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Section 33050 Of Article 3. Waiver Authority From California Education Code >> Division 2. >> Title 2. >> Part 20. >> Chapter 1. >> Article 3.
33050
. (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 of Education to
waive all or part of any section of this code or any regulation
adopted by the State Board of Education that implements a provision
of this code that may be waived, except:
(1) Article 1 (commencing with Section 15700) and Article 2 (commencing with Section 15780) of Chapter 4 of Part 10.
(2) Chapter 6 (commencing with Section 16000) of Part 10.
(3) Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), and Chapter 14 (commencing with Section 17085) of Part 10.
(4) Part 13 (commencing with Section 22000), Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000).
(5) Section 35735.1.
(6) Paragraph (8) of subdivision (a) of Section 37220.
(7) The following provisions of Part 10.5 (commencing with Section 17211):
(A) Chapter 1 (commencing with Section 17211).
(B) Article 1 (commencing with Section 17251) to Article 6 (commencing with Section 17365), inclusive, of Chapter 3.
(C) Sections 17416 to 17429, inclusive; Sections 17459 and 17462 and subdivision (a) of Section 17464; and Sections 17582 to 17592, inclusive.
(8) The following provisions of Part 24 (commencing with Section 41000):
(A) Sections 41000 to 41360, inclusive.
(B) Sections 41420 to 41423, inclusive.
(C) Sections 41600 to 41866, inclusive.
(D) Sections 41920 to 42911, inclusive.
(9) Sections 44504 and 44505.
(10) Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 and regulations in Title 5 of the California Code of Regulations adopted pursuant to Article 3 (commencing with Section 44930) of Chapter 4 of Part 25.
(11) Part 26 (commencing with Section 46000).
(12) Chapter 6 (commencing with Section 48900) and Chapter 6.5 (commencing with Section 49060) of Part 27.
(13) Section 51513.
(14) Chapter 6.10 (commencing with Section 52120) of Part 28, relating to class size reduction.
(15) Section 52163.
(16) The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6.
(17) Sections 52165, 52166, and 52178.
(18) Article 3 (commencing with Section 52850) of Chapter 12 of Part 28.
(19) Section 56364.1, except that this restriction shall not prohibit the State Board of Education from approving any waiver of Section 56364 or 56364.2, as applicable, relating to full inclusion.
(20) Article 4 (commencing with Section 60640) of Chapter 5 of Part 33, relating to the STAR Program, and any other provisions of Chapter 5 (commencing with Section 60600) of Part 33 that establish requirements for the STAR Program.
(b) Any waiver of provisions related to the programs identified in Section 52851 shall be granted only pursuant to Article 3 (commencing with Section 52850) of Chapter 12 of Part 28.
(c) The waiver of an advisory committee required by law shall be granted only pursuant to Article 4 (commencing with Section 52870) of Chapter 12 of Part 28.
(d) Any 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 4 of Title 1 of the Government Code, participated in the development of the waiver.
(2) The exclusive representative's position regarding the waiver.
(e) Any 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 9 of Part 28, that is operated by a joint powers entity established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 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.
(f) The governing board of any school district requesting a waiver under this section of any provision of Article 5 (commencing with Section 39390) of Chapter 3 of Part 23 shall provide written notice of any public hearing it conducted pursuant to subdivision (a), at least 30 days prior to the hearing, to each public agency identified under Section 39394.
(1) Article 1 (commencing with Section 15700) and Article 2 (commencing with Section 15780) of Chapter 4 of Part 10.
(2) Chapter 6 (commencing with Section 16000) of Part 10.
(3) Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), and Chapter 14 (commencing with Section 17085) of Part 10.
(4) Part 13 (commencing with Section 22000), Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000).
(5) Section 35735.1.
(6) Paragraph (8) of subdivision (a) of Section 37220.
(7) The following provisions of Part 10.5 (commencing with Section 17211):
(A) Chapter 1 (commencing with Section 17211).
(B) Article 1 (commencing with Section 17251) to Article 6 (commencing with Section 17365), inclusive, of Chapter 3.
(C) Sections 17416 to 17429, inclusive; Sections 17459 and 17462 and subdivision (a) of Section 17464; and Sections 17582 to 17592, inclusive.
(8) The following provisions of Part 24 (commencing with Section 41000):
(A) Sections 41000 to 41360, inclusive.
(B) Sections 41420 to 41423, inclusive.
(C) Sections 41600 to 41866, inclusive.
(D) Sections 41920 to 42911, inclusive.
(9) Sections 44504 and 44505.
(10) Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 and regulations in Title 5 of the California Code of Regulations adopted pursuant to Article 3 (commencing with Section 44930) of Chapter 4 of Part 25.
(11) Part 26 (commencing with Section 46000).
(12) Chapter 6 (commencing with Section 48900) and Chapter 6.5 (commencing with Section 49060) of Part 27.
(13) Section 51513.
(14) Chapter 6.10 (commencing with Section 52120) of Part 28, relating to class size reduction.
(15) Section 52163.
(16) The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6.
(17) Sections 52165, 52166, and 52178.
(18) Article 3 (commencing with Section 52850) of Chapter 12 of Part 28.
(19) Section 56364.1, except that this restriction shall not prohibit the State Board of Education from approving any waiver of Section 56364 or 56364.2, as applicable, relating to full inclusion.
(20) Article 4 (commencing with Section 60640) of Chapter 5 of Part 33, relating to the STAR Program, and any other provisions of Chapter 5 (commencing with Section 60600) of Part 33 that establish requirements for the STAR Program.
(b) Any waiver of provisions related to the programs identified in Section 52851 shall be granted only pursuant to Article 3 (commencing with Section 52850) of Chapter 12 of Part 28.
(c) The waiver of an advisory committee required by law shall be granted only pursuant to Article 4 (commencing with Section 52870) of Chapter 12 of Part 28.
(d) Any 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 4 of Title 1 of the Government Code, participated in the development of the waiver.
(2) The exclusive representative's position regarding the waiver.
(e) Any 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 9 of Part 28, that is operated by a joint powers entity established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 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.
(f) The governing board of any school district requesting a waiver under this section of any provision of Article 5 (commencing with Section 39390) of Chapter 3 of Part 23 shall provide written notice of any public hearing it conducted pursuant to subdivision (a), at least 30 days prior to the hearing, to each public agency identified under Section 39394.
