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Agenda--November 9-10, 2010

Agenda and other related materials for the California State Board of Education (SBE) meeting to be held on November 9-10, 2010.
State Board Members

Ted Mitchell, President
Ruth Bloom, Vice President

Alan Arkatov
James Aschwanden
Benjamin Austin
Yvonne Chan
James Fang
Gregory Jones
David Lopez
Johnathan Williams
Connor Cushman, Student Member

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Nicolas Schweizer

Schedule of Meeting Location

Tuesday, November 9, 2010
9:00 a.m. Pacific Time +

STATE BOARD OF EDUCATION
Closed Session – IF NECESSARY
(The public may not attend)

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

The Closed Session (1) may commence earlier than 9:00 a.m.; (2) may begin at or before 9:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 9:00 a.m.

CLOSED SESSION AGENDA

Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation which follows will be considered and acted upon in closed session:

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

Conference with Legal Counsel – Anticipated Litigation:  Under Government Code sections 11126(e)(1) and (e)(2)(B), the State Board of Education hereby provides public notice that it may meet in closed session to decide whether there is a significant exposure to litigation, and to consider and act in connection with matters for which there is a significant exposure to litigation.  Under Government Code sections 11126(e)(1) and (e)(2)(C), the State Board of Education hereby provides public notice that it may meet in closed session to decide to initiate litigation and to consider and act in connection with litigation it has decided to initiate.

Under Government Code section 11126(c)(14), the State Board of Education hereby provides public notice that it may meet in closed session to review and discuss the actual content of pupil achievement tests (including, but not limited to, the High School Exit Exam) that have been submitted for State Board approval and/or approved by the State Board.

Under Government Code section 11126(a), the State Board of Education hereby provides public notice that it may meet in closed session regarding the appointment, employment, evaluation of performance, or dismissal, discipline, or release of public employees, or a complaint or charge against public employees. Public employees include persons exempt from civil service under Article VII, Section 4(e) of the California Constitution.

Schedule of Meeting Location

Tuesday, September 9, 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

Wednesday, November 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

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 9:00 a.m.

Schedule of Meeting Location

Wednesday, November 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.


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

November 9, 2010

Tuesday, November 9, 2010 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held) 

California Department of Education
1430 N Street, Room 1101
Sacramento, California

Call to Order

Salute to the Flag

Closed Session

Communications

Announcements

REPORT OF THE SUPERINTENDENT

SPECIAL PRESENTATIONS
Public notice is hereby given that special presentations for informational purposes may take place during this session.

NOTE:  Items not heard or completed on November 9, 2010, may be carried over to November 10, 2010.

AGENDA ITEMS

Item 1

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, and other matters of interest.

Type of Action:  Action, Information

  • Item 1 Attachment 1
  • Item 1 Attachment 2
  • Item 1 Attachment 4

Item 2

Subject:  Local Education Agency Reductions in Force: Approve Commencement of the Rulemaking Process to Add Section 5505 to Title 5 of the California Code of Regulations.

Type of Action:  Action, Information

  • Item 2 Attachment 1
  • Item 2 Attachment 2
  • Item 2 Attachment 3
  • Item 2 Attachment 4

Item 3

Subject:  Promotion of a Web-based Clearinghouse for Sharing Teacher and Principal Performance Evaluation Practices, Model Policies, and Reform Efforts.

Type of Action:  Action, Information


Item 4

Subject:  Adopt Policy Guidance for Considering Streamlined Waiver Requests from School Districts that Implement District wide, or Pilot at Selected School Sites, and Use Teacher and Administrator Evaluation Systems to Inform all Employment Decisions.

Type of Action:  Action, Information


Item 5

Subject:  Inclusion of Teacher and Principal Evaluation System Information on the School Accountability Report Card: Approve Commencement of the Rulemaking Process to Add Section 150 to Title 5 of the California Code of Regulations.

Type of Action:  Action, Information

  • Item 5 Attachment 1
  • Item 5 Attachment 2
  • Item 5 Attachment 3
  • Item 5 Attachment 4

Item 6

Subject:  Accountability Report Cards: Approve the Template for the 2009–10 School Accountability Report Card, the 2009–10 Local Educational Agency Accountability Report Card, and the 2009–10 State Accountability Report Card.

Type of Action:  Action, Information


Item 7

Subject:  State Performance Plan for Part B of the Individuals with Disabilities Education Act Covering Program Year 2009–10.

Type of Action:  Action, Information

  • Item 7 Attachment 1
  • Item 7 Attachment 2

Item 8

Subject:  Charter Renewal - Approve Commencement of the Rulemaking Process to add California Code of Regulations, Title 5, Sections 11966.4, 11966.5, and 11966.6, and to amend Section 11967.5.1.

Type of Action:  Action, Information

  • Item 8 Addendum
  • Item 8 Addendum Attachment 4

Item 9

Subject:  Charter Revocation Pursuant to California Education Code Section 47604.5(c) - Adopt Proposed California Code of Regulations, Title 5, Section 11968.5.

Type of Action:  Action, Information

  • Item 9 Attachment 3
  • Item 9 Addendum
  • Item 9 Addendum Attachment 3

Item 10

Subject:  Charter Revocation and Revocation Appeals -  Approve Commencement of Second 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5 Sections 11965, 11968.1, 11968.5.1, 11969.1, 11969.2, 11969.3, 11969.4, and 11969.10.

Type of Action:  Action, Information

  • Item 10 Attachment 3

Item 11

Subject:  Elementary and Secondary Education Act: Supplemental Educational Services – Approve Commencement of 15-Day Public Comment Period for Proposed Changes to Proposed California Code of Regulations, Title 5, Sections 13075.1 Through 13075.9 (inclusive).

Type of Action:  Action, Information

  • Item 11 Attachment 2
  • Item 11 Addendum
  • Item 11 Addendum Attachment 3

Item 12

Subject:  Update on Funding Determinations for Nonclassroom-based Charter Schools under Senate Bill 740. Review of the (1) State Board of Education Policy and Procedure to Request Waivers of the Pupil-Teacher Ratio Requirement, (2) Method and Criteria to Evaluate Requests for Funding Determinations Based on California Code of Regulations, Title 5, Section 11963.4(e), and (3) Consideration of Student Performance Measures in Evaluating Funding Determinations Requests.

Type of Action:  Action, Information

  • Item 12 Attachment 1
  • Item 12 Attachment 2
  • Item 12 Attachment 3
  • Item 12 Attachment 4

Item 13

Subject: Request for Budget Crisis Mitigating Circumstances Flexibility for Current Senate Bill 740 Funding Determinations for the 2009-10 school year for California Virtual Academy at Kern, California Virtual Academy at Jamestown, California Virtual Academy at Sonoma, California Virtual Academy at Sutter, California Virtual Academy at San Mateo, California Virtual Academy at Kings, Desert Sands Charter High School, Vista Real Charter High School, Crescent View West Charter School, Antelope Valley Learning Academy, Mission View Public School, and Sierra Charter School.

Type of Action:  Action, Information

  • Item 13 Attachment 2

Item 14

Subject:  Standardized Testing and Reporting Program: Approval of California Modified Assessment Proposed Performance Standards Setting for English-Language Arts in Grade Nine, Algebra I, and Life Science in Grade Ten and to Conduct the Regional Public Hearings.

Type of Action:  Action, Information

***ADJOURNMENT OF DAY’S SESSION***


Wednesday, November 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

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 15

Subject:  Reports from the 2010-2011 Student Advisory Board on Education (SABE).

Type of Action:  Action, Information

  • Item 15 Addendum
  • Item 15 Addendum Attachment 1

Item 16

Subject:  2011-2012 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor.

Type of Action:  Action, Information

  • Item 16 Addendum

Item 17 (Updated 03-Nov-2010)

Subject:  Notification to School Districts Regarding Unlawful Charges of Mandatory Student Fees for Educational Activities, Supplies, and Equipment.

Type of Action:  Action, Information

  • Item 17 Attachment 1 (Updated 03-Nov-2010)
  • Item 17 Attachment 2
  • Item 17 Attachment 3
  • Item 17 Attachment 4
  • Item 17 Attachment 5 (Updated 03-Nov-2010)

***PUBLIC HEARING***

Public Hearings on the following agenda items will commence no earlier than 11 a.m. on Tuesday, November 9, 2010. The Public Hearings will be held as close to 11 a.m. as the business of the State Board permits.

Item 18

Subject:  Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Request of Barack Obama Middle School, which was denied by the Compton Unified School District and the Los Angeles County Board of Education.

Type of Action:  Action, Information

***END OF PUBLIC HEARING***


Item 19

Subject:  Elementary and Secondary Education Act: Performance Objectives Presented by the State Trustee for the Alisal Union Elementary School District for State Board of Education Approval.

Type of Action:  Action, Information


Item 20

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


Item 21

Subject:  Elementary and Secondary Education Act: Recommended Options for Round Valley Unified School District: Identify Potential Trustees and Define Issues, Budget Control, and Any Decision-making Authorities that Are Impeding Student Academic Progress; or Appoint an Independent Trustee with Full Authority for Round Valley Unified School District.

Type of Action:  Action, Information

  • Item 21 Addendum

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 General

Subject: Request by Los Angeles Unified School District for Ivy Academia 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 (2 tracks; 177 days one track grades K–8);178 days one track grades 9–12).

Waiver Number: 6-8-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)

  • Item WC-1 Attachment 1
  • Item WC-1 Attachment 2

Charter School Program (Reduced Charter Year by Five Days or Less)

Item WC-2 General

Subject: Request by West Sonoma County Union High School District to waive California Code of Regulations, Title 5, Section 11960(b) to allow the Russian River Charter School to reduce the charter school year to less than 175 days without a fiscal penalty.

Waiver Number: 23-8-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)

  • Item WC-2 Attachment 1

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

Item WC-3 Federal

Subject: Request by Carpinteria Unified School District for Carpinteria 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-573-2010

(Recommended for APPROVAL)

  • Item WC-3 Attachment 1

Item WC-4 Federal

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

Waiver Number: Fed-436-2010

(Recommended for APPROVAL)

  • Item WC-4 Attachment 1

Item WC-5 Federal

Subject: Request by Warner Unified School District for Warner 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-571-2010

(Recommended for APPROVAL)

  • Item WC-5 Attachment 1

Item WC-6 Federal

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

Waiver Number: Fed-567-2010

(Recommended for APPROVAL)

  • Item WC-6 Attachment 1

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

Item WC-7 Specific

Subject: Request by Oakland Charter High School under the authority of California Education Code Section 47612.6(a) to waive Education Code Section 47612.5 (c) the audit penalty for offering less instructional time in the 2008-09 fiscal year for students in grades nine through eleven (shortfall of 2,640 minutes) (Revision of waiver number 11-4-2010-W-12).

Waiver Number: 16-8-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)

  • Item WC-7 Attachment 1
  • Item WC-7 Attachment 2
  • Item WC-7 Attachment 4

Instructional Time Requirement Audit Penalty (Fallen Below 180 Days)

Item WC-8 Specific

Subject: Request by Napa Valley Unified School District under the authority of California Education Code Section 46200 to waive Education Code Section 46206(c) audit penalty for offering less instructional time in the 2008-09 fiscal year at Alta Heights Elementary School, for students in grades four and five (shortfall of three days).

Waiver Number: 23-7-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)

  • Item WC-8 Attachment 1

Item WC-9 Specific

Subject: Request by Pasadena Unified School District under the authority of California Education Code Section 46206(a) to waive Education Code Section 46200(c) audit penalty for offering less instructional time in the 2007-08 fiscal year at John Muir High School for students in grades nine through twelve (shortfall of two days).

Waiver Number: 30-7-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item WC-9 Attachment 1

School District Reorganization (60 day Requirement to Fill Board Vacancy)

Item WC-10 General

Subject: Request by Junction Elementary School District to waive portions of California Education Code Section 5091, which will allow the board of trustees to make a provisional appointment to a vacant board position past the 60-day statutory deadline.

Waiver Number: 10-8-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL)

  • Item WC-10 Attachment 1
  • Item WC-10 Attachment 2

Schoolsite Council Statute (Shared Schoolsite Council)

Item WC-11 Specific

Subject: Request by Golden Feather 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, Concow Elementary and Golden Feather Community Day School.

Waiver Number: 39-6-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item WC-11 Attachment 1

Item WC-12 Specific

Subject: Request by Lassen View Union 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 small schools, Lassen View Elementary School and Lassen View Community Day School.

Waiver Number: 3-9-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)

  • Item WC-12 Attachment 1

Special Education Program (Algebra I Requirement for Graduation)

Item WC-13 Specific

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

Waiver Number: 22-7-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)

  • Item WC-13 Attachment 1

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

Item WC-14 General

Subject: Request by Clovis 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 Roland Hendrix to continue to provide services to students under a remediation plan to complete those minimum qualifications.

Waiver Number: 25-8-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)

  • Item WC-14 Attachment 1

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

Item WC-15 General

Subject: Request by San Mateo County Special Educational Local Plan Agency under the authority of California Education Code Section 56101 to waive Education Code Section 56366.1(h), the August 1 through October 31 timeline on annual certification renewal application for Sand Paths Academy, a Nonpublic School.

Waiver Number: 29-7-2010

(Recommended for APPROVAL)

  • Item WC-15 Attachment 1

State Testing Apportionment Report (CAHSEE and STAR)

Item WC-16 General

Subject: Request by three local educational agencies to waive the State Testing Apportionment Information Report and Certification deadline of December 31 in the California Code of Regulations, 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: 27-7-2010, 8-8-2010, and 29-8-2010

(Recommended for APPROVAL)

  • Item WC-16 Attachment 1
  • Item WC-16 Attachment 2
  • Item WC-16 Attachment 4
  • Item WC-16 Attachment 7

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

Subject: Request by eight 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: 4-9-2010, 5-9-2010, 18-8-2010, 28-7-2010, 11-8-2010, 8-7-2010, 5-7-2010, and 6-7-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-1 Attachment 1
  • Item W-1 Attachment 2
  • Item W-1 Attachment 3
  • Item W-1 Attachment 4
  • Item W-1 Attachment 5
  • Item W-1 Attachment 6
  • Item W-1 Attachment 7
  • Item W-1 Attachment 8
  • Item W-1 Attachment 9

Class Size Penalties (Over limit on Kindergarten)

Item W-2 Specific

Subject: Request by two districts, under the authority of California Education Code Section 41382, to waive portions of Education Code Section 41378 (a) through (e), relating to class size penalties for kindergarten. For kindergarten, the overall class size average is 31 to one with no class larger than 33. 

Waiver Numbers: 31-7-2010 and 2-7-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-2 Attachment 1
  • Item W-2 Attachment 2
  • Item W-2 Attachment 3

Class Size Penalties (Over limit on Kindergarten - Grade 3)

Item W-3 Specific

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 to three, the overall class size average is 30 to one with no class larger than 32.

Waiver Numbers: 26-7-2010, 4-7-2010, 22-8-2010, and 24-8-2010.

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-3 Attachment 1
  • Item W-3 Attachment 2
  • Item W-3 Attachment 3
  • Item W-3 Attachment 4
  • Item W-3 Attachment 5

Class Size Penalties (Over limit on Grade 1-3)

Item W-4 Specific

Subject: Request by six districts, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) relating to class size penalties for grade one through three. For grades one to three, the overall class size average is 30 to one with no class larger than 32.

Waiver Numbers: 50-6-2010, 1-6-2010, 31-5-2010, 36-5-2010, 3-7-2010, and 19-7-2010.

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-4 Attachment 1
  • Item W-4 Attachment 2
  • Item W-4 Attachment 3
  • Item W-4 Attachment 4
  • Item W-4 Attachment 5
  • Item W-4 Attachment 6
  • Item W-4 Attachment 7

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

Item W-5 General

Subject: Request by Oakley Union Elementary School District to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an overall average of 33 to one and the district requests to increase the maximum to 35 to one, prospectively, (2010-11 and 2011-12 fiscal years).

Waiver Number: 14-6-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-5 Attachment 1

Community Day Schools (CDS) (Collocate Facilities)

Item W-6 General

Subject: Request by Chaffey Joint Union High School District for a waiver of California Education Code Section 48661(a) to permit the collocation of the district community day school, on the same site with the Chaffey District Adult Education and Independent Studies Complex.

Waiver Number: 7-9-2010

(Recommended for APPROVAL)

  • Item W-6 Attachment 1

Item W-7 General

Subject: Request by Sacramento City Unified School District for a waiver of California Education Code Section 48661(a) to permit the collocation of Success Academy, a community day school, on the same site as Accelerated Academy, a satellite campus of Hiram Johnson High School.

Waiver Number: 8-9-2010

(Recommended for APPROVAL)

  • Item W-7 Attachment 1

Community Day Schools (CDS) (Commingle Grade Levels)

Item W-8 General

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

Waiver Number: 20-8-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-8 Attachment 1

Item W-9 General

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

Waiver Number: 13-9-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-9 Attachment 1

Item W-10 General

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

Waiver Number: 26-8-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-10 Attachment 1
  • Item W-10 Attachment 2

Item W-11 General

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

Waiver Number: 15-9-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-11 Attachment 1

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-12 General

Subject: Request by Golden Plains 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 their class sizes by an average of five students per class by the end of the 2010–11 school year at San Joaquin Elementary School (requesting 24.3:1 student ratio on average in grade four, and 17.7:1 student ratio on average for grade eight).

Waiver Number: 12-9-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-12 Attachment 1
  • Item W-12 Attachment 2

Item W-13 General

Subject: Request by Mendota Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce their class sizes by an average of five students per class by the end of the 2010–11 school year at McCabe Elementary School (requesting 25:1 ratio on average in grade six).

Waiver Number: 47-6-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-13 Attachment 1

Schoolsite Council Statute (Shared Schoolsite Council)

Item W-14 Specific

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

Waiver Number: 1-9-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-14 Attachment 1

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

Item W-15 Specific

Subject: Request by Big Valley Joint Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council with a reduced number and composition to function for two small schools: Big Valley Elementary School and Big Valley Jr./Senior High School.

Waiver Number: 19-8-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-15 Attachment 1

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

Item W-16 General

Subject: Request by Butte County Office of Education for a renewal 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 Paula Beehner, Georgia Hagler, and Elayne Reischman to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Number: 1-8-2010, 2-8-2010, and 4-8-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-16 Attachment 1
  • Item W-16 Attachment 2
  • Item W-16 Attachment 3

Item W-17 General

Subject: Request by Butte 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 Serena Smith to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Number: 3-8-2010

(Recommended for DENIAL)

  • Item W-17 Attachment 1

Item W-18 General

Subject: Request by Dinuba Unified School District for a renewal 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 Rosa Velasco and Eva Martinez to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Numbers: 24-7-2010 and 25-7-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-18 Attachment 1
  • Item W-18 Attachment 2

Item W-19 General

Subject: Request by Elk Grove 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 Maria Klemm, Cara Felix, and Stephanie Rexroth to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Numbers: 57-3-2010, 58-3-2010, and 59-3-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-19 Attachment 1
  • Item W-19 Attachment 2
  • Item W-19 Attachment 3

Item W-20 General

Subject: Request by Escondido Union School District for a renewal 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 Leea Aguirre to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Number: 9-8-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-20 Attachment 1

Item W-21 General

Subject: Request by Shasta County Office of Education for a renewal 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 Tam Balkow, Denise Richardson, and Zebediah Rinesmith to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Numbers: 12-8-2010, 14-8-2010, and 15-8-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-21 Attachment 1
  • Item W-21 Attachment 2
  • Item W-21 Attachment 3

Special Education Program (Resource Teacher Caseload)

Item W-22 Specific

Subject: Request by Greenfield 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 four students (32 maximum). Dr. Bertie Ortiz is assigned at Cesar Chavez Elementary School, Oak Avenue School, and Greenfield Elementary School.

Waiver Number: 2-9-2010

(Recommended for APPROVAL WITH CONDITIONS)

  • Item W-22 Attachment 1

Charter School Program (Attendance Accounting for Multi-Track)

Item W-23 General

Subject: Request by Alameda County Office of Education for Families of Alameda for Multi-Cultural/Multi-Lingual Education (FAME) Public Charter School to waive California Code of Regulations (CCR) Title 5, Section 11960(a), to allow the charter school attendance to be calculated as if it were a regular multi-track school for the 2006-07 fiscal year.

Waiver Number: 28-3-2008

(Recommended for DENIAL)


Item 22

Subject:  Approval of 2010–11 Consolidated Applications.

Type of Action:  Action, Information


Item 23

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

Type of Action:  Action, Information


Item 24

Subject:  Elementary and Secondary Education Act: Supplemental Educational Services Providers: Removal from the 2008–2010, 2009–2011, and 2010–2012 Approved Lists for Failure to Submit the 2009–2010 Supplemental Educational Services Accountability Report.

Type of Action:  Action, Information


Item 25

Subject:  Standardized Testing and Reporting Program: Release of the 10 Percent of Funds Withheld for 2009–10 Educational Testing Service Contract.

Type of Action:  Action, Information


Item 26

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, School Improvement Grant, Title III Monitoring Response, Review of 29 Local Educational Agencies in Program Improvement Corrective Action (Cohort 3) Revised Local Educational Agency Plans, Title I Monitoring Review, and the California Striving Readers Comprehensive Literacy Program.

Type of Action:  Action, Information

  • Item 26 Attachment 1
  • Item 26 Attachment 2
  • Item 26 Attachment 3
  • Item 26 Attachment 4
  • Item 26 Attachment 5

***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, November 1, 2022
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