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Legal Resources | Title 5 |  T5  80125  

Permits Authorizing Service In Child Care And Development Programs. Submitting Requests for Variable Term Waivers; Approvals and Denials.   

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(a) Requests for variable term waivers must be submitted on a form developed and provided by the Commission pursuant to Section 80122 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 the 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 notice of denial, 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 the 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.

(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 from the assignment at the end of the working day.

(4) Waiver requests that are denied for insufficient information or ineligibility that are resubmitted within thirty (30) days of the date on the notice of denial are reviewed by the Commission.

(A) When the applicant qualifies for a credential or permit that authorizes the service, the waiver request will be returned for an application and fee, as appropriate, for the credential or permit authorizing service.

(B) When the applicant meets the requirements as specified in 80122, and following the conclusion of a fitness review performed and approval 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.

(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 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 working day.

(5) Waiver requests that are denied for insufficient information or ineligibility that are resubmitted after thirty (30) 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 of denial, the employing agency shall remove the applicant from the assignment at the end of the working day.

Authority cited:

Education Code 44225(q)

Reference:

Education Code 44225, subdivisions (g) and (m)

(Amended by Register 2007, No. 32.)