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Agenda--September 10-11, 2008

California State Board of Education (SBE) meeting agenda.
State Board Members

Ted Mitchell, President
Ruth Bloom, Vice President
James Aschwanden
Alan Bersin
Yvonne Chan
Don Fisher
Gregory Jones
David Lopez
Kenneth Noonan
Johnathan Williams
Vacant, Student Member

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Debora Merle

Schedule of Meeting

Location

Wednesday, September 10, 2008
9:00 a.m. Pacific Time +

STATE BOARD OF EDUCATION
Closed Session – IF NECESSARY    
(The public may not attend.)

California Department of Education
1430 N Street, Room 1101
Sacramento, California
916-319-0827

The Closed Session (1) may commence earlier than 9:00 a.m.; (2) may begin at or before 9:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 9:00 a.m.

CLOSED SESSION AGENDA

Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation which follows will be considered and acted upon in closed session:

Conference with Legal Counsel – Anticipated Litigation:  Under Government Code sections 11126(e)(1) and (e)(2)(B), the State Board of Education hereby provides public notice that it may meet in closed session to decide whether there is a significant exposure to litigation, and to consider and act in connection with matters for which there is a significant exposure to litigation.  Under Government Code sections 11126(e)(1) and (e)(2)(C), the State Board of Education hereby provides public notice that it may meet in closed session to decide to initiate litigation and to consider and act in connection with litigation it has decided to initiate.

Under Government Code section 11126(c)(14), the State Board of Education hereby provides public notice that it may meet in closed session to review and discuss the actual content of pupil achievement tests (including, but not limited to, the High School Exit Exam) that have been submitted for State Board approval and/or approved by the State Board.

Under Government Code section 11126(a), the State Board of Education hereby provides public notice that it may meet in closed session regarding the appointment, employment, evaluation of performance, or dismissal, discipline, or release of public employees, or a complaint or charge against public employees. Public employees include persons exempt from civil service under Article VII, Section 4(e) of the California Constitution.

Schedule of Meeting

Location

Wednesday, September 10, 2008
9:00 a.m. Pacific Time +
(Upon Adjournment of Closed Session, if held)

STATE BOARD OF EDUCATION

Public Session

California Department of Education
1430 N Street, Room 1101
Sacramento, California
916-319-0827

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

Schedule of Meeting

Location

Thursday, September 11, 2008
8:00 a.m. Pacific time +

STATE BOARD OF EDUCATION
Closed Session – IF NECESSARY    
(The public may not attend.)

California Department of Education
1430 N Street, Room 1101
Sacramento, California
916-319-0827

Please see Closed Session Agenda above. The Closed Session (1) may commence earlier than 8:00 a.m.; (2) may begin at or before 8:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:00 a.m.

Schedule of Meeting

Location

Thursday, September 11, 2008
8:00 a.m. Pacific time +
(Upon Adjournment of Closed Session, if held)

STATE BOARD OF EDUCATION

Public Session

California Department of Education
1430 N Street, Room 1101
Sacramento, California
916-319-0827

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.


ALL TIMES ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE ONLY
ALL ITEMS MAY BE RE-ORDERED TO BE HEARD ON ANY DAY OF THE NOTICED MEETING
THE ORDER OF BUSINESS MAY BE CHANGED WITHOUT NOTICE

Persons wishing to address the State Board of Education on a subject to be considered at this meeting, including any matter that may be designated for public hearing, are asked, but not required, to notify the State Board of Education Office (see telephone/fax numbers below) by noon of the third working day before the scheduled meeting/hearing, stating the subject they wish to address, the organization they represent (if any), and the nature of their testimony. Time is set aside for individuals so desiring to speak on any topic NOT otherwise on the agenda (please see the detailed agenda for the Public Session). In all cases, the presiding officer reserves the right to impose time limits on presentations as may be necessary to ensure that the agenda is completed.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY

Pursuant to the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, any individual with a disability who requires reasonable accommodation to attend or participate in a meeting or function of the California State Board of Education (SBE), may request assistance by contacting the SBE Office, 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone, 916-319-0827; fax, 916-319-0175.


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA

Public Session

September 10-11, 2008
Wednesday, September 10, 2008 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held) 

California Department of Education
1430 N Street, Room 1101
Sacramento, California

Call to Order

Salute to the Flag

CLOSED SESSION

Communications

Announcements

REPORT OF THE SUPERINTENDENT

SPECIAL PRESENTATIONS
Public notice is hereby given that special presentations for informational purposes may take place during this session.

NOTE:  Items not heard or completed on September 10, 2008, may be carried over to September 11, 2008.

 

 

AGENDA ITEMS

Item 1 (DOC; 141KB; 4pp.)
Subject: STATE BOARD PROJECTS AND PRIORITIES.
Including, but not limited to, future meeting plans; agenda items, and officer elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; Board Liaison Reports; and other matters of interest.
Type of Action:  Action, Information


Item 2 (DOC; 71KB; 1p.)
Subject: PUBLIC COMMENT. 
Public comment is invited on any matter not included on the printed agenda.  Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations.
Type of Action:  Information


Item 3 (DOC; 86KB; 5pp.)
Subject: No Child Left Behind (NCLB) Act of 2001: Report on 97 Local Educational Agencies (LEAs) in Program Improvement (PI) Corrective Action.
Type of Action: Action, Information


Item 4 (DOC; 55KB; 1p.)
Subject:  Accountability Progress Reporting (APR) System: Results from the 2008 Growth Academic Performance Index (API), 2008 Adequate Yearly Progress (AYP), and 2008-09 Program Improvement (PI) Reports.
Type of Action: Action, Information


Item 5 (DOC; 73KB; 3pp.)
Subject: Standardized Testing and Reporting (STAR) Program: Update including, but not limited to, Report of 2008 Results, and California Alternate Performance Assessment (CAPA) and California Modified Assessment (CMA) Standard Setting.
Type of Action: Action, Information


Item 6 (DOC; 61KB; 2pp.)
Subject: Standardized Testing and Reporting (STAR) Program: Communication Plan.
Type of Action: Action, Information


Item 7 (DOC; 95KB; 2pp.)
Subject: Standardized Testing and Reporting (STAR) Program: Two-Year Extension of Educational Testing Service (ETS) Contract.
Type of Action: Action, Information


Item 8 (DOC; 251KB; 27pp.)
Subject:  Appeal of a decision of the Santa Clara County Committee on School District Organization (County Committee) denying a petition to transfer territory from the Moreland School District (SD) and the Campbell Union High School District (UHSD) to the Cupertino Union School District (USD) and the Fremont UHSD in Santa Clara County. (Brookview Neighborhood)
Type of Action: Action, Information


Item 9 (DOC; 81KB; 8pp.)
Subject: Antelope Valley Desert Montessori Charter School (AVDMCS): Appeal of Revocation of Charter by Gorman Joint School District (GJSD).
Type of Action: Action, Information


Item 10 (DOC; 64KB; 2pp.)
Subject:  English Learner Advisory Committee (ELAC): Approve the ELAC Candidates Proposed by the State Board of Education’s (SBE’s) Screening Committee.
Type of Action: Action, Information


Item 11 (DOC; 63KB; 2pp.)
Subject: Conversion Charter School General-Purpose Funding in Lieu Rate: Update on Drafting Proposed Regulations.
Type of Action:  Action, Information


Item 12  (DOC; 74KB; 3pp.)
Subject:  High-Performing District Waiver Policy: Criteria and process for development of a State Board of Education (SBE) policy to provide flexibility within the Education Code (EC) for districts meeting board adopted criteria
Type of Action:  Action, Information


Item 13 (DOC; 303KB; 57pp.)

Item 13 Revised Attachment 1 (Revised 03-Oct-2008; DOC; 167KB; 1p.)
Revised attachment 1 from previous attachment in Item 13.

Subject: Nonpublic School and Agency Certification: Approve Commencement of 15-Day Comment Period for Proposed Changes to Title 5 of the California Code of Regulations (CCR), sections 3001 et seq.
Type of Action: Action, Information


Thursday, September 11, 2008 – 8:00 a.m.± Pacific Time
(Upon adjournment of Closed Session if held)

California Department of Education
1430 N Street, Room 1101
Sacramento, California

Call to Order

Salute to the Flag

CLOSED SESSION

Approval of Minutes from June 16, 2008 & July 9-10, 2008

Communications

Announcements

REPORT OF THE SUPERINTENDENT (unless presented on the preceding day)

ITEMS DEFERRED FROM PRECEDING DAY:
Any matters deferred from the previous day’s session may be considered.

 

AGENDA ITEMS

***PUBLIC HEARING***

Public Hearings on the following agenda items will commence no earlier than 9:30 a.m. on September 11, 2008.  The Public Hearings will be held as close to 9:30 a.m. as the business of the State Board permits.

Item 14 (DOC; 1087KB; 122pp.)
Subject: High Tech High (HTH) Statewide Benefit Charter School Request for Material Amendment.
Type of Action: Action, Information, Public Hearing

Item 15 (DOC; 107KB; 4pp.)
Subject:  Draft Physical Education Framework for California Public Schools, Kindergarten through Grade Twelve (Physical Education Framework): Public Hearing and Adoption.
Type of Action: Action, Information, Public Hearing

***END OF PUBLIC HEARING***


Item 16 (DOC; 66KB; 3pp.)
Subject:  U.S. Department of Education (ED) Peer Review of Standards and Assessment: Update of Peer Review Results, including but not limited to action taken by the State Board of Education (SBE) in July 2008 related to mathematics in grade 8.
Type of Action: Action, Information


Item 17 (DOC; 61KB; 2pp.)
Subject: California High School Exit Examination (CAHSEE):  Update Including, but not limited to, the 2007-2008 test administrations and the release of summary test results.
Type of Action: Action, Information


Item 18 (DOC; 64KB; 2pp.)
Subject: California English Language Development Test (CELDT): Program Update including, but not limited to, Kindergarten to Grade 1 (K-1) Early Literacy Assessment, Data Analysis and Use workshops, and Initial Identification and Combined Results for 2007-08.
Type of Action: Action, Information


Item 19 (DOC; 152KB; 10pp.)
Subject: Update on issues related to California’s implementation of No Child Left Behind (NCLB) and other federal programs.
Type of Action: Action, Information


Item 20 (DOC; 58KB; 2pp.)
Subject: Legislative update, including, but not limited to information on legislation from the 2007-08 session.
Type of Action: Action, Information


Item 21 (DOC; 297KB; 10pp.)
Subject: State Board of Education (SBE)-Approved Charter Schools: Update.
Type of Action: Action, Information


Item 22 (DOC; 56KB; 2pp.)
Subject: No Child Left Behind Act of 2001: Approve Local Educational Agency (LEA) Plans, Title I, Section 1112.
Type of Action: Action, Information


Item 23 (DOC; 233KB; 6pp.)
Subject: No Child Left Behind Act of 2001: Supplemental Educational Services (SES) Providers; removal from 2005-2007 and 2006-2008 approved lists for failure to submit the 2006-07 End-of-Fiscal-Year (EOFY) Report.
Type of Action: Action, Information


Item 24 (DOC; 68KB; 3pp.)
Subject: Consolidated Applications (ConApps) 2007-08: Approval.
Type of Action: Action, Information


Item 25 (DOC; 2,017KB; 32pp.)
Subject: Consolidated Applications (ConApps) 2008-09: Approval.
Type of Action: Action, Information


Item 26 (DOC; 73KB; 5pp.)
Subject: State Instructional Material Fund – Approve Tentative Encumbrances and Allocations for Fiscal Year 2008-09.
Type of Action: Action, Information


Item 27 (DOC; 61KB; 3pp.)
Subject: Assignment of Numbers for Charter School Petitions.
Type of Action: Action, Information


Item 28 (DOC; 89KB; 5pp.)
Subject:  Charter School Funding Determination Requests for 2007-09.
Type of Action: Action, Information


Item 29 (DOC; 77KB; 2pp.)
Subject: The Administrator Training Program (ATP), Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of training Providers and Training Curriculum.
Type of Action: Action, Information


Item 30 (DOC; 59KB; 3pp.)
Subject: Mathematics and Reading Professional Development Program (MRPDP), Senate Bill 472 (Chapter 524, Statutes of 2006): Approval of Training Providers and Training Curricula.
Type of Action: Action, Information


Item 31 (DOC; 242KB; 11pp.)
Subject: Mathematics and Reading Professional Development Program (MRPDP), Senate Bill 472 (Chapter 524, Statutes of 2006): Approve Applications from Local Educational Agencies (LEAs).
Type of Action: Action, Information


Item 32 (DOC; 66KB; 3pp.)
Subject: Mathematics and Reading Professional Development Program (MRPDP), Senate Bill 472 (Chapter 524, Statutes of 2006): Appointment of New Members to Review Panel for the Review of English Language Arts Curriculum and Providers.
Type of Action: Action, Information


Item 33 (DOC; 250KB; 26pp.)
Subject: Gifted and Talented Education (GATE): Approval of Applications for Funding from Local Educational Agencies (LEAs).
Type of Action: Action, Information


Item 34 (DOC; 58KB; 2pp.)
Subject: Advisory Commission on Special Education (ACSE): Approve the ACSE Candidates Proposed by the State Board of Education’s (SBE’s) Screening Committee.
Type of Action: Action, Information


WAIVER REQUEST CONSENT MATTERS

The following agenda items include waivers and other administrative matters that California Department of Education (CDE) staff have identified as having no opposition and presenting no new or unusual issues requiring the State Board's attention.

Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)

Item WC-1 (DOC; 70KB; 2pp.)
Subject: Request by Colusa Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).
Waiver Number: Fed-12-2008
(Recommended for APPROVAL)
Type of Action: Action

Item WC-2 (DOC; 71KB; 2pp.)
Subject: Request by Fort Bragg Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).
Waiver Number: Fed-14-2008
(Recommended for APPROVAL)
Type of Action: Action

Item WC-3 (DOC; 71KB; 2pp.)
Subject: Request by Summerville Union High School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).
Waiver Number: Fed-15-2008
(Recommended for APPROVAL)
Type of Action: Action


Federal Program Waiver (Safe and Drug Free Schools)

Item WC-4 (DOC; 76KB; 3pp.)
Subject: Request by Castro Valley Unified School District to waive No Child Left Behind Act (NCLB); Title IV, Part A, Section 4115(a)(1)(c) to use Safe and Drug Free Schools and Communities funds to support the cost of Soul Shoppe – a Comprehensive Health, Substance Abuse, Violence Prevention Program.
Waiver Number: Fed-16-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action

School Site Council Statute (Shared School Site Council)

Item WC-5 (DOC; 71KB; 2pp.)
Subject: Request by Plumas County Office of Education under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one joint school site council to function for three small alternative schools: Plumas County Community School, Plumas Opportunity School, and Portola Opportunity School.
Waiver Number: 3-7-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action

Item WC-6 (DOC; 70KB; 2pp.)
Subject: Request by Del Norte County Office of Education under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one joint school site council to function for five small schools: Bar-O School, Elk Creek School, Del Norte County Community Day  School  for K-6, Del Norte County Community Day School for 7-12 and McCarthy Center.
Waiver Number: 13-7-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Special Education Program (Non Public Agency (NPA or School (NPS) Annual Renewal of Certification)

Item WC-7 (DOC; 68KB; 2pp.)
Subject: Request by Claremont Unified School District under the authority of California Education Code (EC) Section 56101 to waive EC Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Oxford Consulting Services, a Nonpublic Agency (NPA).
Waiver Number: 23-6-2008
(Recommended for APPROVAL)
Type of Action: Action


Special Education Program (Resource Teacher Caseload)

Item WC-8 (DOC; 70KB; 2pp.)
Subject: Request by Saratoga Union Elementary School District under the authority of California Education Code (EC) Section 56101 and California Code of Regulations, Title 5 (5 CCR), Section 3100 to waive EC Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 14 students by no more than 2 students (16 maximum). Julie Paolini, assigned at Saratoga Elementary School.
Waiver Number: 20-5-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


NON-CONSENT (ACTION)

The following agenda items include waivers and other administrative matters that CDE staff have identified as having opposition, being recommended for denial, or presenting new or unusual issues that should be considered by the State Board. On a case by case basis public testimony may be considered regarding the item, subject to the limits set by the Board President or by the President's designee; and action different from that recommended by CDE staff may be taken.

Charter School Program (Attendance Accounting for Multi-Track)

Item W-1(DOC; 77KB; 3pp.)
Subject: Request by Alameda County Office of Education for Families of Alameda for Multi-Cultural/Multi-Lingual Education (FAME) Public Charter School to waive California Code of Regulations (CCR) Title 5, Section 11960(a), to allow the charter school attendance to be calculated as if it were a regular multi-track school for the 2005-06 fiscal year.
Waiver Number: 12-7-2008
(Recommended for APPROVAL)
Type of Action: Action


Charter School Program (Economic Impact Aid)

Item W-2 (DOC; 73KB; 3pp.)
Subject: Request by Butte County Office of Education for CORE Butte Charter School to waive portions of California Education Code (EC) Section 54026(a)(2)(B) to allow a revision to the first principal apportionment report (P-1) for the 2007-08 school year, so that the charter may receive funding for economically disadvantaged pupils who were served in that year.
Waiver Number: 12-6-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Community Day Schools (CDS) (Collocate Facilities)

Item W-3 (DOC; 76KB; 3pp.)
Subject: Request by Lemoore Union High School District for a renewal waiver of California Education Code (EC) Section 48661(a) to permit the collocation of a community day school (CDS), Gunlacker CDS, on the same site as a small necessary continuation high school, Yokuts High School.
Waiver Number: 10-6-2008
(Recommended for APPROVAL) EC 33051(c) will apply
Type of Action: Action

Item W-4 (DOC; 82KB; 4pp.)
Subject: Request by New Haven Unified School District for a renewal waiver of California Education Code (EC) Section 48661(a) to permit the collocation of a non-public school for students with disabilities, Spectrum Center and a mid-year kindergarten class on the same site (Cabello Student Support Center) as a community day school.
Waiver Number: 8-7-2008 and 9-7-2008
(Recommended for APPROVAL) EC 33051(c) will apply
Type of Action: Action


Community Day Schools (CDS) (Commingle Grade Levels)

Item W-5 (DOC; 71KB; 2pp.)
Subject: Request by Inyo County Office of Education for a waiver of portions of California Education Code (EC) sections 48660 and 48916.1(d) to permit a community day school (CDS) to serve students in grade six with students in grades seven through twelve.
Waiver Number: 23-5-2008
(Recommended for APPROVAL) EC 33051(c) will apply
Type of Action: Action


Employment - Retirement System

Item W-6 (DOC; 72KB; 2pp.)
Subject: Request by Saddleback Valley Unified School District (VUSD) to waive California Education Code (EC) Section 45134(c), to allow the employment of a State Teachers Retirement System retiree as a classified school food service assistant.
Waiver Number: 9-6-2008
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(c) will apply
Type of Action: Action


Federal Program Waiver (Safe and Drug Free Schools)

Item W-7 (DOC; 70KB; 2pp.)
Subject: Request by Irvine Unified School District to waive No Child Left Behind (NCLB); Title IV, Part A, Section 4115 (a)(1)(c) to use Safe and Drug Free Schools and Communities funds to support the cost of  The Great Body Shop - A multi-media approach to teaching life skills and prevention of drug and alcohol abuse and violence program for Pre-kindergarten through the sixth grade.
Waiver Number: Fed-13-2008
(Recommended for DENIAL)
Type of Action: Action


Grade 9 CSR Program (Morgan-Hart) (Number of Classes under the Program)

Item W-8 (DOC; 77KB; 3pp.)
Subject: Request by Elk Grove Unified School District to waive California Education Code (EC) Section 52084(a), the Grade Nine Class Size Reduction Program (Morgan-Hart), to receive funding for a full year, double period of English 9/English Intervention and a full year, double period of Algebra I/Algebra Intervention for targeted low-performing students (four courses total).
Waiver Number: 16-6-2008
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(c) will apply
Type of Action: Action


Instructional Material Restructuring Program Funds (IMFRP) (Petition to Purchase Non-adopted Materials)

Item W-9 (DOC; 70KB; 2pp.)
Subject: Request by Palos Verdes Peninsula Unified School District under California Education Code (EC) sections 60421(d) and 60200(g) to purchase specified non-adopted instructional materials (Everyday Mathematics, kindergarten and grades one through five) using Instructional Materials Funding Realignment Program (IMFRP) monies.
Waiver Number: 24-5-2008
(Recommended for APPROVAL)
Type of Action: Action


Instructional Material Restructuring Program Funds (IMFRP)

Item W-10 (DOC; 74KB; 3pp.)
Subject: Request by Banning Unified School District under the authority of California Education Code (EC) Section 60422(c)(1) through (3) to waive EC Section 60422(a), the “24 month rule”, for purchase of instructional materials after the adoption of a new list by the State Board of Education. Request is to delay the adoption of materials in science (kindergarten through grade twelve only) for 12 additional months.
Waiver Number: 4-7-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action

Item W-11 (DOC; 84KB; 4pp.)
Subject: Request by Dinuba Unified School District under the authority of California Education Code (EC) Section 60422(c)(1) through (3) to waive EC Section 60422(a), the "24 month rule", for purchase of instructional materials after the adoption of a new list by the State Board of Education. Request is to delay the adoption of materials in math (kindergarten through grade five only) for 12 additional months.
Waiver Number: 20-6-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action

Item W-12 (DOC; 77KB; 3pp.)
Subject: Request by Saddleback Valley Unified School District under the authority of California Education Code (EC) Section 60422(c)(1) through (3) to waive EC Section 60422(a), the "24 month rule", for purchase of instructional materials after the adoption of a new list by the State Board of Education. The request is to delay the adoption of materials in Mathematics (kindergarten through grade six) and English/Language Arts (kindergarten through grade eight) for 12 additional months.
Waiver Number: 19-6-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Instructional Time Requirement Audit Penalty (Below 1982-83 Base)

Item W-13 (DOC; 80KB; 3pp.)
Subject: Request by Fontana Unified School District under the authority of California Education Code (EC) Section 46206 to waive (EC) Section 46201(b), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2006-07 fiscal year than the amount the district offered in 1982-83 at Alder Middle School for students in grades seven through eight (shortfall of 90 minutes).
Waiver Number: 45-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Instructional Time Requirement Audit Penalty (Below 1982-83 Base)

Item W-14 (DOC; 79KB; 3pp.)
Subject: Request by Tracy Unified School District under the authority of California Education Code (EC) Section 46206 to waive (EC) Section 46202(b), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2006-07 fiscal year than what the district offered in 1982-1983 at Art Freiler School for students in grades four through five (shortfall of 76 minutes).
Waiver Number: 8-4-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Instructional Time Requirement Audit Penalty (Longer Day and Year - District)

Item W-15 (DOC; 77KB; 3pp.)
Subject: Request by Palmdale Elementary School District under the authority of California Education Code (EC) Section 46206 to waive EC Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2006-07 fiscal year than the state minimum set in 1986-87 at Barrel Springs Elementary in Kindergarten (shortfall of 3,650 minutes); Cimarron Elementary in Kindergarten (shortfall of 3,780 minutes); Tamarisk Elementary in Kindergarten (shortfall of 3,600 minutes) and Tumbleweed Elementary in Kindergarten (shortfall 3,650 minutes).
Waiver Number: 40-4-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Instructional Time Requirement Audit Penalty (Longer Day and Year - District)

Item W-16 (DOC; 75KB; 3pp.)
Subject: Request by Pasadena Unified School District under the authority of California Education Code (EC) Section 46206, to waive (EC) Section 46201 (d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2005-06 and 2006-07 fiscal years than the state minimum set in 1986-87 at Don Benito Elementary School for Kindergarten (shortfall of 1,260 minutes in 2005-06 and 925 minutes in 2006-07).
Waiver Number: 42-4-2008 and 44-4-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Sale or Lease of Surplus Property (Sale of Surplus Property)

Item W-17 (DOC; 80KB; 4pp.)
Subject: Request by Galt Joint Union High School District to waive portions of the California Education Code (EC) sections 17466, 17472, and 17475 and all of 17473 and 17474, specific statutory provisions for the Sale and Lease of Surplus Property. Approval of the waiver would allow the district to sell a piece of property using a broker and a “request for proposal” process, thereby maximizing the proceeds from the sale. The property for which the waiver is requested is located in an unincorporated area of San Joaquin County near Woodson Road and Collier Road.
Waiver Number: 16-5-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


School Construction Bonds (Bond Indebtedness Limit - Non Unified)

Item W-18 (DOC; 80KB; 3pp.)
Subject: Request by El Monte City Elementary School District to waive California Education Code (EC) Section 15268, to allow the district to exceed its bonding limit of 1.25 percent of the taxable assessed value of property. (Requesting 1.43 percent)
Waiver Number: 17-6-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


School Site Council Statute (Number and Composition of Members)

Item W-19 (DOC; 68KB; 2pp.)
Subject: Request by Del Norte County Unified School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, to allow a reduction in the number and type of members required for each school site council for two small elementary schools (Margaret Keating and Mountain Elementary).
Waiver Number: 27-6-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action

Item W-20 (DOC; 68KB; 2pp.)
Subject: Request by Lindsay Unified School District under the authority of California Education Code (EC) Section 52863 for a renewal waiver of EC Section 52852, to allow a reduction in the number and type of members required for a school site council for a small continuation high school (Cairns Continuation High School).
Waiver Number: 2-6-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Special Education Program (Algebra I Requirement for Graduation)

Item W-21 (DOC; 72KB; 3pp.)
Subject: Request by Rocklin Unified School District to waive California Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2007-08 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for four special education students based on EC Section 56101, the special education waiver authority.
Waiver Number: 5-6-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item W-22 (DOC; 76KB; 3pp.)
Subject: Request by Lemoore Union High School District to waive California Code of Regulations, Title 5 (5 CCR), Section 3051.16(b)(1) and (2), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2008, to allow Gayle Tackett to continue to provide services to students until June 30, 2009, under a remediation plan to complete those minimum qualifications.
Waiver Number: 11-6-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Special Education Program (Resource Teacher Caseload)

Item W-23 (DOC; 90KB; 3pp.)
Subject: Request by Clovis Unified School District SELPA under the authority of California Education Code (EC) Section 56101 and California Code of Regulations Title 5 (5 CCR), Section 3100  to waive EC 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than 4 students (32 maximum).  Lucricia Chechak  assigned at Fugman Elementary School, June Weber assigned at Fancher Creek Elementary School, Michelle Hill-Kusch assigned at Bud Rank and Copper Elementary Schools, Linda Gillis assigned at Dry Creek Elementary School, and Kathy Nation assigned at Pinedale Elementary School.
Waiver Number: 3-6-2008
(Recommended for APPROVAL)
Type of Action: Action


State Testing Apportionment Report

Item W-24 (DOC; 70KB; 2pp.)
Subject: Request by ten local educational agencies (LEA) to waive the State Testing Apportionment Information Report deadline of December 31st in the California Code of Regulations (CCR), Title 5, Section 11517.5(b)(1)(A) regarding the California English Language Development Test (CELDT), or CCR Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination (CAHSEE), or CCR, Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program (STAR).
Waiver Numbers: see attached list for specific school districts.
(Recommended for APPROVAL)
Type of Action: Action


Teacher Evaluation and Assessment (Extend probation to third year)

Item W-25
Subject: Request by San Francisco Unified School District for a waiver of California Education Code (EC) Section 44929.21(b) to allow the extension of the March 15, 2008 non-reelection date for one certificated probationary teacher for a third year.
Waiver Number: 24-6-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


***ADJOURNMENT OF DAY’S SESSION***

***ADJOURNMENT OF MEETING***

 


For more information concerning this agenda, please contact the State Board of Education at 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone 916-319-0827; fax 916-319-0175. To be added to the speaker’s list, please fax or mail your written request to the above-referenced address/fax number. This agenda is posted on the State Board of Education’s Web site [http://www.cde.ca.gov/be/ag/ag/].

Questions: State Board of Education | 916-319-0827 
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