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Agenda--May 5-7, 2010

Agenda and other related materials for the California State Board of Education (SBE) meeting to be held on May 5-7, 2010.
State Board Members

Ted Mitchell, President
Ruth Bloom, Vice President

Alan Arkatov
James Aschwanden
Benjamin Austin
Yvonne Chan
Gregory Jones
David Lopez
Jeannie Oropeza
Johnathan Williams
Charlene Lee, Student Member

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Theresa Garcia

Schedule of Meeting Location

Wednesday, May 5, 2010
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:

  • Alejo, et al. v. Jack O’Connell, State Board of Education, et al., San Francisco Superior Court, Case No. CPF-09-50968
  • California School Boards Association, et al. v. California State Board of Education and Aspire Public Schools, Inc. Alameda Superior Court, Case No. 07353566
  • California School Boards Association, et al. v. California State Board of Education, et al.  Sacramento Superior Court, Case No. 34-2008-00016957
  • California School Boards Association and its Education Legal Alliance, et al., v. The California State Board of Education, et al., Sacramento County Superior Court, Case No. 34-200800021188-CU-MC-GDS
  • Coachella Valley Unified School District, et.al., v. State of California, et.al. Case No. CPF-05-505334
  • Emma C., et al. v. Delaine Eastin, et al., United States District Court, Northern District of California, Case No. C 96 4179
  • EMS-BP, LLC, Options for Youth Burbank, Inc. et al. v. California Department of Education, et al., Sacramento County Superior Court, Case No. 03CS01078 / 03CS01079 and related appeal
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C 05 4077 MMC
  • Opportunity for Learning – PB, LLC; Opportunities for Learning – C, LLC, and Opportunities for Learning WSH, LLC Notice of Appeal Before the Education Audit Appeals Panel
  • Options for Youth, et al., v. California Department of Education, et al., Los Angeles Superior Court Case No. BC 347454
  • Options of Youth, - Burbank, Inc., San Gabriel, Inc., Upland, Inc., and Victor Valley  Notice of Appeal Before the Education Audit Appeals Panel, OAH #2006100966
  • Perris Union High School District v. California State Board of Education, California Department of Education, et al., Riverside Superior Court Case No. RIC520862
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • Reed v. State of California, Los Angeles Unified School District, State Superintendent of Public Instruction, Jack O’Connell, California Department of Education, and State Board of Education, et al., Los Angeles Superior Court, Case No. BC432420
  • Rocklin Unified School District v. California State Board of Education, Sacramento County Superior Court, Case No. 34-2009-80000220
  • Today’s Fresh Start, Inc., v. Los Angeles County Office of Education, et al., Los Angeles County Superior Court, Case No. BS112656
  • Valenzuela, et al., v. Jack O’Connell, et al., Alameda Superior Court, Case No. JCCP 4468
  • Case Name Unspecified: Disclosure of case names would jeopardize existing settlement negotiations

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 5, 2010
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 6, 2010
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 be commenced later than 8:00 a.m.

Schedule of Meeting Location

Thursday, May 6, 2010
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

Friday May 7, 2010
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 be commenced later than 8:00 a.m.

Schedule of Meeting Location

Friday May 7, 2010
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.

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 5, 2010

Wednesday, May 5, 2010 – 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 5, 2010, may be carried over to May 6 or 7, 2010.

AGENDA ITEMS

Item 1 (DOC; 143KB; 4pp.)

Subject:  STATE BOARD PROJECTS AND PRIORITIES.

Type of Action:  Action, Information

Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; Board policy; Approval of minutes; Board Liaison Reports, and other matters of interest. Presentation by the Hong Kong Ministry of Education’s Permanent Secretary of Education.

Item 2 (DOC; 73KB; 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; 151KB; 6pp.)

Subject:  Assignment of Numbers for Charter School Petitions.

Type of Action: Action, Information

Item 4 (DOC; 204KB; 25pp.)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs.

Type of Action: Action, Information

***PUBLIC HEARINGS***

Public Hearings on the following agenda items will commence no earlier than 10 a.m. on Wednesday, May 5, 2010. The Public Hearings will be held as close to 10 a.m. as the business of the State Board permits.

Item 5 (DOC; 143KB; 8pp.)

Subject:  Standardized Testing and Reporting Program: The Adoption 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 Five, Six, and Seven.

Type of Action: Action, Information, Public Hearing

Item 6 (DOC; 476KB; 55pp.)

Subject:  Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Piru Charter School Petition, Which Was Denied by the Fillmore Unified School District and the Ventura County Board of Education.

Type of Action: Action, Information, Public Hearing

***END OF PUBLIC HEARINGS***

Item 7 (DOC; 89KB; 3pp.)

Subject:  Elementary and Secondary Education Act: Action on Recommendations Related to California’s Assignment of a Trustee, Scope of Authority and Trustee Tenure for Alisal Union Elementary School District and Greenfield Union Elementary School District.

Type of Action: Action, Information

Item 8 (DOC; 186KB; 8pp.)

Subject:  Approval of 2009-10 Consolidated Applications.

Type of Action: Action, Information

Item 9 (DOC; 90KB; 5pp.)

Subject:  California High School Exit Examination: Program Update, Including but not Limited to, The 2008–09 Results for the Waiver Data Collection.

Type of Action:  Action, Information

Item 10 (DOC; 124KB; 6pp.)

Subject:   California High School Exit Examination: Analysis of Alternative Means for the California High School Exit Examination.

Type of Action: Action, Information

Item 11 (DOC; 149KB; 12pp.)

Subject:  Inclusion of Middle School Dropouts in the Academic Performance Index – Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Section 1039.1.

Type of Action:  Action, Information

Item 12 (DOC; 87KB; 3pp.)

Subject:  Legislative Update, Including, but not Limited to, Information on the 2009-10 Legislative Session, 2009-10 and 2010-11 Budgets.

Type of Action:  Action, Information

***ADJOURNMENT OF DAY’S SESSION***

Thursday, May 6, 2010 – 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

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

Item 13 (DOC; 307KB; 11pp)

Subject:   Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Providers to the 2010–2012 State Board of Education-Approved Supplemental Educational Services Provider List.

Type of Action: Action, Information

Item 14 (DOC; 638KB; 52pp.)

Subject: Elementary and Secondary Education Act: 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 15 (DOC; 57KB; 2pp.)

Subject:  Elementary and Secondary Education Act: School Improvement Grant: Approval of Applications for the School Improvement Grant for Schools Participating in the Quality Education Investment Act Under Sections 1003(a) and (g) of the Elementary and Secondary Education Act.

Type of Action: Action, Information

Item 16 (DOC; 143KB; 3pp.)

Subject:  Title III Accountability: Approval of New Target Structure for Annual Measurable Achievement Objective 2.

Type of Action: Action, Information

Item 17 (DOC; 235KB; 9pp.)

Subject: Elementary and Secondary Education Act: Approve Local Educational Agency Plans, Title I, Section 1112.

Type of Action: Action, Information

Item 18 (DOC; 199KB; 22pp.)

Subject:  Standardized Testing and Reporting Program: Approve Commencement of Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 850 Through 868.

Type of Action: Action, Information

Item 19 (DOC; 124KB; 12pp.)

Subject: Standardized Testing and Reporting Program: The Adoption of Performance Level Descriptors for the California Modified Assessment 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; 77KB; 4pp.)

Subject:  Standardized Testing and Reporting Program: Two-Year Extension of Educational Testing Service Contract.

Type of Action: Action, Information

Item 21(DOC; 183KB; 9pp.)

Subject:  California English Language Development Test: Approval of Performance Level Cut Scores for the Kindergarten and Grade One Reading and Writing Assessments.

Type of Action: Action, Information

Item 22 (DOC; 455KB; 29pp.)

Subject:  Student Achievement Plans for State Board of Education-Authorized Charter Schools: Review Interim Assessment Reports Submitted by Lifeline Education Charter School, Micro-Enterprise Charter Academy, and The School of Arts and Enterprise; Take Other Action as Deemed Necessary and Appropriate, Including, but not Limited to, Initiation of the Revocation Process, Pursuant to California Education Code Section 47607.

Type of Action:  Action, Information

Item 23 (DOC; 54KB; 2pp.)

Subject:   2009 Annual Report of Waiver Activity.

Type of Action: Action, Information

***ADJOURNMENT OF DAY’S SESSION***

Friday, May 7, 2010 – 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 – if necessary

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 HEARINGS***

Public Hearings on the following agenda items will commence no earlier than 9 a.m. on Friday, May 7, 2010. The Public Hearings will be held as close to 9 a.m. as the business of the State Board permits.

Item 24 (DOC; 663KB; 100pp.)

Subject: Certification of an Environmental Impact Report for the Proposed Formation of Wiseburn Unified School District from Wiseburn Elementary School District and a Portion of Centinela Valley Union High School District in Los Angeles County.

Type of Action: Action, Information, Public Hearing

Item 25 (DOC; 749KB; 77pp.)

Subject: Proposed Formation of Wiseburn Unified School District from Wiseburn Elementary School District and a Portion of Centinela Valley Union High School District in Los Angeles County.

Type of Action:  Action, Information, Public Hearing

***END OF PUBLIC HEARINGS***

Item 26 (DOC; 1.9MB; 44pp.)

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 27 (DOC; 242KB; 32pp.)

Subject:  Charter Revocation and Revocation Appeals: Approve Commencement of the Rulemaking Process for Amendments to California Code of Regulations, Title 5, sections 11965, 11968.1, 11968.5.1, 11969.1, 11969.2, 11969.3, 11969.4 and 11969.10.

Type of Action: Action, Information

Item 28 (DOC; 100KB; 10pp.)

Subject: State Charter School Petitioner Notification Requirements –  Approve Commencement of 15-Day Public Comment Period for Proposed Changes to Proposed California Code of Regulations, Title 5 Sections 11967.6 and 11967.6.1 Regulations.

Type of Action:  Action, Information

***PUBLIC HEARINGS***

Public Hearings on the following agenda items will commence no earlier than 1 p.m. on Friday, May 7, 2010. The Public Hearings will be held as close to 1 p.m. as the business of the State Board permits.

Item 29 (DOC; 323KB; 32pp.)

Subject: Jacoby Creek Charter School District: Consideration of Petition to Renew Districtwide Charter.

Type of Action:  Action, Information, Public Hearing

Item 30 (DOC; 474KB; 62pp.)

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Southern California Charter School Petition, Which Was Denied by the Adelanto Elementary School District and the San Bernardino County Board of Education.

Type of Action:  Action, Information, Public Hearing

Item 31 (DOC; 489KB; 49pp.)

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the California College, Career, and Technical Education Center Charter School Petition, Which Was Denied by the Washington Unified School District and the Yolo County Board of Education.

Type of Action:  Action, Information, Public Hearing

Item 32 (DOC; 372KB; 34pp.)

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Flex Academy San Francisco Petition, Which Was Denied by the San Francisco Unified School District.

Type of Action:  Action, Information, Public Hearing

***END OF PUBLIC HEARINGS***

Item 33 (DOC; 163KB; 5pp.)

Subject: Consideration of Requests for Determination of Funding Rates as Required for Nonclassroom-based Charter Schools.

Type of Action:  Action, Information

Item 34 (DOC; 56KB; 2pp.)

Subject:  Appointment of Beth Hunkapiller, Director for the Charter Schools Division.

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 (ADA-to-Teacher Ratio)

Item WC-1 (DOC; 92KB; 3pp.)

Subject: Request by Oceanside Unified School District 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 to a 27.5:1 pupil-to-teacher ratio at Pacific View Charter School.

Waiver Number: 20-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

Charter School Program (Attendance Accounting for Multi-Track)

Item WC-2 (DOC; 84KB; 3pp.)

Subject: Request by San Bernardino City Unified School District for Options for Youth Charter School-San Bernardino to waive California Code of Regulations, Title 5, Section 11960(a), to allow the charter school attendance to be calculated as if it were a regular multi-track school. (5 tracks: 175 days, one site)

Waiver Number: 1-1-2010

(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply

Charter School Program (Attendance Area)

Item WC-3 (DOC; 100KB; 4pp.)

Subject: Request by San Carlos Elementary School District to waive portions of California Education Code Section 47605(d)(1), the requirement that an existing public school converting to a charter school must maintain a policy giving admission preference to pupils who reside within the “former” attendance area of that public school; Arundel Elementary School, Brittan Acres Elementary School, Heather Elementary School and White Oaks Elementary School.

Waiver Number: 66-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

Item WC-4 (DOC; 75KB; 3pp.)

Subject: Request by Fullerton Elementary 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. Allowable class size average is 30 to one (overall average) with no class larger than 32 for grades one to three; district wishes to increase overall average and individual class size to 33 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 76-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

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

Subject: Request by Tustin Unified School District under the authority of California Education Code Section 41382, to waive portion of Education Code sections 41376 (a), (c), and (d), relating to class size penalties for grades one through three. Allowable class size average is 30 to one (overall average) with no class larger than 32 for grades one to three; district wishes to increase overall average to 34 to one with no class larger than 36 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 69-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

Item WC-6 (DOC; 90KB; 3pp.)

Subject: Request by Brea-Olinda Unified 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 average is 30.8 to one and the district wishes to increase the class size average to 34 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 67-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item WC-7 (DOC; 89KB; 3pp.)

Subject: Request by Glendora Unified 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 average is 30.6 to one and the district wishes to increase the class size average to 33.6 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 83-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item WC-8 (DOC; 77KB; 3pp.)

Subject: Request by Fullerton 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 average is 29.9 to one and the district wishes to increase the class size average to 34 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 77-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

Subject: Request by Murrieta Valley Unified 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 average is 29.9 to one, district wishes to increase to 35 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 79-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

Item WC-10 (DOC; 75KB; 3pp.)

Subject: Request by Poway Unified 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 average is 30.7 to one and the district wishes to increase the class size average to 33 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 88-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item WC-11 (DOC; 77KB; 3pp.)

Subject: Request by Tustin Unified 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 average is 30.5 to one and the district wishes to increase the class size average to 34 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 68-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

Item WC-12 (DOC; 67KB; 2pp.)

Subject: Request by Butte Valley Unified School District for Butte Valley 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- 1-2010

(Recommended for APPROVAL)

Item WC-13 (DOC; 66KB; 2pp.)

Subject: Request by Los Molinos Unified School District for Los Molinos 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-2-2010

(Recommended for APPROVAL)

Item WC-14 (DOC; 66KB; 2pp.)

Subject: Request by Sierra Unified School District for Sierra 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-18-2010

(Recommended for APPROVAL)

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

Item WC-15 (DOC; 79KB; 3pp.)

Subject: Request by Aspire Public Schools under the authority of California Education Code Section 47612.6(a) to waive Education Code Section 47612.5 (c) the audit penalty for offering less instructional time in the 2007-08  fiscal year at Lionel Wilson College Preparatory Academy for students in grade eight (shortfall of 988 minutes), and grade ten (shortfall of 4,128 minutes.)

Waiver Number: 5-11-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item WC-16 (DOC; 93KB; 3pp.)

Subject: Request by Aspire Public Schools under the authority of California Education Code Section 47612.6(a) to waive Education Code Section 47612.5 (c) the audit penalty for offering less instructional time in the 2007-08 fiscal year at East Palo Alto Charter School for students in grade five (shortfall of 1,605 minutes), grade seven (shortfall of 24,030 minutes) and grade eight (shortfall of 16,110 minutes.)

Waiver Number: 6-11-2009

(Recommended for APPROVAL WITH CONDITIONS)

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

Item WC-17 (DOC; 89KB; 3pp.)

Subject: Request by Piedmont City Unified School District to waive California Education Code Section 15270, to allow the district to exceed its bond indebtedness limit of 2.5 percent of the taxable assessed value of property. (Requesting 2.8 percent)

Waiver Number: 21-3-2010

(Recommended for APPROVAL WITH CONDITIONS)

School Construction Bonds (Citizens Oversight Committee - Term Limits)

Item WC-18 (DOC; 80KB; 3pp.)

Subject: Request by Saddleback Valley Unified School District for a renewal to waive portions of California Education Code Section 15282, regarding term limits for membership of a Citizens’ Oversight Committee for all construction bonds in the district.

Waiver Number: 7-1-2010

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Number and Composition of Members)

Item WC-19 (DOC; 68KB; 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 alternative school, King Continuation High School.

Waiver Number: 11-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item WC-20 (DOC; 77KB; 2pp.)

Subject: Request by El Dorado Union High School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2009-10 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: 13-3-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item WC-21 (DOC: 79KB; 2pp.)

Subject: Request by Wheatland Union High School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2009-10 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: 80-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

Item WC-22 (DOC: 87KB; 3pp.)

Subject: Request by Burbank 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 Leonardo (Tito) Proano, to continue to provide services to students under a remediation plan to complete those minimum qualifications.

Waiver Number: 59-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item WC-23 (DOC; 93KB; 4pp.)

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 Roland Hendrix, Sara Lloyd to continue to provide services to students under a remediation plan to complete those minimum qualifications.

Waiver Number: 27-2-2010 8-1-2010

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Resource Teacher Caseload)

Item WC-24 (DOC; 76KB; 2pp.)

Subject: Request by Orange Center 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 students by no more than four students (32 maximum) Leslie  Aguilar is assigned at Orange Center Elementary School.

Waiver Number: 36-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item WC-25 (DOC; 62KB; 2pp.)

Subject: Request by Los Angeles 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 four students (32 maximum). Angie Kraft is assigned at New Millennium Secondary Charter School.

Waiver Number: 6-1-2010

(Recommended for APPROVAL)

Special Education Program (Non Public Agency (NPA or School (NPS) Annual Renewal of Certification)

Item WC-26 (DOC; 60KB; 2pp.)

Subject: Request by Santa Clara Area IV SELPA 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 an annual certification renewal application for Creative Learning Center, a Nonpublic Agency.

Waiver Number: 37-3-2010

(Recommended for APPROVAL)

Item WC-27 (DOC; 61KB; 2pp.)

Subject: Request by Santa Clara Area IV SELPA 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 Creative Learning Center, a Nonpublic School.

Waiver Number: 38-3-2010

(Recommended for APPROVAL)

STATE TESTING APPORTIONMENT REPORT (CAHSEE, CELDT and STAR)

Item WC-28 (DOC; 104KB; 6pp.)

Subject: Request by eighteen 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: 11-1-2010, 4-2-2010, 6-2-2010, 62-2-2010, 6-3-2010, 64-2-2010, 10-1-2010, 40-2-2010, 24-2-2010, 8-2-2010, 23-1-2010, 9-2-2010, 2-2-2010, 39-2-2010, 61-2-2010, 19-3-2010, 10-2-2010, 39-3-2010

Waiver Numbers: Various See List

(Recommended for APPROVAL)

SUMMER SCHOOL MEAL WAIVERS

Item WC-29 (DOC; 94KB; 4pp.)

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: Various See List

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 (Attendance Area)

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

Subject: Request by Los Angeles Unified School District to waive portions of California Education Code sections 47605(d)(1) and 47605(d)(2)(A) the requirement that charter schools enroll any student who wants to attend the school rather than limit enrollment to a specific attendance area.

Waiver Number: 9-3-2010

(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply

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

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

Subject: Request by Orange Unified School District , under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d), relating to class size penalties for grades one through three. Allowable class size average is 30 to one (overall average) with no class larger than 32 for grades one to three; district wishes to increase overall average to 33 to one with no class larger than 35 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 3-3-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

Subject: Request by Val Verde Unified School District under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376(a),(c),(d) and 41378(a) through (e), relating to class size penalties for grades kindergarten through three. Allowable class size average is 31 to one (overall average) with no class larger than 33 for kindergarten and 30 to one (overall average) with no class larger than 32 for grades one to three classes; district wishes to increase overall average and individual class size to 33 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 35-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-4 (DOC; 88KB; 3pp.)

Subject: Request by Hemet Unified 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 average is 29.9 to one and the district wishes to increase the class size average to 36 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 19-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item W-5 (DOC; 76KB; 3pp.)

Subject: Request by Orange Unified 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 average is 29.9 to one and the district wishes to increase the class size average to 33 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 4-3-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-6 (DOC; 77KB; 3pp.)

Subject: Request by Yucaipa-Calimesa Joint Unified 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 average is 30 to one and the district wishes to increase the class size average to 32 to one, prospectively. (2009-10 and 2010-2011 fiscal years)

Waiver Number: 65-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Community Day Schools (CDS) (Commingle Grade Levels)

Item W-7 (DOC; 72KB; 3pp.)

Subject: Request by New Haven 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 grade six along with students in grades seven through twelve.

Waiver Number: 9-1-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-8 (DOC; 85KB; 3pp.)

Subject: Request by Palo Verde 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 grade six along with students in grades seven through twelve in Palo Verde Community Day School.

Waiver Number: 37-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-9 (DOC; 74KB; 2pp.)

Subject: Request by Aspire Public Schools under the authority of California Education Code Section 47612.6(a) to waive Education Code Section 47612.5 (c) the audit penalty for offering less instructional time in the 2007-08 fiscal year at Huntington Park Charter School for students in grade one (shortfall of 11,045 minutes.)

Waiver Number: 4-11-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item W-10 (DOC; 74KB; 2pp.)

Subject: Request by Aspire Public Schools under the authority of California Education Code Section 47612.6(a) to waive Education Code Section 47612.5 (c) the audit penalty for offering less instructional time in the 2007-08  fiscal year at Aspire Rosa Parks Academy for students in grade three (shortfall of 2,170 minutes.)

Waiver Number: 7-11-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item W-11 (DOC; 74KB; 2pp.)

Subject: Request by Los Angeles Leadership Academy under the authority of California Education Code Section 47612.6(a) to waive Education Code Section 47612.5 (c) the audit penalty for offering less instructional time in the 2008-09 fiscal year for students in grades nine through twelve (shortfall of 2,792 minutes.)

Waiver Number: 30-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-12 (DOC; 76KB; 3pp.)

Subject: Request by Hughson 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 2008-09 fiscal year than the state minimum set in 1986-87 at Hughson High School for students in grades nine through twelve (shortfall of 140 minutes.)

Waiver Number: 3-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-13 (DOC; 74KB; 3pp.)

Subject: Request by Willow Creek Elementary School District under the authority of California Education Code Section 46206(a) to waive Education Code Section 46201(d), the Longer Day and Year Incentive Program audit penalty for offering less instructional time in the 2008-09 fiscal year than the state minimum set in 1986-87 at Willow Creek Elementary School for students in kindergarten (shortfall of 540 minutes).

Waiver Number: 41-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Kindergarten (Age of Admission)

Item W-14 (DOC; 87KB; 3pp.)

Subject: Request by Desert Sands Unified School District to waive a portion of California Education Code Section 48000(a), the requirement that a student must turn five before December 2 to be admitted to kindergarten at George Washington Charter School.

Waiver Number: 78-2-2010

(Recommended for DENIAL)

JURISDICTION OF JUVENILE HALL SCHOOL

Item W-15 (DOC; 90KB; 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 Unified School District to provide educational services to the Juvenile Hall School located within the Owens Valley Unified School District.

Waiver Number: 74-2-2010

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

PROVISIONAL EMPLOYEE APPOINTMENTS

Item W-16 (DOC; 88KB; 3pp.)

Subject: Request by Inglewood Unified School District to waive portions of California Education Code sections 45287, 45288, and 45289 regarding the limit on the amount of time a district can make a provisional appointment of a classified employee when an employment list has not been created by the Personnel Commission.

Waiver Number: 38-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-17 (DOC; 81KB; 4pp.)

Subject: Request by Mountain Empire 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 this funded school reduce their class sizes by an average of five students per class by the end of the 2010-11 school year at Potrero Elementary School (requesting 20:1 ratio on average in grades four through eight.)

Waiver Number: 26-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-18 (DOC; 75KB; 3pp.)

Subject: Request by Oxnard School District to waive 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 at R.J. Frank Intermediate School (requesting 25:1 ratio on average in grades seven through eight).

Waiver Number: 23-2-2010

(Recommended for DENIAL)

Item W-19 (DOC; 74KB; 3pp.)

Subject: Request by the San Diego 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 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 Roosevelt Middle School (requesting 20.9:1 ratio on average in grade six and 20.7:1 ratio in grade seven.)

Waiver Number: 87-2-2010

(Recommended for DENIAL)

School Construction Bonds (Citizens Oversight Committee - Term Limits)

Item W-20 (DOC; 82KB; 3pp.)

Subject: Request by Oxnard 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: 1-11-2009

(Recommended for APPROVAL WITH CONDITIONS)

School District Reorganization (Elimination of Election Requirement)

Item W-21 (DOC; 88KB; 3pp.)

Subject: Request by Fresno County Board of Education for State Center Community College District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas.

Waiver Number: 85-2-2010

(Recommended for APPROVAL)

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

Subject: Request by Fresno Unified School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas.

Waiver Number: 84-2-2010

(Recommended for APPROVAL)

Item W-23 (DOC; 85KB; 3pp.)

Subject: Request by West Fresno Elementary School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas.

Waiver Number: 86-2-2010

(Recommended for APPROVAL)

Schoolsite Council Statute (Shared Schoolsite Council)

Item W-24 (DOC; 80KB; 2pp.)

Subject: Request by Big Pine 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 schools; Big Pine Elementary School, Big Pine High School, Eureka Dune Continuation High School, and Bristlecone Community Day School.

Waiver Number: 3-1-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-25 (DOC; 81KB; 2pp.)

Subject: Request by Corning Union High 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 three schools, Corning Union High School, Centennial Continuation High School, and Corning-Center Alternative Learning Educational Agency.

Waiver Number: 22-1-2010

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Shared Schoolsite Council with Reduced Number and Composition)

Item W-26 (DOC; 79KB; 2pp.)

Subject: Request by Banning 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 with a reduced number and composition to function for two small alternative schools, New Horizons Continuation High School and Banning Independent Study Schools.

Waiver Number: 70-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-27 (DOC; 80KB; 2pp.)

Subject: Request by Modoc 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 with a reduced number and composition to function for two schools, Stronghold Court School and Modoc County Community School Alturas.

Waiver Number: 2-1-2010

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item W-28 (DOC; 81KB; 3pp.)

Subject: Request by Tulelake Basin Joint Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2009-10 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for one special education students based on EC Section 56101, the special education waiver authority.

Waiver Number: 75-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-29 (DOC; 79KB; 2pp.)

Subject: Request by Desert Sands 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 Delia Martinez  to continue to provide services to students under a remediation plan to complete minimum qualifications.

Waiver Number: 26-11-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item W-30 (DOC; 80KB; 4pp.)

Subject: Request by El Dorado 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 Michaela Radney, Barbara Jones, and Mary Kelly to continue to provide services to students under a remediation plan to complete those minimum qualifications.

Waiver Number: 21-9-2009, 22-9-2009, and 23-9-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item W-31 (DOC; 95KB; 4pp.)

Subject: Request by Escondido Union High 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 Anita Ighner and Yvonnia Nieves-McIntosh to continue to provide services to students under a remediation plan to complete those minimum qualifications.

Waiver Number: 6-10-200 and 7-10-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item W-32 (DOC; 87KB; 3pp.)

Subject: Request by Mt. Diablo 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 Lisa Vergara to continue to provide services under a remediation plan to complete those minimum qualifications.

Waiver Number: 32-2-2010

(Recommended for DENIAL)

Item W-33 (DOC; 109KB; 4pp.)

Subject: Request by Mt. Diablo 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 Bianca Coronado, Marina Brame, Kathy Weiner, Geoffrey McAnally, and Catalina Bulatao to continue to provide services to students under a remediation plan to complete those minimum qualifications.

Waiver Number: 30-2-2010, 31-2-2010, 33-2-2010, 1-3-2010, and 2-3-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-34 (DOC; 112KB; 5pp.)

Subject: Request by Riverside 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 Hedy Dembowski, Mary Ellen King, Penny Slater, and Kimberly Kearney to continue to provide services to students under a remediation plan to complete those minimum qualifications.

Waiver Number: 2-12-2009, 4-12-2009, 5-12-2009, and 3-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item W-35 (DOC; 74KB; 3pp.)

Subject: Request by San Joaquin 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 Brittany Parker to continue to provide services to students under a remediation plan to complete those minimum qualifications.

Waiver Number: 73-2-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-36 (DOC; 156KB; 9pp.)

Subject: Request by Shasta 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 Sarah Wood, Denise Richardson, Zebediah Rinesmith, Cassandra Overdeck, Krysta Shaw-Stearns, Charlene Starks, Barbara Wolf, Jon Anderson, Tam Balkow, Jenny Beard, Christina Coburn, Diana Davis, Aleah Faires, Courtney Gaylord, and Deanna Hanson, to continue to provide services to students under a remediation plan to complete those minimum qualifications.

Waiver Number:  43-2-2010, 44-2-2010, 45-2-2010, 46-2-2010, 47-2-2010, 48-2-2010, 49-2-2010, 50-2-2010, 51-2-2010, 52-2-2010, 53-2-2010, 54-2-2010, 55-2-2010, 56-2-2010, and 57-2-2010                       

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-37 (DOC: 124KB; 6pp.)

Subject: Request by Stanislaus 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 Julie Duckworth, Debra Turner, Tommy Duarte, Barbara Sires, Shantel Lundberg, and Janet Spangler to continue to provide services under a remediation plan to complete those minimum qualifications.

Waiver Number: 29-9-2009, 30-9-2009, 32-9-2009, 35-9-2009, 28-9-2009, and 34-9-2009

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-38 (DOC; 75KB; 3pp.)

Subject: Request by Tulare Joint Union High 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 Amparito Martinez to continue to provide services to students until June 30, 2010, under a remediation plan to complete those minimum qualifications.

Waiver Number: 9-10-2009

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-39 (DOC; 81KB; 3pp.)

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

Waiver Number: 8-3-2010

(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply

Deferral of Apportionments (Districts and Charter Schools)

Item W-40 (DOC; 90KB; 5pp.)

Subject: Request from various school districts and charter schools to waive for the 2010 calendar year California Education Code (EC) Section 14041.6, the requirement that substantial principal apportionment payments be deferred from February 2010 to July 2010, and from April and May 2010 to August 2010.

Waiver Number: Various

(Recommended for APPROVAL)

Federal Program Waiver (American Recovery and Reinvestment Act)

Item W-41 (DOC; 70KB; 2pp.)

Subject: Request by 161 local educational agencies to waive up to six types of requirements pertaining to Title I, Part A of the Elementary and Secondary Education Act relating to the American Recovery and Reinvestment Act allocations for the 2009–10 fiscal year only.

Waiver Number: See attached list.

(Recommended for APPROVAL)

***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 | sbe@cde.ca.gov | 916-319-0827 
Last Reviewed: Tuesday, September 13, 2022
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