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Agenda--September 16-17, 2009

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

Ted Mitchell, President
Ruth Bloom, Vice President

James Aschwanden
Rae Belisle
Yvonne Chan
Gregory Jones
David Lopez
Jorge Lopez
Johnathan Williams
Student Member, Vacant

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Theresa Garcia

Schedule of Meeting

Location

Wednesday, September 16, 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, September 16, 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, September 17, 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

Please see Closed Session Agenda above. 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.

Schedule of Meeting

Location

Thursday, September 17, 2009
10:00 a.m. Pacific time +
(Upon Adjournment of Closed Session, if held)

STATE BOARD OF EDUCATION
Public Session

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

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


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

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


REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY

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


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA

Public Session
September 16-17, 2009

Wednesday, September 16, 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 September 16, 2009, may be carried over to September 17, 2009.

AGENDA ITEMS


Item 1 (DOC; 96KB; 2pp.)

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. There will also be a report from the African American Advisory Committee, the English Learner Advisory Committee, the Secretary of Education, which will include an update on the Governor’s digital textbook initiative and the Race to the Top initiative, a presentation on the American Diploma Project, and a board resolution regarding the Decennial 2010 Census.

Type of Action:  Action, Information


Item 2 (DOC; 72KB; 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; 1,415KB; 20pp.)

Subject: No Child Left Behind Act of 2001: Request for Waivers Under Title I, Part A Section 9401 of the Elementary and Secondary Education Act.

Type of Action: Action, Information


Item 4 (DOC; 1,330KB; 5pp.)

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; 697KB; 48pp.)

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 6 (DOC; 203KB; 17pp.)

Subject: Local Educational Agencies in Program Improvement Corrective Action: Approval of Revised Standards for the Work of a District Assistance and Intervention Team.

Type of Action: Action, Information


Item 7 (DOC; 57KB; 2pp.)

Subject:  No Child Left Behind Act of 2001: Supplemental Educational Services: Withdraw Prior Rulemaking File #Z-09-0316-03 Seeking To Amend the California Code of Regulations, Title 5, Sections 13075.1 Through 13075.5.

Type of Action: Action, Information


Item 8 (DOC; 731KB; 58pp.)

Subject:  No Child Left Behind Act of 2001: Supplemental Educational Services: Approve Commencement of the Rulemaking Process for Amendments to California Code of Regulations, Title 5, Sections 13075.1 Through 13075.9.

Type of Action: Action, Information


Item 9 (DOC; 303KB; 22pp.)

Subject: No Child Left Behind Act of 2001, Title III, Part A: Update on the United States Department of Education’s Monitoring Visit.

Type of Action: Action, Information


***PUBLIC HEARINGS***

A Public Hearing on the following agenda items will commence no earlier than 11:00 a.m. on September 16, 2009. The Public Hearings will be held as close to 11:00 a.m. as the business of the state board permits.

Item 10 (DOC; 3MB; 153pp.)

Subject:  The Reading First Program (Title I, Part B, Federal No Child Left Behind Act), the Discontinuation of Funding for Pajaro Valley Unified School District Due to Lack of Significant Progress as Required, California Education Code Section 51700 and California Code of Regulations, Title 5 sections 11991-11991.2.

Type of Action: Action, Information, Public Hearing


Item 11 (DOC; 838KB; 32pp.)

Subject:  The Reading First Program (Title I, Part B, Federal No Child Left Behind Act), the Discontinuation of Funding for Ravenswood City School District Due to Lack of Significant Progress as Required, California Education Code Section 51700 and California Code of Regulations, Title 5 sections 11991-11991.2.

Type of Action:  Action, Information, Public Hearing


***END OF PUBLIC HEARINGS***

Item 12 (DOC; 71KB, 4pp.)

Subject:  The Administrator Training Program: Approval of Training Providers and Training Curricula.

Type of Action:  Action, Information


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

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

Type of Action: Action, Information


Item 14 (DOC; 2,858KB; 49pp.)

Subject:  Approval of 2009-10 Consolidated Applications.

Type of Action: Action, Information


Item 15 (DOC; 81KB; 3pp.)

Subject:  Approval of 2008-09 Consolidated Applications.

Type of Action: Action, Information


Item 16 (DOC; 544KB; 21pp.)

Subject:  Standardized Testing and Reporting: Program Update, Including, but not Limited to, Report on 2009 Results.

Type of Action: Action, Information


Item 17 (DOC; 103KB; 4pp.)

Subject: Standardized Testing and Reporting Program: Amendment to Educational Testing Service Contract.

Type of Action: Action, Information


Item 18 (DOC; 186KB; 6pp.)

Subject: Standardized Testing and Reporting Program: California Modified Assessment Blueprints for English–Language Arts in Grade Eleven and for Geometry.

Type of Action: Action, Information


Item 19 (DOC; 92KB; 3pp.)

Subject: Standardized Testing and Reporting Program: California Modified Assessment Standard Setting for English–Language Arts in Grade Six Through Eight, Mathematics in Grades Six and Seven, and Science in Grade Eight.

Type of Action: Action, Information


Item 20 (DOC; 55KB; 1p.)

Subject:  Accountability Progress Reporting System: Results from the 2009 Growth Academic Performance Index, 2009 Adequate Yearly Progress, and 2009-10 Program Improvement Reports.

Type of Action: Action, Information


Item 21 (DOC; 68KB; 2pp.)

Subject: California English Language Development Test: Program Update Including, but not Limited to, Initial identification and Combined Summary Results for 2008-09, Resources for Districts and Schools, and 2009-10 Training's for District Coordinators.

Type of Action: Action, Information


Item 22 (DOC; 186KB; 7pp.)

Subject:  California High School Exit Examination: Program Update, Including, but not Limited to, Results for July 2008 through May 2009 Administrations, Summary of the American Institutes for Research Independent Evaluation Study Interim Report, and Summary of the Assembly Bill 2040 Panel Meeting.

Type of Action:  Action, Information


Item 23 (DOC; 59KB; 2pp.)

Subject: California High School Exit Examination: Adopt Amendments to the California Code of Regulations, Title 5, Sections 1200 through 1216.

Type of Action: Action, Information


Item 24 (DOC; 149KB; 16pp.)

Subject: Nonpublic School and Agency Certification: Approve Commencement of the Rulemaking Process for Amendments to California Code of Regulations, Title 5, sections 3001, 3060, and 3065.

Type of Action: Action, Information


Item 25 (DOC; 95KB; 5pp.)

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

Type of Action: Action, Information


Thursday, September 17, 2009 – 10:00 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 meetings

Communications

Announcements

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

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

AGENDA ITEMS

***PUBLIC HEARING***

A Public Hearing on the following agenda item will commence no earlier than 10 a.m. on September 17, 2009.  The Public Hearing will be held as close to 10 a.m. as the business of the State Board permits.

Item 26 (DOC; 2,848KB; 201pp.)

Subject:  Appeal of the Local Non-renewal of the Nova Meridian Academy.

Type of Action: Action, Information, Public Hearing


***END OF PUBLIC HEARING***

Item 27 (DOC; 169KB; 4pp.)

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

Type of Action: Action, Information


Item 28 (DOC; 65KB; 2pp.)

Subject: Charter School Regulations Regarding Charter School Revocations and the Revocation Appeal Process, and State Charter School Petitioner Notification Requirements: Update.

Type of Action:  Action, Information


Item 29 (DOC; 2MB; 19pp.)

Subject: Background and General Issues Related to School District Organization.

Type of Action:  Action, Information


Item 30 (DOC; 1,465KB; 50pp.)

Subject: Appeal of a decision by the Fresno County Committee on School District Organization to disapprove a petition to transfer territory from the Fresno Unified School District to the Clovis Unified School District in Fresno County.

Type of Action:  Action, Information


Item 31 (DOC; 861KB; 5pp.)

Subject: Appeal of a decision by the San Mateo County Committee on School District Organization to disapprove a petition to transfer territory from the Ravenswood City School District to the Menlo Park City School District in San Mateo County.

Type of Action:  Action, Information


Item 32 (DOC; 59KB; 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 Abode Communities to Enter into Leases and Agreements Relating to Real Property and Buildings to be Used Jointly by the District and the Abode Communities.

Type of Action:  Action, Information


Item 33 (DOC; 83KB; 4pp.)

Subject: Assignment of Numbers for Charter School Petitions.

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.

Charter School Program (Attendance Accounting for Multi-Track)

Item WC-1 (DOC; 86KB; 3pp.)

Subject: Request by Baldwin Park Unified School District for Opportunities for Learning – Baldwin Park II Charter School to waive California Code of Regulations, Title 5, Section 11960(a), to allow charter school attendance to be calculated as if it were a regular multi-track school.

Waiver Number: 5-6-2009
(Recommended for APPROVAL WITH CONDITIONS)
Education Code Section 33051(b) will apply


Class Size Penalties (Over Limit on Grades 1-3)

Item WC-2 (DOC; 91KB; 4pp.)

Subject: Request by San Jose Unified School District under the authority of California Education Code Section 41382 to waive portions of Education Code Section 41376 (a), (c), and (d), relating to class size penalties for grades one through three (retroactively). In 2007-08 one third grade class at Selma Olinder Elementary School had 34 pupils enrolled, exceeding the limit of 32 pupils, which resulted in the assessment of a financial penalty for the school district.

Waiver Number: 41-6-2009
(Recommended for APPROVAL WITH CONDITIONS)


Class Size Penalties (Over Limit on Grades 4-8)

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

Subject: Request by Huntington Beach City Elementary School District to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. Current class size is 29.9 to one, district wishes to increase to 32 to one, prospectively, for the 2009-2010 fiscal year.

Waiver Number: 24-5-2009
(Recommended for APPROVAL)


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

Item WC-4 (DOC; 86KB; 3pp.)

Subject: Request by Clovis 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, 2009, to allow Elizabeth Gonzalez, Erin Uribe, and Dianna Clayton to continue to provide services to students until June 30, 2010, under a remediation plan to complete the minimum qualifications.

Waiver Number: 42-6-2009, 43-6-2009, 45-6-2009
(Recommended for APPROVAL WITH CONDITIONS)


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

Item WC-5 (DOC; 76KB; 2pp.)

Subject: Request by Bret Harte Union High District for Bret Harte High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270.)

Waiver Number: Fed-2-2009
(Recommended for APPROVAL)


Item WC-6 (DOC; 77KB; 2pp.)

Subject: Request by Cloverdale Unified School District for Cloverdale High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270.)

Waiver Number: Fed-9-2009
(Recommended for APPROVAL)


Item WC-7 (DOC; 77KB; 2pp.)

Subject: Request by Golden Valley Unified School District for Liberty High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270.)

Waiver Number: Fed-3-2009
(Recommended for APPROVAL)


Item WC-8 (DOC; 76KB; 2pp.)

Subject: Request by Laton Joint Unified School District for Laton High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270.)

Waiver Number: Fed-4-2009
(Recommended for APPROVAL)


Item WC-9 (DOC; 77KB; 2pp.)

Subject: Request by Middletown Unified School District for Middletown High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270.)

Waiver Number: Fed-10-2009
(Recommended for APPROVAL)


Item WC-10 (DOC; 76KB; 2pp.)

Subject: Request by Mountain Empire Unified School District for Mountain High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270.)

Waiver Number: Fed-8-2009
(Recommended for APPROVAL)


Item WC-11 (DOC;76 KB; 2pp.)

Subject: Request by Pierce Joint Unified School District for Pierce High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270.)

Waiver Number: Fed-11-2009
(Recommended for APPROVAL)


Item WC-12 (DOC; 78KB; 2pp.)

Subject: Request by Waterford Unified School District for Waterford High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270.)

Waiver Number: Fed-6-2009
(Recommended for APPROVAL)


Item WC-13 (DOC; 76KB; 2pp.)

Subject: Request by Westwood Unified School District for Westwood High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270.)

Waiver Number: Fed-7-2009
(Recommended for APPROVAL)


Physical Education Program (Block Schedules)

Item WC-14 (DOC; 93KB; 3pp.)

Subject: Request by El Dorado Union High School District for a renewal 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 Union Mine High School.

Waiver Number: 55-5-2009
(Recommended for APPROVAL)
Education Code Section 33051(b) will apply


Item WC-15 (DOC; 94KB; 4pp.)

Subject: Request by San Luis Coastal Unified School District for a renewal 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 San Luis Obispo High School.

Waiver Number: 4-6-2009
(Recommended for APPROVAL)
Education Code Section 33051(b) will apply


Item WC-16 (DOC; 91KB; 3pp.)

Subject: Request by Woodland Joint 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 nine through twelve in order to implement a block schedule at Pioneer High School.

Waiver Number: 7-6-2009
(Recommended for APPROVAL)
 Education Code Section 33051(b) will apply


Quality Education Investment Act (Class Size Reduction Requirements)

Item WC-17 (DOC; 93KB; 4pp.)

Subject: Request by Pond 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 five students per class by the end of the 2010-11 school year for Pond Elementary School (requesting 24-1 ratio).

Waiver Number: 38-5-2009
(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (Number and Composition of Members)

Item WC-18 (DOC; 81KB; 2pp.)

Subject: Request by Valley Home Joint Elementary School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow shared schoolsite council with a reduction in the number and composition of members for two small rural schools, Valley Home School and Valley Home Community Day School.

Waiver Number: 26-5-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item WC-19 (DOC; 80KB; 2pp.)

Subject: Request by Davis 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 school, Fairfield Elementary School.

Waiver Number: 13-6-2009
(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (Shared Schoolsite Council)

Item WC-20 (DOC; 82KB; 2pp.)

Subject: Request by Mountain Empire 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 schools, Pine Valley Elementary and Descanso School.

Waiver Number: 2-6-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item WC-21 (DOC; 62KB; 2pp.)

Subject: Request by Surprise Valley Joint 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 four small schools, Surprise Valley Jr/Sr High School, Surprise Valley Elementary School, Surprise Valley Community Day School, and Great Basin Continuation High School.

Waiver Number: 54-6-2009
(Recommended for APPROVAL WITH CONDITIONS)


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

Item WC-22 (DOC; 79KB; 2pp.)

Subject: Request by San Francisco Special Education Local Plan Area under the authority of California Education Code Section 56101 to waive Education Code Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Bay Area Communication Access, a Nonpublic Agency.

Waiver Number: 33-6-2009
(Recommended for APPROVAL)


Special Education Program (Resource Teacher Caseload)

Item WC-23 (DOC; 77KB; 2pp.)

Subject: Request by Poway 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). Arlene Yamane assigned at Los Penasquitos Elementary School.

Waiver Number: 6-7-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item WC-24 (DOC; 88KB; 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).  Andrea Tiernan-Pollock assigned at Sierra and Antelope Creek Elementary Schools.

Waiver Number: 11-4-2009
(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report

Item WC-25 (DOC; 81KB; 1p.)

Subject: Request by two 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)


Instructional Materials Funding Realignment Program (IMFRP) (Petition to Purchase Special Education Non Adopted Material)

Item WC-26 (DOC; 83KB; 3pp.)

Subject: Petition request by Poway Unified School District under California Education Code sections 60421(d) and 60200(g) to purchase specified non-adopted instructional materials for severely disabled children using Instructional Materials Funding Realignment Program monies.

Waiver Number: 8-7-2009
(Recommended for APPROVAL)


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.

Charter School Program (Economic Impact Aid)

Item W-1 (DOC; 81KB; 2pp.)

Subject: Request by Vallejo City Unified School District for Mare Island Technology Academy Charter Middle School and High School to waive portions of California Education Code Section 54026(a)(2)(B) to allow a revision to the first principal apportionment report (P-1) for the 2008-09 school year, so that the charter may receive funding for economically disadvantaged pupils who were served in those years.

Waiver Number: 23-5-2009
(Recommended for APPROVAL)


Community Day Schools (CDS) (Unified District - Pattern Like a K-8 School)

Item W-2 (DOC; 81KB; 2pp.)

Subject: Request by Trona Joint Unified School District for a waiver of portions of California Education Code sections 48660 and 48916.1(d) to permit a community day school to serve students in grades five and six with students in grades seven through twelve.

Waiver Number: 31-6-2009
(Recommended for APPROVAL)


ENGLISH LANGUAGE ADVISORY COMMITTEE (Shared with Multiple Schools)

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

Subject: Request by Madera County Office of Education to waive California Education Code sections 62002.5 and 52176(b), to allow one English Learner Advisory Committee to function for ten small schools, Apollo Elementary Community Day School, Enterprise Intermediate School, Challenger Elementary Community Day School, Discovery Secondary Community Day School, Madera County Independent Academy, Enterprise Secondary School, Endeavor Secondary School, Voyager Secondary School, Pioneer Technical Center, and Cal-SAFE.

Waiver Number: 12-4-2009
(Recommended for APPROVAL WITH CONDITIONS)


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

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

Subject: Request by Alta Vista Elementary School District under the authority of California Education Code Section 46206 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 district offered in 1982-83 at Alta Vista for students in grades four and five (shortfall of 275 minutes).

Waiver Number: 10-4-2009
(Recommended for APPROVAL WITH CONDITIONS)


Instructional Time Requirement Audit Penalty (Longer Day and Year)

Item W-5 (DOC; 88KB; 3pp.)

Subject: Request by Oakland Unified School District under the authority of California Education Code Section 46206 (a) to waive Education Code Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2005-06 fiscal year than the state minimum set in 1986-87 at Brookfield Elementary School for students in grades four and five (shortfall of 450 minutes) and Marshall Elementary School for students in grades four and five (shortfall of 150 minutes).

Waiver Number: 42-5-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item W-6 (DOC; 86KB; 3pp.)

Subject: Request by Perris Union High School District under the authority of California Education Code Section 46206(a) 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 Paloma Valley High School for students in grades nine through twelve (shortfall of 148 minutes).

Waiver Number: 75-3-2009
(Recommended for APPROVAL WITH CONDITIONS)


Layoff of Noncertificated Employees (Layoff of Noncertificated Employees)

Item W-7 (DOC; 91KB; 4pp.)

Subject: Request by Trinity Alps Unified School District to waive California Education Code Section 45121 to allow layoff of noncertificated employees during fiscal year 2009-10, after a recent unification of Trinity Union High and Weaverville Elementary School Districts.

Waiver Number: 70-3-2009
(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-8 (DOC; 126KB; 5pp.)

Subject: Request by Redding 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 class sizes by an average of 5 students per class by the end of the 2010-11 school year for Juniper Elementary School (requesting 24-1 ratio).

Waiver Number: 69-3-2009
(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-9 (DOC; 88KB; 3pp.)

Subject: Request by Richland Union Elementary School District to waive California Education Code sections 15102 and 15268, to allow the district to exceed its bonding limit of 1.25 percent of the taxable assessed value of property (requesting 1.90 percent).

Waiver Number: 39-5-2009
(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-10 (DOC; 86KB; 3pp.)

Subject: Request by Santa Clara County Office of Education to waive a portion of California Education Code Section 35709, which will result in the elimination of the election requirement for a transfer of territory from Campbell Union and Campbell Union High School Districts to San Jose Unified School District.

Waiver Number: 34-6-2009
(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (In loco parentis Members)

Item W-11 (DOC; 80KB; 2pp.)

Subject: Request by Trinity County Office of Education under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow person who serve in loco parentis to incarcerated youth at the Trinity County Juvenile Hall Court School to serve as parent members on the schoolsite council.

Waiver Number: 33-5-2009
(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (Number and Composition of Members)

Item W-12 (DOC; 78KB; 2pp.)

Subject: Request by Carpinteria 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 to function for a small school, Summerland Elementary School.

Waiver Number: 22-5-2009
(Recommended for APPROVAL WITH CONDITIONS)


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

Subject: Request by Carpinteria 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 school, Rincon Continuation High School.

Waiver Number: 28-5-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item W-14 (DOC; 78KB; 2pp.)

Subject: Request by Carpinteria 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 school, Carpinteria Family School.

Waiver Number: 34-5-2009
Recommended for APPROVAL WITH CONDITIONS)


Item W-15 (DOC; 78KB; 2pp.)

Subject: Request by Hilmar 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 rural school, Irwin Continuation High School.

Waiver Number: 19-5-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item W-16 (DOC; 79KB; 2pp.)

Subject: Request by Lompoc 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 rural school, Maple Continuation High School.

Waiver Number: 29-5-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item W-17 (DOC; 79KB; 2pp.)

Subject: Request by Plum Valley 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 rural school, Plum Valley Elementary School.

Waiver Number: 41-5-2009
(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (Shared Schoolsite Council)

Item W-18 (DOC; 85KB; 2pp.)

Subject: Request by Hanford Elementary 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 schools, Hanford Elementary Community Day School and Hamilton Elementary School.

Waiver Number: 11-6-2009
(Recommended for APPROVAL WITH CONDITIONS)


Item W-19 (DOC; 82KB; 2pp.)

Subject: Request by Madera County Office of Education 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 ten small schools, Apollo Elementary Community Day School, Enterprise Intermediate School, Challenger Elementary Community Day School, Discovery Secondary Community Day School, Madera County Independent Academy, Enterprise Secondary School, Endeavor Secondary School, Voyager Secondary School, Pioneer Technical Center, and Cal-SAFE.

Waiver Number: 15-4-2009
(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-20 (DOC; 90KB; 2pp.)

Subject: Request by Kings County Office of Education 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, 2009, to allow Kristie Chapa, Britney Bettencourt, and Mary Beth Yates to continue to provide services to students until June 30, 2010, under a remediation plan to complete the minimum qualifications.

Waiver Numbers: 15-6-2009, 16-6-2009, 17-6-2009
(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Extended School Year (Summer School)

Item W-21 (DOC; 81KB; 2pp.)

Subject: Request by Desert Sands Unified School District to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.

Waiver Number: 8-6-2009
(Recommended for APPROVAL WITH CONDITIONS)
Education Code Section 33051(b) will apply


Item W-22 (DOC; 85KB; 3pp.)

Subject: Request by Franklin-McKinley Elementary School District to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.

Waiver Number: 18-5-2009
(Recommended for APPROVAL WITH CONDITIONS)


Charter School Program (Geographic Limitations - Classroom Based)

Item W-23 (DOC; 104KB; 5pp.)

Subject: Request by Inglewood Unified School District for Today’s Fresh Start Charter School to waive portions of California Education Code Sections 47605(a)(1) and 47605(a)(5), pertaining to geographic limits on classroom-based charter schools so that they can continue to operate three sites within the Los Angeles Unified School District and one site within the Compton Unified School District, outside of the geographic boundaries of their authorizing school district for five-years while the new site is being built in Inglewood.

Waiver Number: 15-5-2009
(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/ag/].

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