Waiver Authority
Cal. EDC § 33050
California Statutes
(
a) The governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, may request the state board to waive all or part of any
section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, except:
(1) Chapter 12.5 (commencing with
Section 2574) of Part of Division of Title 1.
(2) Article 1 (commencing with
Section 15700) and
Article 2 (commencing with
Section 15780) of
Chapter of Part of Division of Title 1.
(3) Chapter 6 (commencing with
Section 16000) of Part of Division of Title 1.
(4) Chapter 12 (commencing with
Section 17000),
Chapter 12.5 (commencing with
Section 17070.10), and
Chapter 14 (commencing with
Section 17085) of Part of Division of Title 1.
(5) Part 13 (commencing with
Section 22000),
Part 13.5 (commencing with
Section 25900), and
Part 14 (commencing with
Section 26000) of Division of Title 1.
(6) Section 35735.1. (7) Paragraph (8) of subdivision (
a) of
Section 37220.
(8) The following provisions of
Part 10.5 (commencing with
Section 17210) of Division of Title 1: (
A) Chapter 1 (commencing with
Section 17210). (
B) Article 1 (commencing with
Section 17251) to
Article 6 (commencing with
Section 17365), inclusive, of
Chapter 3. (
C) Sections to 17429, inclusive; Sections and 17462; subdivision (
a) of
Section 17464; and Sections to 17590, inclusive.
(9) The following provisions of
Part 24 (commencing with
Section 41000) of Division 3: (
A) Sections to 41360, inclusive. (
B) Sections to 41423, inclusive. (
C) Section 41544. (
D) Sections to 41863, inclusive. (
E) Sections to 42850, inclusive.
(10) Sections and 44505.
(11) Article 3 (commencing with
Section 44930) of
Chapter of Part of Division and regulations in Title of the California Code of Regulations adopted pursuant to
Article 3 (commencing with
Section 44930) of
Chapter of Part of Division 3.
(12) Part 26 (commencing with
Section 46000) of Division 4.
(13) The following provisions of
Part 26.8 (commencing with
Section 47600) of Division 4: (
A) Subdivision (
i) of
Section 47632. (
B) Section 47635. (
C) Section 47652. (
D) Article 6 (commencing with
Section 47660) of
Chapter 6.
(14) Article 1 (commencing with
Section 48000) of
Chapter of Part of Division 4.
(15) Section 48310.
(16) Section 48359.5.
(17) Chapter 6 (commencing with
Section 48900) and
Chapter 6.5 (commencing with
Section 49060) of Part of Division 4.
(18) Section 51513.
(19) Section 52163.
(20) The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6.
(21) Sections 52165, 52166, and 52178.
(22) Section 56364.1, except that this restriction shall not prohibit the state board from approving any waiver of
Section 56364.2, relating to full inclusion.
(23) Article 4 (commencing with
Section 60640) of
Chapter of Part of Division 4, relating to the California Assessment of Student Performance and Progress (CAASPP), and any other provisions of
Chapter 5 (commencing with
Section 60600) of Part of Division that establish requirements for the CAASPP.
(24) Part 38 (commencing with
Section 65000) of Division 4. (
b) A request for a waiver submitted by the governing board of a school district or a county board of education pursuant to subdivision (
a) shall include a written statement as to both of the following:
(1) Whether the exclusive representative of employees, if any, as provided in
Chapter 10.7 (commencing with
Section 3540) of Division of Title of the Government Code, participated in the development of the waiver.
(2) The exclusive representative’s position regarding the waiver. (
c) A request for a waiver submitted pursuant to subdivision (
a) relating to a regional occupational center or program established pursuant to
Article 1 (commencing with
Section 52300) of
Chapter of Part of Division 4, which is operated by a joint powers entity established pursuant to
Chapter 5 (commencing with
Section 6500) of Division of Title of the Government Code, shall be submitted as a joint waiver request for each participating school district and shall meet both of the following conditions:
(1) Each joint waiver request shall comply with all of the requirements of this article.
(2) The submission of a joint waiver request shall be approved by a unanimous vote of the governing board of the joint powers agency.