(a) Local Approval of Short-Term Waivers. Employing agencies may grant a short-term waiver as described under Section 80120(a) without prior approval by the Commission, provided that a short-term waiver may be issued one time only for any individual, and one time only for a given class.
(b) Notification of County Offices. Pursuant to Education Code Section 44258.9, school districts using a short-term waiver shall provide the following information to the county office of education:
(1) Identification of the Applicant. The notification shall identify, by name and Social Security number, the individual for whom the short-term waiver was issued.
(2) Authorization and Assignment. The notification shall specify the credential that the individual holds and the assignment that the individual is filling as a result of the short-term waiver.
(3) Reason for Waiver. The notification shall explain the situation that led to the need for the short-term waiver.
(4) Effective Date and Proposed Duration. The notification shall specify the beginning and ending dates of service on the waiver.
(5) Other. The county office of education may require other information as necessary.
(c) Notification of the Commission. Pursuant to Education Code Section 44258.9(d), county offices of education shall report the use of short-term waivers as described in subsection (b) above in school districts and in county-operated schools to the Commission annually. In addition, the Commission may request information concerning the use of short-term waivers from other employing agencies.
(d) The Commission may rescind the authority of any employing agency to grant a short-term waiver upon a finding that the agency has intentionally violated any provision of Sections 80120 or 80123.
Credits
Note: Authority cited: Section 44225(q), Education Code. Reference: Section 44225, subdivisions (g) and (m), Education Code.
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Amendment of section heading and subsection (a), repealer of subsections (b)-(c) and new subsections (b)-(d) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).
This database is current through 4/5/24 Register 2024, No. 14.
Cal. Admin. Code tit. 5, § 80123, 5 CA ADC § 80123
