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Agenda--May 10-11, 2006

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

Glee Johnson, President
Kenneth Noonan, Vice President

Alan Bersin
Ruth Bloom
Yvonne Chan
Don Fisher
Ruth E. Green
Joe Nuñez
Johnathan Williams
Paul Gardner, III, Student Member

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Roger Magyar

SCHEDULE OF MEETING LOCATION

Wednesday, May 10, 2006
9:00 a.m. ±

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

Under Government Code section 11126(e)(1), 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, as necessary and appropriate, in closed session:

  • Brian Ho, et al., v. San Francisco Unified School District, et al., United States District Court, Northern District of California, Case No. C-94-2418 WHO
  • California Association of Private Special Education Schools, et al., v. California Department of Education, et al., Los Angeles County Superior Court, Case No. BC272983, and related appeal
  • California Parents for the Equalization of Educational Materials v. California State Board of Education, et al. U.S. Eastern District of California, Case No.  2:06-CV-00532-FCD-KJM
  • Californians for Justice Education Fund v. State Board of Education, et. al., Alameda County Superior Court Case No. RG06265395
  • CAPSES, et al. v. Cal. Dept. of Education, et. al., Second Appellate District Court of Appeal Case No.  B181843
  • Centinela Valley Union High School District v. State Board of Education, et al., Los Angeles Superior Court, Case No. BS093483
  • Chapman, et al. v. California Department of Education, et al., Alameda County Superior Court, Case No. 2002-049636
  • Chapman, et al. v. California Department of Education, et al., United States District Court, Northern District of California, Case No. C-01-1780 BZ
  • Coachella Valley Unified School District, et.al., v. State of California, et.al. Case No. CPF-05-505334
  • Daniel, et al. v. State of California, et al., Los Angeles Superior Court, Case No. BC214156
  • Donald Urista, et al. v. Torrance Unified School District, et al., United States District Court, Central District of California, No. 97-6300 ABC
  • Emma C., et al. v. Delaine Eastin, et al., United States District Court, Northern District of California, Case No. C 96 4179
  • EMS-BP, LLC, Options for Youth Burbank, Inc. et al. v. California Department of Education, et al., Sacramento County Superior Court, Case No. 03CS01078 / 03CS01079 and related appeal
  • Ephorm, et al. v. California Board of Education, et al., Los Angeles Superior Court, Case No. TC013485
  • Hindu American Foundation, et al., v. California State Board of Education, et al., Sacramento Superior Court Case No. 06CS00386
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C 05 4077 MMC
  • Kidd, et al.,  v. California Department of Education, et al., Alameda Superior Court Case No. 2002049636
  • Maureen Burch, et al. v. California State Board of Education, Los Angeles County Superior Court, Case No. BS034463 and related appeal
  • McNeil v. State Board of Education, San Mateo County Superior Court, Case No. 395185
  • Medina, et al.,  v. State of California Department of Education et al.,  San Francisco Superior Court Case No. CPF-06-506068
  • Meinsen, et al. v. Grossmont Unified School District, et al., U.S. District Court, Southern District of California, Case No. C 96 1804 S LSP (pending)
  • Options for Youth, et al., v. California Department of Education, et al., Los Angeles Superior Court Case No. BC 347454
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • Roxanne Serna, et al., v. Delaine Eastin, State Superintendent of Public Instruction, et al., Los Angles County Superior Court, Case No. BC174282
  • San Francisco NAACP v. San Francisco Unified School District, et al., United States District Court, Northern District of California, Case No. 78-1445 WHO
  • San Mateo-Foster City School District, et al., v. State Board of Education, San Mateo County Superior Court, Case No. 387127
  • San Rafael Elementary School District v. State Board of Education, et al., Sacramento County Superior Court, Case No. 98-CS01503 and related appeal
  • Sonoma County Superintendents of Schools, et. al. v. Special Education Hearing Office, et.al.  Sacramento County Superior Court, Case No. 04AS0393
  • Valenzuela, et al.,  v. Jack O’Connell, et al., San Francisco Superior Court, Case No. CPF 06506050
  • Tinsley v. State of California, San Mateo County Superior Court, Case No. 206010
  • Wilkins, et al., v. California Board of Education, et al., Los Angeles Superior Court, Case No. TC014071
  • Williams, et al. v. State of California, et al., San Francisco Superior Court, Case No. 312236
  • Wilson, et al. v. State Board of Education, et al., Los Angeles Superior Court, Case No. BC254081

Under Government Code section 11126(e)(2), the State Board of Education hereby provides public notice that it may meet in closed session to determine whether, based on existing facts and circumstances, any matter presents a significant exposure to litigation [see Government Code section 11126(e)(2)(B)(ii)] and, if so, to proceed with closed session consideration and action on that matter, as necessary and appropriate [see Government Code section 11126(e)(2)(B)(i)]; or, based on existing facts and circumstances, if it has decided to initiate or is deciding whether to initiate litigation [see Government Code section 11126(e)(2)(C)].

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 of employees exempt from civil service under Article VII, Section 4(e) of the California Constitution.


SCHEDULE OF MEETING LOCATION

Wednesday, May 10, 2006
9:00 a.m. ± (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, May 11, 2006
8:00 a.m. ±

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, May 11, 2006
8:00 a.m. ± (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 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
Public Session

AGENDA

May 10-11, 2006

Wednesday, May 10, 2006 – 9:00 a.m. ± (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

Approval of Minutes (meetings from March and April 2006)

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 May 10, 2006, will be carried over to May 11, 2006.

ITEM 1 (DOC; 152KB; 7pp.)

STATE BOARD PROJECTS AND PRIORITIES.

Including, but not limited to, future meeting plans; agenda items; 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

ACTION INFORMATION

 

ITEM 2 (DOC; 57KB; 1pp.)

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

INFORMATION

 

ITEM 3 (DOC; 79KB; 2pp.)

Standardized Testing and Reporting Program: Including, but not limited to, program update

ACTION INFORMATION

 

ITEM 4 (DOC; 250KB; 52pp.)

Standardized Testing and Reporting Program: Approve Commencement of Rulemaking Process to Amend Title 5 Regulations

ACTION INFORMATION

 

ITEM 5 (DOC; 69KB; 3pp.)

Independent Evaluation of Standards and Assessment Program Request for Proposals

ACTION INFORMATION

***PUBLIC HEARING***

Public Hearing on the following agenda items will commence no earlier than 11:00 a.m. The Public Hearing will be held at or after 11:00 a.m. as the business of the State Board permits.

ITEM 6 (DOC; 117KB; 6pp.)

Standardized Testing and Reporting Program: The adoption of performance standards for the Grade Eight California Standards Test in Science and the Grade Ten California Standards Test in Life Science

ACTION

INFORMATION

PUBLIC HEARING

***END OF PUBLIC HEARING***

ITEM 7 (DOC; 164KB; 6pp.)

California High School Exit Examination: Including, but not limited to, California High School Exit Examination program update

ACTION

INFORMATION

 

ITEM 8 (DOC; 132KB; 15pp.)

California High School Exit Examination: Adopt Amendments to Title 5 California Code of Regulations

ACTION INFORMATION

 

ITEM 9 (DOC; 94KB; 5pp.)

California High School Exit Examination: Review Local Educational Agency denial of exemption for certain students under California Education Code 60852.3

ACTION

INFORMATION

 

ITEM 10 (DOC; 67KB; 2pp.)

California English Language Development Test: Including, but not limited to, update on California English Language Development Test

ACTION INFORMATION

 

ITEM 11 (DOC; 89KB; 9pp.)

Physical Fitness Test (PFT): Approve Commencement of 15-Day Comment Period for Proposed Amendments to Title 5 Regulations

ACTION INFORMATION

 

ITEM 12 (DOC; 60KB; 3pp.)

Alternative Schools Accountability Model: Approve Regulation Revision for the Alternative Schools Accountability Model Pre-Post Assessments

Action

Information

 

ITEM 13 (DOC; 62KB; 2pp.)

2006 Base Academic Performance Index: Subgroup Target Structure

Action

Information

 

ITEM 14 (DOC; 56KB; 2pp.)

School Accountability Report Card: Improving the Readability of the Template and Data Definitions for the 2006-07 School Year

Action

Information

 

ITEM 15 (DOC; 53KB; 1p.)

California Longitudinal Pupil Achievement Data System Overview

Action

Information

 

ITEM 16 (DOC ; 1.4MB; 8pp.)

California Technology Assistance Project Grants: Including, but not limited to, approval of the Mid-Year California Technology Assistance Project Summary Evaluation Report for the period of July 1, 2005, to December 31, 2005.

Action

Information

 

ITEM 17 (DOC; 72KB; 4pp.)

Consolidated Applications: Update on local educational agencies that received conditional approval

Action

Information

 

ITEM 18 (DOC; 56KB; 2pp.)

Consolidated Applications 2005-06: Approval

Action

Information

 

ITEM 19 (DOC; 62KB; 2pp.)

No Child Left Behind Act of 2001: Approve Local Educational Agency Plans, Title 1, Section 1112

ACTION INFORMATION

 

ITEM 20 (DOC; 169KB; 18pp.)

No Child Left Behind (NCLB) Act of 2001 Title III, Part A:  Response to the U.S. Department of Education Monitoring Report, Submission

ACTION INFORMATION

 

ITEM 21 (DOC; 148KB; 18pp.)

Reading First: Regulations – Approve Proposed Amendments to Regulations for Reading First Achievement Index/Definition of Significant Progress

ACTION INFORMATION

 

ITEM 22 (DOC; 67KB; 3pp.)

Reading First: Proposed Round 4 Grant Awards

ACTION INFORMATION

 

ITEM 23 (DOC; 60KB; 3pp.)

Mathematics and Reading Professional Development Program, Assembly Bill 466 (Chapter 737, Statutes of 2001): Approval of Training Providers and Training Curricula

ACTION INFORMATION

 

ITEM 24 (DOC; 194KB; 9pp.)

Mathematics and Reading Professional Development Program,  Assembly Bill 466 (Chapter 737, Statutes of 2001): Approve Reimbursement Requests from Local Educational Agencies

ACTION INFORMATION

 

ITEM 25 (DOC; 72KB; 5pp.)

The Principal Training Program, Assembly Bill 75 (Chapter 697, Statutes of 2001): Approval of Applications for Funding from Local Educational Agencies and Consortia

ACTION INFORMATION

 

ITEM 26 (DOC; 88KB; 6pp.)

Legislative update, including, but not limited to, information on legislation from the 2005-06 session.

ACTION INFORMATION

 

ITEM 27 (DOC; 99KB; 4pp.)

Immediate Intervention/Underperforming Schools Program: School Assistance and Intervention Team: Request to Approve Amended Expenditure Plans to Reduce Cost

ACTION INFORMATION

 

ITEM 28 (DOC; 72KB; 4pp.)

High Priority Schools Grant Program (HPSGP): Amend Definition of Significant Growth and Criteria to Determine Academic Growth for HPSGP Schools Without a Valid Academic Performance Index: Approve Regulations to Commence with Rulemaking Process

ACTION

INFORMATION

 

ITEM 29 (DOC; 62KB; 2pp.)

Braille Reading Standards, Assembly Bill 2326 (Chapter 653, Statutes of 2002) and Braille Mathematics Standards, Assembly Bill 897 (Chapter 530, Statutes of 2005): Adoption of Braille Reading and Mathematics Standards

ACTION INFORMATION

ADJOURNMENT OF DAY’S SESSION

Thursday, May 11, 2006 – 8:00 a.m.± (Upon adjournment of Closed Session if held)
California Department of Education, 1430 N Street, Room 1101, Sacramento, California

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.

CLOSED SESSION

The State Board of Education will also consider and take action as appropriate on the following agenda items:

ITEM 30 (DOC; 93KB; 3pp.)

State Board of Education-Approved Charter Schools: Update

ACTION INFORMATION

 

ITEM 31 (DOC; 91KB; 2pp.)

Assignment of Numbers for Charter School Petitions

ACTION INFORMATION

 

ITEM 32 (DOC; 161KB; 7pp.)

Charter Schools: Determination of Funding Requests for 2005-06 (and beyond) for Nonclassroom-based Charter Schools

ACTION INFORMATION

 

ITEM 33 (DOC; 145KB; 6pp.)

Academy of Culture and Technology: Approve a Notice to Cure Pursuant to Education Code Section 47607(d)

Action

Information

***PUBLIC HEARING***

Public Hearing on the following agenda items will commence no earlier than 10:00 a.m. The Public Hearing will be held at or after 10:00 a.m. as the business of the State Board permits.

ITEM 34 (DOC; 14963KB; 146pp.)

School of Arts and Enterprise: Renewal of Charter Under State Board of Education Oversight for a Five-Year Period

ACTION INFORMATION

PUBLIC HEARING

***END OF PUBLIC HEARING***

ITEM 35 (DOC; 134KB; 5pp.)

Regional Occupational Program or Center: Action on Request by San Joaquin County Office of Education to Establish a Second Regional Occupational Program or Center with Conditions

ACTION INFORMATION

 

ITEM 36 (DOC; 57KB; 2pp.)

Before and After School Programs: Confirm a California Department of Education Staff Member to Serve as Consultant to the Advisory Committee on Before and After School Programs.

ACTION INFORMATION

 

ITEM 37 (DOC; 136KB; 16pp.)

California Fresh Start (CFS) Pilot Program, Senate Bill (SB) 281 (Maldonado) Regulations - 1) Adopt Proposed Amendments to Regulations, and 2) Approve Commencement of 15-Day Comment Period.

ACTION INFORMATION

 

ITEM 38 (DOC; 1351KB; 4pp.)

Request by the Los Angeles Unified School District (LAUSD) Regarding Education Code (EC) sections 17515-17526, Joint Public/Private Occupancy Proposal, Allowing the LAUSD and the Los Angeles Community Design Center (LACDC) to Enter Into Leases and Agreements Relating to Real Property and Buildings to be Used Jointly by the District and Los Angeles Community Design Center.   

ACTION INFORMATION

 

ITEM 39 (DOC; 117KB; 11pp.)

Chief Business Officer Training Program – Approve Training Providers

ACTION INFORMATION

 

ITEM 40 (DOC; 73KB; 4pp.)

Request for repeal of seven State Board of Education Waiver Policies. These policies have become unnecessary through legislative or funding changes or other circumstances that have rendered the need for an obsolete policy.

ACTION INFORMATION

WAIVER REQUEST CONSENT MATTERS

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

ADULT EDUCATION STATE BLOCK ENTITLEMENT

ITEM WC-1 (DOC; 73KB; 4pp.)

Request by Downey Unified School District (USD) to waive Education Code (EC) Section 52522(b) to increase from 5 percent to 7 percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Waiver Number: 12-1-2006

(Recommended for APPROVAL WITH CONDITONS)

EC 33051(c) will apply

ACTION

REGIONAL OCCUPATIONAL PROGRAM

ITEM WC-2 (DOC; 60KB; 2pp.)

Request by North Orange County Regional Occupational Program (ROP) for a renewal waiver of Education Code (EC) Section 52314.6(a) regarding the three percent limit on enrollment of students under the age of 16 in the ROP.

Waiver Number: 44-2-2006

(Recommended for APPROVAL WITH CONDITONS)

EC 33051(c) will apply

ACTION

 

ITEM WC-3 (DOC; 61KB; 2pp.)

Request by Southeast Regional Occupational Program (ROP) for a waiver of Education Code (EC) Section 52314.6(a) regarding the 3 percent limit on enrollment of students under the age of 16 in the ROP.

Waiver Number: 36-3-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

RESOURCE SPECIALIST

ITEM WC-4 (DOC; 62KB; 2pp.)

Request by Susanville School District to waive Education Code (EC) Section 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). Susanne Cooper assigned at McKinley School.

Waiver Number: 25-2-2006

(Recommended for APPROVAL WITH CONDITONS)

ACTION

 

ITEM WC-5 (DOC; 61KB; 2pp.)

Request by Claremont Unified School District to waive Education Code (EC) Section 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). Amy Stanger assigned at Sumner Elementary.

Waiver Number: 46-2-2006

(Recommended for APPROVAL WITH CONDITONS)

ACTION

 

ITEM WC-6 (DOC; 60KB; 2pp.)

Request by Jefferson Elementary School District to waive Education Code (EC) Section 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). Polly Petz assigned at Monticello Elementary School.

Waiver Number: 10-2-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM WC-7 (DOC; 61KB; 2pp.)

Request by Washington Union School District to waive Education Code (EC) Section 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). Karen Kamm assigned at San Benancio Middle School.

Waiver Number: 53-2-2006

(Recommended for APPROVAL WITH CONDITIONS

ACTION

 

ITEM WC-8 (DOC; 60KB; 2pp.)

Request by Union School District to waive Education Code (EC) Section56362(c); allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than 4 students (32 maximum). Janet Humphress assigned at Oster School.

Waiver Number: 38-3-2006

(Recommended for APPROVAL WITH CONDITIONS

ACTION

 

ITEM WC-9 (DOC; 60KB; 2pp.)

Request by Orange Center Elementary School District to waive Education Code (EC) Section 56362(c); allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more that 4 students (32 maximum). Leslie Aguilar assigned at Orange Center Elementary.

Waiver Number: 22-3-2006

(Recommended for APPROVAL WITH CONDITINOS)

ACTION

SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES

ITEM WC-10 (DOC; 65KB; 2pp.)

Request by Susanville 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 Character Counts – a Comprehensive Health, Substance Abuse, Violence Prevention Program.

Waiver Number: 19-3-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

SCHOOL SITE COUNCIL

ITEM WC-11 (DOC; 58KB; 2pp.)

Request by the Golden Feather Union School District for a waiver of Education Code (EC) Section 52852, allowing one joint school site council to function for three small rural schools.

Waiver Number: 35-3-2006

(Recommended for APPROVAL)

ACTION

STATE MEAL MANDATE (Summer School Session)

ITEM WC-12 (DOC; 149KB; 6pp.)

Request by various local educational agencies (LEAs) under the waiver authority of Education Code (EC) Section 49548 to waive EC Section 49550, the requirement that needy pupils must be provided with a nutritionally adequate free or reduced-price meal during each school day (State Meal Mandate) during summer school sessions.

Waiver Number: Various (see Attachment 1)

(Recommended for APPROVAL)

ACTION

STATE MEAL MANDATE (Saturday School Session)

ITEM WC-13 (DOC; 62KB; 2pp.)

Request by Chowchilla Union High School District to waive Education Code (EC) Section 49550, to waive Education Code (EC) Section 49550, the requirement that needy pupils must be provided with a nutritionally adequate free or reduced-price meal during each school day (State Meal Mandate) during the Saturday school session.

Waiver Number: 22-4-2006

(Recommended for APPROVAL)

ACTION

 

ITEM WC-14 (DOC; 62KB; 2pp.)

Request by Lone Pine Unified School District under the waiver authority of Education Code (EC) Section 49548 to waive Education Code (EC) Section 49550, the requirement that needy pupils must be provided with a nutritionally adequate free or reduced-price meal during each school day (State Meal Mandate) during the Saturday school session.

Waiver Number: 52-3-2006

(Recommended for APPROVAL)

ACTION

CHARTER SCHOOL ATTENDANCE

ITEM WC-15 (DOC; 65KB; 3pp.)

Request by Alameda County Office of Education to waive California Code of Regulations (CCR), Title 5, Section 11960 to allow the charter school attendance to be calculated as if it were a "regular" multi-track school for FAME Charter School.

Waiver Number: 26-4-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

NON-CONSENT (ACTION)

The following agenda items include waivers and other administrative matters that CDE staff has 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 the President’s designee; and action different from that recommended by CDE staff may be taken.

ALGEBRA l – SPECIAL EDUCATION STUDENTS

ITEM W-1 (DOC; 65KB; 3pp.)

Request by Riverside Unified School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2005-06 year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for 33 special education student(s) based on EC Section 56101, the special education waiver authority.

Waiver Number: 27-3-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM W-2 (DOC; 65KB; 3pp.)

Request by Roseville Joint Union High School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2005-06 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for ten special education student(s) based on EC Section 56101, the special education waiver authority.

Waiver Number 12-3-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM W-3 (DOC; 66KB; 3pp.)

Request by Stockton Unified School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2005-06 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for three special education student(s) based on EC Section  56101, the special education waiver authority.

Waiver Number: 26-3-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM W-4 (DOC; 64KB; 3pp.)

Request by Saddleback Valley USD to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2005-06 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for 11 special education student(s) based on EC Section 56101, the special education waiver authority.

Waiver Number: 43-3-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM W-5 (DOC; 66KB; 3pp.)

Request by various local educational agencies to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2005-06 year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for special education student(s) based on EC Section 56101, the special education waiver authority.

Waiver Number: Various

(Recommendation for APPROVAL WITH CONDITIONS)

ACTION

ADMINISTRATIVE/TEACHER RATIO

ITEM W-6 (DOC; 69KB; 3pp.)

Request by Banta Elementary School District (ESD) to waive Education Code (EC) Section 41402(a), the requirement which sets the ratio of administrators to teachers for elementary schools at 9 for every 100 teachers. Banta ESD would like to continue to have two full-time administrators with 14 teachers.

Waiver Number: 18-3-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

BEFORE AND AFTER SCHOOL PROGRAMS

ITEM W-7 (DOC; 63KB; 2pp.)

Request by Ontario-Montclair School District to waive Education Code (EC) Section 8483(a)(1), relating to after school programs, to allow De Anza Middle School to continue their current after school program of three hours of operation per day ending at 4:30 p.m., and not the required ending time 6 p.m., every regular school day for the remainder of the 2005-06 school year.

Waiver Number: 10-1-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

COMMUNITY COLLEGE GOVERNING BOARD VACANCY - ELECTIONS

ITEM W-8 (DOC; 64KB; 3pp.)

Request by Los Angeles County Office of Education to waive Education Code (EC) Section 5091(a)(b), the provisional appointment and special election requirements, in order to postpone the election to fill a vacant school board position on the Compton Community College Board until the next regular election, November of 2007.

Waiver Number: 48-2-2006

(Recommended for APPROVAL)

ACTION

COMMUNITY DAY SCHOOL

ITEM W-9 (DOC; 64KB; 2pp.)

Request by Woodland Joint Unified School District for a waiver of portions of Education Code (EC) sections 48660 and 48916.1(d) to permit a community day school (CDS) established to serve students in grades 7-8 only to also serve retained grade 6 students on a case-by-case basis.

Waiver Number: 42-3-2006

(Recommended for APPROVAL) EC 33051(c) will apply

ACTION

 

ITEM W-10 (DOC; 63KB; 2pp.)

Request by Round Valley Unified School District for a waiver of portions of Education Code (EC) sections 48660 and 48916.1(d) to permit a community day school (CDS) established to serve students in grades 7-12 only to also serve retained grade 6 students on a case-by-case basis.

Waiver Number: 31-2-2006

(Recommended for APPROVAL)

ACTION

EXTENDED SCHOOL YEAR (SUMMER SCHOOL) SPECIAL EDUCATON STUDENTS

ITEM W-11 (DOC; 63KB; 2pp.)

Request by Valley Center-Pauma Unified School District to waive California Code of Regulations (CCR), Title 5, Section 3043(d) which requires a minimum of 20 school days of attendance (with varied minutes depending on grade level of students) for an extended school year (summer school) for special education students.

Waiver Number: 44-3-2006

(Recommended for APPROVAL)

ACTION

GRADE NINE CLASS SIZE REDUCATION

ITEM W-12 (DOC; 68KB; 3pp.)

Request by Petaluma Joint Union High School District (JUSD) to waive Education Code (EC) sections 52084(a)(c) and 52086(a), Grade Nine Class Size Reduction Program (Morgan-Hart) the requirement for a 20:1 student to teacher ratio so that the district may provide a 23:1 ratio across three core courses-English, math and science, no more than 24 in any one class.

Waiver Number: 39-3-2006

(Recommended for DENIAL)

ACTION

HIGH PRIORITY SCHOOLS – EXIT FROM SAIT

ITEM W-13 (DOC; 72KB; 3pp.)

Request by Sacramento City Unified School District for Burbank High School in Cohort I of the High Priority Schools Grant Program (HPSGP) to waive: 1) the assignment of a School Assistance and Intervention Team (SAIT) described in Education Code (EC) Section 52055.650 (e) (1) and California Code of Regulations (CCR) Title 5, Section 1030.8, or 2) the timelines for initiating the SAIT process as stipulated in EC 52055.650 (e)(1)(C).

Waiver Number: 1-2-2006

(Recommendation PENDING)

ACTION

INSTRUCTIONAL TIME PENALTY

ITEM W-14 (DOC; 63KB; 3pp.)

Request by La Habra City School District to waive Education Code (EC) Section 46202(b), the longer day incentive program audit penalty for offering less instructional time in the 2004-2005 fiscal year than what the district offered in 1982-1983 at Walnut Elementary School by 140 minutes in grades 4 and 5.

Waiver Number: 6-2-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM W-15 (DOC; 69KB; 3pp.)

Request by Hemet Unified School District to waive Education Code (EC) Section 46201(d), the longer day incentive program audit penalty for offering less instructional time in the 2004-2005 fiscal year than the minimum requirements set in 1986-87 fiscal year at: Little Lake Elementary School kindergarten (shortfall of 100 minutes), Hamilton School kindergarten (shortfall of 1,800 minutes), Idyllwild School grades 4-5 (shortfall of 260 minutes) and Hamilton School grades 9-12 shortfall of 2,280).

Waiver Number: 24-3-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

NONPUBLIC AGENCY/SCHOOL – SPECIAL EDUCATION STUDENTS

ITEM W-16 (DOC; 62KB; 2pp.)

Request by Claremont Unified School District to Waive Education Code (EC) Section 56366.1(a) the requirement for state certification to allow an uncertified nonpublic agency, Cornerstone Speech and Language, located in South Pasadena to provide services to one special education student. 

Waiver Number: 2-4-2005

(Recommended for APPROVAL)

ACTION

OUT-OF-STATE STUDENT TRAVEL

ITEM W-17 (DOC; 64KB; 2pp.)

Request by Lassen Union High School District (USD) and Rio Linda USD to waive a portion of Education Code (EC) Section 35330(d) to authorize expenditure of school district funds and transportation allowances for student expenses while out-of-state, participating in the Environmental and Spatial (EAST) Technology Conference in Hot Springs, Arkansas, which took place from February 27 to March 3, 2006.

Waiver Number: 3-3-2006 Lassen Union High SD

                         13-2-2006 Rio Linda Union School District

(Recommended for APPROVAL)

ACTION

ITEM W-18 (DOC; 64KB; 2pp.)

Request by Oakland Unified School District for Life Academy, Oakland High and Oakland Technician High Schools to waive a portion of Education Code (EC) Section 35330(d) to authorize expenditure of school district funds and transportation allowances for student expenses while out-of -state, participating in the Close-Up Foundation's Program and with Educational Tours.

Waiver Number: 26-2-2006

(Recommended for APPROVAL)

ACTION

RESOURCE SPECIALIST CASELOAD

ITEM W-19 (DOC; 64KB; 2pp.)

Request by King City Joint Union High School (JUSD) to waive Education Code (EC) Section 56362 (c) allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by 8 students (a caseload 36 students is requested). Joann Masters assigned at Greenfield High School.

Waiver Number: 23-2-2006

(Recommended for DENIAL)

ACTION

SCHOOL BUS DRIVER – PERMISSION TO HIRE

ITEM W-20 (DOC; 60KB; 2pp.)

Request by Shoreline Unified School District to waive Education Code (EC) Section 45134(c), to allow the employment of a State Teachers Retirement System retiree as a classified school bus driver.

Waiver Number: 50-2-2006

(Recommended for APPROVAL)

EC 33051(c) will apply for this employee only

ACTION

STATE MEAL MANDATE (Summer School Session)

ITEM W-21 (DOC; 69KB; 3pp.)

Request by Brea Olinda Unified School District under the waiver authority of Education Code (EC) Section 49548 to waive EC Section 49550, the requirement that needy pupils must be provided with a nutritionally adequate free or reduced-price meal during each school day (State Meal Mandate) during summer school sessions.

Waiver Number: 6-3-2006

(Recommended for DENIAL)

ACTION

STATE TESTING APPORTIONMENT

ITEM W-22 (DOC; 60KB; 2pp.)

Request by twenty-five school districts and charter schools 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)

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/]

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