Download this file - Plan4Preschool
Download this file - Plan4Preschool
Download this file - Plan4Preschool
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
State Board of Education Waivers <br />
A waiver is a grant of authority by the State Board of Education (SBE) to a governing<br />
board of a district, county office of education (COE), or special education local plan area<br />
(SELPA) to provide an alternative to a legal mandate or prohibition.<br />
General Waiver (Authority granted to the SBE by California Education Code [EC]<br />
sections 33050–33054)<br />
The SBE may waive almost all EC and California Code of Regulations (Title 5)<br />
provisions, with the exceptions listed in EC Section 33050(a)(1 to 20). Exceptions<br />
include many of the attendance accounting and revenue limit sections, class-size<br />
reduction programs (kindergarten through grade three), and all Standardized Testing<br />
and Reporting testing provisions. Any new law or regulation may be waived under <strong>this</strong><br />
provision unless the bill adds that particular statute to the list of exceptions or contains<br />
specific language that the new statute “may not be waived by the SBE.” The local<br />
process for general waivers requires a properly noticed, local public hearing;<br />
participation of the local bargaining unit; and participation by any school site council or<br />
other advisory body appropriate to the topic.<br />
Any and all general waivers must be approved, except when the Board finds one or<br />
more of the following seven reasons to deny:<br />
• The students’ educational needs are not adequately addressed.<br />
• The waiver affects a program that requires the existence of a school site council,<br />
and the school site council did not approve the request.<br />
• The appropriate councils or advisory committees, including bilingual advisory<br />
committees, did not have an adequate opportunity to review the request, and the<br />
request did not include a written summary of any of these groups’ objections to<br />
the request.<br />
• Pupil or school personnel protections are jeopardized.<br />
• Guarantees of parental involvement are jeopardized.<br />
• The request would substantially increase state costs.<br />
• The exclusive representative of employees, if any, was not a participant in the<br />
waiver’s development.<br />
If a general waiver is approved for two consecutive years for the same waiver (or for an<br />
initial period of two years), the district or COE is given a “permanent” waiver, and it does<br />
not need to reapply annually “if information contained on the request remains current”<br />
(EC Section 33051[c]). However, the SBE may require updated information or rescind<br />
these waivers at any time. General waivers (if properly complete and documented) that<br />
the SBE has not acted on within two regular meetings are automatically approved “by<br />
default” for a period of one year, commencing on the first day of the following month<br />
(EC Section 33052).<br />
35