Cal. Code Regs. Tit. 5, § 3100 - Resource Specialist Caseload Waivers

(a) A school district, SELPA, county office of education, or any other public agency providing special education or related services may request the SBE to grant a waiver of the maximum resource specialist caseload, as set forth in Education Code section 56362(c), only if the waiver is necessary or beneficial either (1) to the content and implementation of a pupil's IEP and does not abrogate any right provided individuals with exceptional needs by specified federal law or (2) to the agency's compliance with specified federal law.

(b) The SBE shall grant any waiver request submitted in accordance with subdivision (a) only:

(1) when the facts indicate that failure to do so would hinder either:

(A) implementation of a pupil's IEP or;

(B) compliance by the requesting agency with specified federal law; and

(2) when the waiver request meets all of the conditions set forth in subdivisions (c) and (d).

(c) A request to waive the maximum resource specialist caseload shall be "necessary or beneficial" within the meaning of subdivision (a) and Education Code section 56101 only if all of the following conditions are met.

(1) The waiver's effective period does not exceed one past school year and/or the school year in which it is submitted.

(2) The number of students to be served by an affected resource specialist under the waiver does not exceed the maximum statutory caseload of 28 students by more than four students.

(3) The waiver does not result in the same resource specialist having a caseload in excess of the statutory maximum for more than two school years.

(d) For the purposes of subdivision (b), a request to waive the maximum resource specialist caseload shall not "hinder" either (1) implementation of a pupil's IEP or (2) compliance by the requesting agency with specified federal law if all of the following conditions are met:

(1) The requesting agency demonstrates to the satisfaction of the SBE (A) that the excess resource specialist caseload results from extraordinary fiscal and/or programmatic conditions, and (B) that the extraordinary conditions have been resolved or will be resolved by time the waiver expires.

(2) The waiver stipulates that an affected resource specialist will have the assistance of an instructional aide at least five hours daily whenever that resource specialist's caseload exceeds the statutory maximum during the waiver's effective period.

(3) The waiver confirms that the students served by an affected resource specialist will receive all of the services called for in their IEPs.

(4) The waiver was agreed to by any affected resource specialist, and the bargaining unit, if any, to which the resource specialist belongs participated in the waiver's development.

(5) The waiver demonstrates to the satisfaction of the SBE that the excess caseload can be reasonably managed by an affected resource specialist in particular relation to (A) the resource specialist's pupil contact time and other assigned duties and (B) the programmatic conditions faced by the resource specialist, including, but not limited to, student age level, age span, and the behavioral characteristics; number of curriculum levels taught at any one time or any given session; and intensity of student instructional needs.

Notes

Cal. Code Regs. Tit. 5, § 3100

1. New article 8 (section 3100) and section filed 3-2-99; operative 4-1-99 (Register 99, No. 50).
2. Change without regulatory effect amending section and NOTE filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).

Note: Authority cited: Sections 33031 and 56100, Education Code. Reference: Sections 56101 and 56362, Education Code.

1. New article 8 (section 3100) and section filed 3-2-99; operative 4-1-99 (Register 99, No. 50).
2. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).