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Education Code Waiver Provisions

Specific Waivers

1. Waiver of any part of the Education Code for any Compensatory Education Program to establish and operate a program for low-income children. (Education Code 58603).

2. Waiver of the minimum school day to establish experimental programs in reading and mathematics. (Education Code 41381)

3. Waiver of any section of the Education Code or California Code of Regulations, Title 5 if necessary or beneficial to the content and implementation of a student's individualized education program so long as the student or parent/guardian's rights are not abrogated. (Education Code 56101)

4. Waiver of the Education Code (with specific exceptions) and certain sections of the California Code of Regulations, Title 5, if necessary or beneficial for successful implementation of a school development plan. (Education Code 44670.7)

5. Waivers of any section of the Education Code if necessary to establish and operate a program of compensatory education for low-income children. (Education Code 54407)

6. Exemptions from any and all sections of the Education Code for a "program improvement school" when the director of the school believes that such provisions hinder the implementation and maintenance of the proposed program. (Education Code 54637)

7. Waivers of any section of the Education Code as may be necessary for the development of a dropout prevention program. (Education Code 54665)

8. Waiver of requirements for provisions of services by nonpublic, nonsectarian school under Education Code 56365 and 56366. (Education Code 56366.1)

9. Waiver of requirements for funding for Instructional Personnel Services Units for districts, special education local plan areas, or county offices. (Education Code 56761)

10. Waiver of any Education Code section (with exceptions) on behalf of school in Demonstration School Programs. (Education Code 58024)

11. Waiver of any section of the Education Code (with exceptions) if necessary for assuring success of an Individualized Instruction Program. (Education Code 58407)

12. Waiver of any section(s) of the Education Code relating to the administrative functions or educational programs identified in Education Code 10400 if such waiver is necessary to establish and operate a Cooperative Improvement Program. (Education Code 10407)

13. Waiver of any provision of the Administrator Training and Evaluation Program. (Education Code 44685)

14. Waiver of Education Code 45108.5 for the purposes of expanding the number and type of senior management (classified) positions. (Education Code 45108.7)

15. Waiver of the requirement to increase the number of youth in the regional occupational centers and programs. (Education Code 52333)

16. Waiver of the requirement that school match funds for nonsalary costs of vocational-agricultural programs. (Education Code 52461.5)

17. Waiver of conditions regarding classes and courses offered to substantially handicapped adults in relation to adult block entitlements. (Education Code 52616)

18. Waiver for any section of Article 7 of Chapter 9, Part 29 of the Education Code commencing with 54720 for the purpose of implementing a School-Based Pupil Motivation and Maintenance Program. (Education Code 54727)

19. Waiver of any requirements of Education Code 52850-52863 for school participating in a School-Based Coordinated Program. (Education Code 52863)

20. Waivers of the student-teacher ratio for work experience programs. (Education Code 46300)

21. Waiver of Education Code 17747.5 requiring districts to design and locate school facilities in a manner which maximizes interaction between individuals with exceptional needs and other students. (Education Code 17747.5(d))

22. Waiver of any part, article or section of the Education Code or any regulation implementing the Education Code when necessary to carry out a proposed pilot project pursuant to the School-Based Management and Advanced Career Opportunities for Classroom Teachers Programs. The exclusive representative of certificated employees must concur with the request. (Education Code 44669)

23. Waiver of penalties for failing to maintain the minimum length of time for the instructional school day and year as prescribed in Education Code 46200-46202, for reasons determined sufficient by the State Board of Education.

24. Waiver one time only for Education Code 39140-39156 and Education Code 39210-39234, with regard to relocatable buildings owned before April 17, 1990. (Education Code 39141.10)

Waivers Under the School-Based Program Coordination Act

Listed below are categorical programs for which waivers can be obtained as part of a school plan submitted by a school site council formed pursuant to Education Code 52852. The Board may request the State Board of Education for such waivers pursuant to Education Code 52863, provided the school and district meet School-Based Program Coordination Act criteria.

Categorical Programs Education Code

1. Grants for Conservation Education 8750-8754

2. New Careers Program 44520-44534

3. Local Staff Development Programs 44670-44671.5

4. Educational Technology Local Assistance Program 51870-51879.5

5. School Improvement Program 52000-52049

6. Gifted and Talented Students Program 52200-52213

7. Career Guidance Centers 52340-52347

8. Educationally Disadvantaged Youth Program 54000-54061

9. Miller-Unruh Basic Reading Program 54100-54145

10. Special Education Programs 56000-56885

11. California Cadet Corps (Military and

Veterans Code) 500-520.1

The waiver of an advisory committee required by law may be granted only pursuant to Education Code 52870, which applies only to school participating in school-based program coordination.

General Waivers

The following sections are nonwaivable under the General Waiver Authority:

1. 15700-15754 State School Building Aid Law of 1949

15780-15795 Aid For Reorganized Districts

16000-16105 State School Building Aid Law of 1952

16150-16166 Aid for reorganized districts

16190-16207 Aid for exceptional children

16210-16215 Aid for compensatory education

16230-16235 Seasonal impaction aid

16250-16253 Aid for ROC/ROP

16260-16272 Children's Center Construction Law of 1968

16280-16284 Kern County ROC

16300-16301 San Joaquin County ROC

16310-16344 Aid for structurally inadequate facilities

16400-16414 State School Building Aid Bond Law of 1952

17700-17708 State School Building Lease - Purchase Law of 1976

17717-17739 Projects

17740-17751 Allowances

17785-17795 Emergency School Classroom Law of 1979

22000-24944 State Teacher Retirement System

39000-39018 School Sites

39030-39032 Disposal of sites

39100-39234 School Building Plans, Approvals etc., but see Education Code 17291 re specific waiver, one time only, for 39140-39156 and 39210-39234

39313-39325 Leasing Property

36360.5 Duty to offer for sale as surplus land

39363 Use of Funds from Sale or Lease with Purchase Option

39363.5(a) Priorities for sale/lease of surplus property

39618-39621 Property Maintenance

41000-41360 State financial management and control, property valuations, state school funds, loans and advances

41420-41423 Apportionments

41600-41866 Computation of allowances

41920-42911 Instructional TV, miscellaneous allowances, financial statements of school districts, taxation, school district funds, reimbursements

44930-44988 Employment-certificated resignations, dismissals, and leaves of absence

46000-46611 Attendance for computing apportionments (Note: 46300(b), WEE ratio, is waivable)

48900-49040 Pupil rights and responsibilities

49060-49078 Pupil records

52850-52863 School plans, but see Education Code 52863 re specific waiver

2. Identification and assessment criteria related to any categorical aid program.

3. Regulations in Title 5 of the California Code of Regulations adopted pursuant to Education Code 44930-44988.

Under Education Code 33051, the State Board of Education must approve all requests for waivers unless it specifically finds any of the following:

1. The educational needs of the students are not adequately addressed.

2. The waiver affects a program which requires the existence of a school site council and the school site council did not approve the request.

3. The appropriate councils or advisory committees, including bilingual advisory committees, did not have adequate opportunity to review the request and the request did not include a written summary of any objections by the councils or advisory committees.

4. Student 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, was not a participant in the development of the waiver.

General waivers are granted only by formal action of the State Board for no more than two years. Waivers of requirements pertaining to the sale of surplus recreational property (Education Code 39390-39404) may be granted, for up to three years, only under conditions specified in Education Code 33051.


Petaluma, California