State Waiver Types - General

This page outlines information on the various general waivers available through TEA.

Course Requirement

This waiver allows districts and charter schools to request a waiver to substitute a particular course or courses for state credit within the curriculum. The commissioner of education is prohibited from exempting essential knowledge and skills under Texas Education Code (TEC) §28.002 or minimum graduation requirements under TEC §28.025.

  • Please verify with the Division of Curriculum at (512)463-9581 to determine if the course substitution is allowable.
  • This waiver request may be approved for up to three years.

Course Requirement - Career and Technical Education

This waiver allows districts and charter schools to request a waiver of the Texas Administrative Code to offer a Career and Technical Education (CTE) course for a credit length other than that specified in the code.

Foreign Exchange Student (Less than Five)

This waiver allows districts and charter schools to limit the number of foreign exchange students to five or less per high school. A request to limit the number to five or more per high school must be submitted as an expedited waiver application (TEC §25.021(e)). See Foreign Exchange Student Q&A and Guidelines.

  • The approval of this waiver is not retroactive. It takes effect on the date that the agency approves the application.
  • The districts and charter schools must enroll foreign exchange students who arrive in the district or who request enrollment in the district before the waiver approval date.

Pregnancy Related Services On-Campus

This waiver allows districts and charter schools to request a waiver to offer Pregnancy-Related Services Compensatory Education Home Instruction (CEHI) on a district's campus. The requirements of the waiver are as follows:

  • Provide transporation as needed.
  • Serve students at home if medically indicated.
  • Do not exceed student-teacher ratio of four students to one teacher.
  • Do not use self-paced computer based instruction to fulfill the four hours of CEHI.

Certification 

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

Certification for Teachers

Listed below are certification description types:

  • 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 necessary certification requirements.

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

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 Texas Education Agency (TEA). A waiver may be requested from the TxVSN course review process only. Each course is still required to meet all TxVSN course requirements in Texas Administrative Code (TAC), §70.1005. 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 requirements.

TxVSN Course Requirements

The following are TxVSN course requirements:

  • Meets the definition of an electronic course in Texas Education Code (TEC) §30A.001(4),
  • Is in a specific subject that is part of the required curriculum
  • Is equivalent in instructional rigor and scope to a course that is provided in a traditional classroom during a semester of 90 instructional days and a school day of at least seven hours,
  • Is led by a teacher who meets the credentialing and professional development requirements of TAC, §70.1027 prior to teaching a course through the TxVSN,
  • Is designed specifically for a fully online learning environment and includes instructional tools, assessment features, and collaborative communication tools,
  • Aligns with 100 percent of the Texas Essential Knowledge and Skills (TEKS) approved for implementation in a given school year for a grade level at or above Grade 3,
  • Aligns with all current International Association for K-12 Online Learning (iNACOL) National Standards for Quality Online Courses,
  • Meets all TxVSN accessibility guidelines,
  • Includes at least 40 percent hands-on laboratory investigations and field work using appropriate scientific inquiry for secondary (Grades 6-12) science courses as required by TAC, §74.3(b)(2)(C),
  • Has current documented approval from the College Board as an Advanced Placement (AP) course, if applicable.

Dual Credit Limitation - Course for Joint High School and Junior College Credit


TEC, §130.008(f), generally limits a student from enrolling in more than three dual credit courses at a junior college if the junior college does not have a service area that includes the student's high school. However, students may enroll in more than three courses despite the statutory prohibition under two circumstances:

  1. A commissioner-approved early college high school program may enroll students in more than three courses.
  2. A school district or charter may apply for a waiver of the prohibition in TEC 130.008(f) as described below. 

Districts and charter schools seeking a commissioner's waiver of this limitation must complete a general waiver (other) application using the Automated Waiver Application. The district or charter school's board must approve all waiver requests. Waivers may not be granted for more than three years and must be renewed. Waiver applicants must attach documentation that is:

  • written in the form of a letter on official letterhead,
  • clearly indicating agreement to the requested exception to the dual credit course limitation,
  • signed by an authorized official from the junior college in the school's service area, and
  • signed by an authorized official from any junior colleges outside of the school's service area that are offering dual credit opportunities to the school's students.

The Texas Administrative Code (TAC), §4.85(c)(1), authorizes junior colleges to enroll students in an early college program as allowed under TEC 130.008(f) or as authorized by commissioner of education waiver.

Other Miscellaneous

Any miscellaneous waivers that do not fit into any other category may be applied for as an "other".