§ 33050. — 33050. (Amended by Stats. 2023, Ch. 48, Sec. 17.)

California § 33050.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 2.
• Title 2.: DIVISION 2. STATE ADMINISTRATION
• Part 20.: PART 20. STATE EDUCATIONAL AGENCIES
• Ch. 1.: CHAPTER 1. State Board of Education
• Art. 3.: ARTICLE 3. Waiver Authority

Text

(a)
The governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, may request the state board to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, except:
(1)
Chapter 12.5 (commencing with Section 2574) of Part 2 of Division 1 of Title 1.
(2)
Article 1 (commencing with Section 15700) and Article 2 (commencing with Section 15780) of Chapter 4 of Part 10 of Division 1 of Title 1.
(3)
Chapter 6
(commencing with Section 16000) of Part 10 of Division 1 of Title 1.
(4)
Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), and Chapter 14 (commencing with Section 17085) of Part 10 of Division 1 of Title 1.
(5)
Part 13 (commencing with Section 22000), Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000) of Division 1 of Title 1.
(6)
Section 35735.1.
(7)
Paragraph (8) of subdivision (a) of Section 37220.
(8)
The following provisions of Part 10.5 (commencing with Section 17210) of Division 1 of Title 1:
(A)
Chapter 1 (commencing with Section
17210).
(B)
Article 1 (commencing with Section 17251) to Article 6 (commencing with Section 17365), inclusive, of Chapter 3.
(C)
Sections 17416 to 17429, inclusive; Sections 17459 and 17462; subdivision (a) of Section 17464; and Sections 17582 to 17590, inclusive.
(9)
The following provisions of Part 24 (commencing with Section 41000) of Division 3:
(A)
Sections 41000 to 41360, inclusive.
(B)
Sections 41420 to 41423, inclusive.
(C)
Section 41544.
(D)
Sections 41600 to 41863, inclusive.
(E)
Sections
41930 to 42850, inclusive.
(10)
Sections 44504 and 44505.
(11)
Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3 and regulations in Title 5 of the California Code of Regulations adopted pursuant to Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3.
(12)
Part 26 (commencing with Section 46000) of Division 4.
(13)
The following provisions of Part 26.8 (commencing with Section 47600) of Division 4:
(A)
Subdivision (i) of Section 47632.
(B)
Section 47635.
(C)
Section 47652.
(D)
Article 6 (commencing with Section 47660) of Chapter 6.
(14)
Article 1 (commencing with Section 48000) of Chapter 1 of Part 27 of Division 4.
(15)
Section 48310.
(16)
Section 48359.5.
(17)
Chapter 6 (commencing with Section 48900) and Chapter 6.5 (commencing with Section 49060) of Part 27 of Division 4.
(18)
Section 51513.
(19)
Section 52163.
(20)
The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6.
(21)
Sections 52165, 52166, and 52178.
(22)
Section 56364.1, except that this restriction shall not prohibit the state board from approving any waiver of Section 56364.2, relating to full inclusion.
(23)
Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4, relating to the California Assessment of Student Performance and Progress (CAASPP), and any other provisions of Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 that establish requirements for the CAASPP.
(24)
Part 38 (commencing with Section 65000) of Division 4.
(b)
A request for a waiver submitted by the governing board of a school district or a county board of education pursuant to
subdivision (a) shall include a written statement as to both of the following:
(1)
Whether the exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, participated in the development of the waiver.
(2)
The exclusive representative’s position regarding the waiver.
(c)
A request for a waiver submitted pursuant to subdivision (a) relating to a regional occupational center or program established pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of Part 28 of Division 4, which is operated by a joint powers entity established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall be submitted as a joint waiver request for each participating school district
and shall meet both of the following conditions:
(1)
Each joint waiver request shall comply with all of the requirements of this article.
(2)
The submission of a joint waiver request shall be approved by a unanimous vote of the governing board of the joint powers agency.

Legislative History

Amended by Stats. 2023, Ch. 48, Sec. 17. (SB 114) Effective July 10, 2023.