission on Teacher Credentialing:


adopted: September 8, 2009 Costa Mesa, California