The State Waivers Unit of the Texas Education Agency is responsible for the coordination of expedited and general state waivers and class size exceptions.
Waivers and Exemptions
Under Texas Education Code (TEC) §7.056, Waivers and Exemptions,
(a) Except as provided by Subsection (e), a school district may apply to the commissioner for a waiver of a requirement, restriction, or prohibition imposed by this code or rule of the board or commissioner.
(b) A school district seeking a waiver must submit an application to the commissioner not later than the 31st day before the campus or district intends to take action requiring a waiver. The application must include:
(1) a written plan approved by the board of trustees of the district that states the achievement objectives of the campus or district and the inhibition imposed on those objectives by the requirement, restriction, or prohibition; and
(2) written comments from the campus- or district-level committee established under Texas Education Code Section 11.251.
(The above 1 & 2 must be on file in the local district.)
(c) If the commissioner objects to an application for a waiver, the commissioner must notify the school campus or district in writing that the application is denied not later than the 30th day after the date on which the application is received. If the commissioner does not notify the school campus or district of an objection within that time, the application is considered granted.
(d) A waiver granted under this section is effective for the period stated in the application, which may not exceed three years. A school campus or district for which a requirement, restriction, or prohibition is waived under this section for a period of three years may receive an exemption from that requirement, restriction, or prohibition at the end of that period if the campus or district has fulfilled the achievement objectives stated in the application. The exemption remains in effect until the commissioner determines that achievement levels of the campus or district have declined.
- Expedited Waivers are waivers that do not require and additional information for requesting up to a maximum of three years.
- General Waivers are waivers other than expedited waivers that need information describing the details of which the waiver is being requested.
- Attendance Waivers are associated to Missed Instructional Days and Low Attendance Days Waivers that allows the district or campus to request a waiver for excused absences if instructional days or low attendance days are missed due to weather, health, or safety related issues.
- Other Waivers are waiver request other than waivers that do not fall under any of the categories.
- Maximum Class Size Exception allows a school district to be exempt from the limit of 22 to 1 pupil/teacher ratio for grades K-4; therefore the limit may work an undue hardship on the district. An exemption expires at the end of the school year for which it is granted.
Contact: Jim Davis, Program Specialist
Texas Education Agency State Waiver Unit
(512) 463-9630, www.tea.state.tx.us/StateWaivers