Skip to content
Printer-friendly version

Agenda--May 6-7, 2009

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

Ted Mitchell, President
Ruth Bloom, Vice President

James Aschwanden
Rae Belisle
Alan Bersin
Yvonne Chan
Gregory Jones
David Lopez
Jorge Lopez
Johnathan Williams
Sophia Angelis, Student Member

Secretary & Executive Officer

Hon. Jack O’Connell

Interim Executive Director

Deborah S. Rury

Schedule of Meeting

Location

Wednesday, May 6, 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, May 6, 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, May 7, 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, May 7, 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
May 6-7, 2009

Wednesday, May 6, 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 May 6, 2009, may be carried over to May 7, 2009.

 

AGENDA ITEMS


Item 1 (DOC; 272KB; 14p.)

Subject: STATE BOARD PROJECTS AND PRIORITIES.

Including, but not limited to, future meeting plans; officer elections; State Board office budget, staffing, appointments, and direction to staff; Board Liaison Reports; and other matters of interest, including training.  At this meeting, counsel will present training on the Bagley-Keene Open Meeting Act.  There will also be a presentation regarding the American Recovery and Reinvestment Act and free digital textbooks.

Type of Action:  Action, Information


Item 2 (DOC; 69KB; 1p.)

Subject: PUBLIC COMMENT. 

Public comment is invited on any matter not included on the printed agenda.  Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations.

Type of Action:  Information


Item 3 (DOC; 67KB; 3pp.)

Subject: No Child Left Behind Act of 2001: Action on Recommendations Related to California’s Assignment of Sanctions and Associated Technical Assistance: Expectations for Local Monitoring of Program Improvement Corrective Action Plans.

Type of Action: Action, Information


Item 4 (DOC; 116KB; 10pp.)

Subject: Standardized Testing and Reporting Program: Adoption of Performance Level Descriptors for the California Modified Assessment for English–Language Arts and Mathematics in Grades Three, Four, and Five, and Science in Grade Five.

Type of Action: Action, Information


Item 5 (DOC; 85KB; 4pp.)

Subject:  No Child Left Behind Act of 2001: Report on Review of 49 of 50 2008-09 Local Educational Agency Plans and One 2007-08 Local Educational Agency Plan, and District Assistance and Intervention Team Recommendations for 27 Local Educational Agencies Identified in Program Improvement Corrective Action.

Type of Action: Action, Information


Item 6 (DOC; 60KB; 2pp.)

Subject: Information Regarding the Role and Responsibility of the Schoolsite Council and the Local Governing Board Regarding the Single Plan for Student Achievement.

Type of Action: Action, Information


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

Subject:  Legislative Update, Including, but not Limited to, Information on the 2009-10 Session.

Type of Action:  Action, Information


Item 8 (DOC; 61KB; 2pp.)

Subject:  Formation of a New Regional Occupational Center and Program Joint Powers Agreement Named North County Regional Occupational Program in Santa Clara County.

Type of Action: Action, Information


Item 9 (DOC; 80KB; 5pp.)

Subject: Physical Education Framework for California Public Schools, Kindergarten Through Grade Twelve: Approve Edits to Adopted Text.

Type of Action: Action, Information


Item 10 (DOC; 215KB; 7pp.)

Subject: Charter Schools: Nonclassroom-based Funding Rates.

Type of Action: Action, Information


Item 11 (DOC; 107KB; 3pp.)

Subject: Charter Schools and Participation in Special Education Local Plan Area: Discussion and Action Regarding Challenges, Options, and Solutions to Meet the Needs of Students with Disabilities in Charter Schools.

Type of Action:  Action, Information


***ADJOURNMENT OF DAY’S SESSION***

Thursday, May 7, 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

***PUBLIC HEARINGS***

A Public Hearing on the following agenda items will commence no earlier than 9:00 a.m. on May 7, 2009.  The Public Hearings will be held as close to 9:00 a.m. as the business of the State Board permits.


Item 12 (DOC; 84KB; 4pp.)

Subject: Petition by the Ridgecrest Charter School to Renew a Charter School Under the Oversight of the State Board of Education.

Type of Action:  Action, Information, Public Hearing


Item 13 (DOC; KB; 11p.)
Accessible Alternative Version for portions of Item 13 (PDF; 884KB; 3pp.)

Subject: Renewal of District Charter – Kings River-Hardwick Union Elementary School District.

Type of Action: Action, Information, Public Hearing


Item 14 (DOC; 133KB; 7pp.)

Subject:  Standardized Testing and Reporting Program: The Adoption of Performance Standards (Levels) for the Standards-based Tests in Spanish for Reading/Language Arts and Mathematics in Grades Two, Three, and Four.

Type of Action: Action, Information, Public Hearing


Item 15 (DOC; 398KB; 37pp.)

Subject:  Petition to Establish River Montessori Charter School Under the Oversight of the State Board of Education.

Type of Action: Action, Information, Public Hearing


Item 16 (DOC; 345KB; 37pp.)

Subject:  Renewal of District Charter – Delta View Joint Union Elementary School District.

Type of Action: Action, Information, Public Hearing


*** END OF PUBLIC HEARINGS ***

Item 17 (DOC; 69KB; 2pp.)

Subject:  California High School Exit Examination: Program Update, Including, but not Limited to, Assembly Bill 2040: Appointment of Panel Members.

Type of Action: Action, Information


Item 18 (DOC; 89KB; 2pp.)

Subject:  Standardized Testing and Reporting: Program Update, Including, but not Limited to, the Parent Information Packet and United States Department of Education Peer Review Submission.

Type of Action: Action, Information


Item 19 (DOC; 56KB; 1p.)

Subject: Update on Issues Related to California’s Implementation of No Child Left Behind and Other Federal Programs.

Type of Action: Action, Information


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

Subject: California English Language Development Test: Program Update, Including, but not Limited to, Preliminary Annual Assessment Results for 2008-09, Kindergarten through Grade One Early Literacy Assessment Field Test, and Upcoming Workshops.

Type of Action: Action, Information


Item 21 (DOC; 94KB; 2pp.)

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

Type of Action: Action, Information


Item 22 (DOC; 89KB; 4pp.)

Subject: Assignment of Numbers for Charter School Petitions.

Type of Action: Action, Information


Item 23 (DOC; 58KB; 2pp.)

Subject: Request by the Los Angeles Unified School District Regarding Education Code Sections 17515-17526, Joint Public/Private Occupancy Proposal, Allowing the Los Angeles Unified School District and the Bridge Housing Corporation to Enter into Leases and Agreements Relating to Real Property and Buildings to be Used Jointly by the District and the Bridge Housing Corporation.

Type of Action: Action, Information


Item 24 (DOC; 54KB; 1p.)

Subject: 2008 Annual Report of Waiver Activity

Type of Action: Action, Information


Item 25 (DOC; 53KB; 1p.)

Subject:  African American Advisory Committee: Appointment of Members.

Type of Action: Action, Information


Item 26 (DOC; 74KB; 3pp.)

Subject:  No Child Left Behind Act of 2001: Action on Recommendations Related to California’s Assignment of Sanctions and Associated Technical Assistance for One Local Educational Agency in Program Improvement Corrective Action.

Type of Action: Action, Information


Item 27 (DOC; 106KB; 3pp.)

Subject:  Consolidated Applications 2008-09: Approval.

Type of Action: Action, Information


Item 28 (DOC; 69KB; 2pp.)

Subject:  No Child Left Behind Act of 2001: Supplemental Educational Services Providers: Approval of Additional Providers to the 2009-2011 State Board of Education-Approved Supplemental Educational Services Provider List.

Type of Action: Action, Information


Item 29 (DOC; 85KB; 3pp.)

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; 144KB; 6pp.)

Subject: The Administrator Training Program, Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of Applications for Funding from Local Educational Agencies.

Type of Action: Action, Information


Item 31 (DOC; 81KB; 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 32 (DOC; 130KB; 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 33 (DOC; 56KB; 2pp.)

Subject: Advisory Commission on Charter Schools: Appointment of Member.

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. All waiver agenda items are scheduled for action.


Charter School Program (Average Daily Attendance-to-Teacher Ratio)

Item WC-1 (DOC; 95KB; 3pp.)

Subject: Request by Spencer Valley Elementary School District for California Virtual Academy @ San Diego to waive portions of California Education Code Section 51745.6, California Code of Regulations, Title 5, sections 11704, and portions of 11963.4(a)(3), related to charter school independent study average daily attendance-to-teacher ratios to allow an increase from a 25:1 ratio to a 27.5:1 average daily attendance-to-teacher ratio.
Waiver Number: 2-4-2008
(Recommended for APPROVAL)


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

Item WC-2 (DOC; 85KB; 2pp.)

Subject: Request by twenty-three 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.
(Recommended for APPROVAL WITH CONDITIONS)


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

Item WC-3 (DOC; 86KB; 2pp.)

Subject: Request by twenty-three 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.
(Recommended for APPROVAL WITH CONDITIONS)


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

Item WC-4 (DOC; 87KB; 3pp.)

Subject: Request by Igo-Ono Platina Union Elementary School District under the authority of California Education Code Section 46206(a) to waive Education Code Section 46202(b), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2007-08 fiscal year than the amount the district offered in 1982-83 at Igo-Ono Elementary School for students in grades four through eight (shortfall of 1,120 minutes).
Waiver Number: 11-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


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

Item WC-5 (DOC; 86KB; 3pp.)

Subject: Request by Gilroy Unified School District under the authority of California Education Code Section 46206 to waive Education Code Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2007-08 fiscal year than the state minimum set in 1986-87 at Luigi Aprea Elementary School for students in grades four and five (shortfall of 137 minutes).
Waiver Number: 6-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


Physical Education Program (Block Schedules)

Item WC-6 (DOC; 96KB; 4pp.)

Subject: Request by Elk Grove Unified School District to waive portions of California Education Code Section 51222(a), the statutory minimum of 400 minutes of Physical Education required each ten school days for students in grades seven through twelve in order to implement a block schedule at Laguna Creek High School and the following shared campuses: Elizabeth Pinkerton Middle School and Consumnes Oaks High School; T.R. Smedberg Middle School and Sheldon High School; Toby Johnson Middle School and Franklin High School; Edward Harris Jr. Middle School and Monterey Trail High School.
Waiver Number: 71-2-2009
(Recommended for APPROVAL) EC 33051(b) will apply


School Construction Bonds (Bond Indebtedness Limit - Non-Unified after 2000)

Item WC-7 (DOC; 90KB; 3pp.)

Subject: Request by Ross Elementary School District to waive California Education Code sections 15102 and 15268, to allow the district to exceed its bonded indebtedness limit of 1.25 percent of the taxable assessed value of property (Recommending 1.43 percent).
Waiver Number: 8-3-2009
(Recommended for APPROVAL WITH CONDITIONS)


SchoolSite Council Statute (Number and Composition of Members)

Item WC-8 (DOC; 79KB; 2pp.)

Subject: Request by Needles Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small rural school, Parker Dam Elementary School.
Waiver Number: 12-1-2009
(Recommended for APPROVAL WITH CONDITIONS)


SchoolSite Council Statute (Shared Schoolsite Council)

Item WC-9 (DOC; 84KB; 2pp.)

Subject: Request by Eureka City Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council to function for two high schools: Humboldt Bay High School and Eureka High School.
Waiver Number: 52-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item WC-10 (DOC; 85KB; 2pp.)

Subject: Request by Waterford 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: Waterford High School and Sentinel High School (continuation).
Waiver Number: 5-3-2009
(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item WC-11 (DOC; 81KB; 3pp.)

Subject: Request by Rocklin 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 students by no more than 4 students (32 maximum). Jo Anne Matney assigned at Parker Whitney Elementary School and Tobin George assigned at Spring View Middle School.
Waiver Number: 59-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


State Meal Mandate (Summer School Session)

Item WC-12 (DOC; 82KB; 3pp.)

Subject: Request by 29 school districts under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the summer school session.  
Waiver Number: Various – See attached table
(Recommended for APPROVAL)


State Testing Apportionment Report

Item WC-13 (DOC; 79KB; 2pp.)

Subject: Request by eight local educational agencies to waive the State Testing Apportionment Information Report deadline of December 31, 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)


NON-CONSENT (ACTION)

The following agenda items include waivers that CDE staff has identified as potentially having opposition, or presenting new or unusual issues that should be considered by the State Board or are recommended for denial. 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. All waiver agenda items are scheduled for action.


Academic Performance Index (API) Score Waiver (Adult Testing Irregularities)

Item W-1 (DOC; 87KB; 3pp.)

Subject: Request by Taft Union High School District for a waiver of a portion of California Code of Regulations, Title 5, Section 1032(d)(1) & (6), related to the Academic Performance Index, to allow Taft Union High School to be given a valid Academic Performance Index for the 2008 year despite 12.2 percent “adult testing irregularities,” (California Biology/Life Science Standards Test for 83 students).
Waiver Number: 72-2-2009
(Recommended for DENIAL)


AFTER SCHOOL EDUCATION AND SAFETY PROGRAM

Item W-2 (DOC; 90KB; 3pp.)

Subject: Request by Kernville Union Elementary School District to waive California Education Code Section 8483.7(a)(1)(c), regarding the after school program for two schools, Wallace Elementary and Wallace Middle School, recently combined into one site, with the unintended result that the district is not eligible to receiving funding for each school site. The purpose of this waiver is to receive the after school program funding for both the elementary and middle schools separately in order to provide services to all students enrolled in the program.
Waiver Number: 13-1-2009
(Recommended for APPROVAL WITH CONDITIONS)


Charter School Program (Pupil Teacher Ratio)

Item W-3 (DOC; 95KB; 3pp.)

Subject: Request by West Covina Unified School District for California Virtual Academy @ Los Angeles to waive portions of California Education Code Section 51745.6, and California Code of Regulations, Title 5, sections 11704, and portions of 11963.4(a)(3), related to charter school independent study pupil-to-teacher ratios to allow an increase from a 25:1 ratio to a 27.5:1 pupil-to-teacher ratio.
Waiver Number: 25-4-2008
(Recommended for APPROVAL WITH CONDITIONS)


Immediate Intervention/Underperforming Schools Program (IIUSP) (36 Month Secondary Sanctions)

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

Subject: Request by Lodi Unified School District to waive California Education Code Section 52055.55(b), to allow Napa/Solano County Office of Education to continue as the School Assistance and Intervention Team provider at Delta Sierra Middle School as part of a secondary sanction required after the thirty-six month review of state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program.
Waiver Number: 63-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-5 (DOC; 87KB; 3pp.)

Subject: Request by Coast 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: 31-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item W-6 (DOC; 87KB; 3pp.)

Subject: Request by Lompoc 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 Mathematics and Reading/Language Arts–English-Language Development (kindergarten through grade eight only) for 12 additional months.
Waiver Number: 40-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item W-7 (DOC; 87KB; 3pp.)

Subject: Request by San Rafael City Elementary 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: 19-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item W-8 (DOC; 87KB; 3pp.)

Subject: Request by Shandon Joint 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 Mathematics and Reading/Language Arts–English-Language Development (kindergarten through grade eight only) for 12 additional months.
Waiver Number: 45-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-9 (DOC; 85KB; 3pp.)

Subject: Request by Laton Joint Unified School District under the authority of California Education Code Section 46206(a) to waive Education Code Section 46202(b), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2007-08 fiscal year than what the district offered in 1982-83 at Layton Elementary for students in grades four and five (shortfall of 205 minutes).
Waiver Number: 29-12-2008
(Recommended for APPROVAL WITH CONDITIONS)


Out-of-State Use of Funds and Transportation Allowances

Item W-10 (DOC; 83KB; 2pp.)

Subject: Request by Hornbrook Elementary 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 and Science Works Museum.
Waiver Number: 47-2-2009
(Recommended for APPROVAL) EC 33051(b) will apply


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-11 (DOC; 67KB; 3pp.)

Subject: Request by Happy Camp Union Elementary 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 this funded school reduce their class sizes by an average of 5 students per class by the end of the 2010-11 school year for Happy Camp Elementary School in grades four through eight (requesting 20-1 ratio).
Waiver Number: 102-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Transferring money with students)

Item W-12 (DOC; 69KB; 3pp.)

Subject: Request by Los Angeles Unified School on behalf of Green Dot Public Schools to waive California Education Code Section 52055.750(a)(9) under the Quality Education Investment Act, in order to allow funds from Alain LeRoy Locke Charter High School, a Quality Education Investment Act school to follow identified students to four Locke Conversion Charter Schools under the Locke Transformation Project. (5 charters total)    
Waiver Number: 103-2-2009
(Recommended for DENIAL)


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

Item W-13 (DOC; 91KB; 4pp.)

Subject: Request by Alhambra Unified School District for a renewal to waive portions of California Education Code sections 17466, 17472, and 17475 and all of 17473 and 17474, specific statutory provisions for the Sale and Lease of Surplus Property. Approval of the waiver would allow the district to sell a piece of property using a broker and a “request for proposal” process, thereby maximizing the proceeds from the sale. The property for which the waiver is requested is the South Marengo Avenue Property.
Waiver Number: 74-2-2009
(Recommended for APPROVAL WITH CONDITIONS


Item W-14 (DOC; 90KB; 4pp.)

Subject: Request by Alhambra Unified School District to waive portions of California Education Code sections 17466, 17472, and 17475 and all of 17473 and 17474, which are specific statutory provisions for the Sale and Lease of Surplus Property. Approval of the waiver would allow the district to sell a piece of property using a broker and a “request for proposal” process, thereby maximizing the proceeds from the sale. The district property for which the waiver is requested is the 15 West Alhambra Road Property.
Waiver Number: 75-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


School Construction Bonds (Bond Indebtedness Limit - Unified after 2000)

Item W-15 (DOC; 90KB; 3pp.)

Subject: Request by West Contra Costa Unified School District to waive California Education Code sections 15106 and 15270, to allow the district to exceed its bond indebtedness limit of 2.5 percent of the taxable assessed value of property. (Recommending 3.13 percent)
Waiver Number: 77-2-2009
(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-16 (DOC; 82KB; 3pp.)

Subject: Request by Ceres Unified School District to waive California Education Code Section 5020, and portions sections of 5019, 5021, and 5030 that require a district-wide election to establish new trustee areas.
Waiver Number: 62-2-2009
(Recommended for APPROVAL)


School District Reorganization (Lapsation of a Small District)

Item W-17 (DOC; 85KB; 3pp.)

Subject: Request by Chinese Camp Elementary School District to waive portions of California Education Code sections 35780 and 35782, which requires lapsation of a district with an average daily attendance of less than six.
Waiver Number: 7-3-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item W-18 (DOC; 94KB; 5pp.)

Subject: Request by Delta View Joint Union Elementary School District to waive portions of California Education Code sections 35780 and 35782, which requires lapsation of a district with an average daily attendance of less than six.
Waiver Number: 27-3-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item W-19 (DOC; 85KB; 3pp.)

Subject: Request by Montebello Elementary School District to waive portions of California Education Code sections 35780 and 35782, which requires lapsation of a district with an average daily attendance of less than six.
Waiver Number: 14-3-2009
(Recommended for APPROVAL WITH CONDITIONS)


SchoolSite Council Statute (Number and Composition of Members)

Item W-20 (DOC; 65KB; 13pp.)

Subject: Request by Orick 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 school, Orick Elementary School.
Waiver Number: 4-3-2009
(Recommended for APPROVAL WITH CONDITIONS)


SchoolSite Council Statute (Shared Schoolsite Council)

Item W-21 (DOC; 84KB; 3pp.)

Subject: Request by Gustine 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 three schools: Gustine High School, Pioneer High School (continuation) and Gustine Community Day School.
Waiver Number: 3-12-2008
(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Algebra I Requirement for Graduation)

Item W-22 (DOC; 82KB; 2pp.)

Subject: Request by Galt Joint Union High School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2008-09 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 Education Code Section 56101, the special education waiver authority.
Waiver Number: 14-1-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item W-23 (DOC; 80KB; 3pp.)

Subject: Request by Riverside Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2008-09 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for seven special education students based on Education Code Section 56101, the special education waiver authority.
Waiver Number: 9-3-2009
(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-24 (DOC; 89KB; 3pp.)

Subject: Request by San Diego Unified School District under the authority of California Education Code Section 56101 for renewal of a “single child waiver” of Education Code Section 56366.1(a), the certification requirement for a nonpublic residential school, Judge Rotenberg Center, located in Canton, Massachusetts to allow one student (student number 010292026) to attend that school using special education funds. This request is also made to waive Education Code Section 56520(a)(3), California Code of Regulations, Title 5, Section 3052(a)(5), and Section 3052 (l), to allow the use of aversive treatment for this student’s self-injurious behavior.
Waiver Number: 30-3-2009
(Recommended for APPROVAL)


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

Item W-25 (DOC; 89KB; 4pp.)

Subject: Request by Imperial County Office of Education to waive California Code of Regulations (CCR), 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 Esther Silvas, Lucia Rascon, Juana Espinoza, Magdaleno Rene Gonzalez, and Rosa Amelia Cruz to continue to provide services to students until June 30, 2010, under a remediation plan to complete the minimum qualifications as set by CCR, Title 5, Section 3051.16(b)(1).
Waiver Numbers: 53-3-2009, 54-3-2009, 55-3-2009, 56-3-2009, and 57-3-2009
(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-26 (DOC; 84KB; 3pp.)

Subject: Request by Colusa County Office of Education 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: 15-2-2009
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply


Item W-27 (DOC; 80KB; 3pp.)

Subject: Request by Tuolumne County Office of Education 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: 6-3-2009
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply


Item W-28 (DOC; 82KB; 3pp.)

Subject: Request by Upland 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: 18-2-2009
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply


PHYSICAL EDUCATION PROGRAM (Interscholastic Non-Athletic Programs)

Item W-29 (DOC; 76KB; 3pp.)

Subject: Request by Bellflower Unified School District to waive California Education Code sections 35179 and 51242, to allow students who participate in school-sponsored interscholastic non-athletic programs to be exempt from attending physical education course requirements.
Waiver Number: 27-2-2009
(Recommended for DENIAL)


State Meal Mandate (Summer School Session)

Item W-30 (DOC; 82KB; 2pp.)

Subject: Request by various school districts under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the summer school session.  
Waiver Number: Placeholder
(Recommended for DENIAL)


***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 
Download Free Readers