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Agenda--May 7-8, 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
Monica Liu, Student Member

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Debora Merle

Schedule of Meeting

Location

Wednesday, May 7, 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, May 7, 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, May 8, 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, May 8, 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
May 7-8, 2008
Wednesday, May 7, 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 May 7, 2008, may be carried over to May 8, 2008.

AGENDA ITEMS

Item 1 (DOC; KB; pp.)

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; KB; pp.)

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; 69KB; 4pp.)

Subject: No Child Left Behind Act of 2001: Recommendations Related to California’s Assignment of Corrective Actions for Local Educational Agencies in Program Improvement Corrective Action

Type of Action: Action, Information


Item 4 (DOC; 68KB; 3pp.)

Subject: Update on issues related to California’s implementation of No Child Left Behind and other federal programs

Type of Action: Action, Information


Item 5 (DOC; 66KB; 2pp.)

Subject: U.S. Department of Education Peer Review of Standards and Assessment: Update of Peer Review Results

Type of Action: Action, Information


Item 6 (DOC; 70KB; 3pp.)

Subject: California English Language Development Test (CELDT): Program Update including, but not limited to, 2007-2008 Annual Assessment Results, K-1 Early Literacy Assessment, responses to recent questions, and training

Type of Action: Action, Information


Item 7 (DOC; 131KB; 5pp.)

Subject: California High School Exit Examination (CAHSEE): Update, including, but not limited to, July through December and February administrations of the CAHSEE

Type of Action: Action, Information


Item 8 (DOC; 73KB; 3pp.)

Subject:  Standardized Testing and Reporting (STAR): Update, including, but not limited to, Program Update

Type of Action: Action, Information


Item 9 (DOC; 57KB; 1p.)

Subject: Standardized Testing and Reporting Program (STAR): Revised General Mathematics Blueprint

Type of Action: Action, Information


Item 10 (DOC; 56KB; 1pp.)

Subject: Standardized Testing and Reporting Program (STAR): California Modified Assessment Blueprints

Type of Action: Action, Information


Item 11 (DOC; 423KB; 7pp.)

Subject: Advisory Commission for Special Education, Advisory Opinion No. 08-01: California High School Exit Exam

Type of Action:  Action, Information


Item 13 (DOC; 157KB; 3pp.)

Subject: Community-Based English Tutoring Program: Approve the Finding of Emergency and Proposed Emergency Regulations; and Approve Commencement of the Rulemaking Process for Amendments to Title 5, Sections 11315.5 and 11315.6

Type of Action: Action, Information


Item 14 (DOC; 462KB; 36pp.)

Subject: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approval of Interim Report to the Legislature

Type of Action: Action, Information


Item 15 (DOC; 655KB; 51pp.)

Subject:  No Child Left Behind Act of 2001: Reading First Special Education Teachers Professional Development Pilot Program Application and Review Process

Type of Action: Action, Information


Item 16 (DOC; 11MB; 199pp.)

Subject: Ridgecrest Charter School: Consider Notice of Intent to Revoke Pursuant to Education Code Section 47607(d)

Type of Action: Action, Information


Item 17 (DOC; 60KB; 2pp.)

Subject: Child Nutrition Programs-Food and Beverages – Approve Commencement of the Third 15-Day Comment Period for Proposed Changes to Proposed Title 5 Regulations

Type of Action: Action, Information


Item 18 (DOC; 73KB; 4pp.)

Subject: Request for Repeal of Four State Board of Education Waiver Policies.

Type of Action: Action, Information


Item 19 (DOC; 54KB; 1p.)

Subject: 2007 Annual Report of Waiver Activity

Type of Action: Action, Information


Item 20 (DOC; 58KB; 1pp.)

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

Type of Action: Action, Information

***ADJOURNMENT OF DAY’S SESSION***

Thursday, May 8, 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 prior board meeting

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

Item 21 (DOC; KB; pp.)

Subject: No Child Left Behind (NCLB) Act of 2001: Approve Supplemental Educational Services Providers for 2008-2010

Type of Action: Action


Item 22 (DOC; 147KB; 4pp.)

Subject: Consolidated Applications 2007-08: Approval

Type of Action: Action, Information


Item 23 (DOC; 84KB; 3pp.)

Subject: California Technology Assistance Project Grants approval of funding for the 11 California Technology Assistance Project lead agencies for the period of July 1, 2008, to June 30, 2009

Type of Action: Action, Information


Item 24 (DOC; 57KB; 2pp.)

Subject: Approval of Nominee for CDE Liaison to the Advisory Committee on Before and After School Programs

Type of Action: Action, Information


Item 25 (DOC; KB; pp.)

Subject: The Administrator Training Program, Assembly Bill 430
(Chapter 364, Statutes of 2005): Approval of Training Providers and Training Curricula

Type of Action: Action, Information


Item 26 (DOC; 573KB; 53pp.)

Subject: The Administrator Training Program, Assembly Bill 430
(Chapter 364, Statutes of 2005): Approval of Interim Report to the Legislature

Type of Action: Action, Information


Item 27 (DOC; 258KB; 13pp.)

Subject: Mathematics and Reading Professional Development Program: Approve Applications from Local Educational Agencies

Type of Action: Action, Information


Item 28 (DOC; 88KB; 7pp.)

Subject:  Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approval of Training Providers and Training Curricula

Type of Action: Action, Information


Item 29 (DOC; 60KB; 2pp.)

Subject: Chief Business Officer Training Program – Approve Training Provider and Candidate Substitutions for Fiscal Year 2006-07

Type of Action: Action, Information


Item 30 (DOC; 93KB; 4pp.)

Subject: Assignment of Numbers for Charter School Petitions

Type of Action: Action, Information


Item 31 (DOC; 152KB; 7pp.)

Subject: Charter Schools: Approval of Funding Determination Rates for 2007-08 (and beyond) for Nonclassroom-based Charter Schools

Type of Action: Action, Information


Item 32 (DOC; 53KB; 2pp.)

Subject: Legislative update, including, but not limited to information on legislation from the 2007-08 session

Type of Action: Action, Information


Item 33 (DOC; 299KB; 10pp.)

Subject: State Board of Education-Approved Charter Schools: Update

Type of Action: Action, Information


***PUBLIC HEARING***

A Public Hearing on the following agenda item will commence no earlier than 10:00 a.m. on May 8, 2008.  The Public Hearing will be held as close to 10:00 a.m. as the business of the State Board permits.

Item 34 (DOC; 260KB; 18pp.)

Subject:  Ridgecrest Charter School: Public Hearing Pursuant to the Notice of Intent to Revoke and Action Including, But Not Limited to, Revocation Pursuant to Education Code Section 47607(d), and Direction to Proceed with Closure

Type of Action:  Action, Information, Public Hearing

***END OF PUBLIC HEARING***


Item 35 (DOC; 203KB; 17pp.)

Subject: Appeal of a decision of the Santa Clara County Committee on School District Organization denying a petition to transfer territory from the Campbell Union School District and the Campbell Union High School District to the Saratoga Union School District and the Los Gatos-Saratoga Joint Union High School District in Santa Clara County. (McFarland Avenue)

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.


Adult Education Innovaton and Alternative Delivery Programs

Item WC-1 (DOC; 71KB; 3pp.)

Subject: Request by Azusa Unified School District to waive California 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: 58-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item WC-2 (DOC; 73KB; 3pp.)

Subject: Request by Centinela Valley Union High School for Centinela Valley Adult School to waive California 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: 38-1-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item WC-3 (DOC; 70KB; 3pp.)

Subject: Request by Elk Grove Unified School District to waive California 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: 48-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item WC-4 (DOC; 70KB; 3pp.)

Subject: Request by Palo Alto Unified School District to waive California 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: 36-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item WC-5 (DOC; 71KB; 3pp.)

Subject: Request by Riverside Unified School District for Riverside Adult School to renew a waiver of California 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: 14-3-2008
Recommended for APPROVAL WITH CONDITIONS)
EC 33051(c) will apply.

Type of Action: Action


Carl D. Perkins Career and Technical Education Improvement Act

Item WC-6 (DOC; 65KB; 2pp.)

Subject: Request by Dunsmuir Joint 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-2-2008
(Recommended for APPROVAL)

Type of Action: Action


Item WC-7 (DOC; 63KB; 2pp.)

Subject: Request by Southern Humboldt Joint 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-1-2008
(Recommended for APPROVAL)

Type of Action: Action


Charter School Program (Attendance Accounting for Multi-track)

Item WC-8 (DOC; 76KB; 3pp.)

Subject: Request by Alameda County Office of Education for 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.
Waiver Number: 32-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item WC-9 (DOC; 73KB; 3pp.)

Subject: Request by Baldwin Park Unified School District for Opportunities for Learning - Baldwin Park II 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.
Waiver Number: 32-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
EC 33051(c) will apply.

Type of Action: Action


Physical Education Program (Block Schedule)

Item WC-10 (DOC; 82KB; 4pp.)

Subject: Request by Dunsmuir Joint Union High School District to waive portions of California Education Code (EC) Section 51222(a), related to the statutory minimum of 400 minutes of physical education required each ten school days for students in grades nine through twelve in order to implement a block schedule at Dunsmuir High School.
Waiver Number: 3-12-2007
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Resource Specialist Caseload

Item WC-11 (DOC; 65KB; 2pp.)

Subject: Request by Edison Elementary School District under the authority of California Education Code (EC) Section 56101 and California Code of Regulations (CCR), Title 5, 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 (30 maximum).  Collen West assigned at Edison Middle School.
Waiver Number: 14-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item WC-12 (DOC; 64KB; 2pp.)

Subject: Request by Newman-Crows Landing Unified School District under the authority of California Education Code (EC) Section 56101 and California Code of Regulations (CCR), Title 5, 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).  Brett Grenz assigned at Von Renner Elementary School.
Waiver Number: 45-1-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


School Site Council (Shared)

Item WC-13 (DOC; 64KB; 2pp.)

Subject: Request by Maricopa Unified School District 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 Maricopa Elementary School and Maricopa High School.
Waiver Number: 26-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item WC-14 (DOC; 64KB; 2pp.)

Subject: Request by South Fork Union Elementary 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 South Fork Elementary School and South Fork Middle School.
Waiver Number: 24-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


State Meal Mandate (Summer School Meal)

Item WC-15 (DOC; 135KB; 5pp.)

Subject: Request by various school districts under the authority of California Education Code (EC) Section 49548 to waive EC Section 49550, the State Meal Mandate during the summer school session.
Waiver Number: Various – See attached table
(Recommended for APPROVAL)

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.


Fresno -Long Beach Partnership Pilot Program
(Supplemental Counseling)

Item W-1 (DOC; 67KB; 3pp.)

Subject: Request by Fresno Unified School District to waive portions of California Education Code (EC) sections 52378 (b)(2)(3) and (d)(1) the restriction that the Middle and High School Supplemental Counseling Program funds be used only for grades 7-12.
Waiver Number: 3-4-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-2 (DOC; 66KB; 3pp.)

Subject: Request by Long Beach Unified School District to waive portions of California Education Code (EC) sections 52378 (b)(2)(3) and (d)(1) the restriction that the Middle and High School Supplemental Counseling Program funds be used only for grades 7-12.
Waiver Number: 43-3-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Fresno - Long Beach Partnership Pilot Program
(Technology Equipment)

Item W-3 (DOC; 74KB; 4pp.)

Subject: Request by Fresno Unified School District to waive portions of California Education Code (EC) section 60242(a)(2) the restriction that the Instructional Materials Funding Realignment Program funds be used only for technology materials, so that technology equipment may be purchased.
Waiver Number: 4-4-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-4 (DOC; 74KB; 4pp.)

Subject: Request by Long Beach Unified School District to waive portions of California Education Code (EC) section 60242(a)(2) the restriction that the Instructional Materials Funding Realignment Program funds be used only for technology-based materials, so that technology equipment may be purchased.
Waiver Number: 44-3-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Algebra Graduation Requirement (Special Education Students)

Item W-5 (DOC; 64KB; 3pp.)

Subject: Request: Pleasanton 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 one special education student based on EC Section 56101, the special education waiver authority.
Waiver Number: 5-3-2008
(Recommended for APPROVAL WITH CONDUTIONS)

Type of Action: Action


Academic Performance Index (API)

Item W-6 (DOC; 70KB; 3pp.)

Subject: Request by Bassett Unified School District to waive a portion of California Code of Regulations (CCR), Title 5, Section 1032(d)(5); the 85 percent requirement of test takers in Life Science to allow Bassett Senior High School to be given a valid base and growth Academic Performance Index (API) for 2007.
Waiver Number: 5-11-2007
(Recommended for DENIAL)

Type of Action: Action


Charter School Program (Geographic Limitations Non-classroom Based)

Item W-7 (DOC; 83KB; 4pp.)

Subject: Request by Camptonville Elementary School District for The Camptonville Academy to waive California Education Code Section 47605.1(c)(2) pertaining to geographic limits on resource centers for nonclassroom-based charter schools so that the charter school can continue to operate one resource center in adjacent Placer County.
Waiver Number: 33-3-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Charter School Program (K-8 District to Sponsor 7-12 Charter)

Item W-8 (DOC; 67KB; 3pp.)

Subject: Request by Lakeside Union Elementary School District a district serving kindergarten through grade eight, to waive California Education Code (EC) Section 47605(a)(6) to allow the district to renew and continue to authorize the charter of the River Valley Charter High School, a charter school serving grades seven through 12.
Waiver Number: 8-2-2008
(Recommended for APPROVAL)
EC 33051(c) will apply.

Type of Action: Action


Item W-9 (DOC; 94KB; 4pp.)

Subject: Request by the Piner-Olivet Union Elementary School District, a K-6 district, to waive California Education Code (EC) Section 47605(a)(6) to allow the district to renew the charter of (and continue to be the chartering authority for) the Career Academy at Piner-Olivet, a middle/high school.
Waiver Number: 4-1-2008
(Recommended for DENIAL)

Type of Action: Action


Community Day Schools (Collocation)

Item W-10 (DOC; 70KB; 3pp.)

Subject: Request by Sacramento City Unified School for a waiver of California Education Code (EC) Section 48661(a) to permit the collocation of Success Academy, a community day school, on the same site as the Marian Anderson Therapeutic Center (serving students in grades one through seven).
Waiver Number: 22-1-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Grade 9 CSR (Morgan-Hart) Program

Item W-11 (DOC; 71KB; 3pp.)

Subject: Request by Tamalpais Union High School District for a renewal to waive portions of California Education Code (EC) sections 52084(a)(c) and 52086(a) Grade Nine Class Size Reduction (Morgan-Hart), the requirement for a 20:1 student-to-teacher ratio so that the district may provide a 25:1 ratio across four core courses - English, math, science, and social studies.
Waiver Number: 46-3-2008
EC 33051(c) will apply.
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Immediate Intervention/Underperforming Schools Program (II/USP)

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

Subject: Request by Fillmore Unified School District to waive California Education Code (EC) Section 52055.55(b), to allow Ventura County Office of Education to continue as the School Assistance and Intervention Team (SAIT) provider at Fillmore Senior High School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number: 54-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-13 (DOC; 69KB; 3pp.)

Subject: Request by Jurupa Unified School District to waive California Education Code (EC) Section 52055.55 (b), to allow Riverside County Office of Education to continue as the School Assistance and Intervention Team (SAIT) provider at Jurupa Valley High School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number: 55-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-14 (DOC; 79KB; 3pp.)

Subject: Request by Moreno Valley Unified School District to waive California Education Code (EC) Section 52055.55(b), to allow Riverside County Office of Education to continue as the School Assistance and Intervention Team (SAIT) provider at Moreno Valley High School and Mountain View Middle School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number: 56-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-15 (DOC; 74KB; 3pp.)

Subject: Request by Ontario-Montclair Elementary School District to waive California Education Code (EC) Section 52055.55(b), to allow WestEd to continue as the School Assistance and Intervention Team (SAIT) provider at Lincoln Elementary School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number: 18-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-16 (DOC; 69KB; 3pp.)

Subject: Request by Round Valley Unified School District to waive California Education Code (EC) Section 52055.55(b), to allow North Coast PI Collaborative to continue as the School Assistance and Intervention Team (SAIT) provider at Round Valley Elementary School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number: 2-3-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-17 (DOC; 69KB; 3pp.)

Subject: Request by San Juan Unified School District to waive California Education Code (EC) Section 52055.55(b), to allow Sacramento County Office of Education to continue as the School Assistance and Intervention Team (SAIT) provider at Kingswood Elementary School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number: 3-3-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Instructional Material Realignment Program Funds (IMFRP)
(24 Month Rule)

Item W-18 (DOC; 78KB; 3pp.)

Subject: Request by Hemet Unified School District under the authority of California Education Code (EC) Section 60422(c) 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 eight only) for 12 additional months.
Waiver Number: 42-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-19 (DOC; 76KB; 3pp.)

Subject: Request by Ripon Unified School District under the authority of California Education Code (EC) Section 60422(c) 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 eight only) for 12 additional months.
Waiver Number: 8-3-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Instructional Materials Sufficiency (EC 60119 Audit Findings)

Item W-20 (DOC; 66KB; 2pp.)

Subject: Request by Lassen County Office of Education under the authority of California Education Code (EC) Section 41344.3 for retroactive waiver of the audit penalty for the 2006/2007 fiscal year of EC 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials or all students at all grade levels and subjects. The county office held the hearing, but failed to adopt the resolution as required by statute.
Waiver Number: 43-2-2008
(Recommended for APPROVAL)

Type of Action: Action


Item W-21 (DOC; 66KB; 3pp.)

Subject: Request by Riverside County Office of Education under the authority of California Education Code (EC) Section 41344.3 for retroactive waiver of the audit penalty for the 2006-07 fiscal year of EC 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for students in grades nine to twelve. Hearing was held at 9 a.m., during school hours.
Waiver Number: 6-3-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-22 (DOC; 67KB; 3pp.)

Subject: Request by Lake County Office of Education under the authority of California Education Code (EC) Section 41344.3 for retroactive waiver of the audit penalty for the 2006-07 fiscal year of EC 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects. Hearing held after 8 weeks from the first day of school.
Waiver Number: 30-2-2008
(Recommended for APPROVAL)

Type of Action: Action


Petition

Item W-23 (DOC; 66KB; 2pp.)

Subject: Request by Belmont-Redwood Shores Elementary 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, c.2001-2002) using Instructional Materials Funding Realignment Program monies.
Waiver Number: 39-1-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Regional Occupational Program

Item W-24 (DOC; 77KB; 3pp.)

Subject: Request by Tri-Cities Regional Occupational Program to waive portions of California Education Code (EC) Section 52321(b), (c)(1), and (e), to allow the program to accumulate a reserve of more than 15 percent of its prior year expenditures, due to a one time re-apportionment of unspent funds from the 2005-06 fiscal year.
(Recommended for APPROVAL WITH CONDITIONS)
Waiver Number 29-3-2008

Type of Action: Action


Sale of Surplus Property

Item W-25 (DOC; 69KB; 4pp.)

Subject: Request by Alhambra Unified School District to waive portions of California Education Code (EC) sections 17466, 17472, and 17475 and all of 17473, 17474, specific statutory provisions for the sale 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 is the South Marengo Avenue Property, located in the city of Alhambra.
Waiver Number: 44-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


School District Reorganization (Election Requirement –Trustee Areas)

Item W-26 (DOC; 74KB; 4pp.)

Subject: Request by Monterey County Office of Education to waive California Education Code (EC) Section 5020 the election requirement the adoption of trustee areas for Monterey Peninsula Community College District.
Waiver Number: 59-2-2008
(Recommended for DENIAL)

Type of Action: Action


School District Reorganization (Requirement to Fill Vacancy)

Item W-27 (DOC; 75KB; 4pp.)

Subject: Request by North County Joint Union Elementary School District to waive portions of California Education Code (EC) Section 4006(c)(2) and all of (b), regarding the requirements to fill a vacancy on the County Committee on School District Organization by the county superintendent allowing for more local representation.
Waiver Number: 17-12-2007
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


School Site Council (Composition)

Item W-28 (DOC; 68KB; 2pp.)

Subject: Request by Central Unified School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing Pershing Continuation High to operate a school site council with fewer members than required by statute.
Waiver Number: 7-3-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-29 (DOC; 68KB; 2pp.)

Subject: Request by Green Point  Elementary School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing a Green Point School to operate a school site council with fewer members than required by statute.
Waiver Number: 25-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-30 (DOC; 68KB; 2pp.)

Subject: Request by Kneeland Elementary School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing Kneeland Elementary to operate a school site council with fewer members than required by statute.
Waiver Number: 33-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Item W-31 (DOC; 66KB; 2pp.)

Subject: Request by Peninsula Union School District under the authority of California Education Code (EC) Section 52863 to waive EC) 52852, allowing Peninsula Union Elementary School to operte a school site council with fewer members than required by statute.
Waiver Number: 12-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


Special Education Program (Assistive Technology)

Item W-32 (DOC; 63KB; 2pp.)

Subject: Request by East Valley SELPA, Fontana Unified SELPA and San Bernardino SELPA under the authority of California Education Code (EC) Section 56106 for a renewal to waive EC 56836.22(d) to allow 10 percent of state low incidence funds to be utilized for the purchase of assistive technology/materials for assessment and trial use prior to purchasing specific items for specific identified students.
Waiver Number: 39-2-2008
(Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action


State Meal Mandate (Summer School Session)

Item W-33 (DOC; 94KB; 4pp.)

Subject: Request by Mammoth Unified School District under the authority of California Education Code (EC) Section 49548 to waive (EC) Section 49550, the State Meal Mandate during the summer school session for Mammoth Middle School.
Waiver Number: 16-2-2008
(Recommended for DENIAL)

Type of Action: Action


State Testing Apportionment Report

Item W-34 (DOC; 63KB; 2pp.)

Subject: Request by fourteen 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

***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/].

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