Section 8209 Of Article 1. General Provisions From California Education Code >> Division 1. >> Title 1. >> Part 6. >> Chapter 2. >> Article 1.
8209
. (a) If a state of emergency is declared by the Governor, the
Superintendent of Public Instruction may waive any requirements of
this code or regulations adopted pursuant to this code relating to
child care and development programs operated pursuant to this chapter
only to the extent that enforcement of the regulations or
requirements would directly impede disaster relief and recovery
efforts or would disrupt the current level of service in child care
and development programs.
(b) If a state of emergency is declared by the Governor, the
Superintendent of Public Instruction may waive, any requirements of
this code or regulations adopted pursuant to this code relating to
child nutrition programs in child care and development programs
operated pursuant to this chapter only to the extent that enforcement
of the regulations or requirements would directly impede disaster
relief and recovery efforts or would disrupt the current level of
service in child care and development programs.
(c) A waiver granted pursuant to subdivision (a) or (b) shall not
exceed 45 calendar days.
(d) For purposes of this section, "state of emergency" includes
fire, flood, earthquake, or a period of civil unrest.
(e) If a request for a waiver pursuant to subdivision (a) or (b)
is for a child care and development program or child nutrition
program that receives federal funds and the waiver may be
inconsistent with the state plan or any federal law or regulations
governing the program, the Superintendent of Public Instruction shall
seek and obtain approval of the waiver from the appropriate federal
agency prior to granting the waiver.