Specific Waiver Request
Data field definitions and required attachments for the online waiver application for specific waivers.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.
Specific waivers are granted under the authority given to the State Board of Education (SBE) in various specific California Education Code (EC) sections and are generally more limited in scope.
The specific authority most commonly used is EC Section 56101 for students with disabilities
.
In addition to school districts and county office governing boards, Special Education Local Plan Areas (SELPA's), and some charter schools may request this waiver for students with disabilities.
This type of waiver is expressly authorized as part of a specific statute. Check the EC sections immediately preceding or following the particular section you wish to waive for the specific authority EC Section. It usually does not require community involvement (public hearing) and may require consultation with a relevant union, council or committee. Examples of specific waiver authorities are found in the Schoolsite Councils EC Section 65001 and Instructional Time Penalty EC Section 46206.
EC sections 33050-33053 permit the SBE to waive most, but not all, EC sections or the California Code of Regulations Title 5 (5CCR). This is known as the general waiver authority; it is not program specific. In the absence of specific waiver authority for the subject you need, this is the appropriate course to take.
Charter School:
A charter school may directly submit only federal waivers of the Carl D. Perkins Act and a specific waiver of Instructional Time Penalties. A charter school that is a local educational agency (LEA) for special education purposes may submit a specific waiver under the special education waiver authority. Charter schools must have their chartering district submit all other waiver requests for the charter school.
Specific Waiver Request Data Elements
Required Attachments for Specific Waivers
Frequently Asked Questions
Other Resources
Specific Waiver Request Data Elements
Before you apply for an online waiver, you will need to have the following data elements as the request must be completed in one sitting. Information cannot be saved or return to finish at a later date.
Below is a list of required data fields and instructions by section. You will need this information before you begin the process of applying for an online waiver.
Specific Waiver Request Online Application Sections
- District Information
- Waiver Information
- Approvals/Review
- Bargaining Unit
- Attachments
- Contact Information
Section 1: District Information
Only school district governing boards, county boards of education and county offices of education are eligible to request specific waivers from the State Board of Education (SBE). For Special Education specific waivers only, a SELPA or charter school that is a LEA for special education purposes may also request the waiver. Nonpublic schools or agencies may not apply; a district or SELPA must sponsor them. A charter school may also request a specific waiver of Instructional Time Penalties.
The information in this section will be used to identify the LEA CD CODE (7 digit). This code number identifies the county and the district or county office of education (not the school) and is populated from the California School Directory.
| Data Field | Description |
|---|---|
County |
Select from drop down menu. |
District |
Select from drop down menu. |
Address |
Auto-populated based on County and District drop down selection. |
City |
Auto-populated based on County and District drop down selection. |
State |
Auto-populated based on County and District drop down selection. |
Zip Code |
Auto-populated based on County and District drop down selection. |
Fax |
Enter fax number of the LEA making the request. |
Section 2: Waiver Information
Information in this section will be used to determine the type of waiver requested, as well as provide the LEA the opportunity to describe the circumstances that brought the request and what a waiver will accomplish. Depending on the waiver type requested, additional data fields not shown below may be required.
| Data Field | Description |
|---|---|
Period of Request Start Date |
Indicate the month/day/year for the beginning time of the waiver that you are requesting. This is a period of time as requested by the LEA, consistent with the purpose of the waiver. Generally, this is established by the language of the authorizing law. Some waiver topics have SBE guidelines that restrict them to one year. |
Period of Request End Date |
Indicate the month/day/year for the ending time of the waiver that you are requesting. |
Renewal? |
Yes or No. For a Renewal Waiver only, the district also must certify. Complete this section of certification to three stipulations to which affirmative answers will allow the waiver to go as a renewal. |
Renewal Previous Waiver Number |
If applicable. |
Previous SBE Approval Date |
If this is a Renewal of a previously approved waiver, list the previous waiver number and date the SBE approved the original waiver. |
Waiver Topic |
Select from drop down menu. |
Education Code Title |
Select from drop down menu. |
Education Code section |
Write the EC section number(s) or (5 CCR) section number(s), which you want to waive (in part or in whole). |
Education Code Authority |
Write in the EC Section citation which allows the waiver of the specific EC Section you want to waive, and the SBE to grant a waiver of other specific parts of the EC. Such waivers require local board approval and may require consultation with a relevant union, council, or committee. If you are unsure if the issue is a specific waiver, check the EC sections immediately preceding or following the particular section you wish to waive for the specific authority or any reference to how to obtain waivers of the nearby section items. Special Education: Most special education waivers are specific waivers under the authority of EC 56101, when the waiver is beneficial to the content and implementation of the pupil’s individual educational program. For specific waivers for Resource Specialist Caseload Waiver Requests, the waiver authority is EC 56101 and CCR, Title 5, Section 3100, and the local bargaining unit must be consulted. |
Education Code or California Code of Regulations section to be waived. |
Type in the actual text of the pertinent section of the law (EC) or regulation (5 CCR) to waive. Use [brackets] to indicate what sections or portions of sections are to be waived. Link to samples of EC strike-out from commonly requested specific waivers |
Student Population |
The LEA has a student population of (provide number). |
Location Description |
Located in a (urban, rural, or small city) |
Desired Outcome/Rationale |
State as briefly as possible what this waiver will accomplish. Please do not restate the law. Describe the circumstances that brought the request and why the waiver is necessary to achieve improved student performance and/or streamline or facilitate local agency operations. Many waivers need additional materials and other data provided as attachments to support this section. If you are unsure of what extra materials to provide contact the Waiver Office, or the California Department of Education (CDE) Consultant who works on that particular type of waiver. |
What is the school name? |
For Resource Teacher Caseload, Child Specific Non Public School (NPS), State Meal Mandate waiver requests only. |
What is the name of the Resource Teacher? |
For Resource Teacher Caseload waiver requests only. |
What is the name of the state (abbreviation) in which the student will be attending school? |
For Child Specific NPS waiver requests only. |
What is the total number of students attending that out-of-state school? |
For Child Specific NPS waiver requests only. |
How many special education students? |
For Algebra 1 waiver requests only. |
Fiscal year? |
For Sufficiency of Instructional Materials waiver requests – EC 60119/County Level Approval. |
Section 3: Approvals/Review
Specific waivers require the local board to approve the waiver request before the SBE can consider it. Depending on the type of waiver, an advisory committee, schoolsite council, or other parent and common groups participation in the development of the waiver request may also be required.
| Data Field | Description |
|---|---|
Local Board Approval Date |
Cannot be a future date. State the date that the local school board approved this waiver request. |
Advisory Committee or School Site Councils |
This only applies to Schools Site Council waivers, no other specific waiver requires this information. Please identify the appropriate council(s) or advisory committee(s) that reviewed this waiver. |
Date the Committee/Council Reviewed the Waiver Request |
This only applies to Schools Site Council waivers, no other specific waiver requires this information. Cannot be a future date. |
Were there any objection(s)? |
This only applies to Schools Site Council waivers, no other specific waiver requires this information. Yes or No. |
If “yes,” please summarize the objections. |
This only applies to Schools Site Council waivers, no other specific waiver requires this information. Provide a brief summary of the objection. |
Section 4: Bargaining Unit
Although union support is not a required condition for SBE approval of specific waivers, some waivers do require union participation. If you are not sure please check the EC authority and section for what you are waiving, or contact the Waiver Office for clarification.
| Data Field | Description |
|---|---|
Does the district have any employee bargaining units? |
Yes or No. Bargaining unit participation is not necessary for EC 56101 waivers. NOTE: Specific waivers for Resource Specialist Caseload Waiver Requests, (the waiver authority is EC 56101 and CCR, Title 5, Section 3100) the local bargaining unit must be consulted. |
Bargaining Unit(s) Consulted on Date(s) |
Cannot be a future date. |
Name of Bargaining Unit |
Provide the name of the bargaining unit consulted. |
Representative First Name |
Enter the first name of the bargaining unit representative consulted. |
Representative Last Name |
Enter the last name of the bargaining unit representative consulted. |
Representative Title |
Enter the title of the bargaining unit representative consulted. |
Representative Contact Number |
Provide the representative’s phone number. Include an extension if applicable. NOTE: An email address can be provided in lieu of a phone number. |
The Position of the Bargaining Unit |
Select Neutral, Support, or Oppose. |
Opposing Comments |
If the bargaining unit opposes the waiver, please specify why. |
Section 5: Attachments
This section allows the LEA to submit any required or additional materials and other data provided as attachments to support the waiver request.
| Data Field | Description |
|---|---|
Apportionment Related Audit Penalty (per EC 41344) |
Yes or No. Is this a waiver associated with an apportionment related audit penalty per EC Section 41344? If yes, attach an explanation of the audit finding or a copy of the audit finding. Currently, due to statute, the SBE cannot waive these types of findings. |
Categorical Program Monitoring (CPM) |
Yes or No. Is this waiver associated with an item that is a noncompliance finding on the CPM/ Has there been a Federal Program Monitoring (FPM) finding on this issue? If yes, attach an explanation or a copy of the noncompliance finding. |
Upload Attachments |
Upload required attachments as listed in the Required Attachments section below, and any additional supporting documentation. Documents must be Word, Excel, or PDF. IMPORTANT NOTE: If a SELPA Administrator is not supportive of the waiver request, a statement of explanation is required. All statements will be considered in the Department's review and recommendation to the SBE. If no statement to the contrary is attached, it will be concluded that the SELPA is neutral or supportive. |
Section 6: Contact Information
Provide the contact name and recipient of the Approval or Denial notice. List the name of the person who is most knowledgeable about this waiver request, which may be the person completing the form. California Department of Education (CDE) staff frequently must call or e-mail for additional information and questions about the waiver contents.
| Data Field | Description |
|---|---|
Contact Information |
Input the title, name, position, email address, phone number, and extension, if applicable. This contact will receive the disposition letters, and may be contacted by CDE staff for additional information. |
District or County Certification |
The district or county office of education Superintendent or designee must certify to the accuracy of the information and date the request by checking the certification box. “I hereby certify that I have gone through my authorizing school district and or Special Education Local Plan Area (SELPA), that I am the superintendent or the superintendent's designee and that the information provided on this application is true and correct.” IMPORTANT NOTE: If a SELPA Administrator is not supportive of the waiver request, a statement of explanation is required. All statements will be considered in the Department's review and recommendation to the SBE. If no statement to the contrary is attached, it will be concluded that the SELPA is neutral or supportive. |
Required Attachments for Specific Waivers
Some waivers have attachments that must be added to the online waiver application.
- 60119 Audit Finding
- Algebra 1
- Instructional Time Penalty for Districts, County Offices of Education, and Charter Schools
- Resource Specialist
- Special Education NPS/NPA
- Summer School Meal
60119 Audit Finding
Following is a list of required attachments:
- Copy of audit finding.
- Response to audit finding.
- Copy of your board resolution for the audited year, if any.
- Copy of this year’s resolution and proof of public hearing with posted date and location to prove a "legally compliant hearing" has been held.
- Completed List of Instructional Material FAQ
- Local educational agencies must resolve their EC 60119 findings through their county offices of education.
Algebra I
To meet the requirements of the algebra 1 waiver, students must be on a regular high school diploma track and meet all the high school diploma course requirements stipulated by the governing board of the local educational agency, except for algebra I (or its equivalent).
All students may be included on the same waiver request when requesting a waiver of multiple students. List students to be included on the waiver without overtly identifying them (use an identifying number instead), and for each student, provide all of the information below:
- For each student included in the waiver request, attach a valid, current individualized education program (IEP). Highlight the areas of mathematics deficiencies and how the student's needs in mathematics were addressed.
- Copy of the transcript for each student.
- Highlight any current and previous attempts at algebra and pre-algebra classes on the transcript.
- Highlight which assessment the district has used at the high school level for the student: California Assessment of Student Performance and Progress (CAASPP).
Instructional Time Penalty for Districts, County Offices of Education, and Charter Schools
Following is a list of additional documentation to be attached with the waiver request:
- Copy of the audit finding and local educational agency response
- Bell schedules for the two years in which additional days and/or minutes will be offered, bell schedules should be submitted for each type of day offered (minimum days, days of partial instruction, finals days, etc.).
- School calendars for the two years in which additional days and/or minutes will be offered, calendars should indicate days of partial instruction, special schedules (minimum days, days of partial instruction, finals days, etc.)
- Calculation of instructional minute totals, daily and annually, including the state minimum by grade(s) and the 1982-83 requirements (if applicable) for the district/school for the two years of waiver make-up.
Explain:
- Why shortage occurred (what was not done or done by the school(s) to cause the shortage)
- Grade level(s) affected by the shortage
- Number of minutes or days short for affected grade level(s)
Resource Specialist
When requesting a specific waiver request for Resource Specialist Caseload the following should be included:
These documents are to be completed by the Resource Specialist (PDF) and Administrator (PDF) attached to the online waiver request.
Please provide bargaining unit information with this waiver request. Name of bargaining unit, date consulted, position on waiver: neutral, support, or oppose. If they oppose, please specify why.
Special Education Nonpublic, Nonsectarian School/Agency (NPS/NPA)
Additional documentation is required when submitting a Special Education NPS/NPA Child Specific waiver request. The following documents are required:
- NPS Supplemental Form (DOCX; Updated 16-Feb-2021)
- A copy of the student’s individualized education program, with signatures, in which the team determined placement at the uncertified private/NPS as the offer of a free appropriate public education
- If applicable, a copy of the due process hearing order
- A copy of the 15-day placement report completed by the LEA. (A copy of the report template is located on the CDE NPS/A Out-of-State Placement website.)
- Copies of the student’s assessment reports
- Information about how the District reviewed the uncertified private/NPS program, and interviews with the proposed placement staff. Typically, this would be a site visit.
- Board agenda item that placed the student at the NPS
If this is a renewal application, the same documents are required and must be updated to reflect updated dates. Additionally, the LEA must have met all of the conditions set with the original waiver application. This includes the following:
- At least two on-site visits to the NPS during the period of the approved waiver. These on-site visits may be virtual if the LEA has a policy in effect which prohibits travel to the school site due to COVID related travel restrictions.
- Monthly consultations and liaison reports with the NPS to monitor and review services and student’s progress.
- Monthly contact with the student and the educational rights holder to discuss progress and address any concerns.
- At a minimum of every four months, schedule IEP meetings to review program data, student progress, and determine any necessary changes in the student’s academic and/or therapeutic program.
The CDE requires all these documents be on file, in order to process a renewal application. A waiver submitted without the required documents cannot be processed by CDE and will not move forward to the State Board of Education until complete. State Board of Education meetings are bi-monthly.
Please contact the Special Education Division if you have any questions regarding submitting a NPS waiver or conditions documents at SEDINFO@cde.ca.gov.
Summer School Meal
Summer meal waivers must be received by the CDE Waiver Office no later than 60 days prior to the last regular meeting of the State Board of Education (SBE) and before the commencement of the summer school session for which the waiver is sought.
- Condition One Form (DOCX; Updated 24-Feb-2020)
- Supplemental Form (DOCX; Updated 24-Feb-2020)
- NSLP Condition 2 Form (DOCX; Updated 24-Feb-2020)
- NSLP Condition 2 Calculator (XLSX; Updated 24-Feb-2020)
- SBP Condition 2 Form (DOCX; Updated 24-Feb-2020)
- SBP Condition 2 Calculator (XLSX; Updated 24-Feb-2020)
Other Resources
Frequently Asked Questions
Answers to the questions most commonly asked related to the Waiver Request System for waivers to the State Board of Education.
Education Code Strike-Out Language
Samples of Education Code strike-out language for some Specific Waivers.
Waiver Policy
Waiver Policies approved by the State Board of Education.
Waiver Request System
Link to submit an online waiver.