Policy 1431 - Waivers

Waivers

District administrators, staff, advisory committees or councils may recommend areas in which the Board of Education may ask the State Board of Education to waive certain provisions of the Education Code, Title 5, or the federal law, when these provisions prevent the district from offering its students the best possible educational program.

The exclusive employee representative shall participate in the development of all general waiver requests that might affect the bargaining unit. A waiver request must include a statement as to whether the exclusive employee representative participated in the development of the waiver and the exclusive employee representative's position on the waiver. Waiver requests shall include a written summary of any objections to the request by the councils or advisory committees.

Any waiver request to be submitted to the State Board of Education shall first be approved by the Board. The superintendent or designee shall ensure that each proposed waiver request includes all information necessary for the Board to analyze the need for the waiver and make an informed decision.

Prior to presenting the proposed request for Board approval, the superintendent or designee shall consult with any advisory committees or councils that might be affected by a waiver request. If the waiver affects a program that requires the existence of a school site council, the school site council must approve the request.

The Board shall hold a properly noticed public hearing on all general waiver requests.

When the district has requested and received the same general waiver from the State Board of Education for two consecutive years, the Board is not required to reapply annually if the information contained on the request remains current. However, the district shall apply annually for the renewal of any waiver regarding teacher credentialing.