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State Waiver Types — General

This page outlines the general waivers available through 鶹ԭ.

Accelerated Instruction 

Texas law requires all students who do not achieve approaches or higher on STAAR grades 3 through 8 or EOC assessments to be provided accelerated instruction.

This one-year waiver applies to school districts and open enrollment charter schools listed on the Accelerated Instruction Waiver list on the Accelerated Instruction webpage. If your district or open-enrollment charter school is included on the waiver list, you have 45 days from the release date to submit your Accelerated Instruction Waiver.

The deadline to request this waiver for the 2025-2026 school year is October 22, 2025.

Bilingual Education Exception and English as a Second Language (ESL)

All local educational agencies (LEAs), including districts, charter schools, and districts of innovation, must identify and serve emergent bilingual (EB) students through bilingual education or ESL programs, in accordance with .

Pursuant to (a)(1) and (b)(1), an LEA that does not have appropriately certified teachers for its required bilingual and/or ESL program(s) must apply to the 鶹ԭ for a bilingual education exception and/or ESL waiver.

This is a provisional measure to:

  • Report the district’s current staffing needs
  • Outline actions to secure appropriately certified staff
  • Provide training and support to teachers under the exception or waiver
  • Implement temporary alternative methods 

These methods that meet the affective, linguistic, and cognitive needs of the emergent bilingual (EB) students and align as closely as possible to the required bilingual or ESL program.

Certification

This waiver allows an individual to serve without the required certification requirements.

Certification for Teachers

Certification types include:
•    Allows a person to teach without the necessary certification requirements.
•    Allows qualified individuals to teach outside their areas of certification in Career and Technical Education (CTE).
•    Allows qualified individuals to teach outside their areas of certification in a subject or course for which no state assessment has been developed.
•    Allows qualified individuals to teach outside their areas of certification in Alternative Education.
•    Allows qualified individuals to teach ROTC classes outside their areas of certification. 

Certification for Superintendent

Allows an individual to serve as superintendent without the required certification credentials.

Certification for Role other than Superintendent or Classroom Teacher

When requesting a certification waiver for a role other than a superintendent or classroom teacher (e.g. principal/assistant principal, school counselor, school librarian), select “Teacher Core Curriculum” in the “Area” dropdown in the Application for Certifications Waiver in 鶹ԭL.

Course Requirement

This allows districts and charter schools to request a waiver to substitute a course or courses for state credit within the curriculum.

The commissioner of education is prohibited from exempting:

  • Essential Knowledge and Skills under
  • Minimum graduation requirements under .

To determine whether a course substitution is allowable:

  • For career and technical education (CTE) courses, contact the CTE unit in the Department of College, Career, and Military Preparation at (512) 936-6060.
  • For all other courses, contact the Division of Curriculum at (512) 463-9581.

This waiver request may be approved for up to three years.

Course Requirement - Career and Technical Education (CTE)

This allows districts and charter schools to request a waiver of the Texas Administrative Code requirements to offer a CTE course for a credit length different from what is specified in code.

Pregnancy Related Services On-Campus

This allows districts and charter schools to request a waiver to offer Pregnancy-Related Services Compensatory Education Home Instruction (CEHI) on a district's campus. 

Special education students who qualify for Pregnancy Related Services (PRS) may receive homebound instruction on campus if the district has an approved waiver. 

The waiver is not required for students receiving full-day instruction in a remote setting. 

Requirements include:

  • Provide transportation as needed.
  • Serve students at home if medically indicated.
  • Maintain a maximum ratio of four students to one teacher.
  • Do not use self-paced, computer-based instruction to fulfill the four hours of CEHI.

Remote Conferencing Instruction/Remote Homebound Instruction

Remote Conferencing Instruction

Per the Student Attendance Accounting Handbook (SAAH), Section 12.3.1:

  • if a school district provides instruction through remote conferencing to a regular education student due to a temporary medical condition, the district may, with approval of a waiver request, count that instruction as classroom time for FSP funding purposes and count the student in attendance for FSP funding purposes, provided certain requirements are met.

Per SAAH Section 12.3.2:

  • if a school district provides instruction through remote conferencing to a special education student for all or part of the school day, the district may count that instruction as classroom time for FSP funding purposes, including in the calculation of contact hours, provided certain requirements are met.

Remote Homebound Instruction

Remote homebound instruction is remote instruction provided through:

  • The General Education Homebound (GEH) program, or 
  • The Compensatory Education Home Instruction (CEHI) program

All program requirements must be met except for in-person instruction from the homebound teacher.

  • For eligible regular education students, districts may, with an approved waiver, count the student in attendance for FSP funding purposes
  • For special education students, districts may, with an approved waiver, count the student in attendance for FSP funding purposes, including weighted funding, provided requirements are met.

School Safety

This allows districts and charter schools to request waivers related to:

  • Facilities Standards (; )
  • Operational and Instructional Time for School Safety Training ()
  • Other (for school safety-related requirements not listed above)

Other as Specified

If your district or charter school would like to apply for one of the waivers described below, please select "Other" from the Waiver/Exception Application Type drop down menu.

Texas Virtual School Network (TXVSN) Course Review Process Waiver

All courses made available through the Texas Virtual School Network (TXVSN) must be reviewed and approved prior to being offered. Eligible school districts and open-enrollment charter schools may apply to the commissioner of education for a waiver from the TXVSN course review process that is administered by the 鶹ԭ. A waiver may be requested from the TXVSN course review process only. Each course is still required to meet all TXVSN course standards and requirements.

To request a waiver to the TXVSN course review process, the district or charter school authorized official must certify that each course meets all TXVSN course standards and requirements and complete the 鶹ԭ waiver submission process through the 鶹ԭL system.

Other Miscellaneous

Miscellaneous waivers that do not fit another other category may be applied for as an "Other" waiver.