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Agenda--March 11-12, 2009

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, March 11, 2009
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, March 11, 2009
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, March 12, 2009
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, March 12, 2009
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
March 11-12, 2009

Wednesday, March 11, 2009 – 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 March 11, 2009, may be carried over to March 12, 2009.

AGENDA ITEMS

Item 1 (DOC; 145KB; 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; 72KB; 1pp.)
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; 499KB; 50pp.)
Subject:
Science Framework for California Public Schools, Kindergarten Through Grade Twelve: Approval of Guidelines for the Curriculum Framework and Evaluation Criteria Committee, and Appointment of Members to the Curriculum Framework and Evaluation Criteria Committee.
Type of Action:
Action, Information


Item 4 (DOC; 1.8MB; 156pp.)
Subject:
2010 Follow-Up Adoptions for Kindergarten through Grade Eight Instructional Materials: Approval of Subject Areas, Schedule of Significant Events, and Instructional Materials Reviewer and Content Review Expert Applications.
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 March 11, 2009.  The Public Hearing will be held as close to 10:00 a.m. as the business of the State Board permits.

Item 5 (DOC; 179KB; 7pp.)
Subject:
2008 Reading/Language Arts–English-Language Development Primary Adoption: Edits and Corrections.
Type of Action: Action, Information, Public Hearing

*** END OF PUBLIC HEARING ***


Item 6 (DOC; 201KB; 3pp.)
Subject:
Senate Bill 319 General-Purpose Funding Entitlements for Conversion Charter Schools in Unified School Districts: Approve Commencement of the Rulemaking Process to Add Provisions to the California Code of Regulations, Title 5, Section 11964.
Type of Action: Action, Information


***PUBLIC HEARINGS***

A Public Hearing on the following agenda items will commence no earlier than 12:00 noon on March 11, 2009.  The Public Hearings will be held as close to 12:00 noon as the business of the State Board permits.

Item 7 (DOC; KB; pp.)
Subject:
  Petition by Pacific Technology School to Establish a Statewide Benefit Charter School Under the Oversight of the State Board of Education: Hold Public Hearing, Make Finding, and Consider Staff Recommendation for Approval.
Type of Action:  Action, Information, Public Hearing


Item 8 (DOC; 1.1MB; 6pp.)
Subject:
  High Tech High Statewide Benefit Charter: Material Amendment to Expand Grades Served from Ninth through Twelfth Grade to Kindergarten through Twelfth Grade.
Type of Action: Action, Information, Public Hearing


Item 9 (DOC; 476KB; 3pp.)
Subject:
Petition to Establish Everest Public High School Under the Oversight of the State Board of Education: Hold Public Hearing and Consider Staff Recommendations for Approval.
Type of Action: Action, Information, Public Hearing


Item 10 (DOC; 434KB; 45pp.)
Subject:
Petition to Establish Western Sierra Collegiate Academy Under the Oversight of the State Board of Education: Hold Public Hearing and Consider Staff Recommendations for Approval.
Type of Action: Action, Information, Public Hearing

*** END PUBLIC HEARINGS ***


Item 11 (DOC; 94KB; 2pp.)
Subject:
State Board of Education-Approved Charter Schools: Update.
Type of Action:  Action, Information

***ADJOURNMENT OF DAY’S SESSION***


Thursday, March 12, 2009 – 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 12 (DOC; 243KB; 29pp.)
Subject:
  No Child Left Behind Act of 2001: Supplemental Educational Services: Approve Commencement of 45-day Comment Period for Proposed Changes to the California Code of Regulations, Title 5 Sections 13075.1 Through 13075.5.
Type of Action:  Action, Information


Item 13 (DOC; 128KB; 12pp.)
Subject:
No Child Left Behind Act of 2001: Local Educational Agencies in Program Improvement Corrective Action (2007-08): Report on Activities in Seven Local Educational Agencies Assigned Intensive Technical Assistance.
Type of Action: Action, Information


Item 14 (DOC; 84KB; 2pp.)
Subject: 
Standardized Testing and Reporting Program: Adoption of Performance Level Descriptors for the California Alternate Performance Assessment for English–Language Arts and Mathematics, Levels I–V, and Science Levels I, III, IV, and V.
Type of Action: Action, Information


Item 15 (DOC; 63KB; 2pp.)
Subject: 
Standardized Testing and Reporting Program: The Approval of Performance Standards (Levels) for the Standards-based Tests in Spanish for Reading/Language Arts and the Standards-based Tests in Spanish for Mathematics in Grades Two, Three, and Four.
Type of Action: Action, Information


Item 16 (DOC; 149KB; 3pp.)
Subject:
 2008-12 California State Plan for Career Technical Education Amendment and a Revision of California State Board of Education Waiver Policy: Carl D. Perkins Career and Technical Education Improvement Act: Consortium Requirement for Minimum Allocation.
Type of Action: Action, Information


Item 17 (DOC; 64KB; 2pp.)
Subject:
Legislative Update, Including, but not Limited to, Information on the 2009-10 Session.
Type of Action: Action, Information


Item 18 (DOC; 61KB; 2pp.)
Subject:
Update on Issues Related to California’s Implementation of No Child Left Behind and Other Federal Programs.
Type of Action: Action, Information


Item 19 (DOC; 66KB; 2pp.)
Subject:
California English Language Development Test: Program Update, Including, but not Limited to, Kindergarten to Grade One Early Literacy Assessment, Upcoming Public Release of Preliminary Annual Assessment Administration Number Totals for 2008-09, and Announcement of New Contractor.
Type of Action: Action, Information


Item 20 (DOC; 89KB; 3pp.)
Subject:
Standardized Testing and Reporting: Program Update, Including, but not Limited to, the 2009 California Writing Standards Tests, Grades Four and Seven; Released Test Questions; the 2009 Pre-Test Workshops; and 2008 California Modified Assessment Proficiency Level Results by Disability.
Type of Action: Action, Information


Item 21 (DOC; 76KB; 3pp.)
Subject:
California High School Exit Examination: Program Update, Including, but not Limited to, Results for July 2008 through December 2008 Administrations; 2007-08 Waiver Data Collection; Assembly Bill 2040.
Type of Action: Action, Information


Item 22 (DOC; 98KB; 5pp.)
Subject:
High Priority Schools Grant Program: Possible Actions Related to the Stone Corral Elementary School Based on a Failure to Show Significant Growth.
Type of Action: Action, Information


Item 23 (DOC; 62KB; 2pp.)
Subject:
No Child Left Behind Act of 2001: Approve Local Educational Agency Plans, Title I, Section 1112.
Type of Action: Action, Information


Item 24 (DOC;73KB; 3pp.)
Subject:
No Child Left Behind Act of 2001: Supplemental Educational Services Providers: Approval of an Additional Provider to the 2009-2011 State Board of Education-Approved Supplemental Educational Services Provider List.
Type of Action: Action, Information


Item 25 (DOC; 76KB; 3pp.)
Subject:
Consolidated Applications 2008-09: Approval.
Type of Action: Action, Information


Item 26 (DOC; 82KB; 5pp.)
Subject:
Model Standards for School Libraries: Approval to Develop Statutorily Required Model Standards for School Libraries.
Type of Action: Action, Information


Item 27 (DOC; 150KB; 13pp.)
Subject:
Bylaws of the Curriculum Development and Supplemental Materials Commission.
Type of Action: Action, Information


Item 28 (DOC; 121KB; 5pp.)
Subject:
2009 Education and the Environment Initiative Curriculum Review: Appointment of Reviewers (Cohort 3).
Type of Action: Action, Information


Item 29 (DOC;84 KB; 2pp.)
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 30 (DOC; 82KB; 6pp.)
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 31 (DOC; 171KB; 11pp.)
Subject:
Mathematics and Reading Professional Development Program Senate Bill 472 (Chapter 524, Statutes of 2006): Approve Applications from Local Educational Agencies.
Type of Action: Action, Information


Item 32 (DOC; 379KB; 2pp.)
Subject:
California State Plan 1999-2009 for the Workforce Investment Act, Title II: Adult Education and Family Literacy Act: Extension and Updates.
Type of Action: Action, Information


Item 33 (DOC; 72KB; 3pp.)
Subject:
Assignment of Numbers for Charter School Petitions.
Type of Action: Action, Information


Item 34 (DOC; 77KB; 4pp.)
Subject:
Charter Schools: Nonclassroom-Based Funding Rates.
Type of Action: Action, Information


Item 35 (DOC; 61KB; 2pp.)
Subject:
Public Charter Schools Grant Program: Approve Camptonville Academy as Dissemination Grant Awardee.
Type of Action: Action, Information


Item 36 (DOC; 57KB; 2pp.)
Subject:
No Child Left Behind Act of 2001: Appointment of Members to the Title I Committee of Practitioners.
Type of Action: Action, Information


Item 37 (DOC; 56KB; 2pp.)
Subject:
Curriculum Development and Supplemental Materials Commission: Appointment of a New Member.
Type of Action: Action, Information


Item 38 (DOC; 61KB; 2pp.)
Subject:
Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Appointment of New Members to Review Panel.
Type of Action: Action, Information


WAIVER REQUEST CONSENT MATTERS

The following agenda items satisfy criteria for approving a waiver of that type based on a previously-adopted State Board of Education waiver policy or have waiver evaluation criteria that are in Education Code or in the California Code of Regulations, Title 5.

Instructional Materials Funding Realignment Program (IMFRP) (Purchasing Order and Timelines)

Item WC-1 (DOC; 84KB; 3pp.)
Subject:
Request by six local educational agencies under the authority of California Education Code Section 60422(c)(1) through (3) to waive Education Code 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 Mathematics and Reading/Language Arts–English-Language Development (kindergarten through grade eight only) for 12 additional months.
Waiver Numbers: see attached list for list of specific school districts
(Recommended for APPROVAL)
Type of Action: Action


Item WC-2 (DOC; 87KB; 3pp.)
Subject:
Request by seventeen local educational agencies under the authority of California Education Code Section 60422(c)(1) through (3) to waive Education Code 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 Reading/Language Arts–English-Language Development (kindergarten through grade eight only) for 12 additional months.
Waiver Numbers: see attached list for list of specific school districts
(Recommended for APPROVAL)
Type of Action: Action


Instructional Time Requirement Audit Penalty (Charter - Minimum Instructional Time)

Item WC-3 (DOC; 83KB; 3pp.)
Subject:
Request by St. Hope Public Schools under the authority of California Education Code Section 47612.6 to waive Education Code 47612.5(c), the audit penalty for offering less instructional time in the 2006-07 fiscal year than required for charter schools at Public School #7 for students in grade seven (shortfall of 9,870 minutes).
Waiver Number: 13-6-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Physical Education Program (Block Schedules)

Item WC-4 (DOC; 93KB; 4pp.)
Subject: Request by Roseville Joint Union High School District to waive portions of California Education Code Section 51222(a), the statutory minimum of 400 minutes of physical education required each ten days for students in grades seven through twelve in order to implement a block schedule at Oakmont High School, Granite Bay High School, Roseville High School, Woodcreek High School and Antelope High School.
Waiver Number: 28-5-2008
(Recommended for APPROVAL)
Type of Action: Action


Quality Education Investment Act (Class Size Reduction Requirements)

Item WC-5 (DOC; 85KB; 3pp.)
Subject Request by the San Jose Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that these funded schools reduce their class sizes by an average of 5 students per class by the end of the 2010-11 school year for Selma Olinder Elementary School (Fifth grade classes only, request ratio from 17:1 to 22:1).
Waiver Number: 16-4-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


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

Item WC-6 (DOC; 87KB; 3pp.)
Subject: Request by Newhall Elementary School District to waive all of California Education Code sections 17473 and 17474 and portions of 17466 and 17472 regarding competitive bidding process for the lease of a surplus property (an unused auditorium and adjacent warehouse on the campus of Newhall Elementary School). The district wishes to form a long-term lease and partnership with a local arts organization, Canyon Theatre Company.
Waiver Number: 13-10-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


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

Item WC-7 (DOC; 97KB; 4pp.)
Subject: Request by Irvine Unified School District to waive portions of California Education Code sections 17466, 17472 and 17475 and all of 17473, 17474, which are specific statutory provisions for the Sale and Lease of Surplus Property. Approval of the waiver would allow the district to sell two pieces of property using a broker and a "request for proposal" process, thereby maximizing the proceeds from the sale. The district properties for which the waiver is requested are the Alderwood Property and the Vista Verde Property.
Waiver Number: 17-10-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


SchoolSite Council Statute (Number and Composition of Members)

Item WC-8 (DOC; 80KB; 2pp.)
Subject: Request by Capistrano Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small independent study school (Capistrano Home Outreach Option for Student Education School).
Waiver Number: 2-11-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Item WC-9 (DOC; 79KB; 2pp.)
Subject: Request by Tahoe-Truckee Joint Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small alternative high school (Cold Stream Alternative School).
Waiver Number: 35-12-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


SchoolSite Council Statute (Shared Schoolsite Council)

Item WC-10 (DOC; 82KB; 3pp.)
Subject: Request by Santa Ana Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one schoolsite council to function for two schools: George Washington Carver Elementary and Lydia Romero-Cruz Elementary Schools.
Waiver Number: 5-9-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Special Education Program (Resource Teacher Caseload)

Item WC-11 (DOC; 79KB; 3pp.)
Subject: Request by Cypress Elementary School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 by no more than 4 students (32 maximum). Karen Shurtleff assigned at Cawthon Elementary School.
Waiver Number: 19-12-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Special Education Program (Resource Teacher Caseload)

Item WC-12 (DOC; 80KB; 2pp.)
Subject: Request by El Segundo Unified School District under the authority of California Education Code Section 56101 and California Code of Regulations Title 5, Section 3100 to waive Education Code  Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 by no more than 4 students (32 maximum). Beth Katz assigned at Richmond Elementary School.
Waiver Number: 5-11-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


State Testing Apportionment Report (STAR, CAHSEE and CELDT)

Item WC-13 (DOC; 78KB; 2pp.)
Subject: Request by six local educational agencies to waive the State Testing Apportionment Information Report deadline of December 31st in the California Code of Regulations, Title 5, Section 11517.5(b)(1)(A) regarding the California English Language Development Test, or Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination, or Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program.
Waiver Numbers: see attached list for specific school districts
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


NON-CONSENT (ACTION)

The following agenda items include waivers that CDE staff has identified as potentially having opposition, 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.

Administrator Training AB 430 (Flexibility in Job Title)

Item W-1 (DOC; 75KB; 4pp.)
Subject:
Request by Fresno Unified School District to waive California Education Code Section 44510(c)(4) to allow 35 administrators to be given administrator training through AB 430, because although their job title is not "vice principal", they act in that capacity in the district.
Waiver Number: 15-10-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


California High School Exit Exam (CAHSEE) (Flexibility at Lower Grade Levels)

Item W-2 (DOC; 81KB; 3pp.)
Subject:
Request by Corona-Norco Unified School District to waive portions of California Education Code Section 37254 (c) and (d)(1), to allow the district to use California High School Exit Exam Supplemental Intensive Instruction Program funds, the flexibility to begin providing intervention services to students at risk, before they fail one or both sections of the exam.
Waiver Number: 30-12-2008
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) (formerly 33051(c)) will apply
Type of Action: Action


Item W-3 (DOC; 84KB; 3pp.)
Subject:
Request by Long Beach Unified School District to waive portions of California Education Code Section 37254 (c) and (d)(1), to allow the district to use California High School Exit Exam Supplemental Intensive Instruction Program funds, the flexibility to begin providing intervention services to students at risk, before they fail one or both sections of the exam.
Waiver Number: 39-12-2008
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) (formerly 33051(c)) will apply
Type of Action: Action


Charter School Program (K-8 District to Sponsor a 9-12 Charter)

Item W-4 (DOC; 84KB; 3pp.)
Subject:
Request by Lennox Elementary School District, a district serving kindergarten through grade twelve, to waive California Education Code Section 47605(a)(6) to allow the district to renew the charter of the Animo Leadership Charter High School, a charter school serving grades nine through twelve.
Waiver Number: 9-1-2009
(Recommended for APPROVAL) EC 33051(b) (formerly 33051 (c)) will apply
Type of Action: Action


Community Day Schools (CDS) (Collocate Facilities)

Item W-5 (DOC; 86KB; 3pp.)
Subject:
Request by Sacramento City Unified School District for a renewal waiver of California Education Code 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: 8-1-2009
(Recommended for APPROVAL) EC 33051(b) (formerly 33051(c)) will apply
Type of Action: Action


Immediate Intervention/Underperforming Schools Program (IIUSP) (Early Exit from Secondary Sanctions)

Item W-6 (DOC; 109KB; 5pp.)
Subject:
Request by Inglewood Unified School District to waive California Education Code Section 52055.55(c), to allow Morningside High School to exit secondary sanctions of the Immediate Intervention/Underperforming Schools Program after one year because they now have two consecutive years of  growth on the Academic Performance Index scores (counting the last year of the previous cycle and the first year of the two-year secondary sanctions).
Waiver Number: 1-10-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Instructional Materials Funding Realignment Program (IMFRP) (Purchasing Order and Timelines)

Item W-7 (DOC; 96KB; 4pp.)
Subject:
Request by North Monterey County Unified School District under the authority of California Education Code Section 60422(c)(1) through (3) to waive Education Code 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 Reading/Language Arts-English-Language Development (kindergarten through grade eight only) for 12 additional months.
Waiver Number: 14-10-2008
(Recommended for DENIAL)
Type of Action: Action


Instructional Time Requirement Audit Penalty (Charter - Minimum Instructional Time)

Item W-8 (DOC; 85KB; 3pp.)
Subject:
Request by Momentum Middle Charter School under the authority of California Education Code Section 47612.6 to waive Education Code Section 47612.5(c), the audit penalty in the 2006-07 fiscal year for offering less instructional time than required for charter schools (shortfall 7,301 minutes).
Waiver Number: 7-11-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Item W-9 (DOC; 86KB; 3pp.)
Subject:
Request by St. HOPE Public Schools for Sacramento Charter High School under the authority of California Education Code Section 47612.6 to waive Education Code Section 47612.5(c), the audit penalty in the 2006-07 fiscal year for offering less instructional time than required for charter schools at Sacramento Charter High School for students in grades nine through twelve (shortfall of 5,954 minutes).
Waiver Number: 14-6-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


JURISDICTION OF JUVENILE HALL SCHOOL (contracting agency)

Item W-10 (DOC; 86KB; 3pp.)
Subject:
Request by Inyo County Office of Education to waive portions of California Education Code Section 48645.2(b), to allow Inyo County Superintendent of Schools to contract with Bishop Union High School District to provide educational services to the Juvenile Hall School located within the Owens Valley Unified School District.
Waiver Number: 38-12-2008
(Recommended for APPROVAL) EC 33051(b) (formerly 33051(c)) will apply
Type of Action: Action


PROFESSIONAL DEVELOPMENT PROGRAM (Mathematics and reading SB 472)

Item W-11 (DOC; 76KB; 4pp.)
Subject:
Request by Long Beach Unified School District to waive California Education Code Section 99237(a)(1), regarding the SB 472 mathematics and reading professional development program so that the district may bypass the "provider" approval process and conduct trainings once it can certify that its training curriculum is based on a previously approved training model.
Waiver Number: 42-12-2008
(Recommended for DENIAL)
Type of Action: Action


Out-of-State Use of Funds and Transportation Allowances (Out-of-State Use of Funds and Transportation Allowances)

Item W-12 (DOC; 83KB; 3pp.)
Subject:
Request by Dunsmuir Joint Union High School District to waive a portion of California Education Code Section 35330(d), to authorize expenditure of school district funds for students to travel to Oregon, to experience the Ashland Shakespeare Festival.
Waiver Number: 4-12-2008
(Recommended for APPROVAL) EC 33051(b) (formerly 33051(c)) will apply
Type of Action: Action


Quality Education Investment Act (Transferring money with students)

Item W-13 (DOC; 97KB; 5pp.)
Subject:
Request by Los Angeles Unified School District to waive California Education Code Section 52055.750(a)(9) regarding class size reduction requirements under the Quality Education Investment Act, in order to allow funds from seven Quality Education Investment Act schools to follow identified students who will be transferring to nine newly constructed schools to ensure they will not lose the benefits of the Quality Education Investment Act program. 
Waiver Number: 11-8-2008
(Recommended for DENIAL)
Type of Action: Action


School Construction Bonds (Bond Indebtedness Limit - Non-unified)

Item W-14 (DOC; 88KB; 3pp.)
Subject:
Request by Planada Elementary School District to waive California Education Code (EC) Section 15102, to allow the district to exceed its bonding limit of 1.25 percent of the taxable assessed value of property. (Requesting 1.55 percent).
Waiver Number: 41-12-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


School Construction Bonds (Citizens Oversight Committee - Term Limits)

Item W-15 (DOC; 83KB; 3pp.)
Subject:
Request by Los Angeles Unified School District for a renewal waiver of portions of California Education Code Section 15282, regarding term limits for members of a Citizens' Oversight Committee for all construction bonds in the district.
Waiver Number: 2-1-2009
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Item W-16 (DOC; 82KB; 3pp.)
Subject:
Request by Montebello Unified School District to waive portions of California Education Code Section 15282, regarding term limits for members of a Citizens' Oversight Committee for all construction bonds in the district.
Waiver Number: 36-12-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Item W-17 (DOC; 88KB; 4pp.)
Subject:
Request by Plumas Unified School District to waive portions of California Education Code Section 15282, regarding term limits for members of a Citizens' Oversight Committee for all construction bonds in the district.
Waiver Number: 11-7-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


School District Reorganization (Elimination of Election Requirement)

Item W-18 (DOC; 94KB; 4pp.)
Subject:
Request by the governing boards of four San Joaquin Valley area school districts to waive portions of California Education Code sections, 5019, 5021, and 5030, and all of Section 5020 that require a district-wide election to establish new trustee areas.
Waiver Numbers:
1-12-2008 Caruthers Unified School District
14-12-2008 Le Grand Union Elementary School District
31-12-2008 Weaver Union Elementary School District
33-12-2008 Atwater Elementary School District
(Recommended for APPROVAL)
Type of Action: Action


SchoolSite Council Statute (Number and Composition of Members)

Item W-19 (DOC; 77KB; 2pp.)
Subject:
Request by Bridgeville Elementary School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small elementary school (Bridgeville Elementary School).
Waiver Number: 21-12-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Item W-20 (DOC; 78KB; 2pp.)
Subject:
Request by Dunsmuir Joint Union High School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small regular high school (Dunsmuir High School).
Waiver Number: 6-11-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Item W-21 (DOC; 78KB; 2pp.)
Subject:
Request by Tahoe-Truckee Joint Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small continuation high school (Sierra Continuation High School).
Waiver Number: 50-12-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


SchoolSite Council Statute (Shared Schoolsite Council)

Item W-22 (DOC; 86KB; 3pp.)
Subject:
Request by Los Molinos Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one schoolsite council to function for two schools: Los Molinos Elementary School and Los Molinos Elementary Community Day School.
Waiver Number: 34-12-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Item W-23 (DOC; 87KB; 3pp.)
Subject:
Request by Merced County Office of Education under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one schoolsite council to function for four schools: Valley Court and Community School, Valley Los Banos Community Day School, Valley Atwater Community Day School, and Merced County Juvenile Hall School
Waiver Number: 11-12-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Special Education Program (Child Specific/ NPA or NPS Certification)

Item W-24 (DOC; 75KB; 2pp.)
Subject:
Request by Berkeley Unified School District to waive California Education Code Section 56366.1(a), the requirement for state certification to allow an uncertified out-of-state nonpublic school, Perkins School for the Blind, located in Waterman, Massachusetts, to provide services to one special education student.
Waiver Number: 51-12-2008
(Recommended for APPROVAL)
Type of Action: Action


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

Item W-25 (DOC; 90KB; 4pp.)
Subject:
Request by Chino Valley Unified School District to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2008, to allow Nadine Acosta and Danielle Romine to continue to provide services to students until June 30, 2009, under a remediation plan to complete those minimum requirements.
Waiver Number: 10-11-2008, 11-11-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Item W-26 (DOC; 95KB; 5pp.)
Subject
: Request by Desert Sands Unified School District to waive California Code of Regulations, Title 5, Section 3051.16(b)(1), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2008, to allow Francine Garza, Martin Coogan, Guadalupe Leon, Kimberly Tingle, Rebecca Wilms, and Debra Hale to continue to provide services to students until June 30, 2009, under a remediation plan to complete the minimum qualifications as set by California Code of Regulations, Title 5, Section 3051.16(b)(1).
Waiver Number: 5-12-2008, 6-12-2008, 7-12-2008, 8-12-2008, 9-12-2008, 10-12-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Special Education Program (Extended School Year (Summer School))

Item W-27 (DOC; 82KB; 3pp.)
Subject:
Request by Chino Valley Unified School District to waive California Code of Regulations, 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: 13-11-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action


Special Education Program (Resource Teacher Caseload)

Item W-28 (DOC; 96KB; 4pp.)
Subject:
Request by Solano County Office of Education under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 by no more than 4 students (32 maximum). Fred Giordano assigned at Solano County Juvenile Detention Facility.
Waiver Number: 5-1-2009
(Recommended for DENIAL)
Type of Action: Action


Sufficiency of Instructional Materials - EC 60119 (Within 8 Weeks of the First Day of School)

Item W-29 (DOC; 82KB; 3pp.)
Subject:
Request by San Luis Obispo County Office of Education, under the authority of California Education Code Section 41344.3, for a retroactive waiver of the audit penalty for the 2006-07 fiscal year of Education Code 60119 regarding the annual public hearing and board resolution on the sufficiency and asufficiency and availability of textbooks and instructional materials for all students at all grade levels and subjects.
Waiver Number: 8-11-2008
(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/ag/].

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