WAIVER REQUESTS
GUIDEBOOK
Commission on Teacher Credentialing
Ensuring Teacher Quality
Edition 2024
The purpose of this handbook is to give employing agencies a single resource that
includes all of the current information about the waiver process, when to submit
a waiver, criteria for all waivers, the denial process and all forms that are
necessary for a waiver request.
2024 Revision
This manual, like other publications of the Commission on Teacher
credentialing, is not copyrighted. It may be reproduced in the public
interest, but proper attribution is requested.
This guidebook is available on the Credential Information Guide
(CIG) http://www.ctc.ca.gov/credentials/cig2/manuals/
WaiverHandbook.pdf
Waiver Request Guidebook for Employers 2024 Revision
TABLE OF CONTENTS
Glossary of Terms...............................................................................................................1
Introduction.........................................................................................................................2
General Criteria...................................................................................................................3
High and Low Incidence Areas...........................................................................................4
Criteria for Low Incidence Areas .......................................................................................5
Criteria for Initial Waivers..................................................................................................6
Subsequent Waiver Criteria ................................................................................................7
How and When to Submit a Waiver ...................................................................................9
The Waiver Process ............................................................................................................10
Waiver Timeline Chart .......................................................................................................12
How to Complete Waiver Forms
Variable Waiver Form WVI .............................................................................13
WVI Sub Form..................................................................................................16
Check List Before Submitting Your Waiver Requests .......................................................18
Fee Schedule for Waiver Requests 19 .....................................................................................
Sample of Reject Letter ......................................................................................................20
Sample of Denial Letter......................................................................................................21
Sample of Final Denial Letter.............................................................................................22
Chart of Criteria for Waivers ..............................................................................................23
Contacts and References.....................................................................................................26
Short-Term Waivers............................................................................................................27
Appendix A
Frequently Asked Questions ...............................................................................................30
Appendix B
List of Education Codes and Title 5 Sections That May Be Waived .................................31
Appendix C
Precedential Decisions........................................................................................................32
Appendix D
Title 5, California Code of Regulations..............................................................................34
Waiver Request Guidebook for Employers 2024 Revision
GLOSSARY OF TERMS
Variable Term Waiver – The Variable Term Waiver is a document issued for employers who meet
the waiver criteria when a fully credentialed teacher is not available for the assignment. It allows
the employer to fill the assignment while searching for a fully credentialed teacher in the subject
area of the assignment and gives the waiver holder additional time to complete requirements.
Short-Term Waiver – The Short-Term Waiver gives local employing agencies the ability to cover
unanticipated, immediate and short-term needs. The waiver allows employers to assign teachers
who hold a basic credential to teach outside of their credential authorization for one semester or
less with the teachers’ consent.
Waiver Criteria – Terms for the Waiver Criteria are set by the Commission and include specific
requirements for designated high and low incidence credentialing areas including verification of
recruitment efforts, evidence of qualifications to teach in the assignment and a commitment to
meet the credentialing goals.
High and Low Incidence Areas – Periodically the Commission conducts statistics on which
credential types are in high need. Waiver requests in predominantly high need areas require less
documentation and do not require submission of recruitment efforts verification.
Waiver Conditions – These are the conditions set by the Commission that the waiver holder must
meet in order to qualify for a permit, credential or a subsequent waiver. These conditions are
written directly on the waiver document.
Denial Letter – Letter to notify the employer that a teacher applicant does not meet the waiver
criteria and must be removed from the classroom. If there is new information to support the waiver
request, the employer may resubmit a request for re-evaluation.
Request for Re-Evaluation – This process allows the employer to respond to a denial letter. The
Commission will reconsider the waiver request only if new information has been submitted to
support the waiver. The new information submitted must respond to concerns addressed in the
denial letter. All supporting coursework or experience must have been completed prior to the
timeframe of the waiver request.
Precedential Decisions – Record of decisions made on cases that set precedence on waiver criteria.
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INTRODUCTION
Since July 1994, the Commission on Teacher Credentialing has had the authority to issue waiver
documents that have expressly to do with educator preparation and credentialing and with the
ability of employers to employ or assign persons who are not appropriately credentialed for their
assignment. All other waivers are under the legal authority of the State Board of Education or
the Superintendent of Public Instruction.
Waivers are issued or denied based upon the Commission’s established criteria and factors such
as an employer’s continuing needs; the support the employer will provide to the applicant; or
extenuating, extraordinary and unanticipated circumstances.
As of July 1, 2006, the Commission granted staff the authority to issue or deny waivers. Waivers
are processed in date order of receipt. Commission staff no longer presents waivers to the
Committee of Credentials for approval. See Coded Correspondence 06-0010 for details at the
following link: http://www.ctc.ca.gov/notices/coded/060010/060010.pdf
When an employing agency reviews its staffing needs and starts recruiting for various positions,
all attempts must be made to fill a position with an appropriately credentialed employee.
Employing agencies are required to first recruit a candidate who is qualified to participate in and
enrolls in an approved internship program in the region of the employing agency and secondly a
candidate who is scheduled to complete preliminary credential requirements within six months.
If a fully credentialed candidate is not available employing agencies must recruit candidates in
this order:
A candidate who is qualified to participate and to enroll in an intern program
A candidate who is scheduled to complete his or her preliminary credential requirements
within six months
A candidate who qualifies to use a local assignment option
A candidate who qualifies for the Provisional Internship Permit (PIP) or the Short Term
Staff Permit (STSP)
If the employer is unable to find an individual who qualifies for one of the staffing options listed
above, the Variable Term Waiver may be requested for the most qualified candidate.
The Commission has divided the waiver process into two types of waivers; short-term and
variable term. Short-Term Waivers give local agencies the ability to cover unanticipated,
immediate and short-term needs. This waiver allows employers to assign teachers who hold a
basic credential to teach outside of their credential authorization for one semester or less with the
teachers' consent. For a full description and a copy of the county reporting form refer to the
section under Short-Term Waivers starting on page 27.
Variable Term Waivers give the employer the ability to cover assignments when a fully qualified
credentialed employee cannot be found. Waivers allow employers to meet staffing needs while
searching for an individual who either holds an appropriate credential or qualifies for one of the
available assignment options for the assignment. It also allows the individuals holding waivers
to complete their credential requirements while serving in the classroom.
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Variable Term Waivers:
Allows the employing agency to assign identified individuals when there is an
insufficient number of certificated persons who meet the specified employment criteria
for the position;
Temporarily exempt geographically isolated regions, which have severely limited ability
to develop personnel from specific state requirements for educator preparation, licensing
or assignment; or
Facilitate assignments in school programs addressing issues of educational reform and
other temporary conditions approved at the discretion of the Commission.
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GENERAL WAIVER CRITERIA
Once the employing agency determines it has a need for a variable term waiver, it must verify that
the individual has met the criteria approved by the Commission. Determinations are based upon
the Commission’s criteria and factors such as the employing agency’s continuing need, the support
the employer will provide to the applicant, or extenuating, extraordinary and unanticipated
circumstances.
When Commission staff reviews a waiver request, a determining factor is how close the candidate
is to qualifying for the permit or credential. Therefore, it is very important to provide all
transcripts, examination scores, letters or other documentation to support that the individual has
met all requirements for certification with the exception of the requirements that need to be waived.
Waiver requests must meet all of the following criteria:
Recruitment: Evidence that the employer attempted to recruit a fully credentialed teacher for the
assignment through job announcement distributions, Institution of Higher Education (IHE)
placement center contacts and internet recruitment through Ed Join etc. Low incidence areas must
provide documentation of recruitment. Refer to the section on “High and Low Incidence Areas,”
page 5, for the current list of high and low incidence areas.
Qualifications: Written verification by the employing agency to explain why the applicant is the
best available candidate for the position. Include all supporting materials such as degree
verification, course work in the subject area, basic skills requirement, professional preparation
program, and related experiences.
Assignment: Verify that the person has not been identified as misassigned in this assignment by
the employing agency, or if the person has been identified as misassigned, there is evidence that
action other than requesting a waiver was taken as a result of that misassignment.
Commitment: Verification that the candidate will have ongoing support and assistance in the
subject area as provided by the appropriate person as determined by the employing agency. The
Commission must be assured that the local employing agencies provide orientation, guidance, and
assistance to candidates. The candidate must commit to completing requirements for the
appropriate credential.
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HIGH AND LOW INCIDENCE AREAS
Periodically the Commission reviews credential statistics to determine current high and low
incidence areas. At its April 2006, meeting, the Commission took action to change the recognized
credential waiver high and low incidence areas. As of July 1, 2006, new high and low incidence
areas were established. Refer to Coded Correspondence 06-0006 for details at the following link:
http://www.ctc.ca.gov/notices/coded/060006/060006.pdf
High Incidence Areas
Special Education, including Added Authorizations in Special Education
Clinical Rehabilitative Services/Speech-Language Pathology
Driver Education and Training
30 Day Substitute
Low Incidence Areas
Administrative Services
Single Subject Teaching (all subject areas)
Multiple Subjects Teaching
Designated Subjects (except driver education and training)
Library Media Services
Pupil Personnel Services (counseling, psychology, social work)
Reading Specialist/Certificate
Teacher of English Learner Students
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CRITERIA FOR LOW INCIDENCE AREA
WAIVER REQUESTS
In addition to the general waiver criteria, low incidence area waivers require additional criteria
that must be met. The Commission has determined there are no substantial shortages of individuals
who hold these credential types.
Personnel Shortage: Requires written documentation that no credentialed candidate applied for
the position or that credentialed candidates did not meet specific employment criteria such as
special skills for the assignment.
Special Skills: Requires written documentation that the individual possesses special skills or can
provide special services to the students in the assignment. Provide verification of the individual’s
training, experience or expertise to support that he or she is the best candidate for the assignment.
Possession of a state license or advanced degree in the field directly related to the assignment is
an example of special skills. A candidate that holds a state Marriage and Family Therapist (MFT)
license or a Master’s degree in Social Work (MSW), from an accredited institution is evidence of
special skills for the pupil service services waivers. Proficiency in a second language spoken by
the students in the district is another special skill.
Program Enrollment: Submit written documentation from the authorized university’s
administrator verifying the individual’s current status in the credential program and the anticipated
completion date.
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CRITERIA FOR INITIAL WAIVER REQUESTS
Initial Basic Skills Requirement (BSR) Waivers
For the purposes of issuing a waiver, the Commission can only consider the California Basic
Educational Skills Test (CBEST) to meet the subsequent waiver conditions if BSR has not been
met.
A BSR waiver will be considered for the following reasons:
The applicant has not had the opportunity to take the CBEST.
The applicant has attempted the CBEST but has not passed all sections.
For math and science waivers: If the applicant has attempted the math section of
the CBEST, a passing score must have been achieved.
For English waivers: If the applicant has attempted the reading and writing sections
of the CBEST, a passing score must have been achieved.
The employer must ensure that the individual has access to support and guidance
such as tutoring, coursework or professional development to increase the
candidate’s percentage of passing CBEST regardless if the individual has attempted
a basic skills exam.
Initial Program Waivers
For waivers to complete academic or program requirements, the program waiver will be
considered if:
The university verifies that the candidate has been admitted into the program or has
attempted to enroll in the program.
The candidate affirms that units will be completed to meet credential requirements.
Initial Experience Waivers
For waivers to complete the experience requirement, the following applies:
The applicant has special skills and meets all other requirements for the credential
except the required years of experience.
The applicant has special skills and meets all requirements for the credential except
does not have recency.
Note: If a waiver request is waiving more than one statute, the Basic Skills Requirement
must be met first. All CBEST waiver conditions must be met before any subsequent waiver
can be considered.
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SUBSEQUENT WAIVER CRITERIA
Waivers are generally only issued for one school year to enable the Commission to monitor and
verify that the individual has made progress toward their credential goal. Subsequent waivers need
supporting documentation to verify that progress has been made and that the subsequent waiver
conditions have been met.
All subsequent waivers require employer verification that the teacher has performed satisfactorily
in the assignment. Subsequent waiver requests for teachers of record must include performance
evaluations that meet the requirements of Education Code §44662.
Evaluations must include assessments of the individuals’ performance related to the following
areas:
1. Students’ progress toward the district’s established grade level standards;
2. Instructional techniques and strategies used by the employee;
3. The employee’s adherence to curricular objectives; and
4. The employee’s establishment and maintenance of a suitable learning environment.
Subsequent waiver requests for Emergency 30-Day Substitute Teaching Permits do not require the
detailed evaluation described above. However, such requests must include an affirmation by the
employer that the individual has performed satisfactorily as a substitute.
Conditions listed on the waiver document must be met when applying for a subsequent waiver. If
the applicant failed to meet any one or all of the specified conditions, a subsequent waiver may
only be considered, if extenuating circumstances can be verified with documentation (e.g., a
doctor’s letter verifying serious illness of the applicant or close family member).
The following are acceptable extenuating circumstances:
Personal or family health problems
Distance to the university requires more than one and one half hours of traveling time; or
There were no openings in the university program or the required course work was not
available.
Subsequent Basic Skills Requirement (CBEST) Waivers
CBEST waivers are granted for a maximum of three issuances. If an individual attempted the
CBEST examination prior to the initial waiver request and passed one or more sections, each
passing section is counted as one of the possible three issuances. For example, if two sections
were passed, the applicant may only have one additional waiver issuance to pass the remaining
section of the CBEST.
If an individual held a preliminary credential based on an out-of-state or out-of-country teacher
preparation program but has not passed CBEST during the first year on the preliminary credential,
that first year is counted as one CBEST waiver issuance of the possible three issuances.
In addition to general waiver request information, application and documentation, all subsequent
CBEST waivers must meet the following conditions:
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The applicant must attempt the CBEST exam at least twice during the period of the waiver;
The applicant must achieve a passing score of 41 in at least one section of the CBEST
exam; and
The applicant must have satisfactory evaluations from the employer.
If these conditions are not met, the subsequent waiver will be denied.
Subsequent Program Waivers
In addition to general waiver request information, application and documentation, the subsequent
program waivers must include the following information:
Verification that the applicant has been admitted to a college or university program for the
credential;
Official transcripts that verify the applicant has completed a minimum of six semester units
of coursework applicable toward the credential requirements; and
Verification that the applicant received satisfactory evaluations from the employer.
If extenuating circumstances prevented the applicant’s completion of the above, supporting
documentation must be provided (e.g., a doctor’s letter, a letter from university verifying
full or unavailable classes, etc.)
If these conditions are not met, the subsequent program waiver will be denied.
Subsequent Experience Waivers
Verification that the applicant has completed one full year of experience in the area of the
previous waiver toward the credential goal (e.g., official documentation) and
Verification that the applicant received satisfactory evaluations from the employer.
If these conditions are not met, the subsequent experience waiver will be denied.
Subsequent Waivers with Specific Conditions Listed on the Waiver
In addition to general waiver request information, application and documentation, the subsequent
program waivers must include the following information:
Verification that the applicant met specified conditions listed on the waiver; and
Verification that the applicant received satisfactory evaluations from the employer.
If these conditions were not met, the subsequent waiver will be denied.
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Added Restrictions and Added Authorizations
If your candidate worked on a waiver for another school but has not completed the school year,
and is now accepting employment at your school, you must submit a new waiver request with new
supporting materials and the appropriate fees for an added restriction. Added restriction requests
will not require the applicant to meet conditions as long as the timeframe falls within the original
waiver dates. However, the end dates of the original waiver and the added restriction waiver will
have the same expiration dates. If the candidate is still in your employ after the end dates, a new
waiver request must be submitted with the appropriate fees and conditions on the waiver must be
met.
Note: Added restrictions for 30 Day Substitute Permit Waivers require a fee of $50.00. In addition
to a new waiver request application, the new employer must submit their own supporting materials
such as their public notice or agenda item.
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HOW AND WHEN TO SUBMIT A WAIVER REQUEST
Prior to submission of each waiver request a public notice must be given to declare the employer’s
intent to hire an individual on the basis of a waiver. Documentation that verifies the public notice
must be included in each waiver request.
All initial and subsequent waiver requests must be completed and submitted by the employing
agency on the Variable Term Waiver Form WV1. Form WV1 may be found at the following link:
http://www.ctc.ca.gov/credentials/cig2/CIG-LEAFLETS/wv1.pdf
The WV1SUB form is only for an initial 30 Day Substitute Waiver request. Form WV1SUB c an
be found at the following link:
http://www.ctc.ca.gov/credentials/cig2/CIG-LEAFLETS/wv1sub.pdf
All waiver requests must be submitted on the WVI or WV1SUB forms and applicants must have
fingerprint clearance on file with the Commission. First time waiver applicants with no fingerprint
clearance on file with the Commission must apply for a Certificate of Clearance before the waiver
can be issued. Specific directions on how to apply for the Certificate of Clearance through the
Commission’s Direct Web application process are available in the Certificate of Clearance
information leaflet: http://www.ctc.ca.gov/credentials/leaflets/cl900.pdf. Refer to page 21 for fee
information.
Complete each waiver application request thoroughly and legibly. See the section on “How to
Complete Waiver Forms” for instructions on pages 14-19. Include the front and back of transcripts
for evaluation. When submitting true verified copies, please be sure the copies are legible and the
name and address of the university is visible. If the application is incomplete, transcripts illegible
or supporting documentation incomplete, the waiver request will be denied for insufficient
information.
The beginning date of the service determines the issue date of the waiver request. Whenever
possible, waiver requests should be submitted to the Commission prior to the applicant’s first day
of service. However, the Commission will honor the requested issue date on the waiver as long as
the request is received by the Commission within ninety days from the issuance date.
Waiver requests received past the ninety days deadline date will not be evaluated and the request
will be denied based upon the late submission. Upon receipt of the denial notice, the employer
shall remove the applicant from the assignment. See Waiver Timeline Chart on page 14 for details.
For references regarding the submission timeline, see Title 5 California Code of Regulations,
§80125.
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THE WAIVER PROCESS
As of July 1, 2006 Commission staff has the authority to evaluate and issue or deny waivers based
on the established waiver criteria. Waiver requests must be submitted in a timely manner. Refer
to the “Waiver Timeline Chart” on page 14 for details.
The Commission will continue to require employing agencies to present waiver requests to their
governing boards for approval. The agenda must be an action item and must list the name of the
applicant, the specific assignment, including subject and grade level, and the fact that the applicant
will be employed on a waiver.
For counties, state agencies, nonpublic or nonsectarian schools, a public notice must be posted at
least 72 hours before the position is filled. The public notice should be posted in a place where all
interested parties are notified and must list the name of the applicant, the specific assignment,
including subject and grade level, and the fact that the applicant will be employed on a waiver.
By submitting the waiver request, the employer certifies that a reasonable effort to recruit a fully-
prepared teacher for the assignment was made. The list below shows the order of preference when
hiring:
1. Teaching Credential
2. Intern Credential
3. Provisional Internship Permit (PIP)/Short-Term Staff Permit (STSP)
4. Waivers
Waivers that have been granted or denied will be displayed on the Commission’s website
under “Public Notices” at http://www.ctc.ca.gov/notices/waivers.html.
The Processing Procedure
Waiver requests that are received within the ninety days submission timeframe that meet
the waiver criteria will be granted.
If the waiver request is received beyond ninety days from the requested issue date, the
waiver request will not be evaluated and will be denied based upon late submission. The
waiver request packet will be returned with a denial letter that explains the reason for
denial. The employer shall remove the applicant from the assignment. No re-evaluation
request will be accepted for late submissions. The employer may submit another waiver
request form with appropriate fees for an evaluation and a revised issue date.
If the waiver request form and supporting materials are incomplete, Commission staff will
deny the waiver. The waiver request packet will be returned with a denial letter that
explains the reason for denial. The employing agency will have thirty days to provide the
required documentation for re-evaluation. If the resubmitted waiver request meets the
waiver criteria, the waiver will be granted. If the employing agency submits the required
documentation beyond the thirty days, staff will not evaluate and a final denial notice will
be mailed.
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If an evaluation of the waiver request determines that the applicant qualifies for a permit
or credential in the same authorization, the waiver request packet will be returned with
instructions to apply for the appropriate permit or credential. A waiver will not be issued
if the applicant qualifies for a permit or credential in the same authorization.
If the waiver request does not meet the established criteria it will be denied. The waiver
request packet will be returned with a denial letter that explains the reason for denial. The
employer will have an opportunity to request re-evaluation if there is new pertinent
information that was not included previously and that addresses the concerns expressed in
the denial letter. This new information cannot be gained after the requested issue date of
the waiver request.
All requests for re-evaluation must be received by the Commission within thirty days as
expressed in the denial letter. To qualify for the waiver, the candidate must meet the waiver
criteria at the time of the original request. If a re-evaluation was re-submitted on time and
it meets the waiver criteria Commission staff will grant the waiver.
If the new information does not meet the waiver criteria, a final denial letter with an
explanation of the denial, will be sent with the original waiver packet. After receiving the
notice, the employer shall remove the applicant from the assignment. There are no re-
evaluations after a final denial letter. Refer to Coded Correspondence 07-05 for details at
the following link: http://www.ctc.ca.gov/notices/coded/0705/0705.pdf
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WAIVER TIMELINE CHART 1
Waivers Received After 90 Days
from the Beginning Date of Service
Waivers Received Within 90
Days of Beginning Date of Service
Insufficient Information
Not/Eligible
DENY
Resubmitted within 30 Days of Denial *
Insufficient Information
Not Eligible/Late
FINAL DENIAL
Meets Eligibility
Requirements
GRANT
Meets Eligibility
Requirements
GRANT
* Must be information not previously submitted and/or not previously available
that addresses the issues listed on the denial letter.
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HOW TO COMPLETE FORMS
Instructions for completing Form WVI
Form WV1 may be found at the following link:
http://www.ctc.ca.gov/credentials/cig2/CIG-LEAFLETS/wv1.pdf
Waiver requests must be prepared and submitted by the employing agency only and should be
typewritten or computer generated. All materials must be clear enough to photocopy and one
waiver request form must be used for each credential type waiver request per applicant. All
sections of the Variable Waiver Form WV1 are described and explained below and corresponds
to the number on the form.
All sections applicable to the requested waiver type must be completed.
1. EMPLOYING AGENCY
Employing Agency
Print the full name and complete address of the employing agency. For a Non-
Public School/Non-Public Agency (NPS/NPA) entity, please list the county code.
If the county code is unknown, write the county name. All NPS/NPA must be
Department of Education-approved.
County/District Code (Middle Box):
For county offices and school districts, enter the two digit county code and the five
digit California District Services (CDS) code. For NPS/NPA, only enter the county
code or name.
Contact Person (Third Box):
Enter the name, telephone number (including the extension), fax number and email
address of the agency contact person responsible for processing the waiver request.
2. APPLICANT INFORMATION
Personal Information:
Enter the applicant’s social security number, full legal name, former names, date of
birth, and mailing address.
Credential Needed for Waiver:
List the title and subject area of the credential for the waiver.
For example, single subject teaching credential in mathematics, or Pupil Personnel
Services: Counseling, or Crosscultural, Language & Academic Development
(CLAD) Certificate for the English Learner (EL) authorization.
Assignment:
List the specific position and grade level for the assignment. For example, sixth
grade bilingual classroom, Education Specialist – mild moderate disabilities, etc.)
3. EDUCATION CODE OR TITLE 5 SECTION TO BE WAIVED
Enter the appropriate Education Code or the Title 5 Section that pertains to the
waiver request. Refer to page 33 for a list of Education Codes and Title 5 Sections
that pertain to waivers.
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4. EFFECTIVE DATES
Enter the requested beginning and ending effective dates of your waiver request.
A Variable Term Waiver may be issued for any length of time depending upon the
circumstances; however, most waivers are issued for one year or less during which
period applicants are expected to verify progress toward their credential goal. The
issuance date is the beginning date of service and, the expiration date is the last day
the waiver will be needed because the term/school year will end or if the
requirements for the credential will be completed.
If the waiver request is for a period longer than one year, a detailed
explanation of the additional time needed must be provided.
Form WV1 has a space to list the effective beginning and ending dates of the
waiver. At the bottom of the form is another space to list the ending date of the
school term, track or year. It is important to complete this area to verify the end
date of school year.
Enter the ending date of the school year.
5. STATEWIDE HIGH INCIDENCE AREA WAIVER REQUESTS:
Complete this section if the request is for employment in a high incidence area.
Check the appropriate box for the credential
Check the appropriate box to show recruitment efforts
Write an explanation providing details of why this individual is the best candidate
for the job.
6. NON-STATEWIDE LOW INCIDENCE AREAS WAIVER REQUESTS
Complete this section if your request is in the low incidence areas by checking the
appropriate boxes.
A low incidence area request must include copies of recruitment efforts.
a. Indicate the low incidence areas for the assignment
b. Indicate what was done this year to locate and recruit individuals to fill this position.
Copies of documentation must be attached.
The employer must submit verification documentation in three recruitment areas:
Distribution of job announcements
IHE placement Centers contacts
Internet: Ed Join
c. Provide detailed information on the results of recruitment efforts. Answer each of the
following questions and complete all blanks as indicated on the form.
d. Provide the specific employment criteria for the position. List the special skills and
knowledge required to perform in this position.
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e. If this is an initial waiver request, explain what makes the applicant the best candidate.
Provide an explanation and attach supporting documentation.
7. REQUIREMENTS AND TARGET COMPLETION DATES FOR REACHING
CREDENTIAL GOAL
List requirements needed for the credential in the boxes provided and provide a projected
completion date.
8. LIST THE NAME AND POSITION OF THE PERSON ASSIGNED TO SUPPORT AND
ASSIST THE APPLICANT DURING THE TERM OF THE WAIVER
Write the name and title of person assigned to assist the candidate.
9. SUBSEQUENT WAIVER REQUEST
If this is a subsequent waiver request, a copy of the applicant’s personnel evaluation must
be attached.
10. IS THIS EMPLOYING AGENCY GEOGRAPHICALLY ISOLATED?
Check the appropriate box.
11. PROFESSIONAL CONDUCT QUESTIONS
Answer all questions. If you have a “yes” answer, you must include an explanation on a
separate sheet of paper. The waiver request will be returned if this section is not completed.
12. PUBLIC NOTICE – CHECK THE BOX THAT APPLIES
Public School Districts – Verify and submit supporting documentation as
instructed in the first box.
County Offices, State Agencies, Non-public nonsectarian school or agencies – verify
and submit supporting documentation as instructed in second box.
13. APPLICANT’S CERTIFICATION
Applicant must sign and date this section. The waiver request will be returned if this
section is not signed.
14. EMPLOYING AGENCY CERTIFICATION
Responsible parties as indicated on form must sign and date this section. The waiver
request will be returned for completion if this section is not signed.
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Instructions for completing the Variable Term Wavier Request For 30-Day Substitute
California Basic Educational Skills Test form (Form WV1SUB)
Form WV1SUB may be found at the following link:
http://www.ctc.ca.gov/credentials/cig2/CIG-LEAFLETS/wv1sub.pdf
Waiver requests must be prepared and submitted by the employing agency, and should be
typewritten or computer generated. All materials must be clear enough to photocopy. Form
WV1SUB may be used for first time Emergency 30-Day Substitute CBEST waivers only.
Subsequent Emergency 30-Day Substitute CBEST waivers and all other types of variable
term waivers must be submitted on form WV1. You must use one waiver request form for
each waiver request per applicant. All sections of Form WV1SUB are described and explained
below as numbered on the form. A is indicated for items that must be completed.
1. EMPLOYING AGENCY
Employing Agency
Print the full name and complete address of the employing agency. For
NPS/NPAs please list your county code. If you do not know the county code, write
the county name.
County/District Code (Middle Box):
For county offices and school districts, enter the two digit county code and the five
digit district CDS code. If you do not know your district codes, be sure to write your
agency name in full for reference. For NPS/NPA, only enter the county code or name.
Contact Person (Third Box):
Enter name, telephone number including extensions, fax number, and email address of
the agency contact person responsible for processing the waiver request.
2.
APPLICANT INFORMATION
Enter the applicant’s social security number, full legal name, former names, date of
birth, and mailing address. Assignment is already filled as Emergency 30-Day
Substitute Teacher. Enter any credentials or permits held.
For example:
California Credential or Permit Held (if any): Child Development Permit
Assignment: 30 Day Substitute Teacher
3. EDUCATION CODE OR TITLE 5 SECTION TO BE WAIVED
This section is already filled with the appropriate code: EC 44252(b)
4. EFFECTIVE DATES
Enter the beginning and ending effective dates of your waiver request. The
beginning and ending dates cannot exceed one calendar year.
5. PROFESSIONAL CONDUCT QUESSTIONS
Answer all questions. If you have a “yes” answer, you must include an explanation
on a separate sheet of paper. The waiver request will be returned if this section is not
signed.
Waiver Request Guidebook for Employers 18 2024 Revision
6. PUBLIC NOTICE (Check the Box That Applies)
Public School Districts – Verify and submit supporting documentation as instructed
in the first box.
County Offices, State Agencies, Nonpublic nonsectarian school or agencies –
verify and submit supporting documentation as instructed in the second box.
7. APPLICANT’S CERTIFICATION
Applicant must sign and date this section. The waiver request will be returned if
this section is not signed.
8. EMPLOYING AGENCY CERTIFICATION
Responsible parties as indicated on the form must sign and date this section.
The waiver request will be returned if this section is not signed.
Attachments:
Verify that all the listed items are attached.
Waiver Request Guidebook for Employers 19 2024 Revision
CHECKLIST: BEFORE SUBMITTING YOUR WAIVER REQUESTS
Include the following for initial waiver requests
Complete all appropriate sections of the Waiver form WV1, answer all Professional
Conduct questions and include original signatures as indicated on form
Attach copy of the public notice
Attach copies of all the applicant’s official transcripts
Attach copies of basic skills requirement (BSR) exams or other applicable score reports
Include all necessary documentation to verify recruitment efforts as indicated on the waiver
request WV1 form
Include the current waiver processing fee unless the applicant qualifies for the waiver fee
exemption. Refer to Fee Schedule on page 21 for details on exemptions.
All waiver applicants must have fingerprint clearance on file with the Commission.
Waiver applicants with no fingerprint clearance on file must apply for a Certificate of
Clearance before the waiver can be issued. Specific directions on how to apply for the
Certificate of Clearance through the Commission’s Direct Web application process are
available in the Certificate of Clearance information leaflet:
http://www.ctc.ca.gov/credentials/leaflets/cl900.pdf. Refer to page 21 for fee information.
Include the following for all Subsequent Waiver Requests
Complete all appropriate sections of the Variable Term Waiver Request Form WV1.
Answer all Professional Conduct questions and include original signatures as indicated on
the form.
Attach a copy of public notice
Attach a copy of the personnel evaluation from a direct supervisor. Subsequent Emergency
30-Day Substitute waivers do not require detailed evaluations
Attach copies of all official transcripts or grade reports showing courses completed since
the issuance of the previous waiver
Include letters from colleges or universities verifying the applicant’s admittance to the
appropriate program for service credentials
Attach copies of the BSR exams score or other applicable score reports
Include information regarding efforts the applicant has made to improve his or her basic
skills requirement scores for subsequent BSR waivers. Such information may include
evidence of tutoring, in service training or college coursework.
Include the current waiver processing fee unless the applicant qualifies for the waiver fee
exemption. Refer to the fee schedule on page 21 for exemption details.
Waiver Request Guidebook for Employers 20 2024 Revision
Fee Schedule for Waiver Requests
All individuals must have fingerprints on file with the Commission
First time waiver applicants with no fingerprint clearance on file with the Commission must apply
for a Certificate of Clearance before the waiver can be issued. Specific directions on how to apply
for the Certificate of Clearance through the Commission’s Direct Web application process are
available in the Certificate of Clearance information leaflet:
http://www.ctc.ca.gov/credentials/leaflets/cl900.pdf.
All checks and money orders must be made payable to the Commission on Teacher
Credentialing or CTC.
Waiver Processing Fee...................................................................................................... $100
Certificate of Clearance (Form 41-4 or Direct Web)..................................................... $50
Added Restrictions (Adding another employer to a valid waiver)
All waiver types .................................................................................................................. $50
Emergency 30-Day Substitute Permits ............................................................................... $50
EXEMPTION FROM WAIVER FEE
Individuals holding a valid non-emergency teaching or service credential based on
a baccalaureate degree from a regionally accredited institution and completion of
a professional preparation program that include student teaching or practicum are
exempt from the fee.
Documents that DO NOT qualify for the exemption include:
Provisional Internship Permits
Short-Term Staff Permits
Designated Subjects Teaching Credentials
Child Development Permits
Emergency 30-Day Substitute Permits
APPLICATION FEES, INCLUDING WAIVER PROCESSING FEES,
ARE EARNED UPON RECEIPT AND ARE NOT REFUNDABLE.
Waiver Request Guidebook for Employers 21 2024 Revision
Sample Reject Letter
Commission
on
Teacher
Credentialing
651 Bannon
Street, Suite 601 Sacramento,
CA 95811-4213
Certification Division
www.ctc.ca.gov
Date: mm/dd/yyyy
Dear Applicant:
The information listed below is needed before this request can be reviewed by the
Appeals and Waivers Committee of the Commission. Return this letter (and any
materials that may be attached) with the requested additional information by the
date indicated below. A delay could make the applicant named above ineligible to
begin service or force you to terminate the individual’s service:
1. All waiver requests must include verification that a notice of intent to employ the
applicant by name in this position has been made public. Enclose a copy of the
agenda item presented to the governing board (school district) or a copy of the
announcement posted 72 hours before the waiver was requested (county or
nonpublic school) and check the correct box in the public notice section of the
waiver request form.
2. YOU MUST RESUBMIT THIS ENTIRE WAIVER REQUEST PACKET WITH THE
NEEDED INFORMATION AS SOON AS POSSIBLE, BUT NO LATER THAN
MM/DD/YYYY.
If you have any questions about the requested information, please contact this office at
(916) 323-7136 between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday.
Sincerely,
Certification Division
Inspire, Educate, and Protect the Students of California
Waiver Request Guidebook for Employers 22 2024 Revision
Sample Denial Letter
Commission on Teacher Credentialing
www.ctc.ca.gov
651 Bannon Street, Suite 601 Sacramento, CA 95811
Certification Division
DATE: RE: XXX XX
XXXX
Denial of Waiver Request Mailed to:
UNIFIED SCHOOL DISTRICT
PERSONNEL SERVICES
STREET
CITY, CA ZIP
RE: APPLICANT
Goal: Single Subject Teaching Credential: Science: Biological Sciences
The Commission on Teacher Credentialing has denied the waiver request that you submitted on
behalf of the individual named above for the following reason(s):
1. There is not enough academic background in biology.
Effective immediately, you must remove the individual from the position for which the waiver
request was submitted.
You may ask for reconsideration of this waiver request by returning the waiver packet with new
information via postal mail. The new information must be received within forty-five (45) days,
and must directly address the reason that the waiver request is being denied and contain
information that was not available at the time of the original request (Title 5 §80125(e)(2)(A)
CCR). If the information submitted does not meet this regulatory requirement, no further waiver
review will be granted.
If you have questions concerning the denial process, you may contact the Waiver Unit by phone
at (916) 323-7136, or by email at [email protected].
Prepared by: XXX
cc: COUNTY OFFICE OF EDUCATION
Waiver Request Guidebook for Employers 23 2024 Revision
www.ctc.ca.gov
Sample of Final Denial Letter
Commission on Teacher Credentialing
651 Bannon Street, Suite 600 A Sacramento, CA 95811-4213
Certification Division
Date
Agency Name
Address
City, CA Zip
Re: APPLICANT RE: XXXXXXXXX
Dear Mr/Ms. Employer:
The Commission has denied your request for reconsideration based on the new material(s)
submitted not meeting the regulatory requirement [(Title 5 Section 80125(e)(2)(A) CCR).]
EFFECTIVE IMMEDIATELY, YOU MUST REMOVE THE INDIVIDUAL FROM THE
POSITION FOR WHICH THE WAIVER REQUEST WAS SUBMITTED.
If you have questions concerning the denial process, you may contact the Waiver Unit by phone
at (916) 323-7136, or by email at [email protected].
Prepared by: XXX
cc: COUNTY OFFICE OF EDUCATION
Waiver Request Guidebook for Employers 24 2024 Revision
CREDENTIAL WAIVER REQUESTS -- CHART OF CRITERIA
Waiver requests are first reviewed to see if they meet the Commission
approved GENERAL CRITERIA:
• Recruitment verified
• Credential goal in high incidence areas
• Explanation of why person is the best qualified for the position
• Not just correcting a misassignment
• Person will have ongoing support and assistance by the district
In addition, requests for services credentials are reviewed for:
• The position is in a low incidence area
• The person has special skills or experience in the area
• The person is enrolled in the appropriate program
In addition, each evaluation for a subsequent waivers includes the
following:
• Employing agency's continuing need
• Evaluation of the applicant's performance
• Support the employer provided to the applicant
• Applicant's efforts to either pass an examination or take appropriate
course work
• How far the applicant is from the credential goal
• Extenuating/extraordinary/unanticipated circumstances
WAIVER TYPE
FIRST TIME
SUBSEQUENT
Third CBEST
Waiver
CBEST
(Basic Skills
Requirement)
Applicant who held
a One-Year
Nonrenewable/or
preliminary
credential based on
out of state or out of
country program
must meet same
criteria but gets only
two years on the
BSR waiver.
GRANT
DENIAL
GRANT
DENIAL
► meets all general
criteria
&
► no opportunity to take
CBEST or passed one or
more sections
&
► employer will
provide access to
remediation
&
► if taken, evidence of
plan to remediate
&
► if taken for single
subject in English,
► single subject in
math or science
failed math section
or
► single subject in
English failed
reading and writing
sections
► meets all general criteria
&
► justification, support and
public notice form
employer
&
► personnel evaluation
&
► took test twice and
passed one section since
last waiver issued
&
► evidence of remediation
&
► employer will provide
access to remediation
► did not take test
twice regardless of
extenuating
circumstances
or
► did not pass at least
one section
or
► for single subject in
math or science
failed math section
or for single subject
in English failed
reading and/or
writing sections.
For third waiver the
criteria is the same as
for the second, but all
third CBEST waivers
are approved with
conditions that say:
NO SUBSEQUENT
WAIVER.
No more than three
years to pass
CBEST
(Basic Skills
Requirement)
passed reading &
writing sections or
if taken for single
subject in Math or
Science, passed math
section
Condition: Take CBEST
twice and pass one section
Waiver Request Guidebook for Employers 25 2024 Revision
WAIVER TYPE
FIRST TIME
SUBSEQUENT
PROGRAM
This includes needing subject
matter coursework or exam for
multiple or single subjects
teaching permits
GRANT
DENIAL
GRANT
DENIAL
► meets all general
criteria
► not a state-wide high
incidence area
► low incidence areas of
Administrative
Service, Pupil
Personnel Services -
need & qualifications
well justified by
employer
Condition:
Enrollment in credential
program and 12 semester units
of coursework completed
or
Coursework units needed to
qualify for single or multiple
subject teaching permits
► did not meet all general
criteria
or
► denied an appeal because
did not complete renewal
requirements
or
► validation of service
denied for this position
or
► identified as misassigned
and no other attempt made
to correct the problem
► justification, support and
public notice/employer
&
► personnel evaluation
Services
► letter from IHE
verifying enrollment and
describing status &
completed 12 semester
units for program
Teaching/Emergency
► 6 semester units toward
subject matter
Note: For second waiver of
program only, may have
enrollment or course work; all
subsequent waivers need both.
► did not enroll in a
program or complete any
coursework and has no
extenuating circumstances
or
► completed fewer than 12
semester units for program
WAIVER TYPE
FIRST TIME
SUBSEQUENT
CBEST (Basic Skills
Requirement)
&
PROGRAM
If waiving CBEST and
program, the CBEST conditions
must be met first
GRANT
DENIAL
GRANT
DENIAL
► same as initial CBEST
► same as initial CBEST
► same as initial CBEST
plus 3 units
► did neither CBEST nor
course work & no
extenuating
circumstances
or
► completed fewer than
12 semester units for
program
Waiver Request Guidebook for Employers 26 2024 Revision
TYPE OF WAIVER
FIRST TIME
SUBSEQUENT
Note
GRANT
DENIAL
GRANT
DENIAL
EXPERIENCE
► meets all general
criteria
► has letter from IHE
describing status as
needing only
experience to qualify
for credential goal
N/A
► completed one full
year of experience
required for
credential goal
► did not complete any
experience toward
credential goal & no
extenuating
circumstances
For Administrative
Services, four summers
equal one year
For Resource Specialist,
two summers equal one
semester in regular
classroom
Can also accumulate part-
time experience
EACH WAIVER REQUEST THAT DOES NOT SUBSTANTIALLY MEET THE CRITERIA OUTLINED
ABOVE MAY BE DENIED BY THE COMMISSION
The Commission reserves the right to review a subsequent waiver request, even when the previous waiver indicated that the Commission would
not approve a subsequent waiver. Subsequent waivers may be considered by the Commission when the following apply:
• The employing agency has completed the waiver request form, including a persuasive justification, evidence of support of the applicant,
and verification of public notice.
• The applicant has received a personnel evaluation or written confirmation (Emergency 30-Day Substitute Permit only) by a supervising
administrator that he or she has performed satisfactorily during the waiver period.
• The applicant has failed to meet any one or all of the specified conditions, but offers verification of extenuating circumstances, such as
are accepted for a credential appeal (e.g., serious illness of self or close family member).
Waiver Request Guidebook for Employers 27 2024 Revision
CONTACTS AND REFERENCES
Contacts
Waiver Mailing Address:
May Lee State Office Complex
Commission on Teacher Credentialing
Attention: Waiver Unit
651 Bannon Street, Suite 601
Sacramento, CA 95811
Email:
References
World Wide Web Page
www.ctc.ca.gov
Credential Information Guide
www.ctc.ca.gov/credentials/cig2/cig_toc.html
User Name: cig2011
Password: ctcguide
CCAC Waiver Workshop Presentation
http://www.ctc.ca.gov/credentials/cig2/WORKSHOPS/CCAC-2011.pdf
Public Notice of Waivers Granted or Denied
http://www.ctc.ca.gov/notices/default.html
Waiver Request Guidebook for Employers 28 2024 Revision
SHORT-TERM WAIVERS
Short-Term Waivers authorize local employing agencies one semester or less to address
unanticipated, immediate, short-term organizational needs by assigning teachers that consent to
teach outside of their credential authorization.
This option is only available for individuals who hold a valid teaching credential based upon
completion of a bachelor’s degree and teacher preparation program which included student
teaching.
Employing agencies may grant a Short-Term Waiver without prior approval by the Commission,
provided that it is issued one time only for any individual and one time only for a given class.
All school districts should report the use of Short-Term Waivers to their county offices of
education. It is not necessary for districts to submit information regarding Short Term
Waivers directly to the Commission.
The district must submit the information to their county office on the following form (page 30)
or on a form approved by the county. Please submit the report even if the district did not employ
anyone on a Short-Term Waiver. The county office of education submits information regarding
Short-Term Waivers to the Commission with its annual Assignment Monitoring and Review
Report. The Local Approval of Short-Term Waiver form is on the following page.
Waiver Request Guidebook for Employers 29 2024 Revision
Email: credential[email protected]
Website: www.ctc.ca.gov
State of California
Commission on Teacher
Credentialing Certification Division
LOCAL APPROVAL OF SHORT-TERM WAIVER
(To be kept on file in the district)
Employing agencies may grant a short-term waiver as described under Title 5 §80120-80123, without
prior approval by the Commission provided that a short-term waiver is issued one time only for any one
credentialed teacher and one time only for a given classroom. The information required under §80122 for
this type of waiver shall be forwarded to the County Office of Education pursuant to Education Code
§44258.9. 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 §80120-80123
California Code of Regulations. Short-term waivers are valid for no more than one semester. Each County
Office of Education should include information on short-term waivers in their annual Assignment
Monitoring Report.
1. Employing Agency
CDS Code
Contact Person
Telephone Number
2. Section to be waived: _____________________________________.
Type the text of pertinent sentence of the law.
3. Purpose of waiver. Include name(s) of candidate(s) appropriate.
4. Proposed Solution and Justification. Describe how waiver request will remedy the situation, give
rationale for request and describe any negative effect(s) that are likely to occur if the request is not
granted.
5. Name of candidate(s) Date of Birth Social Security Numbers
1. ________________________________________ ________________________
2. ________________________________________ ________________________
3. ________________________________________ ________________________
Waiver Request Guidebook for Employers 30 2024 Revision
__________________________________________________________
__________________________________________________________
6. Effective period of waiver
_____/_____/_____ to _____/_____/_____
7. List current California credentials held and expiration date for each.
8. SELPA Certification. If this waiver is for special education personnel the Special Education Local
Plan Area (SELPA) must be consulted prior to approval of a waiver.
SELPA approval date:
SELPA Administrator
(Signature Required)
Telephone Number ____________________________________________________________
9. District Certification
No other Short-Term Waiver has been approved for the individual(s) listed in this document.
I certify under penalty of perjury that the information provided in this document is correct and complete.
Signature: ____________________________________________________________________________
(
Superintendent or designee)
Tit
le:
________________________________________________________________________________
D
ate:
________________________________________________________________________________
Waiver Request Guidebook for Employers 31 2024 Revision
Appendix A
FREQUENTLY ASKED QUESTIONS
1. Can we request a waiver for a Child Development Permit?
The Commission does not issue waivers for Child Development Permits. Please refer to
the Department of Education at: (916) 319-0800 or http://www.cde.ca.gov
2. Where can I find the current waiver request forms?
The waiver forms are available on the Credential Information Guide (CIG) under Leaflets
and Forms. The waiver forms are toward the bottom of the list. See links below:
http://www.ctc.ca.gov/credentials/cig2/CIG-LEAFLETS/wv1.pdf
http://www.ctc.ca.gov/credentials/cig2/CIG-LEAFLETS/wv1sub.pdf
3. What if an applicant gained a minimum passing score in one section with the first
attempt at the CBEST, does he/she need to take the other sections one more time for a
subsequent waiver?
Yes. Subsequent waiver conditions are to attempt all sections of the CBEST not
previously passed twice and gain a passing score of 41 on at least one section. Keep in
mind a minimum score of 37 while may be considered passing for credentialing purposes,
is not acceptable. For waiver purposes a passage score must be at least 41.
4. What if an applicant passed the same section twice with a score of 41 or higher, can
that be counted as having a passing score for each subsequent waiver?
No, the applicant must take the exam twice and gain a passing score for a new section on
each subsequent waiver to verify progress toward passing the entire exam. Previous
passing scores do not count as a new attempt to pass another section and does not meet
the subsequent waiver conditions. No one can have more than three BSR waivers.
5. Regarding added restrictions to Emergency 30-Day Substitute Permit BSR waivers, can
the expiration date exceed the original waiver by just a few days as our school year
ends on a later date?
No, in order to qualify as an added restriction, the expiration date must end on the
original approved waiver date. If the requested expiration date exceeds the valid waiver
on file, it may be considered a subsequent waiver request and subsequent waiver
conditions would need to be met. If there is a request to add a restriction, it must be
during the period of the original waiver request.
6. On Clinical Rehabilitative Services or Speech-Language Pathology Services, what if
the applicant was unable to be accepted into the program, how can subsequent waiver
conditions be met?
Waiver Request Guidebook for Employers 32 2024 Revision
For areas with limited programs, the Commission may accept verification of enrollment
attempts or progress even though the waiver conditions require completed coursework.
7. If my applicant already used the PIP and STSP options but still has not completed
requirements to be accepted into an intern program, can the waiver be my last option?
The waiver is not an option for those who academically qualified for a permit or
credential in the same authorization. Failure to complete requirements on any permit or
credential is not a basis for a waiver.
8. If I submitted a waiver and later found out that the applicant does not qualify for the
waiver, can I use the same fee toward another permit?
No. Fees are considered earned upon evaluation and receipt. If you did not qualify, you
cannot use the same fee toward another waiver, permit or credential.
9. How can I fulfill the recruitment verification section if I apply for an English Learner
authorization for one of my already employed teachers? Must I complete that section
on the waiver form?
Yes. All sections of the waiver form must be completed. Please use your most current
recruitment information on that specific teacher and include a note to explain.
10. Can I use other BSR exams to show progress with basic skills for a subsequent waiver?
No. For waivers, we will only accept progress on the CBEST exam to meet subsequent
waiver conditions.
11. I have multiple waivers to submit. Can I include one agenda item for all of them or do
I need to make copies of the agenda item for each applicant?
Please include a copy of the public notice or agenda item for each individual waiver
packet. You do not need to include all pages of the agenda; just the page that pertains to
the waiver subject. Since waivers are distributed to general staff for processing, there is
less chance that paperwork will be separated and your waiver is rejected for no public
notice.
12. We have a Special Education teacher who holds a mild moderate authorization but we
need her to cover the area of autism as well; can we apply for a waiver?
Your teacher may qualify for the new Special Education Limited Assignment Permit. See
the link below for requirements on the Special Education Limited Assignment Permit:
http://www.ctc.ca.gov/credentials/leaflets/cl889.pdf. If a teacher cannot qualify for the
limited assignment, she may qualify for the STSP or maybe an intern in the new
disability area.
Waiver Request Guidebook for Employers 33 2024 Revision
Keep in mind, if a candidate can academically qualify for any permit or credential, a
waiver cannot be an option. Currently the only exception is for the ECSE authorization; if
these candidates cannot qualify for the limited assignments, you may apply for a waiver
in one of the new added authorization in special education disability areas. However, this
waiver option is for a limited time only while programs are being fully developed and
accessible. Please see CIA 10-02 for details.
13. We have a teacher that has been on a waiver for years and has not completed the
program. We don’t want to keep her in the classroom but she claims she qualifies since
she completed the units. Do we have to apply for the subsequent waiver for her?
No. Waivers are only available at the request of the employer. If the employer does not
support hiring on a waiver, the candidate has no option for submitting a waiver on his
own.
14. It is really hard to find a Speech Language and Pathology credentialed person. We
have someone who is almost done with the Speech Language and Pathology program
but she will not be recommended for the credential until next school year. Could we
put her on a waiver for just one school year?
Yes. Because this is a shortage area, a suitable person so close to completing the program
is ideal for the assignment. Since there are no emergency permits for this category, a
waiver can be requested.
15. What Ed Code do I use when requesting a CCSD waiver for the Designated Subjects
Career Technical Education or Special Subjects Credential holders?
Ed Code 44253.11 pertains to the CCSD and the Designated Subjects Career Technical
Education and Special Subjects Credential holders. Please see page 35 for a list of Ed
Codes appropriate to waivers.
16. One of my teachers has an autistic student in her class so she needs the appropriate
authorization. However, she does not qualify for the limited assignment. However, she
has not yet used her STSP. My question is must I use the STSP or can I request a
waiver? I fear she may not be able to complete the program just within that one year
STSP. She is an excellent teacher so I don’t want to be left without any options.
Yes. You may use the waiver if your teacher does not qualify for the limited assignment.
Please keep in mind this waiver request will only be for one year. The Commission
expects the teacher to gain the experience required to be able to move on to the limited
assignment after the waiver.
Waiver Request Guidebook for Employers 34 2024 Revision
Section Number Brief Description of Section
EC §44252(b) BSR (Basic Skills Requirement) for a Credential or Permit
T5 §80021.1 Requirements for Initial Issuance of the Provisional Internship Permit
(Single Subject, Multiple Subject, Education Specialist)
EC §44265 Professional Preparation Program for a Specialist Instruction Credential in
Special Education, Reading, etc.
EC §44268 Professional Preparation Program for the Clinical or Rehabilitative
Services Credential in Audiology and Orientation and Mobility
EC §44265.3 Professional Preparation Program for the Speech-Language Pathology
Services Credential
T5 §80046.1 Professional Preparation Program for an Adapted Physical Education
Credential
EC §44266 Professional Preparation Program for a Pupil Personnel Services
Credential
EC §44269 Professional Preparation Program for a Library Media Teacher Services
Credential
EC §44270 Professional Preparation Program for a Preliminary Administrative
Services Credential
EC §44253.3 Certificate or Credential to Provide Instruction to Limited English
Proficient (LEP) Students
EC 44260(a) Experience Requirement for the Designated Subjects Vocational
EC 44260.2(a)
Experience Requirement for the Designated Subjects Adult Education
Teaching Credential
EC 44260.4 Course Work Requirement for Designated Subjects Credential in Driver's
Education and Training
Appendix B
List of Education Codes and Title 5 Sections That May Be Waived
Waiver Request Guidebook for Employers 35 2024 Revision
Appendix C
PRECEDENTIAL DECISIONS
Waiver criteria were established by the Commission based upon previous Precedential decisions.
Toda, Precedential decisions are still referenced when waiver requests are issued.
Precedential Decisions
One of the Commission’s strategic goals is to improve customer service to ensure that employing
agencies and the Commission’s customers obtain accurate guidance and consistency in the
waiver process.
In June 1994, the Commission began issuing waivers. Procedures are in place to process each
waiver as an individual decision by the Appeals and Waivers Committee. Under current law
(Government Code §11425.60), an agency may designate as a precedent decision, a decision or
part of a decision that contains a significant legal or policy determination of general application
that is likely to recur. The agency shall maintain an index of significant legal and policy
determinations made in precedent decisions. The index shall be updated not less frequently than
annually, unless no precedent decision has been designated since the last preceding update.
Publishing written Precedential decisions will help provide guidance for employing agencies. In
this section you will find an index and the written decisions that have received approval by the
Commission in general session.
The decisions will be referenced by staff while reviewing incoming waiver applications, and
when working with employing agencies in both written and oral communications.
PRECEDENTIAL DECISIONS
Annual Index Established 2000
1. Precedential Decision CTC No. 1 (in RE: Paul Morsink) establishing the practice: An
applicant must demonstrate a compelling educational need before the Commission will grant
a waiver.
2. Precedential Decision CTC No. 2 (in RE: Rose M. Alcantara) establishing the practice: A
three part test will be applied to applications for waivers when the applicant claims they have
been unable to pass the CBEST due to a disability documented under the Americans with
Disabilities Act.
3. Precedential Decision CTC No. 3 (in RE: Carole Marie Miller) establishing the practice: An
individual on a variable term CBEST waiver must take the examination at least twice and
obtain a passing score of 41 or higher on at least one section, prior to applying for a
subsequent variable term CBEST waiver.
Waiver Request Guidebook for Employers 36 2024 Revision
4. Precedential Decision CTC No. 4 (in RE: Eddie Charles Conner) establishing the practice:
An individual on a variable term CBEST waiver must make meaningful progress (as defined)
towards the goal of ultimately passing the CBEST. This rule limits the issuance of a fourth
CBEST waiver.
5. Precedential Decision CTC No. 5 (in RE: Marta Yague) establishing the practice: The
definition of a passing score on a single section of the CBEST, for purposes of securing from
the Commission a subsequent variable term CBEST waiver, is a score of 41 points or higher.
6. Precedential Decision CTC No. 6 (in RE: Horie Marleny Roberts) establishing the practice:
Despite the change in the credential sought the general rule in Precedential Decision CTC
No. 3 (in RE: Carole Marie Miller) still stands.
7. Precedential Decision CTC No. 7 (in RE: Demeka Roshawn Phelps) establishing the
practice: The Commission will not grant waivers for Class Size Reduction assignments
unless the individual holds a credential from another state or another country or has
completed a teacher preparation program in California.
8. Precedential Decision CTC No. 8 (in RE: Anthony R. Russo) establishing the practice:
Documentation needs to be submitted for services credential waivers regarding the status of
an individual in the appropriate credential program and the anticipated completion date of the
program.
9. Precedential Decision CTC No. 9 (in RE: Leonard V. Greaney) establishing the practice: For
non-state wide shortage area credentials sufficient documentation is needed attesting that no
credentialed candidates(s) applied or explains why the credentialed candidate(s) did not meet
the assignment criteria.
10. Precedential Decision CTC No. 10 (in RE: Mary Lee Scott) establishing the practice:
Documentation of recruitment efforts for positions in non-statewide shortage categories will
be required.
Please see link below to Coded Correspondence 00-0021 for copies of the specific Precedential
Decisions.
http://www.ctc.ca.gov/notices/coded/2000/000021.pdf
Waiver Request Guidebook for Employers 37 2024 Revision
Appendix D
DIVISION VIII OF TITLE 5
CALIFORNIA CODE OF REGULATIONS
CREDENTIAL WAIVERS
80120. Purpose and Categories of Waivers.
The following categories of waivers will be
considered under the provisions of Education
Code Section 44225 (m):
(a) Short-Term Waivers: Waivers to give local
agencies one semester or less to address
unanticipated, immediate, short-term
organizational needs by assigning teachers who
hold a basic credential to teach outside of their
credential authorization, with the teacher's
consent.
(b) Variable Term Waivers: Waivers to provide
applicants with additional time to complete the
requirements for the credential that authorizes
the service or to provide employing agencies
time to fill the assignment with an individual
who either holds an appropriate credential or
qualifies under one of the available assignment
options. This includes:
(1) Waivers to facilitate assignment in school
programs addressing issues of educational
reform;
(2) Waivers to employ or assign identified
individuals when the employing agency finds
there is an insufficient number of certificated
persons who meet the specified employment
criteria for the position;
(3) Waivers to temporarily exempt
geographically isolated regions, which have
severely limited ability to develop personnel,
from specific state requirements for educator
preparation, licensing or assignment; or
(4) Other temporary waivers granted at the
discretion of the Commission.
NOTE: Authority Cited: Section 44225(q),
Education Code. Reference: Section 44225,
subdivisions (g) and (m), Education Code.
80121. General Provisions Governing
Waivers.
(a) Definition of Terms. Terms used in
Sections 80120 through 80124, inclusive, shall
have the following meanings.
(1) The term "employing agency" means the
school district; county office of education;
private school; nonpublic, nonsectarian school
or agency as defined in Education Code Sections
56365 and 56366; or postsecondary institution
that submits a waiver application.
(2) "Applicant" means the individual for whom a
waiver application is submitted.
(3) "SELPA" means a Special Education Local
Planning Area.
(4) A "short-term waiver" is a temporary waiver
with a term of one semester or less as described
under Section 80120(a).
(5) A "variable term waiver" is a temporary
waiver with a term as specified by the
Commission.
(b) Waiver Service Restrictions. Except as
specified by the Commission, service authorized
by a waiver shall be restricted to the employing
agency that submitted the waiver application and
to the assignment specified on the waiver
document.
(c) Authorization to Apply for Waivers. Each
application for a variable term waiver shall be
submitted to the Commission on behalf of the
individual identified in the application.
The following may submit applications for
variable term waivers:
Waiver Request Guidebook for Employers 38 2024 Revision
(1) public school districts in California;
(2) county offices of education or county
superintendents of schools in California.
(3) postsecondary institutions; and
(4) private schools in California (in particular,
nonpublic, nonsectarian schools and agencies as
defined in Education Code Sections 56365 and
56366); and
(5) individuals
NOTE: Authority Cited: Section 44225(q),
Education Code. Reference: Section 44225,
subdivisions (g) and (m), Education Code.
§80122. Requirements for Variable Term
Waivers.
The application for a waiver document shall
include all of the following:
(a) Name of Employing Agency. The application
shall identify the employing agency seeking a
waiver.
(b) Section Number. The application shall cite
the specific Education Code or Title 5 section
number(s) for which a waiver is being requested.
In the case of waivers for the purpose of
assignment in school programs addressing issues
of educational reform, the application may
instead identify the plan under which the reform
will take place and, if applicable, the date when
the plan was approved by the employing agency
or the appropriate state agency, whichever came
later.
(c) Reason for Waiver. The application shall
summarize the reason the waiver is being
requested, including, but not limited to, the
specific employment criteria for the position that
must be filled, a description of the efforts to
locate and recruit individuals who hold the
appropriate credential or who can be assigned
under one of the available assignment options,
and a description of the efforts the employing
agency has made to establish alternative training
options such as co-sponsoring internships with
institutions of higher education or establishing a
District Intern program.
(d) Proposed Solution. The application shall
describe how the waiver will remedy the
situation, give the rationale for the request
including what makes the applicant the best
candidate to fill the position, and describe any
negative effect(s) that are likely to occur if the
request is not granted.
(e) Identification of Applicant. The application
shall identify, by name, date of birth and Social
Security number, the applicant for whom the
waiver is requested.
(f) If the applicant does not already have
fingerprint clearance on file with the
Commission, the application must include two
fingerprint cards and the completed Application
for Character and Identification Clearance (form
41-CIC, rev 11-93), and appropriate fee(s).
(g) Requirements and Commitment. The request
shall:
(1) list the requirement(s) that the applicant must
complete to be eligible for the credential which
authorizes the service being requested and the
anticipated date(s) of completion of those
Requirement(s),
(2) include a commitment by the applicant, in
the form of an original signature, to pursue a
course of study leading to full certification, with
the understanding that no subsequent waiver will
be requested should the applicant fail to verify
completion of requirement(s) leading toward the
credential or completion of the alternative
requirement(s) specified in the employing
agency's approved Plan to Develop Fully
Qualified Educators,
(3) list the name and/or position of any person
assigned to provide support and assistance to the
applicant while he or she is serving on the
waiver, and
(4) state that the employing agency has made a
commitment to support and assist the applicant,
as feasible, in completing the credentialing
requirement(s).
(h) Additional Requirements
Waiver Request Guidebook for Employers 39 2024 Revision
(1) To fill a position to serve special education
students, the employing agency must include the
SELPA among those receiving notice of the
intent to request a waiver.
(2) Waiver requests from geographically isolated
regions with severely limited ability to develop
personnel shall include a Plan to Develop Fully
Qualified Educators pursuant to
Section 80026.4, or an explanation as to why
such a plan is not feasible.
(i) Effective Date and Proposed Duration. The
application shall specify the beginning date of
service on the waiver and the date when the
waiver will cease to be needed.
(j) Public Notice. The request shall include
verification that a notice of intent to employ the
applicant in the position identified has been
made public as follows:
(1) If the waiver request is being submitted by a
public school district, it must include a copy of
the agenda item presented to the governing
board of the district in public meeting with a
signed statement from the superintendent, or his
or her designee, that the item was acted upon
favorably. The agenda item must state the name
of the applicant, the assignment in which the
applicant will be employed including the
subject(s) and grade level(s) that he or she will
be teaching and that the applicant will be
employed on the basis of a credential waiver.
(2) If the waiver request is being submitted by a
county office of education, state operated
school, or nonpublic, nonsectarian school or
agency, it must include a dated copy of the
notice that was posted at least 72 hours before
the position was filled and a signed statement
from the superintendent or administrator or his
or her designee that there were no objections to
the waiver request. The notice must state the
name of the applicant, the assignment in which
the applicant will be employed including the
subject(s) and grade level(s) that he or she will
be teaching and that the applicant will be
employed on the basis of a credential waiver.
(k) Signatures. The application shall include the
signature of the district personnel administrator
or superintendent or the county superintendent if
service will be provided in a county-operated
Waiver Request Guidebook for Employers
school or the administrator of the state-operated
school or of the nonpublic, nonsectarian school
or agency, or his or her designee certifying that
the information provided is accurate and
complete.
(l) Fee(s). Effective July 1, 1996, the waiver
request shall include payment of the fee(s)
required by Section 80487. Waiver requests for
individuals who hold a valid non-emergency
teaching credential based on possession of a
baccalaureate degree from a regionally
accredited institution and completion of a
professional preparation program that includes
student teaching shall include payment of the
fee(s) required by all sub-sections of Section
80487, as appropriate, except 80487(a)(1).
NOTE: Authority Cited: Section 44225(q),
Education Code. Reference: Section 44225,
subdivisions (g) and (m) and 44235, Education
Code.
80123. Requirements for Short-Term
Waivers.
(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.
40 2024 Revision
(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.
NOTE: Authority Cited: Section 44225(q),
Education Code. Reference: Section 44225,
subdivisions (g) and (m), Education Code.
80124. Requirements for a Request for a
Subsequent Variable Term Waivers for a
Specific Applicant.
(a) A request for a subsequent variable term
waiver for a specific applicant in the same
assignment shall meet the requirements of
Section 80122 and must include verification that
the applicant has fulfilled his or her commitment
to pursue the completion of requirements
leading toward the credential which authorizes
the service.
NOTE: Authority Cited: Section 44225(q),
Education Code. Reference: Section 44225,
subdivisions (g) and (m), Education Code.
§80125. Submitting Requests for Variable
Term Waivers; Approvals and Denials.
(a) Requests for variable term waivers must be
submitted on a form developed and provided by
the Commission and must include written
documentation supporting the waiver, including
but not limited to dated copies of
announcements of the vacancy, a job description
detailing the specific employment criteria for the
position, official transcripts, the original foreign
transcript evaluation letter, examination score
reports, and verifications of experience.
(b) A waiver request should be submitted to the
Commission prior to the applicant's beginning
day of service. The Commission will honor the
beginning date of service listed on the waiver
request as long as the waiver request is
submitted within ninety (90) days of the
beginning date of service listed on the waiver
request.
(1) Waiver requests received in the
Commission office after ninety (90) day
deadline following the beginning date of service
will be denied due to lateness and considered as
a final notice of denial.
(2) The Commission shall promptly mail a
notice of denial to the employing agency, the
applicant, and the county office of education
when applicable. Upon receipt of the denial
notice, the employing agency shall remove the
applicant from the assignment at the end of the
working day.
(c) Waiver requests received within the ninety
(90) day deadline following the beginning date
of service are reviewed by Commission.
(1) If the applicant qualifies for a credential or
permit that authorizes the service, the waiver
request may be returned for an application and
fee as appropriate for the credential or permit
authorizing the service.
(2) When the applicant meets the requirements
as specified in Section 80122 and following the
conclusion of a fitness review performed by the
Division of Professional Practices, a numbered
waiver document will be issued. The waiver
document identifies the applicant’s credential
goal and authorizes the service appropriate to
that goal.
Waiver Request Guidebook for Employers 41 2024 Revision
(3) When the applicant does not meet the
requirements as specified in Section 80122 or
insufficient information is provided by the
employing agency the waiver will be denied.
The Commission shall promptly mail a notice of
denial to the employing agency, the applicant,
and the county office of education when
applicable.
(A) The notice of denial will explain the reasons
for the denial and afford the employing agency
an opportunity to submit additional information
in support of the waiver request that was not
available at the time the request was originally
submitted. If the employing agency intends to
resubmit the waiver request pursuant to (c)(4) of
this section, the applicant may remain in the
assignment until a final determination on
eligibility is made. If the waiver request is not
resubmitted pursuant to (c)(4) of this section,
upon receipt of the notice of denial, the
employing agency shall remove the applicant
form the assignment at the end of the working
day.
(4) Waiver requests that were denied for
insufficient information or ineligibility that are
resubmitted within thirty (30) days of the date
on the notice of denial are reviewed by
Commission.
(A) When the applicant qualifies for a credential
or permit that authorizes the service, the waiver
request may be returned for an application and
fee, as appropriate, for the credential or permit
authorizing service.
(B) When the applicant does not meet the
requirements as specified in Section 80122 and
following the conclusion of a fitness review
performed by the Division of Professional
Practices, a numbered waiver document will be
issued. The waiver document identifies the
applicant’s credential goal and authorizes the
services appropriate to that goal.
(C) When the applicant does not meet the
requirements as specified in Section 80122 or
insufficient information is provided by the
employing agency the waiver will be denied.
The Commission shall promptly mail a final
notice of denial to the employing agency, the
applicant, and the county office of education
Waiver Request Guidebook for Employers
when applicable. Upon receipt of the final notice
of denial, the employing agency shall remove
the applicant from the assignment at the end of
the work day.
(5) Waiver requests that were denied for
insufficient information or ineligibility that are
resubmitted after thirty days of the denial will be
denied. The Commission shall promptly mail a
final notice of denial to the employing agency,
the applicant, and the county office of education
when applicable. Upon receipt of the final
notice, the employing agency shall remove the
applicant from the assignment at the end of the
working day.
NOTE: Authority Cited: Section 44225(q),
Education Code. Reference: Section 44225,
subdivision (m), Education Code
42 2024 Revision
