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Agenda--March 10-11, 2010

Agenda and other related materials for the California State Board of Education (SBE) meeting to be held on March 10-11, 2010.
State Board Members

Ted Mitchell, President
Ruth Bloom, Vice President

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

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Theresa Garcia

Schedule of Meeting Location

Wednesday, March 10, 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
  • 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, March 10, 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, March 11, 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, March 11, 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
March 10-11, 2010

Wednesday, March 10, 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

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 March 10, 2010, may be carried over to March 11, 2010.

AGENDA ITEMS

Item 1 (DOC; 142KB; 4pp.)

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 new Secretary of Education, Bonnie Reiss, will address the board and may provide an update on priorities for Office of the Secretary of Education and the Governor’s office.

Type of Action:  Action, Information

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; 2MB; 132pp.)

Subject:  Education and the Environment Initiative: Approval of Nine Instructional Units.

Type of Action: Action, Information

Item 4 (DOC; 226KB; 9pp.)

Subject:  California State Plan 1999–2010 for the Workforce Investment Act, Title II: Adult Education and Family Literacy Act: Extension and Update.

Type of Action: Action, Information

Item 5 (DOC; 243KB; 10pp.)

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

Type of Action: Action, Information

Item 6 (DOC; 106KB; 6pp.)

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

Type of Action: Action, Information

Item 7 (DOC; 66KB; 1p.)

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

Type of Action: Action, Information

Item 8 (DOC; 63KB; 2pp.)

Subject:  Request by the Los Angeles Unified School District Regarding California Education Code sections 17515 through 17526, Joint Public/Private Occupancy Proposal, Allowing the Los Angeles Unified School District and Thomas Safran & Associates to Enter into Leases and Agreements Relating to Real Property and Buildings to be Used Jointly by the District and Thomas Safran & Associates.

Type of Action: Action, Information

Item 9

Subject:     This item has been pulled.

Item 10 (DOC; 148KB; 11pp.)

Subject:  Approval of 2009-10 Consolidated Applications.

Type of Action: Action, Information

Item 11 (DOC; 78KB; 3pp.)

Subject:  Assignment of Numbers for Charter School Petitions.

Type of Action:  Action, Information

Item 12 (DOC; 112KB; 7pp.)

Subject:  Consideration of Mitigating Circumstances Impacting the Current Funding Determinations for Options For Youth Public Charter Schools and Opportunities For Learning Public Charter Schools.

Type of Action:  Action, Information

Item 13 (DOC; 167KB; 5pp.)

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

Type of Action: Action, Information

Item 14 (DOC; 67KB; 4pp.)

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

Type of Action: Action, Information

***PUBLIC HEARING***

A Public Hearing on the following agenda item will commence no earlier than 3:00 p.m. on Wednesday, March 10, 2010. The Public Hearing will be held as close to 3:00 p.m. as the business of the State Board permits.

Item 15 (DOC; 585KB; 55pp.)

Subject:  Nova Meridian Academy: Reconsideration of the Appeal of the Charter Renewal Petition Initially Presented to the State Board of Education on September 17, 2009.

Type of Action: Action, Information, Public Hearing

***END OF PUBLIC HEARING***

Item 16 (DOC; 663KB; 26pp.)

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

 

***ADJOURNMENT OF DAY’S SESSION***

Thursday, March 11, 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 17 (DOC; 82KB; 2pp.)

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

Item 18 (DOC; 4.9MB; 101pp.)

Subject:  Elementary and Secondary Education Act: School Improvement Grant: Approval of the State’s Application for the School Improvement Grant Under Section 1003(g) of the Elementary and Secondary Education Act and the 2009–10 American Recovery and Reinvestment Act.  

Type of Action: Action, Information

Item 19 (DOC; 1MB; 18pp.)

Subject: Elementary and Secondary Education Act: School Improvement Grant: Approval of a Request for Applications for the School Improvement Grant Under Sections 1003(a) and (g), Title I, Part A of the Elementary and Secondary Education Act.

Type of Action: Action, Information

Item 20 (DOC; 125KB; 14pp.)

Subject:  Evaluation of California’s District Intervention and Capacity Building Initiative: Presentation by California County Superintendents Educational Services Association and Stanford Research Institute International.  

Type of Action: Action, Information

Item 21 (DOC; 190KB; 12pp.)

Subject:  Elementary and Secondary Education Act: Amended Rubric for Evaluation of Revised Local Educational Agency Plans for 26 Local Educational Agencies in Program Improvement Corrective Action.  

Type of Action: Action, Information

Item 22 (DOC; 217KB; 8pp.)

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

Type of Action:  Action, Information

Item 23 (DOC; 209KB; 9pp.)

Subject:   Elementary and Secondary Education Act: Recommendations Related to California's Assignment of Sanctions and Associated Technical Assistance for Select 2009 Cohort 3 Local Educational Agencies in Program Improvement Year 3 Corrective Action. 

Type of Action: Action, Information

Item 24 (DOC; 71KB; 3pp.)

Subject: Elementary and Secondary Education Act: Action on Recommendations Related to California’s Assignment of Sanctions and Associated Technical Assistance for Select Cohort 1 2007 Local Educational Agencies in Program Improvement Year 3 Corrective Action.    

Type of Action: Action, Information

Item 25 (DOC; 57KB; 2pp.)

Subject:  California High School Exit Examination: Human Resources Research Organization Biennial Report. 

Type of Action:  Action, Information

Item 26 (DOC; 234KB; 10pp.)

Subject:   Standardized Testing and Reporting Program: Approval 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

Item 27 (DOC; 200KB; 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

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; 88KB; 3pp.)

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

Waiver Number: 6-12-2009

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

Item WC-2 (DOC; 88KB; 3pp.)

Subject: Request by Hermosa Beach City Elementary School District for Options for Youth-Hermosa Beach Charter 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: 7-12-2009

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

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

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

Subject: Request by Temecula 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 and the district wishes to increase average to 32 to one, prospectively. (2010-11 and 2011-12 fiscal years)

Waiver Number: 13-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

(Consent due to SBE Streamlined Waiver Policy only.)

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

Item WC-4 (DOC; 79KB; 2pp.)

Subject: Request by Templeton Unified School District for Templeton 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-16-2009

(Recommended for APPROVAL)

Quality Education Investment Act (Class Size Reduction Requirements)

Item WC-5 (DOC; 89KB; 4pp.)

Subject: Request by Pierce Joint 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 Lloyd G. Johnson Junior High School (requesting 23-1 ratio on average in grades 6-8).

Waiver Number: 28-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

(Consent due to SBE Streamlined Waiver Policy only.)

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

Item WC-6 (DOC; 87KB; 4pp.)

Subject: Request by Santee Elementary School District to waive portions of California Education Code sections 17455, 17466, 17472, and 17475, and all of 17473, and 17474 regarding competitive bidding process for the lease of surplus property at the former Santee School site (now unused property, buildings on the site have been demolished).

Waiver Number: 8-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

(Consent due to SBE Streamlined Waiver Policy only.)

Schoolsite Council Statute (Number and Composition of Members)

Item WC-7 (DOC; 79KB; 2pp.)

Subject: Request by Garfield Elementary 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 elementary school (Garfield Elementary School).

Waiver Number: 17-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

(Consent due to SBE Streamlined Waiver Policy only.)

Item WC-8 (DOC; 78KB; 2pp.)

Subject: Request by Big Lagoon Union Elementary 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 elementary school (Big Lagoon Elementary School).

Waiver Number: 18-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

(Consent due to SBE Streamlined Waiver Policy only.)

Schoolsite Council Statute (Shared Schoolsite Council)

Item WC-9 (DOC; 81KB; 2pp.)

Subject: Request by Lagunitas 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, Lagunitas Elementary School and San Geronimo Valley Elementary School.

Waiver Number: 23-11-2009

(Recommended for APPROVAL WITH CONDITIONS)

(Consent due to SBE Streamlined Waiver Policy only.)

Item WC-10 (DOC; 82KB; 2pp.)

Subject: Request by Newark 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, Bridgepoint Continuation High School, Crossroads Independent Study program, Community Day School, and the special education program, Transition to Adult Living and Learning.

Waiver Number: 3-11-2009

(Recommended for APPROVAL WITH CONDITIONS)

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

Item WC-11 (DOC; 91KB; 4pp.)

Subject: Request by Plumas 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 Heather Cooke to continue to provide services to students until June 30, 2010, under a remediation plan to complete those minimum qualifications.

Waiver Number: 27-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

(Consent due to SBE Streamlined Waiver Policy only.)

Special Education Program (Resource Teacher Caseload)

Item WC-12 (DOC; 79KB; 3pp.)

Subject: Request by Alpine Union 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 4 students (32 maximum). Jennifer Burnette is assigned at Alpine Elementary School.

Waiver Number: 25-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

(Consent due to SBE Streamlined Waiver Policy only.)

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

Subject: Request by Anderson Union High 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 a resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Wendy Roscoe is assigned at North Valley High School.

Waiver Number: 29-11-2009

(Recommended for APPROVAL)

Item WC-14 (DOC; 84KB; 3pp.)

Subject: Request by Centralia 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 a resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Janette Martel is assigned at San Marino School.

Waiver Number: 16-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item WC-15 (DOC; 75KB; 2pp.)

Subject: Request by Los Angeles Unified School District for High Tech Los Angeles Charter High School 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 a resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Colleen Molina is assigned at High Tech Los Angeles Charter High School.

Waiver Number: 37-9-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item WC-16 (DOC; 78KB; 3pp.)

Subject: Request by Rocklin Unified School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of a resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Deanna Torrington is assigned at Granite Oaks Middle School and Tobin George is assigned at Spring View Middle School.

Waiver Number: 24-12-2009

(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.

Charter School Program (Attendance Accounting for Multi-Track)

Item W-1 (DOC; 91KB; 4pp.)

Subject: Request by Los Angeles Unified School District for Fenton Primary Center to waive California Code of Regulations, Title 5, Section 11960(a) and (b), to allow the charter school attendance to be calculated as if it were a regular multi-track school and to allow a 163 day calendar. (Retroactive for the 2008-09 year only)

Waiver Number: 14-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item W-2 (DOC; 92KB; 4pp.)

Subject: Request by Los Angeles Unified School District for Fenton Primary Center to waive California Code of Regulations, Title 5, Section 11960(a) and (b), to allow the charter school attendance to be calculated as if it were a regular multi-track school and to allow a 170 day calendar. (Prospective)

Waiver Number: 21-12-2009

(Recommended for APPROVAL WITH CONDITIONS

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

Item W-3 (DOC; 89KB; 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, for the 2010-2012 fiscal years.

Waiver Number: 19-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

EMPLOYMENT – RETIREMENT SYSTEM 

Item W-4 (DOC; 82KB; 2pp.)

Subject: Request by Los Angeles Unified School Distric to waive California Education Code Section 45134(c), to allow the employment of Lannie Foster, a State Teachers Retirement System retiree as a Staff Assistant to a Board Member.

Waiver Number: 20-1-2010

(Recommended for APPROVAL WITH CONDITIONS)

INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Longer Day and Year - District)

Item W-5 (DOC; 89KB; 3pp.)

Subject: Request by Acton-Agua Dulce Unified School District under the authority of California Education Code Section 46206 to waive Education Code Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2007-08 fiscal year than the district offered in 1982-83 at Agua Dulce School for students in grades one through three (shortfall of 500 minutes) and students in grades four and five (shortfall of 575 minutes).

Waiver Number: 38-9-2009

(Recommended for APPROVAL WITH CONDITIONS)

Out-of-State Use of Funds and Transportation Allowances

Item W-6 (DOC; 83KB; 2pp.)

Subject: Request by Corning Union Elementary School District to waive a portion of California Education Code Section 35330(d) to authorize expenditure of school district funds for students to travel to Oregon, to experience the Ashland Shakespeare Festival, and other required school sponsored trips.

Waiver Number: 9-12-2009

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

Item W-7 (DOC; 83KB; 2pp.)

Subject: Request by Dunsmuir Joint Union High School District to waive a portion of California Education Code Section 35330(d) to authorize expenditure of school district funds for students to travel to Oregon, to attend a wrestling match/tournament.

Waiver Number: 10-12-2009

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

Physical Fitness Testing (Physical Fitness Testing)

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

Subject: Request by Redlands Unified School District to waive portions of California Education Code Section 60800(a), relating to Physical Fitness Testing, specifically the testing window of February 1 through May 31.

Waiver Number: 22-11-2009

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

Quality Education Investment Act (Money to Follow Identified Students)

Item W-9 (DOC; 98KB; 3pp.)

Subject: Request by Los Angeles Unified School District to waive California Education Code Section 52055.750(a)(9) regarding funds expenditure requirements under the Quality Education Investment Act, in order to allow funds from Roosevelt High School to follow identified students who will be transferring to six new schools on the Roosevelt High School campus to ensure that they will not lose the benefits of the Quality Education Investment Act.

Waiver Number: 33-12-2009

(Recommended for DENIAL)

Item W-10 (DOC; 99KB; 3pp.)

Subject:  Request by Los Angeles Unified School District to waive California Education Code Section 52055.750(a)(9) regarding funds expenditure requirements under the Quality Education Investment Act, in order to allow funds from Roosevelt High School to follow identified students who will be transferring to Mendez Learning Center to ensure that they will not lose the benefits of the Quality Education Investment Act.

Waiver Number: 32-12-2009

(Recommended for DENIAL)

Item W-11 (DOC; 89KB; 3pp.)

Subject: Request by Los Angeles Unified School District for a renewal to waive California Education Code Section 52055.750(a)(9) regarding funds expenditure requirements under the Quality Education Investment Act, in order to allow funds from seven Quality Education Investment Act schools to follow identified students who will be transferring to nine new schools to ensure that they will not lose the benefits of the Quality Education Investment Act.

Waiver Number: 31-12-2009

(Recommended for DENIAL)

School Construction Bonds (Citizens Oversight Committee - Term Limits)

Item W-12 (DOC; 79KB; 3pp.)

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

Waiver Number: 22-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

School District Reorganization (Elimination of Election Requirement)

Item W-13 (DOC; 85KB; 3pp.)

Subject: Request by Central 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: 23-12-2009

(Recommended for APPROVAL)

Schoolsite Council Statute (Number and Composition of Members)

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

Subject: Request by Elkins 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 elementary school.

Waiver Number: 30-11-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item W-15 (DOC; 82KB; 3pp.)

Subject: Request by Klamath-Trinity 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 two small rural schools, Weitchpec Yurok Magnet School and Jack Norton Elementary School.

Waiver Number: 12-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

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

Subject: Request by Placer Union High 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, Foresthill High School.

Waiver Number: 1-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Shared Schoolsite Council)

Item W-17 (DOC; 81KB; 3pp.)

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 to function for three schools, Tulelake Elementary School, Newell Elementary School, and Modoc County Community School Tulelake.

Waiver Number: 15-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-18 (DOC; 108KB; 5pp.)

Subject: Request by Desert Sands Unified School District for a renewal waiver of 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 Debra Hale, Martin Coogan, and Rebecca Wilms, to continue to provide services to students until June 30, 2010, under a remediation plan to complete those minimum qualifications.

Waiver Number: 24-11-2009, 25-11-2009, 28-11-2009

(Recommended for APPROVAL WITH CONDITIONS)

Item W-19 (DOC; 91KB; 4pp.)

Subject: Request by Desert Sands Unified School District for a renewal waiver of 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 Kimberly Tingle, to continue to provide services to students until June 30, 2010, under a remediation plan to complete those minimum qualifications.

Waiver Number: 27-11-2009

(Recommended for DENIAL)

FEDERAL – TITLE l PART A, AMERICAN RECOVERY AND REINVESTMENT ACT

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

Subject: Request by fifteen 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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