Section 56101 Of Article 1. State Board Of Education From California Education Code >> Division 4. >> Title 2. >> Part 30. >> Chapter 2. >> Article 1.
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. (a) A public agency, as defined in Section 56028.5, may
request the board to grant a waiver of any provision of this code or
regulations adopted pursuant to that provision if the waiver is
necessary or beneficial to the content and implementation of the
pupil's individualized education program and does not abrogate any
right provided individuals with exceptional needs and their parents
or guardians under the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.), or affect the compliance
of a local educational agency with the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504
of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), and
federal regulations relating thereto.
(b) The board may grant, in whole or in part, any request pursuant
to subdivision (a) when the facts indicate that failure to do so
would hinder implementation of the pupil's individualized education
program or compliance by a local educational agency with federal
mandates for a free appropriate public education for children or
youth with disabilities.