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WAIVERS

Except as indicated below, the School may apply to the commissioner of education for a waiver of a requirement or prohibition imposed by law or rule of the State Board or commissioner. An application for a waiver must include a written plan approved by the Board that states the achievement objectives of the School and the inhibition imposed on those objectives by the requirement or prohibition and contain written comments from the Instructional Planning Committee.

Education Code 7.056(a)(b)

Submission And Approval

The application shall be submitted to the commissioner not later than the 31st day before the campus, or District, intends to take action. If the commissioner does not notify the School of an objection within 30 days after receiving the application, the waiver is granted. Education Code 7.056(b)(c)

Duration

A waiver is effective for the period stated in the application, which cannot exceed three years. Education Code 7.056(d)

RESTRICTIONS

The School may not receive an exemption or waiver from requirements imposed by federal law or rule, including requirements for special education or bilingual education programs, or from a requirement or prohibition imposed by state law or rule relating to:

  1. A prohibition on conduct that constitutes a criminal offense.
  2. Essential knowledge or skills or minimum graduation requirements.
  3. Public school accountability.
  4. Extracurricular activities.
  5. Health and safety.
  6. Purchasing.
  7. Elementary school class size limits, except as provided by Education Code 25.112.
  8. Removal of a disruptive student from the classroom.
  9. At-risk programs.
  10. Prekindergarten program.
  11. Educator rights and benefits.
  12. Special education programs.
  13. Bilingual education programs.
  14. First day of instruction requirements under Education Code 25.0811.

Education Code 7.056(e)

Adopted:          3/7/80
Amended:        9/10/82, 3/22/91, 9/27/91, 3/27/92, 1/29/93, 3/25/94, 3/21/97, 1/25/08
Reviewed:        1/31/03