A document issued for employers when a fully credentialed teacher is not available for the assignment.

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. 

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. 

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. 

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. 

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. 

• 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.