Section 33051 Of Article 3. Waiver Authority From California Education Code >> Division 2. >> Title 2. >> Part 20. >> Chapter 1. >> Article 3.
33051
. (a) The state board shall approve any and all requests for
waivers except in those cases where the board specifically finds any
of the following:
(1) The educational needs of the pupils are not adequately
addressed.
(2) The waiver affects a program that requires the existence of a
schoolsite council and the schoolsite council did not approve the
request.
(3) The appropriate councils or advisory committees, including
bilingual advisory committees, did not have an adequate opportunity
to review the request and the request did not include a written
summary of any objections to the request by the councils or advisory
committees.
(4) Pupil 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, as provided
in Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code, was not a participant in the
development of the waiver.
(b) The governing board of a school district that has requested
and received a general waiver under this article for two consecutive
years for the same general waiver is not required to reapply annually
if the information contained on the request remains current. The
state board may require updated information for the request whenever
it determines that information to be necessary. This section does not
prevent the state board from rescinding a waiver if additional
information supporting a rescission is made available to the board.
This waiver process shall not apply to waivers pertaining to teacher
credentialing, which shall be submitted to the state board annually.