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Agenda--January 5-7, 2010

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

Ted Mitchell, President
Ruth Bloom, Vice President

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

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Theresa Garcia

Schedule of Meeting

Location

Tuesday, January 5, 2010

1:00 p.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
  • 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

Tuesday, January 5, 2010

1:00 p.m. Pacific Time ±
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

Wednesday, January 6, 2010

9:00 a.m. Pacific time ±
STATE BOARD OF EDUCATION
Closed Session – IF NECESSARY – will take place at approximately 12 noon    
(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) will commence at approximately 12 noon.

Schedule of Meeting

Location

Thursday, January 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 commence later than 9:00 a.m.

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
January 5-7, 2010

Tuesday, January 5, 2010 – 1:00 p.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 January 5, 2010, may be carried over to January 6, 2010.


MEETING MINUTES

Draft Minutes for September 16-17, 2009 (DOC)
[Note, the preceding link to the Draft Minutes for September 16-17, 2009 is no longer valid. Visit the State Board of Education Minutes page for more information.]


AGENDA ITEMS

Item 1 (DOC)

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 Liaison Reports; and other matters of interest.  The Secretary of Education will also provide a short report to the board which will include an update on digital content and Race to the Top.

Type of Action:  Action, Information


Item 2 (DOC)

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)

Subject:  Assignment of Numbers for Charter School Petitions.

Type of Action: Action, Information


***PUBLIC HEARINGS***

Public Hearings on the following agenda items will commence no earlier than 1:15 p.m. on Tuesday, January 5, 2010. The Public Hearings will be held as close to 1:15 p.m. as the business of the State Board permits.

Item 4 (DOC)

Subject:  Consideration of the Petition to Establish Ingenium Charter School, which was Denied by the Los Angeles Unified School District and the Los Angeles County Board of Education.

Type of Action: Action, Information, Public Hearing


Item 5 (DOC)

Subject:  Dixon Montessori Charter School: Consideration of the Request for Charter Renewal, which was Denied by Dixon Unified School District and the Solano County Board of Education.

Type of Action: Action, Information, Public Hearing


Item 6 (DOC)

Subject:  Hickman Community Charter District: Consideration of Petition to Renew Districtwide Charter.

Type of Action: Action, Information, Public Hearing


Item 7 (DOC)

Subject:  Aspire Public Schools Statewide Benefit Charter: Consideration of a Material Amendment of the Charter to Expand Grades Served from Kindergarten through Grade Eight to Kindergarten through Grade Twelve and to Add Sites.

Type of Action: Action, Information, Public Hearing


Item 8 (DOC)

Subject:  Livermore Valley Charter Preparatory High School: Material Revision of Charter.

Type of Action: Action, Information, Public Hearing


***END OF PUBLIC HEARING***

Item 9

Subject:  PROPOSED ITEM PULLED


Item 10 (DOC)

Subject: California’s Application to the United States Department of Education for Funds Available Through the Federal Charter School Program: Discussion and Consideration of Proposed Content, Final Approval, and Submission

Type of Action: Action, Information


Item 11 (DOC)

Subject:  Student Achievement Plans for State Board of Education Authorized Charter Schools: Review and Approve Plans Submitted by Animo Inglewood Charter High School, Lifeline Education Charter School, Edison Charter Academy, and   Micro-Enterprise Charter Academy; Initiate the Revocation Process for The School of Arts and Enterprise Through the Issuance of a Notice to Remedy for Failure to Timely Submit a Plan; and Take Other Action as Appropriate Based on the Failure of These Schools to Meet AYP and API Growth Targets.

Type of Action:  Action, Information


Item 12 (DOC)

Subject:  School Fiscal Stabilization Fund Phase II Application.

Type of Action:  Action, Information


Item 13 (DOC)

Subject:  Race to the Top: Update on Progress of State Plan and Approval or Delegation of Authority to State Board President to Sign Application.

Type of Action: Action, Information

***ADJOURNMENT OF DAY’S SESSION***


Wednesday January 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
CLOSED SESSION ( will be convened at approximately 12 noon)
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 14 (DOC)

Subject:  Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs: Including Discussion, Consideration, Final Approval, and Submission of Tydings Amendment Waivers and the 2009-10 Application for the School Improvement Fund Grant.

Type of Action: Action, Information


Item 15 (DOC)

Subject:  State and Federal Accountability: Race and Ethnicity Categories.

Type of Action: Action, Information


Item 16 (DOC)

Subject: Elementary and Secondary Education Act: Proposed Amendments to the Accountability Workbook for 2010 Related to Graduation Rate Changes Which are Used as an Additional Indicator for Adequate Yearly Progress.

Type of Action: Action, Information


Item 17 (DOC)

Subject:  Proposed Changes to the Title III Accountability System Required by the Notice of Final Interpretations Released by the U.S. Department of Education in October 2008.

Type of Action: Action, Information


Item 18 (DOC)

Subject:  Proposed Changes to the 2009 Base Academic Performance Index.

Type of Action: Action, Information


Item 19 (DOC)

Subject: Elementary and Secondary Education Act: Recommendations Related to California's Assignment of Sanctions and Associated Technical Assistance for 2009 Local Education Agencies in Program Improvement Year 3 Corrective Action: Revised Definition of Corrective Action 6 and Decision Regarding Specific Assignment of Sanctions.

Type of Action: Action, Information


Item 20 (DOC)

Subject:  Elementary and Secondary Education Act: Action Related to California’s Assignment of Sanctions and Associated Technical Assistance: Quarterly Progress Reports.

Type of Action: Action, Information


Item 21 (DOC)

Subject:  Elementary and Secondary Education Act: Action on Recommendations Related to California’s Assignment of Sanctions and Associated Technical Assistance: Progress Reports for Select Cohort 1 Local Educational Agencies in Program Improvement Corrective Action Moderate and Intensive Technical Assistance Categories for Additional Consideration and Action.

Type of Action: Action, Information


Item 22 (DOC)

Subject:  Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Local Educational Agencies in Program Improvement as Providers to the 2009-2010 State Board of Education-Approved Supplemental Educational Services Provider List.

Type of Action:  Action, Information


Item 23 (DOC)

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

Type of Action: Action, Information


Item 24 (DOC)

Subject:  Standardized Testing and Reporting Program: Approval of 2010 School District Apportionment Amounts.

Type of Action: Action, Information


Item 25 (DOC)

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, 11969.1, 11969.2, 11969.3, 11969.4 and 11969.10.

Type of Action:  Action, Information

Item 25 Addendum (DOC)


Item 26 (DOC)

Subject:  State Charter School Petitioner Notification Requirements - Approve Commencement of the Rulemaking Process for Amendments to California Code of Regulations, Title 5, sections 11967.6 and 11967.6.1.

Type of Action:  Action, Information

***ADJOURNMENT OF DAY’S SESSION***


Thursday, January 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


Item 27 (DOC; 5MB)

Subject:  Education and the Environment Initiative (EEI): Approval of 76 Instructional Units.

Type of Action: Action, Information


Item 28 (DOC)

Subject:  2010 United States Senate Youth Program Presentation.

Type of Action: Action, Information


Item 29 (DOC)

Subject:  Approval of 2009-10 Consolidated Applications.

Type of Action: Action, Information

***PUBLIC HEARING***

A Public Hearing on the following agenda item will commence no earlier than 1 p.m. Thursday, January 7, 2010. The Public Hearing will be held as close to1 p.m. as the business of the State Board permits.


Item 30 (DOC)

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

***END OF PUBLIC HEARING***


Item 31 (DOC)

Subject: State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act Covering the Program Year 2008-09.

Type of Action:  Action, Information


Item 32 (DOC)

Subject:  Special Education Local Plan Area Regionalization Models.

Type of Action:  Action, Information


WAIVER REQUEST CONSENT MATTERS

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

Charter School Program (Attendance Accounting for Multi-Track)

Item WC-1 (DOC)

Subject: Request by Inyo County Office of Education for Youth Build Charter School of California 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. (Track 1: 175 days, two sites, and Track 2: 183 days, 5 sites)

Waiver Number: 21-10-2009

(Recommended for APPROVAL WITH CONDITIONS)


Item WC-2 (DOC)

Subject: Request by Vista Unified School District for School for Intergraded Academics and Technology Charter High School 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.

Waiver Number: 36-9-2009

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


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

Item WC-3 (DOC)

Subject: Request by Placentia-Yorba Linda Unified School District under the authority of California Education Code Section 41382 to waive Education Code Section 41376(a), regarding exceeding class size penalty limits in grade three, at Bryant Ranch Elementary School for three third grade classes with 33 students and Glenknoll Elementary School for one third grade class with 33 students, as well as one third grade class of 34 at Glenknoll Elementary School and two third grade classes of 34 at Morse Elementary School (2007-2008 school year).

Waiver Number: 14-7-2009

(On Consent due to SBE Streamlined Waiver Policy Only.)

(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (Shared Schoolsite Council)

Item WC-4 (DOC)

Subject: Request by Valley Center-Pauma Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council to function for two schools, Oak Glen School and Independent Study Prep School.

Waiver Number: 8-10-2009

(Recommended for APPROVAL WITH CONDITIONS)


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

Item WC-5 (DOC)

Subject: Request by Los Angeles 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 Nick Lugo to continue to provide services to students until June 30, 2010, under a remediation plan to complete those minimum qualifications.

Waiver Number: 15-10-2009

(Recommended for APPROVAL WITH CONDITIONS)


Item WC-6 (DOC)

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 Lauren Lara, Julia Keller, Dawn Arii, Cassandra Hale, and Sandra Hart to continue to provide services to students until June 30, 2010, under a remediation plan to complete those minimum qualifications.

Waiver Number: 44-6-2009, 46-6-2009, 48-6-2009, 49-6-2009, 52-6-2009

(On Consent due to SBE Streamlined Waiver Policy Only.)

(Recommended for APPROVAL WITH CONDITIONS)


Item WC-7 (DOC)

Subject: Request by Chino Valley Unified School District for a renewal waiver of California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that eductional interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009 to allow Nadine Acosta to continue to provide services to students until June 30, 2010, under a remediation plan to complete those minimum qualifications.

Waiver Number: 15-8-2009

(On Consent due to SBE Streamlined Waiver Policy Only.)

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report (CELDT)

Item WC-8 (DOC)

Request by Lamont Elementary School District, and Marin County Office of Education 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: 2-11-2009 and 18-10-2009

(Recommended for APPROVAL)


TEACHER TENURE WHEN PART-TIME

Item WC-9 (DOC)

Subject: Request by Chino Valley Unified School District to waive a portion of California Education Code Section 44908, the requirement that a probationary employee who, in any one school year, has served for at least seventy-five percent of the number of days the regular schools of the district in which he is employed are maintained shall be deemed to have served a complete school year.

Waiver Number: 23-10-2009

(On Consent due to SBE Streamlined Waiver Policy Only.)

(Recommended for APPROVAL WITH CONDITIONS)


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.

Bishop Joint Elementary and Bishop Joint

School District Reorganization (Multiple Waivers to Facilitate Unification)

Item W-1 (DOC)

Subject: Request by Bishop Union Elementary and Bishop Joint Union High School Districts to waive portions of California Education Code sections 35706, 35708, and 35710 regarding unification process of school districts, and 35534, 35709, and all of 35710 regarding election and effective date for unification of school districts.

Waiver Number: 12-9-2009 and 16-9-2009 (Bishop Elementary)

Waiver Number: 20-11-2009 and 21-11-2009 (Bishop High)

(Recommended for APPROVAL WITH CONDITIONS)


Item W-2 (DOC)

Subject: Request by Inyo County Office of Education to waive portions of California Education Code Section 35100 and all of 35101, to allow for the appointment of an interim board to serve the newly unified district prior to election of a new governing board.

Waiver Number: 19-10-2009

(Recommended for APPROVAL)


Item W-3 (DOC)

Subject: Request by the Inyo County Office of Education to waive portions of California Education Code Section 52055.57(b) for Bishop Joint Union High School District to eliminate the planning process required after being identified as a Program Improvement Year 1 district, because effective July 1, 2010, the district will be unified with the Bishop Union Elementary School District, a Program Improvement Year 3 district.

Waiver Number: 20-10-2009

(Recommended for APPROVAL WITH CONDITIONS)


Charter School Program (Independent Study Rules for Non-Classroom Based Charters)

Item W-4 (DOC)

Subject: Request by Perris Union High School District for Choice 2000 Charter School to waive California Code of Regulations, Title 5, Section 11963.1 and California Education Code Section 47612.5 (b), the requirements that a nonclassroom-based charter school, Choice 2000, follow independent study rules, and Education Code sections 51745 - 51749.3 (excluding 51747.3), all independent study rules including pupil teacher ratios, except the section on how to claim state funding for the program. (Prospective Waiver beginning 2009-10 year)

Waiver Number: 12-8-2009

(Recommended for DENIAL)


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

Item W-5 (DOC)

Subject: Request by Pomona 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 31.9 to one and the district wishes to increase the average to 35 to one, prospectively. (2010-2012 fiscal years)

Waiver Number: 7-8-2009

(Recommended for APPROVAL WITH CONDITIONS)


Community Day Schools (CDS) (Minimum School Day)

Item W-6 (DOC)

Subject: Request by Reef-Sunset Unified School District to waive California Education Code Section 48663(a) regarding community day school classroom minimum instructional minutes.

Waiver Number: 13-10-2009

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-7 (DOC)

Subject: Request by Pasadena 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 2007-08 fiscal year than the state minimum set in 1986-87 at William L. Blair Magnet School for students in grades nine through twelve (shortfall of 1,165 minutes).

Waiver Number: 39-9-2009

(Recommended for APPROVAL WITH CONDITIONS)


Petition request (Petition to Purchase Special Education Non Adopted Material)

Item W-8 (DOC)

Subject: Petition request by Solano County Office of Education under California Education Code sections 60421(d) and 60200(g) to purchase specified non-adopted instructional materials for severely disabled children using carryover Instructional Materials Funding Realignment Program funds.

Waiver Number: 3-10-2009

(Recommended for APPROVAL)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-9 (DOC)

Subject: Request by the Paramount 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 Los Cerritos School (requesting 23 -1 ratio on average in grades four and five only).

Waiver Number: 10-6-2009

(Recommended for DENIAL)


Item W-10 (DOC)

Subject: Request by the Santa Maria-Bonita 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 Bonita School (requesting 21 -1 ratio on average in grade four only).

Waiver Number: 25-10-2009

(Recommended for DENIAL)


Revenue Limit Calculations (Excess Property Taxes)

Item W-11 (DOC)

Subject: Request by Santa Clara County Office of Education to waive portions of California Education Code Section 2558(e), which restricts excess property tax funds from being spent in the current fiscal year. The county would like to spend these restricted funds to offset current revenue limits and categorical reductions.

Waiver Number: 22-10-2009

(Recommended for DENIAL)


School District Reorganization (Elimination of Election Requirement)

Item W-12 (DOC)

Subject: Request by Oak Grove 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: 26-10-2009

(Recommended for APPROVAL)


School District Reorganization (Timeline Requirements - CEQA)

Item W-13 (DOC)

Subject: Request by Riverside County Office of Education for a waiver of a portion of California Education Code Section 35705 regarding the 60-day timeline between transmittal of a school district reorganization petition to the Riverside County Committee on School District Organization and the holding of public hearings for the petition.

Waiver Number: 11-10-2009

(Recommended for APPROVAL WITH CONDITIONS)


School Safety and Violence Prevention (School Safety and Violence Prevention)

Item W-14 (DOC)

Subject: Request by San Diego Unified School District to waive portions of California Education Code sections 45127 and 45128, to allow the school police officer dispatchers to work a four-day work week consisting of two twelve-hour work shifts and two eight-hour work shifts not to exceed 40 hours in a week or 12 hours in a day without overtime.

Waiver Number: 8-11-2009

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


Schoolsite Council Statute (Number and Composition of Members)

Item W-15 (DOC)

Subject: Request by Tahoe-Truckee Joint Unified School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small continuation high school (Sierra Continuation High School.)

Waiver Number: 14-9-2009

(Recommended for APPROVAL WITH CONDITIONS)


Item W-16 (DOC)

Subject: Request by Tahoe-Truckee Joint Unified School District under the authority of California Education Code Section 52863 for a renewal 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 alternative school, (Cold Stream Alternative School).

Waiver Number: 15-9-2009

(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (Shared Schoolsite Council)

Item W-17 (DOC)

Subject: Request by Delano Union Elementary School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council to function for two schools, Valle Vista Elementary School and Nueva Vista Language Academy Elementary Charter School.

Waiver Number: 10-9-2009

(Recommended for APPROVAL WITH CONDITIONS)


Item W-18 (DOC)

Subject: Request by Glenn County Office of Education under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council to function for four small schools, Glenn County Opportunity School, William Finch Charter School, Willowglen Court School and Glenn County Special Education School.

Waiver Number: 20-9-2009

(Recommended for APPROVAL WITH CONDITIONS)


Item W-19 (DOC)

Subject: Request by River Delta Joint Unified 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 small schools, Clarksburg Middle School and Delta High School.

Waiver Number: 25-9-2009

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-20 (DOC)

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, Mary Kelly, and Susie Parker to continue to provide services to students until June 30, 2010 under a remediation plan to complete those minimum qualifications.

Waiver Number: 21-9-2009, 22-9-2009, 23-9-2009, 24-9-2009

(Recommended for APPROVAL WITH CONDITIONS)


Item W-21(DOC)

Subject: Request by Lemoore 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 Gayle Tackett to continue to provide services to students until June 30, 2010.

Waiver Number: 1-10-2009

(Recommended for APPROVAL WITH CONDITIONS)


Item W-22 (DOC)

Subject: Request by Los Angeles 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 Lorraine Korn, Leo Corson, and Sherri Hill to continue to provide services to students until June 30, 2010, under a remediation plan to complete those minimum requirements.

Waiver Number: 14-10-2009, 16-10-2009, and 17-10-2009

(Recommended for APPROVAL WITH CONDITIONS)

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Questions: State Board of Education | 916-319-0827 
Last Reviewed: Tuesday, September 27, 2022
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