California Department of Education “Waivers”

• Waiver Process for the California State Board of Education • • 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. The governing board of a school district or county office of education may request a waiver of parts of the California Education Code and regulations. The State Board of Education (SBE) may approve such waivers under the non waivable general waiver authority, sections 33050-33053. Some statutes are excluded from the general waiver authority. • Specific waivers are granted under the authority given to the SBE in various specific Education Code sections and are generally more limited in scope. The specific authority most commonly used is Education Code Section 56101 for students with disabilities. In addition to school districts and county office governing boards, Special Education Local Plan Areas (SELPA's) may request this waiver for students with disabilities.