Thursday, December 27, 2012

Previous waiver request invalid per Ed Code 33051?




It is possible that the previous waiver request was incomplete, that it did not include the objections raised by a member of the CBOC.  According to the Ed Code, a waiver can be denied if a written summary of objections has not been provided and if the "appropriate councils or advisory committees" did not have an adequate opportunity to review the request.  Was the previous waiver request invalid?  If so, does the State Board of Education need to be notified of the previous omission?  


Criteria for waiver rejection:
"Because this is a general waiver, if the SBE decides to deny the waiver, it must cite one of the seven reasons in EC 33051(a). The state board shall approve any and all requests for waivers except in those cases where the board specifically finds any of the following: 
(1) The educational needs of the pupils are not adequately addressed. 
(2) The waiver affects a program that requires the existence of a schoolsite council and the schoolsite council did not approve the request. 
(3) The appropriate councils or advisory committees, including bilingual advisory committees, did not have an adequate opportunity to review the request and the request did not include a written summary of any objections to the request by the councils or advisory committees. 
(4) Pupil or school personnel protections are jeopardized. 
(5) Guarantees of parental involvement are jeopardized. 
(6) The request would substantially increase state costs. 
(7) The exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing withSection 3540) of Division 4 of Title 1 of the Government Code, was not a participant in the development of the waiver."

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