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.

Document details

CollectionCalifornia Statutes
CitationCal. EDC § 33050
Date2023-07-10
Typestatute
Languageen
SourceCA_STAT
IdentifierEDC33050.20234817

Waiver Authority

Cal. EDC § 33050

California Statutes

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.

Document details

CollectionCalifornia Statutes
CitationCal. EDC § 33050
Date2023-07-10
Typestatute
Languageen
SourceCA_STAT
IdentifierEDC33050.20234817