The legal authority for special education waivers is:
Education Code Section 56101: (a) Any district, special education local plan area, county office, or public education agency, as defined in Section 56500, may request the board to grant a waiver of any provision of this code or regulations adopted pursuant to that provision if the waiver is necessary or beneficial to the content and implementation of the pupil's individualized education program and does not abrogate any right provided individuals with exceptional needs and their parents or guardians under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or to the compliance of a district, special education local plan area, or county office with the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), and federal regulations relating thereto.
(b) The board may grant, in whole or in part, any request pursuant to subdivision (a) when the facts indicate that failure to do so would hinder implementation of the pupil's individualized education program or compliance by a district, special education local plan area, or county office with federal mandates for a free, appropriate education for children or youth with disabilities .
To prepare a waiver request of this type, use this form: Specific Waiver Request Form (and Instructions) - (Posted 17-May-2006; DOC; 81KB; 5pp.)
There are other types of specific waiver authorities. Forms are found on the Waiver Forms page.
Information on waivers of the Algebra Graduation Requirement for Special Education students are found at the Special Education Algebra Waiver Documentation page.
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