State Waivers

The district or open-enrollment charter school authorized official seeking a waiver from the TXVSN course review process administered by the TEA must certify that each course meets all TXVSN course standards and requirements. The commissioner of education must approve the request before the course may be offered through the TXVSN. TEA will use its established waiver request procedures to review the request. Courses approved through the TEA waiver request process will be designated as district-certified.

To Request a waiver from the TXVSN course review process, complete the following steps:

1. Email the TXVSN help desk to schedule an informational and planning meeting.  
2. Conduct a thorough review of each course and document that it meets all TXVSN course standards and requirements. (See the course standards on the TXVSN website.) 
3. Secure local school board approval to request the waiver.
4. Enter information regarding each course to be included in the waiver request into the TXVSN electronic course submission system (ECSS). The ECSS will generate a final list of courses to be attached directly to the TEA general waiver application. Contact the TXVSN team at TXVSN help desk for more information, if needed.
5. Complete the TXVSN Course Review Waiver Request Assurance Statements document.
6. Log in to TEAL and complete a general waiver application through the automated TEA waiver application system. As part of your answer to general waiver application question #1, include the following documents as direct attachments to your general waiver application:
   1. The course final list that was generated within the TXVSN ECSS system
   2. The completed TXVSN Course Review Waiver Request Assurance Statements document  
   3. A copy of the local school board’s official minutes that include approval to submit the TXVSN course review waiver request or the official board meeting agenda which clearly shows the request for board action regarding the TXVSN course review waiver request, if minutes not yet available
7. As part of your answer to general waiver question #3, specify TEC §30A.105(a)(2) as it existed prior to the passage of SB 569 (section 15) 89th TX Legislature.
8. In your answer to general waiver question #7, indicate which school year(s) the request is for, up to a maximum of two years. (Courses for which new Texas Essential Knowledge and Skills (TEKS) are scheduled for implementation may only be requested to be waived for the school years prior to implementation of the new TEKS.)
9. Sign and submit the waiver request with all attachments through the automated TEA waiver application system. As the district or open-enrollment charter school authorized official, your signature serves as your written certification to the commissioner and TEA that each course meets 100 percent of all TXVSN course standards and requirements.

Include all requested information in your waiver request. Do not send attachments as a separate communication. Your waiver request must comply with these requirements to be considered complete and ready for consideration by the commissioner of education.

To access the automated waiver application, districts must establish TEA Login (TEAL) user accounts. An overview of the TEAL system and end user training is available online at Secure applications overview and help.

Within the TEAL environment, districts can manage any TEAL applications for which they have access, including the Waivers application. If a district superintendent has not already established access to the TEAL system, take the following steps:

• Request a TEAL account by clicking the Request New User Account link on the TEAL login page at TEA Login (TEAL).
• Request TEAL Primary Approver access for your organization under the Manage Approver Status link at the bottom of the Edit My User Information page.

To request access to the Waivers application in TEAL:

1. Log in to TEAL.
2. Click My Application Accounts under Self-Service.
3. Click Request New Account.
4. Select the Waivers application.
5. Select the District Superintendent or District Editor. The District Superintendent can enter (as necessary), review, edit, approve, and submit waiver and exception applications. The District Editor can create and save applications for further review and approval by the District Superintendent.
6. To submit the request for access to the Waivers application, complete all requested information and save the changes. When the request is approved, you will receive a notification email.

The Waivers application allows districts to submit a request to the agency only when all required fields have been completed and all edit checks have passed. Districts that submit waiver and exception requests through the automated Waivers application have the opportunity to print a copy of the submission to be retained at the local level. However, all agency communication regarding the waiver review and approval process takes place through the automated system. No paper waiver or class size exception applications are accepted by TEA.  

TEA will continue to make waiver and exception data available to the public through the Waiver Online Report.

If you have general TEAL access questions (not related to the waivers application) or need additional assistance in setting up a TEAL account, please contact computer.access@tea.texas.gov or submit a Help Desk ticket. If you have questions regarding the waiver and exception application process specifically, please contact the State Waivers Unit at (512) 463-9630 or waivers@tea.texas.gov.

A district must submit a request for a class size exception for any classrooms in prekindergarten–fourth grade that exceed the 22-student class size limit (Texas Education Code §25.112). A district seeking an exception must notify the commissioner and apply for the exception no later than the later of (1) October 1 or (2) the 30th day after the first school day the district exceeds the limit. Note: Class size limits do not apply to physical education classes or fine arts classes.

Class size limitations generally apply throughout the school year, with the exceptions noted below:

• Any twelve-week period selected by the district with a significant percentage of migratory children  (25.112(a)(1)), or
• The last twelve weeks of any school year for all other districts

In considering whether to grant an exception, the commissioner must determine that the class size limit creates an undue hardship on the district. The commissioner will consider such factors as unanticipated enrollment growth, lack of facilities, lack of teachers, or financial hardships.  

Please note that an exception granted expires at the end of the school year.

Notifying Parents of an Exception

A campus or district that is granted a class size exception shall provide written notice of the exception to the parent (or person standing in parental relation to) of each student affected by the exception. The notice must be in bold or underlined print and must:

• specify the particular class for which a class size exception was granted,
• state the number of students in the class for which the exception was granted, and
• be delivered through regular mail or other means of communication from the campus or district, such as information sent home with students.

The notice described above must be provided no later than the 31st day after the first day of the school year, or the date the exception is granted, if the exception is granted after the beginning of the school year.  The district must maintain documentation of the notices provided to parents, subject to a request for review by the TEA (TEC §25.113).

A school district that repeatedly fails to comply with class size requirements may be subject to actions under TEC §39A, Subchapter A, Interventions and Sanctions for Districts (TEC §25.112(f)).

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 2026-2027 school year is October 28, 2026.

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 19 Texas Administrative Code (TAC) §89.1205.

Pursuant to 19 TAC §89.1207(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 Texas Education Agency (TEA) 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 TEAL.

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 Texas Education Code (TEC) §28.002
• Minimum graduation requirements under TEC §28.025.

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:

• Emergency Operations Plan (TEC §37.108)
• Facilities Standards (TEC §37.351; 19 TAC §61.1031)
• Operational and Instructional Time for School Safety Training (TEC,§25.0815)
• 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 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 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 TEA waiver submission process through the TEAL system.

• Instructions to Request a Waiver to the TXVSN Course Review Process
• TXVSN Course Review Waiver Request Assurance Statements

Other Miscellaneous

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

Foreign Exchange Student

This waiver allows districts or charter schools to limit the number of foreign exchange students to 5 or more per high school under Texas Education Code (TEC) §25.001 (e). 

• Approval of this waiver is not retroactive and takes effect on the date that the agency approves the application.
• Districts and charter schools must enroll foreign exchange students who arrive or request enrollment prior to the waiver approval date.

Waiver Guidelines and FAQ

• Foreign Exchange Student Waiver Guidelines
• Foreign Exchange Student Waiver FAQ's

Modified Schedule/State Assessment Testing Days

This waiver allows the district or charter school to modify class schedules so that students who are not being tested attend school after the state assessment testing period has ended, reducing interruptions during the testing period. 

Students who are not being tested must still meet the maximum two-through-four-hour requirement for funding (see SAAH 3.6.6 Attendance Accounting during Testing Days).

Staff Development

This waiver allows districts and charter schools to provide staff training on educational strategies designed to improve student performance in place of student instruction during the school year. The waiver provides up to 2,100 total minutes for professional development for districts and charter schools that provide operational and instructional minutes.

Effective with the 2025–2026 school year, districts and open-enrollment charter schools operating on a four-day school week are not eligible to receive a staff development waiver.

Each district and open-enrollment charter school may determine how to apply its approved Staff Development Minutes Waiver. For example, schools may offer early release, late start, full-day staff development, or a combination. However, total staff development waiver minutes may not exceed 2,100 minutes per year.

This waiver applies only to staff development provided in place of student instruction during the school year. Staff Development Minutes Waiver minutes may not be used before the first day of student instruction or after the last day of student instruction.

On staff development days when students attend part of the day, districts and open-enrollment charter school must provide at least 120 minutes of student instruction to receive full ADA funding.

Instructional minutes are defined in the SAAH as the portion of the school day in which instruction takes place, along with certain exceptions. Any waiver minutes reported must reflect actual staff development minutes provided.

Districts and charter schools should continue to provide high-quality staff development that supports improved student outcomes.

Teacher Portal for the Texas Assessment Program Data

TEA provides a teacher portal for assessment data that complies with TEC §32.258.

Districts that choose to meet requirements by providing teacher access through a local student data system must apply for an expedited waiver from TEA. The local data portal must meet the following requirements:

• Be accessible to all teachers in the core subject areas (reading language arts, mathematics, science, and social studies) 
• Allow teachers to view their own students’ assessment data. 
• Allow districts to decide whether to extend access to non-core teachers, while ensuring a valid educational purpose under the Family Educational Rights and Privacy Act (FERPA)
• Include student data for the past 10 years, showing progress in student achievement.
• Make student data available on or before the first instructional day of the following school year
• Allow comparisons of student performance at the classroom, campus, district, and state levels. 
• Include a link to the TEA website for statewide reports (statewide data does not need to be stored locally)
• As a condition of granting a waiver from the state teacher portal, local systems must make all required data available to teachers.

Districts and charter schools that receive this waiver must still provide teacher-student linking information in summer PEIMS submissions. There is no waiver from the PEIMS submission requirement.