Info-exe-wav-feb06item01

Attachment 1

Page 1 of 6

CURRENT WAIVER POLICIES

Assessment and Accountability

School and District Accountability

District Participation in Cooperatives (Attachment 2)

CCR, Title 5, Section 3945

Policy number not assigned

Adopted April 1990

Federal Waiver – Supplemental Educational Services Under NCLB (Attachment 3)

CCR, Title 5, Part A Section 1116(e)

Policy #02-02

Adopted September 2002

Reason to Consider Repeal: This was a policy created to implement a federal waiver authority granted to the SBE in the No Child Left Behind Act of 2001. A large number of waiver requests were expected, but to date they have been few and far between.

Public Schools Accountability Act: Impact of the Scores of English Language Learners (Attachment 4)

Education Code Section 52050
Policy # 01-08
Adopted December 2001

Curriculum and Instruction

Curriculum Frameworks & Instructional Resources

Instructional Materials Sufficiency Waiver of Retroactive Audit Penalty

(Attachment 5)

Education Code Section 60119

Policy #01-06

Adopted November 2001

Reason to Consider Repeal: EC 60119 was modified with the implementation of Assembly Bill 831, Chapter 118, Statutes of 2005. The SBE may wish to consider reviewing future waiver requests on an individual basis.

Curriculum Frameworks & Instructional Resources (continued)

Instructional Materials Fund Expenditures (K-8) (Attachment 6)

Education Code Section 60242(c)
Policy # 98-02
Adopted June 1989; Amended July 1998; June 2000;
Replaced by Policy # 00-03 September 2002

Reason to Consider Repeal: The statutory language to be waived still exists, but the fund source was replaced by the Instructional Materials Funding Realignment Program fund. Waivers have not been requested since carryover funds were depleted.

Learning Support and Partnerships

Federal Waiver – Safe and Drug Free School Innovative Programs Under NCLB (Attachment 7)

CCR, Title 5, Part A, Section 4115(a)(1)(c)

Policy #03-01

Adopted July 2003; Amended May 2004

Professional Development and Curriculum Support

Physical Education Requirements (Block Schedules) (Attachment 8)

Education Code Section 51210 (elementary) & Section 51222 (secondary)

Policy #99-03

Adopted July 1984; Amended February 1990; June 1999

School Site Council Requirements for Schools Serving a Common Attendance Area (Attachment 9)

Education Code Section 52852

Policy number not assigned

Adopted date unknown

Equalization of School Improvement Funding in Secondary Schools

(Attachment 10)

Education Code Section 52046(b)(2) and (3)

Policy number not assigned

Adopted April 1990

Reason to Consider Repeal: Statute was repealed January 1, 2006.

Professional Development and Curriculum Support (continued)

Minimum Funding of K-6 School Improvement (SI) Programs Schools

(Attachment 11)

Education Code Section 52048(c)

Policy number not assigned

Adopted June 1992

Reason to Consider Repeal: Statute was repealed January 1, 2006.

Fund the Local Share of Miller-Unruh Reading Specialists with School Improvement Funding (Attachment 12)

Education Code Section 52859(b)

Policy number not assigned

Adopted January 1996

Reason to Consider Repeal: The statutory language to be waived still exists, but the funding has been eliminated.

Algebra l Graduation Requirement: Waiver for Seniors in the 2003-04 Graduating Class (Attachment 13)

Education Code Section 51224.5(b)

Policy #04-01

Adopted March 2004

Reason to Consider Repeal: This was a policy created to facilitate 4,411 waivers in 2004. The statute still exists and continues to be waived for special education students using the specific authority of EC 56101, however those waivers are considered individually on the waiver action calendar.

School Improvement

Immediate Intervention/Underperforming Schools Program (II/USP): Higher-performing II/USP schools that do not make “significant growth” and are Subject to state intervention (Attachment 14)

Education Code Section 52055.5(b) and (h)

Policy # 04-02

Adopted May 2004

Secondary, Postsecondary, and Adult Leadership

Adult Education Innovation and Alternative Instruction Delivery Program: Percentage of Block Entitlement (Attachment 15)

Education Code Section 52522

Policy # 02-01

Adopted March 2002

Secondary, Postsecondary, and Adult Leadership (continued)

Carl D. Perkins Vocational and Technical Education Act of 1998; Consortium Requirement for Minimum Allocation (Attachment 16)

Public Law 105-322 Section 131(d)(1)

Policy #01-01

Adopted February 2001

Regional Occupational Centers and Programs: Percentage of Students Under the Age of 16 (Attachment 17)

Education Code Section 52314.6

Policy #00-06

Adopted June 2000

Work Experience Education (Attachment 18)

Policy number not assigned

Education Code Section 46300(b)

Adopted May 1987; Amended February 1990

Independent Study: Average Daily Attendance (ADA)-to-Teacher Ratio (Attachment 19)

Education Code Section 51745.6

Policy #01-03

Adopted April 2001

Single District ROC/P Waiver Criteria (Attachment 20)

Education Code Section 52301(c)

Policy number not assigned

Adopted May 1988; Amended November 1989;

February 1990; April 1993

Special Education

California High School Exit Examination: Waiver of Test Passage for Specific Special Education Students (use of modifications to take test)

(Attachment 21)

Education Code Section 60850 et seq. and CCR, Title 5 Section 1215 et seq.

Policy #01-07

Adopted December 2001

Reason to Consider Repeal: Statute has been changed to a local waiver process.

Special Education (continued)

Nonpublic School/Agency Certification (Annual renewal application deadline)

Education Code Section 56366.1(h) (renumbered to Section 56366.1(g))

(Attachment 22)

Policy # 00-03

Adopted May 2000

Nonpublic School/Agency (Hiring of former LEA employees within 365 days)

Education Code Section 56366.3(a) (Attachment 23)

Policy #00-01

Adopted May 2000

Executive Office

Waiver Office

Apportionment Significant Audit Exceptions (retroactive waivers)

(Attachment 24)

Education Code Section 41344

Policy # 99-05

Adopted September 1999

School and District Operations

Charter Schools

Charter School Average Daily Attendance: Alternative Calculating Method

(Attachment 25)

CCR, Title 5, Section 11960

Policy #00-05

Adopted July 2000

Nutrition Services

State Meal Mandate for Saturday School Sessions (Attachment 26)

Education Code Section 49550

Policy number not assigned

Adopted December 1992

School Facilities Planning

Sale and Lease of Real Property (Attachment 27)

Education Code Section 39290 through 39545 except 39313-39325, 39360.5, and 39363.5(a)

Policy number not assigned

Adopted July 1984; Amended July 1990; July 1993

Reason to Consider Repeal: Waiver requests related to this issue goes through a detailed analysis and is reviewed by the CDE Legal Office. Only five waiver requests have been processed since 2003 and the SBE may wish to consider reviewing future waiver requests on an individual basis.