Agenda--May 11-12, 2011
Agenda and other related materials for the California State Board of Education (SBE) meeting to be held on May 11-12, 2011.State Board Members
Michael W. Kirst, President
Trish Williams, Vice President
James Aschwanden
Yvonne Chan
Carl Cohn
Aida Molina
James C. Ramos
Patricia A. Rucker
Ilene W. Straus
Connor Cushman, Student Member
Secretary & Executive Officer
Hon. Tom Torlakson
Interim Executive Director
Patricia de Cos
Schedule of Meeting |
Location |
|---|---|
Wednesday, May 11, 2011 STATE BOARD OF EDUCATION
|
California Department of Education |
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
- Doe, Jane, and Jason Roe v. State of California, Tom Torlakson, The California Department of Education, The State Board of Education, Los Angeles Superior Court, Case No. BC445151
- 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
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 11, 2011 STATE BOARD OF EDUCATION |
California Department of Education |
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 12, 2011 STATE BOARD OF EDUCATION
|
California Department of Education |
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, May 12, 2011 (Upon Adjournment of Closed Session, if held.) |
California Department of Education |
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 11, 2011
Wednesday, May 11, 2011 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held)
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
Call to Order
Salute to the Flag
Closed Session
Communications
Announcements
REPORT OF THE STATE SUPERINTENDENT
SPECIAL PRESENTATIONS
Public notice is hereby given that special presentations for informational purposes may take place during this session.
AGENDA ITEMS
Item 1 (DOC; 87KB; 3pp.)
Subject: National Assessment of Educational Progress (NAEP): Presentation by the NAEP 12th Grade Preparedness Commission Regarding the Preparedness of 12th Graders for Postsecondary Education and Job Training.
Type of Action: Action, Information
- Item 1 Attachment 1 (DOC; 528KB; 5pp.)
- Item 1 Attachment 2 (PDF; 527KB; 11pp.)
- Item 1 Attachment 3 (PDF; 3.3MB; 14pp.)
- Item 1 Attachment 4 (DOC; 45KB; 1p.)
Item 2 (DOC; 126KB; 9pp.)
Subject: Permits to Employ and Work–Approve Commencement of the Rulemaking Process for Additions to the California Code of Regulations, Title 5, Sections 10120.1 through 10121.
Type of Action: Action, Information
- Item 2 Attachment 4 (DOC; 95KB; 3pp.)
- Item 2 Attachment 5 (PDF; 594KB; 4pp.)
Item 3 (DOC; 3.8MB; 64pp.)
Subject: Appeal of a Decision by the Santa Clara County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the Mountain View Whisman School District and Mountain View-Los Altos Union High School District to the Palo Alto Unified School District in Santa Clara County (San Antonio Village).
Type of Action: Action, Information
Item 4 (DOC; 76KB; 2pp.)
Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs Including, but Not Limited to, the School Improvement Grant and California’s Striving Readers Comprehensive Literacy Program.
Type of Action: Action, Information
Item 5 (DOC; 689KB; 22pp.)
Subject: Elementary and Secondary Education Act: Approval of Local Educational Agency Plans, Title I, Section 1112.
Type of Action: Action, Information
Item 6 (DOC; 163KB; 4pp.)
Subject: Approval of 2010–11 Consolidated Applications.
Type of Action: Action, Information
Item 7 (DOC; 126KB; 6pp.)
Subject: Assignment of Numbers for Charter School Petitions.
Type of Action: Action, Information
***PUBLIC HEARING***
A Public Hearing on the following agenda item will commence no earlier than 1:00 p.m. on Wednesday, May 11, 2011. The Public Hearing will be held as close to 1:00 p.m. as the business of the State Board permits.
Item 8 (DOC; 150KB; 18pp.)
Subject: Statewide Benefit Charter Schools: Consideration of Material Revisions to the Aspire Public Schools Statewide Benefit Charter.
Type of Action: Action, Information, Hearing
***END OF PUBLIC HEARING***
Item 9 (DOC; 280KB; 45pp.)
Subject: Charter Renewal: Approve Commencement of Second 15-Day Public Comment Period for Proposed Changes to the California Code of Regulations, Title5, Sections 11966.4, 11966.5, 11966.6, and 11967.5.1.
Type of Action: Action, Information
- Item 9 Attachment 4 (PDF; 734KB; 4pp.)
Item 10 (DOC; 275KB; 10pp.)
Subject: Consideration of Requests for Determination of Funding Rates as Required for Nonclassroom-based Charter Schools.
Type of Action: Action, Information
- Item 10 Attachment 3 (DOC; 44KB; 4pp.)
Item 11 (DOC; 100KB; 6pp.)
Subject: Consideration of Mitigating Circumstances Requests for Senate Bill 740 Determination of Funding Rates as Required for Nonclassroom-based Charter Schools: Shasta Secondary Home School and Coastal Academy Charter School.
Type of Action: Action, Information
- Item 11 Attachment 1 (PDF; 286KB; 3pp.)
- Item 11 Attachment 2 (PDF; 298KB; 2pp.)
- Item 11 Attachment 3 (DOC; 44KB; 4pp.)
Item 12 (DOC; 69KB; 2pp.)
Subject: STATE BOARD PROJECTS AND PRIORITIES.
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; training of Board members; and other matters of interest.
Type of Action: Action, Information
- Item 12 Attachment 1 (DOC; 90KB; 3pp.)
- Item 12 Attachment 2 (DOC; 204KB; 10pp.)
Item 13 (DOC; 56KB; 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: Action, Information
***ADJOURNMENT OF DAY’S SESSION***
Public Session
May 12, 2011
Thursday, May 12, 2011 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held)
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
Call to Order
Salute to the Flag
Closed Session
Communications
Announcements
REPORT OF THE STATE SUPERINTENDENT
SPECIAL PRESENTATIONS
Public notice is hereby given that special presentations for informational purposes may take place during this session.
AGENDA ITEMS
Item 14 (DOC; 82KB; 2pp.)
Subject: African American Advisory Committee: California Department of Education’s Response to Committee’s Accountability and Special Education Recommendations.
Type of Action: Action, Information
- Item 14 Attachment 1 (DOC; 270KB; 22pp.)
- Item 14 Attachment 2 (DOC; 63KB; 5pp.)
- Item 14 Attachment 3 (DOC; 68KB; 2pp.)
Item 15 (DOC; 81KB; 4pp.)
Subject: Request by Compton Unified School District to be a Single District Special Education Local Plan Area.
Type of Action: Action, Information
- Item 15 Attachment 1 (DOC; 40KB; 2pp.)
- Item 15 Attachment 2 (PDF; 298KB; 1p.)
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 the Education Code or in the California Code of Regulations, Title 5.
Charter School Program (Pupil Teacher Ratio)
Item WC-1 General (DOC; 77KB; 3pp.)
Subject: Request by Alpaugh 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 Section 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 California Connections Academy Schools.
Waiver Number: 100-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-1 Attachment 1 (DOC; 68KB; 3pp.)
Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)
Item WC-2 Federal (DOC; 66KB; 2pp.)
Subject: Request by Southern Humboldt Joint Unified School District for South Fork Junior-Senior 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-59-2011
(Recommended for APPROVAL)
- Item WC-2 Attachment 1 (DOC; 63KB; 1p.)
Instructional Time Requirement Audit Penalty (Below 1982-83 Base Minimum Minutes)
Item WC-3 Specific (DOC; 78KB; 3pp.)
Subject: Request by Placer Hills Union Elementary School District Request by Placer Hills Union Elementary School District under the authority of California Education Code Section 46206 to waive the Longer Year audit penalty in Education Code Section 46200(c) for offering less than the required instructional days in the 2007-08 fiscal year at Weimar Hills School, for students in grades four and five (shortfall of one day).
Waiver Number: 62-1-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-3 Attachment 1 (DOC; 79KB; 2pp.)
Physical Education Program (Block Schedules)
Item WC-4 General (DOC; 80KB; 4pp.)
Subject: Request by San Juan Unified School District for a renewal to waive portions of California Education Code (EC) Section 51222(a), related to the statutory minimum of 400 minutes of physical education required each ten days for students in grades nine through twelve in order to implement a block schedule at Del Campo, Mesa Verde, Casa Roble and Encina Preparatory High Schools.
Waiver Number: 104-2-2011
(Recommended for APPROVAL) EC 33051(b) will apply
- Item WC-4 Attachment 1 (DOC; 169KB; 8pp.)
School Accountability Report Card (February 1 Timeline)
Item WC-5 General (DOC; 80KB; 4pp.)
Subject: Request by twenty local educational agencies to waive portions of California Education Code sections 35256 (c) and 35258 regarding the annual deadline to make the annual School Accountability Report Card available in hard copy and on the Internet by February 1.
Waiver Numbers: Various - see attached list.
(Recommended for APPROVAL)
- Item WC-5 Attachment 1 (DOC; 48KB; 1p.)
- Item WC-5 Attachment 2 (DOC; 66KB; 2pp.)
- Item WC-5 Attachment 3 (DOC; 63KB; 2pp.)
- Item WC-5 Attachment 4 (DOC; 62KB; 2pp.)
- Item WC-5 Attachment 5 (DOC; 61KB; 2pp.)
- Item WC-5 Attachment 6 (DOC; 64KB; 2pp.)
- Item WC-5 Attachment 7 (DOC; 63KB; 2pp.)
- Item WC-5 Attachment 8 (DOC; 62KB; 2pp.)
- Item WC-5 Attachment 9 (DOC; 63KB; 2pp.)
- Item WC-5 Attachment 10 (DOC; 66KB; 2pp.)
- Item WC-5 Attachment 11 (DOC; 62KB; 2pp.)
- Item WC-5 Attachment 12 (DOC; 62KB; 2pp.)
- Item WC-5 Attachment 13 (DOC; 64KB; 2pp.)
- Item WC-5 Attachment 14 (DOC; 60KB; 2pp.)
- Item WC-5 Attachment 15 (DOC; 61KB; 2pp.)
- Item WC-5 Attachment 16 (DOC; 63KB; 2pp.)
- Item WC-5 Attachment 17 (DOC; 62KB; 2pp.)
- Item WC-5 Attachment 18 (DOC; 63KB; 2pp.)
- Item WC-5 Attachment 19 (DOC; 90KB; 2pp.)
- Item WC-5 Attachment 20 (DOC; 63KB; 2pp.)
- Item WC-5 Attachment 21 (DOC; 63KB; 2pp.)
School District Reorganization (Election of board members) (Elimination of election) and (Effective date)
Item WC-6 General (DOC; 92KB; 5pp.)
Subject: Request by Santa Barbara Secondary School District to waive all of California Education Code Section 35101 and portions of California Education Code sections 35100 and 35737 regarding election of governing board members; all of California Education Code Section 35710.51 and portions of California Education Code Section 35710 regarding elimination of election requirement; and portions of California Education Code Section 35534 regarding effective date of reorganization.
Waiver Number: 21-2-2011 (election of board members); 22-2-2011 (elimination of election); 23-2-2011 (effective date).
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-6 Attachment 1 (DOC; 70KB; 3pp.)
- Item WC-6 Attachment 2 (DOC; 74KB; 3pp.)
- Item WC-6 Attachment 3 (DOC; 70KB; 3pp.)
School District Reorganization (Election of Governing Board)
Item WC-7 General (DOC; 80KB; 3pp.)
Subject: Request by Central Union 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: 106-2-2011
(Recommended for APPROVAL)
- Item WC-7 Attachment 1 (DOC; 87KB; 7pp.)
Special Education Program (Algebra I Requirement for Graduation)
Item WC-8 Specific (DOC; 69KB; 3pp.)
Subject: Request by Wheatland Union High School District Request by Wheatland Union High School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2010-11 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: 95-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-8 Attachment 1 (DOC; 51KB; 1p.)
Special Education Program (Extended School Year (Summer School))
Item WC-9 General (DOC; 74KB; 3pp.)
Subject: Request by Madera County Office of Education to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance for an extended school year for special education students.
Waiver Number: 177-12-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-9 Attachment 1 (DOC; 66KB; 2pp.)
Special Education Program (Resource Teacher Caseload)
Item WC-10 Specific (DOC; 70KB; 3pp.)
Subject: Request by Mill Valley 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). Yasuko Morimoto is assigned to Tamalpais Valley Elementary School.
Waiver Number: 88-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-10 Attachment 1 (DOC; 122KB; 4pp.)
Special Education Program (Non Public Agency (NPA or School (NPS) Annual Renewal of Certification)
Item WC-11 Specific (DOC; 62KB; 2pp.)
Subject: Request by San Mateo County Special Education Local Area Plan (SELPA) under authority of California Education Code Section 56101 to waive Education Code Section 56366.1(h), the August through October 31 time line for an annual certification renewal application, for Maxim Healthcare Services, a nonpublic agency.
Waiver Number: 49-2-2011
(Recommended for APPROVAL)
- Item WC-11 Attachment 1 (DOC; 68KB; 2pp.)
State Meal Mandate (Summer School Session)
Item WC-12 Specific (DOC; 85KB; 4pp.)
Subject: Request by fourteen school districts under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the summer school session.
Waiver Number: Various – See attached table
(Recommended for APPROVAL)
- Item WC-12 Attachment 1 (XLS; 20KB; 1p.)
- Item WC-12 Attachment 2 (DOC; 320KB; 6pp.)
- Item WC-12 Attachment 3 (DOC; 236KB; 5pp.)
- Item WC-12 Attachment 4 (DOC; 501KB; 9pp.)
- Item WC-12 Attachment 5 (DOC; 80KB; 2pp.)
- Item WC-12 Attachment 6 (DOC; 365KB; 6pp.)
- Item WC-12 Attachment 7 (DOC; 78KB; 2pp.)
- Item WC-12 Attachment 8 (DOC; 87KB; 2pp.)
- Item WC-12 Attachment 9 (DOC; 85KB; 3pp.)
- Item WC-12 Attachment 10 (DOC; 83KB; 2pp.)
- Item WC-12 Attachment 11 (DOC; 78KB; 2pp.)
- Item WC-12 Attachment 12 (DOC; 81KB; 2pp.)
- Item WC-12 Attachment 13 (DOC; 78KB; 2pp.)
- Item WC-12 Attachment 14 (DOC; 78KB; 2pp.)
- Item WC-12 Attachment 15 (DOC; 296KB; 5pp.)
- Item WC-12 Attachment 16 (DOC; 77KB; 2pp.)
- Item WC-12 Attachment 17 (DOC; 81KB; 2pp.)
- Item WC-12 Addendum (DOC; 37KB; 1p.)
- Item WC-12 Addendum Attachment 1 (XLS; 30KB; 1p.)
- Item WC-12 Addendum Attachment 18 (DOC; 60KB; 2pp.)
State Testing Apportionment Report (CAHSEE)
Item WC-13 General (DOC; 93KB; 5pp.)
Subject: Request by ten 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 Number: 32-2-2011, 56-1-2011, 56-2-2011, 56-12-2010, 63-2-2011, 91-2-2011, 92-2-2011, 93-2-2011, 115-2-2011, and 118-1-2011.
(Recommended for APPROVAL)
- Item WC-13 Attachment 1 (DOC; 50KB; 1p.)
- Item WC-13 Attachment 2 (DOC; 53KB; 1p.)
- Item WC-13 Attachment 3 (PDF; 291KB; 1p.)
- Item WC-13 Attachment 4 (DOC; 52KB; 1p.)
- Item WC-13 Attachment 5 (PDF; 271KB; 1p.)
- Item WC-13 Attachment 6 (PDF; 223KB; 1p.)
- Item WC-13 Attachment 7 (DOC; 53KB; 2pp.)
- Item WC-13 Attachment 8 (PDF; 324KB; 1p.)
- Item WC-13 Attachment 9 (DOC; 52KB; 2pp.)
- Item WC-13 Attachment 10 (PDF; 229KB; 1p.)
- Item WC-13 Attachment 11 (DOC; 56KB; 1p.)
- Item WC-13 Attachment 12 (PDF; 247KB; 1p.)
- Item WC-13 Attachment 13 (PDF; 299KB; 1p.)
- Item WC-13 Attachment 14 (DOC; 52KB; 1p.)
- Item WC-13 Attachment 15 (PDF; 238KB; 1p.)
- Item WC-13 Attachment 16 (DOC; 52KB; 1p.)
- Item WC-13 Attachment 17 (PDF; 303KB; 1p.)
- Item WC-13 Attachment 18 (DOC; 52KB; 1p.)
- Item WC-13 Attachment 19 (PDF; 76KB; 1p.)
- Item WC-13 Attachment 20 (PDF; 721KB; 2pp.)
- Item WC-13 Attachment 21 (DOC; 51KB; 1p.)
- Item WC-13 Attachment 22 (PDF; 315KB; 1p.)
- Item WC-13 Attachment 23 (DOC; 52KB; 1p.)
- Item WC-13 Attachment 24 (PDF; 287KB; 1p.)
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.
Class Size Penalties (Over Limit on Grades 4-8)
Item W-1 General (DOC; 81KB; 4pp.)
Subject: Request by nine districts to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. A district’s current class size maximum is the greater of the 1964 statewide average of 29.9 to one or the district’s 1964 average.
Waiver Numbers: 117-2-2011, 15-3-2011, 68-2-2011, 176-12-2010, 86-2-2011, 178-12-2010, 116-2-2011, 65-1-2011, and 133-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-1 Attachment 1 (XLS; 20KB; 1p.)
- Item W-1 Attachment 2 (DOC; 68KB; 3pp.)
- Item W-1 Attachment 3 (DOC; 76KB; 3pp.)
- Item W-1 Attachment 4 (DOC; 63KB; 3pp.)
- Item W-1 Attachment 5 (DOC; 81KB; 4pp.)
- Item W-1 Attachment 6 (DOC; 66KB; 3pp.)
- Item W-1 Attachment 7 (DOC; 72KB; 4pp.)
- Item W-1 Attachment 8 (DOC; 77KB; 3pp.)
- Item W-1 Attachment 9 (DOC; 63KB; 3pp.)
- Item W-1 Attachment 10 (DOC; 75KB; 5pp.)
Class Size Penalties (Over limit on Kindergarten - Grade 3)
Item W-2 Specific (DOC; 75KB; 3pp.)
Subject: Request by four districts, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) and 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, the overall class size average is 31 to one with no class larger than 33. For grades one through three, the overall class size average is 30 to one with no class larger than 32.
Waiver Numbers: 45-12-2010, 175-12-2010, 64-1-2011, and 119‑2‑2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-2 Attachment 1 (XLS; 25KB; 1p.)
- Item W-2 Attachment 2 (DOC; 84KB; 6pp.)
- Item W-2 Attachment 3 (DOC; 77KB; 4pp.)
- Item W-2 Attachment 4 (DOC; 86KB; 7pp.)
- Item W-2 Attachment 5 (DOC; 69KB; 4pp.)
Federal Program Waiver (Title I Part A)
Item W-3 Federal (DOC; 74KB; 2pp.)
Subject: Request from fifty-eight local educational agencies to waive up to two types of requirements pertaining to Title I, Part A of the Elementary and Secondary Education Act for the 2010–11 fiscal year only.
Waiver Numbers: Various
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-3 Attachment 1 (DOC; 34KB; 1p.)
- Item W-3 Attachment 2 (DOC; 95KB; 2pp.)
Out-of-State Use of Funds and Transportation Allowances
Item W-4 General (DOC; 70KB; 3pp.)
Subject: Request by Siskiyou County Office of Education to waive a portion of California Education Code Section 35330(d) to authorize expenditure of school district funds for students to travel to Oregon to attend curricular and extra curricular trips/events and competitions.
Waiver Number: 2-3-2011
(Recommended for APPROVAL)
- Item W-4 Attachment 1 (DOC; 60KB; 2pp.)
Principal Evaluation and Assessment (Extend Timeline of Evaluation)
Item W-5 General (DOC; 77KB; 3pp.)
Subject: Request by Lincoln Unified School District to waive California Education Code (EC) Section 44663(b) evaluation dates of June 30 and July 30 for non-instructional certificated employees so that Standardized Testing and Reporting test results for the year may be included in the evaluation criteria for those management employees.
Waiver Number: 82-2-2011
(Recommended for DENIAL)
- Item W-5 Attachment 1 (DOC; 78KB; 2pp.)
Quality Education Investment Act (Class Size Reduction Requirements)
Item W-6 General (DOC; 77KB; 4pp.)
Subject: Request by Corcoran Joint Unified 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 its class sizes by an average of five students per class by the end of the 2010–2011 school year at Corcoran High School (requesting 24:1 student ratio on average in grades nine, ten and 21:1 for grade twelve).
Waiver Number: 90-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-6 Attachment 1 (DOC; 68KB; 3pp.)
Quality Education Investment Act (Class Size Reduction Requirements)
Item W-7 General (DOC; 81KB; 4pp.)
Subject: Request by Twin Rivers Unified School Distirct 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 its class sizes by an average of five students per class by the end of the 2011–12 school year at Harmon Johnson Elementary School (requesting 25:1 student ratio on average in grades four, five, and six).
Waiver Number: 103-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-7 Attachment 1 (DOC; 84KB; 5pp.)
School Accountability Report Card (February 1 Timeline)
Item W-8 General (DOC; 87KB; 5pp.)
Subject: Request by thirty-four local educational agencies to waive portions of California Education Code sections 35256 (c) and 35258 regarding the annual deadline to make the annual School Accountability Report Card available in hard copy and on the Internet by February 1.
Waiver Numbers: Various - see attached list.
(Recommended for APPROVAL)
- Item W-8 Attachment 1 (DOC; 62KB; 2pp.)
- Item W-8 Attachment 2 (DOC; 67KB; 2pp.)
- Item W-8 Attachment 3 (DOC; 63KB; 2pp.)
- Item W-8 Attachment 4 (DOC; 63KB; 2pp.)
- Item W-8 Attachment 5 (DOC; 64KB; 2pp.)
- Item W-8 Attachment 6 (DOC; 63KB; 2pp.)
- Item W-8 Attachment 7 (DOC; 62KB; 2pp.)
- Item W-8 Attachment 8 (DOC; 63KB; 2pp.)
- Item W-8 Attachment 9 (DOC; 64KB; 2pp.)
- Item W-8 Attachment 10 (DOC; 62KB; 2pp.)
- Item W-8 Attachment 11 (DOC; 61KB; 2pp.)
- Item W-8 Attachment 12 (DOC; 130KB; 2pp.)
- Item W-8 Attachment 13 (DOC; 59KB; 2pp.)
- Item W-8 Attachment 14 (DOC; 63KB; 2pp.)
- Item W-8 Attachment 15 (DOC; 61KB; 2pp.)
- Item W-8 Attachment 16 (DOC; 62KB; 2pp.)
- Item W-8 Attachment 17 (DOC; 63KB; 2pp.)
- Item W-8 Attachment 18 (DOC; 60KB; 2pp.)
- Item W-8 Attachment 19 (DOC; 62KB; 2pp.)
- Item W-8 Attachment 20 (DOC; 62KB; 2pp.)
- Item W-8 Attachment 21 (DOC; 58KB; 2pp.)
- Item W-8 Attachment 22 (DOC; 61KB; 2pp.)
- Item W-8 Attachment 23 (DOC; 64KB; 2pp.)
- Item W-8 Attachment 24 (DOC; 60KB; 2pp.)
- Item W-8 Attachment 25 (DOC; 60KB; 2pp.)
- Item W-8 Attachment 26 (DOC; 62KB; 2pp.)
- Item W-8 Attachment 27 (DOC; 63KB; 2pp.)
- Item W-8 Attachment 28 (DOC; 75KB; 3pp.)
- Item W-8 Attachment 29 (DOC; 62KB; 2pp.)
- Item W-8 Attachment 30 (DOC; 62KB; 2pp.)
- Item W-8 Attachment 31 (DOC; 63KB; 2pp.)
- Item W-8 Attachment 32 (DOC; 62KB; 2pp.)
- Item W-8 Attachment 33 (DOC; 61KB; 2pp.)
- Item W-8 Attachment 34 (DOC; 63KB; 2pp.)
- Item W-8 Attachment 35 (DOC; 66KB; 2pp.)
School District Reorganization (Allocation of existing bonded indebtedness)
Item W-9 General (DOC; 77KB; 3pp.)
Subject: Request by Washington Unified School District to waive portions of California Education Code sections 35576 and 35784 to allow allocation of existing bonded indebtedness to be unaffected by lapsation and unification of school districts.
Waiver Number: 42-3-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-9 Attachment 1 (DOC; 72KB; 4pp.)
School District Reorganization (Lapsation of a Small District)
Item W-10 General (DOC; 87KB; 4pp.)
Subject: Request by West Fresno Elementary School District to waive portions of California Education Code sections 35780 and 35782, which requires lapsation of a district with an average daily attendance of less than six.
Waiver Number: 33-3-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-10 Attachment 1 (DOC; 79KB; 4pp.)
- Item W-10 Attachment 2 (PDF; 8.1MB; 18pp.)
School District Reorganization (Size of Governing Board)
Item W-11 General (DOC; 77KB; 3pp.)
Subject: Request by Mendocino County Office of Education to waive California Education Code Section1004 that requires an election to reduce the number of governing board members from seven to five.
Waiver Number: 21-3-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-11 Attachment 1 (DOC; 77KB; 3pp.)
Schoolsite Council Statute (Number and Composition of Members)
Item W-12 Specific (DOC; 66KB; 2pp.)
Subject: Request by Maple Creek 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, Maple Creek Elementary School.
Waiver Number: 116-1-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-12 Attachment 1 (DOC; 69KB; 2pp.)
Schoolsite Council Statute (Number and Composition of Members)
Item W-13 Specific (DOC; 68KB; 2pp.)
Subject: Request by Mariposa County Office of Education under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing a reduction in the number and composition of members required for a schoolsite council for a small Community Day School, Jessie Benton Fremont.
Waiver Number: 166-12-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-13 Attachment 1 (DOC; 78KB; 3pp.)
Schoolsite Council Statute (Shared Schoolsite Council)
Item W-14 Specific (DOC; 67KB; 2pp.)
Subject: Request by Hanford Elementary School District under the authority of California Education Code Section 52863 for a renewal 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: 118-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-14 Attachment 1 (DOC; 66KB; 2pp.)
Schoolsite Council Statute (Shared Schoolsite Council)
Item W-15 Specific (DOC; 70KB; 3pp.)
Subject: Request by Washington 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 small schools: Bryte Elementary School and Evergreen Elementary School.
Waiver Number: 51-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-15 Attachment 1 (DOC; 66KB; 2pp.)
Schoolsite Council Statute (Shared Schoolsite Council with Reduced Number and Composition)
Item W-16 Specific (DOC; 69KB; 2pp.)
Subject: Request by Mariposa County 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 schools: Yosemite Park High School and El Portal Elementary School.
Waiver Number: 163-12-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-16 Attachment 1 (DOC; 79KB; 3pp.)
Schoolsite Council Statute (Shared Schoolsite Council with Reduced Number and Composition)
Item W-17 Specific (DOC; 70KB; 2pp.)
Subject: Request by Mariposa County 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 schools, Coulter-Greeley Elementary School and Coulterville High School.
Waiver Number: 168-12-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-17 Attachment 1 (DOC; 80KB; 3pp.)
Schoolsite Council Statute (Shared Schoolsite Council with Reduced Number and Composition)
Item W-18 Specific (DOC; 70KB; 3pp.)
Subject: Request by Washington 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 small schools, Evergreen Middle School and Yolo Continuation High School.
Waiver Number: 52-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-18 Attachment 1 (DOC; 68KB; 2pp.)
Special Education Program (Algebra I Requirement for Graduation)
Item W-19 Specific (DOC; 68KB; 2pp.)
Subject: Request by Lassen County Office of Education to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2010-11 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: 60-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-19 Attachment 1 (DOC; 50KB; 1p.)
Special Education Program (Algebra I Requirement for Graduation)
Item W-20 Specific (DOC; 70KB; 2pp.)
Subject: Request by Lindsay Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2010-11 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: 4-3-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-20 Attachment 1 (DOC; 49KB; 1p.)
Special Education Program (Algebra I Requirement for Graduation)
Item W-21 Specific (DOC; 68KB; 2pp.)
Subject: Request by Natomas Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2010-11 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for four special education students based on Education Code Section 56101, the special education waiver authority.
Waiver Number: 125-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-21 Attachment 1 (DOC; 50KB; 1p.)
Special Education Program (Child Specific/ NPA or NPS Certification)
Item W-22 Specific (DOC; 86KB; 5pp.)
Subject: Request by San Diego Unified School District under authority of California Education Code Section 56101 for renewal of a “single child waiver” of Education Code Section 56366.1(a), the certification requirement for a nonpublic residential school, Judge Rotenberg Center, located in Canton, Massachusetts to allow one student (student number 010292026) to attend that school using special education funds. This request is also made to waive Education Code Section 56520(a)(3), California Code of Regulations, Title 5, Section 3052(a)(5), and Section 3052(l), to allow the use of aversive treatment for this student’s self-injurious behavior.
Waiver Number: 14-3-2011
(Recommended for DENIAL)
- Item W-22 Attachment 1 (DOC; 98KB; 9pp.)
Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)
Item W-23 General (DOC; 145KB; 9pp.)
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 Mary Ellen King, Kimberly Kearney, Penny Slater, and Heedy Dembowski to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.
Waiver Number: 34-2-2011, 35-2-2011, 36-2-2011, 37-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-23 Attachment 1 (DOC; 78KB; 4pp.)
- Item W-23 Attachment 2 (DOC; 79KB; 4pp.)
- Item W-23 Attachment 3 (DOC; 78KB; 4pp.)
- Item W-23 Attachment 4 (DOC; 79KB; 4pp.)
Special Education Program (Extended School Year (Summer School))
Item W-24 Specific (DOC; 70KB; 3pp.)
Subject: Request by El Centro 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: 71-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-24 Attachment 1 (DOC; 64KB; 2pp.)
Special Education Program (Extended School Year (Summer School))
Item W-25 General (DOC; 75KB; 3pp.)
Subject: Request by Gateway 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: 69-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-25 Attachment 1 (DOC; 63KB; 2pp.)
Special Education Program (Extended School Year (Summer School))
Item W-26 General (DOC; 73KB; 3pp.)
Subject: Request by Shasta County Office of Education to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year for special education students.
Waiver Number: 101-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-26 Attachment 1 (DOC; 63KB; 2pp.)
Special Education Program (Extended School Year (Summer School))
Item W-27 General (DOC; 72KB; 3pp.)
Subject: Request by Imperial County Office of Education to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.
Waiver Number: 36-3-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-27 Attachment 1 (DOC; 62KB; 2pp.)
Special Education Program (Resource Teacher Caseload)
Item W-28 Specific (DOC; 115KB; 4pp.)
Subject: Request by Waterford 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). Jean Jacob is assigned at Richard Moon Primary School and Lucille Whitehead Intermediate School.
Waiver Number: 44-2-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-28 Attachment 1 (DOC; 67KB; 4pp.)
State Meal Mandate (Summer School Session)
Item W-29 Specific (DOC; 67KB; 2pp.)
Subject: Request by Summerville Union High School District under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the Summer School Session for Summerville High School.
Waiver Number: 3-3-2011
(Recommended for DENIAL)
- Item W-29 Attachment 1 (DOC; 284KB; 5pp.)
State Meal Mandate (Summer School Session)
Item W-30 Specific (DOC; 75KB; 3pp.)
Subject: Request by Temple City Unified School District under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the Summer School Session for Union Hills Elementary School.
Waiver Number: 28-3-2011
(Recommended for DENIAL)
- Item W-30 Attachment 1 (DOC; 566KB; 9pp.)
Item 16 (DOC; 436KB; 13pp.)
Subject: Elementary and Secondary Education Act: Proposed Alternatives for the Review of 92 Local Educational Agencies in Cohort 1 Program Improvement Corrective Action.
Type of Action: Action, Information
- Item 16 Attachment 5 (XLS; 69KB; 3pp.)
- Item 16 Attachment 7 (XLS; 69KB; 3pp.)
Item 17 (DOC; 1.4MB; 4pp.)
Subject: Elementary and Secondary Education Act: Quarterly Report on Recurring Findings from the 2010 United States Department of Education Title I Monitoring Visit.
Type of Action: Action, Information
Item 18 (DOC; 140KB; 13pp.)
Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Providers to the 2011–13 State Board of Education-Approved Supplemental Educational Services Provider List and Request for Two Waivers Under Title I, Part A Section 9401 of the Elementary and Secondary Education Act.
Type of Action: Action, Information
- Item 18 Attachment 4 (PDF; 116KB; 8pp.)
- Item 18 Addendum (DOC; 460KB; 14pp.)
Item 19 (DOC; 169KB; 19pp.)
Subject: Inclusion of Alternative Education Program Accountability Results in the Academic Performance Index – Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 1039.2 and 1039.3.
Type of Action: Action, Information
Item 20 (DOC; 62KB; 2pp.)
Subject: California English Language Development Test Program: Preliminary Annual Assessment Results for 2010–11.
Type of Action: Action, Information
- Item 20 Addendum (DOC; 218KB; 10pp.)
Item 21 (DOC; 115KB; 11pp.)
Subject: Legislative and Budget Update, Including, but Not Limited to, Information on the 2011–12 Legislative Session.
Type of Action: Action, Information
- Item 21 Addendum (DOC; 111KB; 14pp.)
***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/].