Non Waivable Education Codes
Education codes that cannot be waived under the general waiver authority.The purpose of a waiver is to provide flexibility in a school district or county office of education without undermining the basic intent of the law. Under the State Board of Education’s general waiver authority, California Education Code (EC) sections 33050-33053, the governing boards of school districts and county offices of education, as well as charter schools, can request a waiver of most parts of the EC and Title 5 Regulations. Non-waivable sections are as designated in EC Section 33050(a)(1)-(23) listed in more detail, below. In addition other chapters, articles, and sections throughout the EC are also excluded from waiver by their own terms, when the bill was written.
Listed below is a compilation of EC which cannot be waived, for one of the above two reasons. The first column gives the exact EC citation which contains the exclusion, the second column is the inclusive areas of EC which cannot be waived, and the third column gives a brief explanation of the section that is excluded from waiver. For questions on this chart contact the California Department of Education Waiver Office at waiver@cde.ca.gov or 916-319-0824.
| Exclusion | Area of Ed Code | General Topic of the Area of Education Code (EC) |
|---|---|---|
| 33050(a)(1) | 2574-2579 | County Local Control Funding Formula |
33050(a)(2) |
15700-15754 |
State School Building Aid Law of 1949 |
33050(a)(2) |
15780-15795 |
School Housing Aid for Reorganized School Districts |
33050(a)(3) |
16000-16105 |
State School Building Aid Law of 1952 |
33050(a)(3) |
16150-16166 |
School Housing Aid for Reorganized School Districts |
33050(a)(3) |
16190-16207 |
School Housing Aid for Exceptional Children |
33050(a)(3) |
16210-16215 |
School Housing Aid for Compensatory Education Purposes |
33050(a)(3) |
16230-16236 |
School Housing Aid for School Districts Impacted by Seasonal Agricultural Employment |
33050(a)(3) |
16250-16253 |
School Housing Aid for a Regional Occupational Center |
33050(a)(3) |
16260-16272 |
Children’s Center Construction Law of 1968 |
33050(a)(3) |
16280-16284 |
Kern County Regional Occupational Center |
33050(a)(3) |
16300-16301 |
San Joaquin County Regional Occupational Center Housing Aid |
33050(a)(3) |
16310-16344 |
School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities |
33050(a)(4) |
17000-17066 |
State School Building Lease – Purchase Law of 1976 |
33050(a)(4) |
17070.10-17079.30 |
Leroy Greene School Facilities Act of 1998 (except EC 17070.80, see EC 17070.80(d)(5), is reserved for waiver by Superintendent of Public Instruction) |
33050(a)(4) |
17085-17096 |
Emergency School Classroom Law of 1979 |
33050(a)(8)(A) |
17210-17234 |
Acquisition of School Construction Sites |
33050(a)(8)(B) |
17251-17256 |
School Site Acquisitions – Department of Education Powers and Duties |
33050(a)(8)(B) |
17260-17268 |
School Site Acquisitions – Plans |
33050(a)(8)(B) |
17280-17317 |
School Site Acquisitions – Approvals (Field Act) |
33050(a)(8)(B) |
17320-17336 |
School Site Acquisitions – Earthquake Construction of Private Schools |
33050(a)(8)(B) |
17340-17343 |
Building Schoolhouses |
33050(a)(8)(B) |
17350-17360 |
Factory-Built School Buildings |
33050(a)(8)(B) |
17365-17374 |
Fitness for Occupancy of School Buildings (Field Act) |
33050(a)(8)(C) |
17416-17429 |
Various Provisions Regarding Leases and Lease-Purchases |
33050(a)(8)(C) |
17459 |
Duty to Offer Property for Sale as Surplus Land |
33050(a)(8)(C) |
17462 |
Deposit of Funds from Sale of Surplus Property |
33050(a)(8)(C) |
17464(a) |
Priorities and Procedures – Sale of Lease with Purchase Option of Property |
33050(a)(8)(C) |
17582-17590 |
Applications for Building Deferred Maintenance Funding |
33050(a)(5) |
22000-25115 |
State Teachers’ Retirement System |
| 33050(a)(5) | 25900-25955 | State Teachers’ Retirement System – Health Care Benefits Program |
| 33050(a)(5) | 26000-28101 | State Teachers’ Retirement System – Cash Benefits Program |
33050(a)(6) |
35735.1 |
Base Revenue Limit Per Unit of Average Daily Attendance (ADA) for Newly Organized School Districts |
33050(a)(7) |
37220(a)(8) |
Veteran’s Day Holiday – School Closure |
33050(a)(9)(A) |
41000-41360 |
School District Funding – Management, Minimum Funding, State School Fund |
33050(a)(9)(B) |
41420-41423 |
Disqualification of School Districts from State Apportionment |
| 33050(a)(9)(C) | 41544 | Targeted Instructional Improvement Block Grant – Basic Aid School District Transfer of Funds |
33050(a)(9)(D) |
41600-41863 |
State School Fund – Computation of ADA and Various Allowances |
33050(a)(9)(E) |
41920-42911 |
Instructional TV, Miscellaneous Allowances, Financial Statement of School Districts, Taxation, School District Funds, Expenditures and Appropriation, Revolving Funds, etc. Chapter 11 (Repealed) |
44225(m) |
44200-44418 |
Teacher Credentialing (Waiver authority transferred to the Commission of Teacher Credentialing on June 30, 1995, see EC 44225(m)) |
33050(a)(10) |
44504 and 44505 |
Peer Assistance and Review Program for Teachers – Implementation Date and Notification |
33050(a)(11) |
44930-44988 |
School District Employees – Resignations, Dismissals and Leaves of Absence (Specifies specifically that any Title 5, CCR regulations adopted pursuant to these statutes are prohibited from being waived) |
33050(a)(12) |
46000-46610 |
Attendance for Computing Apportionments to School Districts – Minimum Instructional Minutes and Days (Except EC 46300(b), work experience is waivable by its own terms) |
47602(a)(1) |
47602(a)(1) |
Maximum Number of Charter Schools |
47612.5(e)(4) |
47612.5(a)(1) |
Minimum Number of Instructional Minutes Required for Charter Schools |
| 33050(a)(13)(A) | 47632(i) | Sponsoring Local Educational Agency for Charter Schools |
| 33050(a)(13)(B) | 47635 | Charter School Block Grant In Lieu Property Taxes |
| 33050(a)(13)(C) | 47652 | Charter School Funding – Advance Apportionment |
| 33050(a)(13)(D) | 47660-47663 | Computations Affecting Sponsoring Local Educational Agencies |
| 33050(a)(14) | 48310 | Pupil Attendance Alternatives – District of Choice ADA |
| 33050(1)(15) | 48359.5 | Open Enrollment Act – Basic Aid District |
33050(a)(16) |
48900-49051 |
Suspension and Expulsions of Students, Corporal Punishment Prohibition, Various Student Rights, etc. |
33050(a)(16) |
49060-49085 |
Confidentiality of Pupil Records, Parents Rights |
33050(a)(17) |
51513 |
No Survey of Students with Questions on Family Practices, Sex, Religion Without Parental Notification |
51747.3(f) |
51747.3 |
Independent Study – Restrictions on Apportionment, Residency Requirement (Is non waivable by its own terms) |
33050(a)(18) |
52163 |
Bilingual Education Program – Definitions |
33050(a)(19) |
52164.1 |
Bilingual Education Program – Census |
33050(a)(19) |
52164.6 |
Bilingual Education Program – Reclassification |
33050(a)(20) |
52165 |
Bilingual Education Program – Instruction in Primary Language |
33050(a)(20) |
52166 |
Bilingual Education Program – Teacher Evaluation Procedures |
33050(a)(20) |
52178 |
Bilingual Education Program – Waiver Procedures |
33050(a)(21) |
56364.1 |
Instruction of Pupils with Low Incidence Disabilities (Except that, this restriction shall not prohibit the SBE from approving any waiver of EC 56364.2 as applicable relating to full inclusion) |
| 33050(a)(22) | 60600-60630 | California Assessment of Student Performance and Progress (CAASPP) – Requirements (Specifies any provision establishing requirements for the CAASPP) |
| 33050(a)(22) | 60640-60649 | California Assessment of Student Performance and Progress |