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Agenda--July 13-14, 2011

Agenda and other related materials for the California State Board of Education (SBE) meeting to be held on July 13-14, 2011.
State Board Members

Michael W. Kirst, President
Trish Williams, Vice President

James Aschwanden
Yvonne Chan
Carl Cohn
Aida Molina
James C. Ramos
Patricia A. Rucker
Ilene W. Straus

Secretary & Executive Officer

Hon. Tom Torlakson

Executive Director

Susan K. Burr

Schedule of Meeting Location

Wednesday, July 13, 2011
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 95814
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
  • Doe, Jane, and Jason Roe v. State of California, Tom Torlakson, The California Department of Education, The State Board of Education, Los Angeles Superior Court, Case No. BC445151
  • Emma C., et al. v. Delaine Eastin, et al., United States District Court, Northern District of California, Case No. C 96 4179
  • EMS-BP, LLC, Options for Youth Burbank, Inc. et al. v. California Department of Education, et al., Sacramento County Superior Court, Case No. 03CS01078 / 03CS01079 and related appeal
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C 05 4077 MMC
  • Opportunity for Learning – PB, LLC; Opportunities for Learning – C, LLC, and Opportunities for Learning WSH, LLC Notice of Appeal Before the Education Audit Appeals Panel
  • Options for Youth, et al., v. California Department of Education, et al., Los Angeles Superior Court Case No. BC 347454
  • Options of Youth, - Burbank, Inc., San Gabriel, Inc., Upland, Inc., and Victor Valley  Notice of Appeal Before the Education Audit Appeals Panel, OAH #2006100966
  • Perris Union High School District v. California State Board of Education, California Department of Education, et al., Riverside Superior Court Case No. RIC520862
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • Reed v. State of California, Los Angeles Unified School District, State Superintendent of Public Instruction, Jack O’Connell, California Department of Education, and State Board of Education, et al., Los Angeles Superior Court, Case No. BC432420
  • Rocklin Unified School District v. California State Board of Education, Sacramento County Superior Court, Case No. 34-2009-80000220
  • Today’s Fresh Start, Inc., v. Los Angeles County Office of Education, et al., Los Angeles County Superior Court, Case No. BS112656
  • Valenzuela, et al., v. Jack O’Connell, et al., Alameda Superior Court, Case No. JCCP 4468
  • Case Name Unspecified: Disclosure of case names would jeopardize existing settlement negotiations

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, July 13, 2011
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 95814
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, July 14, 2011
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 95814
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.

Schedule of Meeting Location

Thursday, July 14, 2011
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 95814
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

July 13, 2011

Wednesday, July 13, 2011 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held) 

California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

Call to Order

Salute to the Flag

Closed Session

Communications

Announcements

REPORT OF THE STATE SUPERINTENDENT

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

AGENDA ITEMS

Item 1 (DOC; 83KB; 5pp.)

California Department of Education staff prepared Item 1 and Attachments 1 through 3 for consideration by the State Board of Education.

Subject: Parent Empowerment — Approve Commencement of a Third 15-day Public Comment Period for Proposed Changes to the California Code of Regulations, Title 5, Sections 4800–4808.

Type of Action:  Action, Information 

State Board of Education (SBE) staff prepared Item 1 Addendum and Item 1 Addendum Attachment 1, which include SBE staff’s recommendations of the parent empowerment proposed regulations based on direction provided by SBE leadership for SBE consideration.

Item 2 (DOC; 77KB; 3pp.)

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 3 (DOC; 106KB; 10pp.)

Subject:  Elementary and Secondary Education Act: School Improvement Grant: Approval of Renewal of Funding for Year 2 of Cohort 1 Fiscal Year 2009 Local Educational Agencies and Schools for the Sub-Grants Under Section 1003(g).

Type of Action:  Action, Information

Item 4 (DOC; 1.3MB; 5pp.)

Subject: Elementary and Secondary Education Act: Request a Waiver Under Title I, Part A Section 9401 to Carry Over 100 Percent of the Fiscal Year 2010 School Improvement Grant Allocation.

Type of Action:  Action, Information

Item 5 (DOC; 157KB; 14pp.)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional Providers to the 2011-13 State Board of Education-Approved Supplemental Educational Services Provider List.

Type of Action:  Action, Information

Item 6 (DOC; 102KB; 10pp.)

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

Type of Action:  Action, Information

Item 7 (DOC; 1.5MB; 34pp.)

Subject:  California English Language Development Test Program: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, sections 11510 Through 11517.5.

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 the Education Code or in the California Code of Regulations, Title 5.

Charter School Program (Attendance Accounting for Multi-Track)

Item WC-1 General (DOC; 78KB; 4pp.)

Subject: Request by Moorpark Unified School District for IvyTech 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 (3 tracks; 175 days).

Waiver Number: 21-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

Charter School Program (Pupil Teacher Ratio)

Item WC-2 General (DOC; 77KB; 3pp.)

Subject: Request by Capistrano Unified School District to waive portions of California Education Code Section 51745.6, and California Code of Regulations, Title 5, Section 11704, and portions of Section 11963.4(a)(3), related to charter school independent study pupil-to-teacher ratios to allow an increase from 25:1 to a 27.5:1 pupil-to-teacher ratio at Capistrano Connections Academy Charter School.

Waiver Number: 31-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item WC-3 Federal (DOC; 66KB; 2pp.)

Subject: Request by Fort Bragg Unified School District for Fort Bragg 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-61-2011

(Recommended for APPROVAL)

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

Item WC-4 Federal (DOC; 68KB; 2pp.)

Subject: Request by Shoreline Unified School District for Tomales 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-62-2011

(Recommended for APPROVAL)

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

Item WC-5 Federal (DOC; 68KB; 2pp.)

Subject: Request by Sutter Union High School District for Sutter Union 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-60-2011

(Recommended for APPROVAL)

Other Waivers (Other Waivers)

Item WC-6 General (DOC; 76KB; 3pp.)

Subject: Request by Rescue Union Elementary School District to waive a portion of California Education Code Section 37223, which relates to weekend makeup classes.

Waiver Number: 20-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

PETITION

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

Subject: Petition request under California Education Code sections 60421(d) and 60200(g) for a renewal petition by Poway Unified School District to purchase specified non-adopted instructional materials for severely disabled children using Instructional Materials Funding Realignment Program monies.

Waiver Number: 58-4-2011

(Recommended for APPROVAL)

School Construction Bonds (Bond Indebtedness Limit - Non-Unified)

Item WC-8 General (DOC; 81KB; 3pp.)

Subject: Request by Moreland Elementary School District to waive California Education Code sections 15102 and 15268 to allow the district to exceed its bonded indebtedness limit of 1.25 percent of the taxable assessed value of property. (Requesting 1.57 percent)

Waiver Number: 5-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

School District Reorganization (Lapsation of a Small District)

Item WC-9 General (DOC; 85KB; 4pp.)

Subject: Request by La Grange Elementary School District to waive portions of California Education Code Section 35786 in its entirety, which requires a lapsation to be effective on the date of the lapsation order, and a portion of Education Code Section 35782, which requires a public hearing on lapsation to be conducted within 30 days of the close of the school year.

Waiver Number: 10-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Shared Schoolsite Council)

Item WC-10 Specific (DOC; 68KB; 2pp.)

Subject: Request by Jamestown Elementary School District under the authority of California Education Code Section 52863 for a waiver of Education Code 52852, allowing one joint schoolsite council to function for two small schools: Chinese Camp Elementary School and Jamestown Elementary School.

Waiver Number: 22-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Shared Schoolsite Council)

Item WC-11 Specific (DOC; 65KB; 2pp.)

Subject: Request by Alview-Dairyland 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 rural schools: Alview Elementary School and Dairyland Elementary School.

Waiver Number: 49-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Shared Schoolsite Council)

Item WC-12 Specific (DOC; 69KB; 2pp.)

Subject: Request by Terra Bella Union Elementary School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, allowing one schoolsite council to function for two schools: Terra Bella Elementary School and Carl F. Smith Middle School.

Waiver Number: 19-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item WC-13 Specific (DOC; 71KB; 3pp.)

Subject: Request by Madera County Office of Education under the authority of California Education Code Section 52863 for a waiver renewal of Education Code Section 52852, allowing three schoolsite councils to function for its small schools. The first schoolsite council would serve Challenger Elementary Community Day School and Discovery Secondary Community Day School. The second schoolsite council would serve Apollo Elementary Community Day School, Enterprise Intermediate School, Enterprise Secondary School, Endeavor Secondary School, and Voyager Secondary School. The third schoolsite council would serve Madera County Independent Academy and Pioneer Technical Charter School.

Waiver Number: 32-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item WC-14 Specific (DOC; 67KB; 2pp.)

Subject: Request by Pleasanton Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2010–11 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for one special education student based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 18-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item WC-15 Specific (DOC; 65KB; 2pp.)

Subject: Request by West Orange County Special Education Local Plan Area under authority of California Education Code Section 56101 to waive Education Code Section 56366.1(h), the August through October 31 timeline for an annual certification renewal application, for Speech and Language Professional Services, a nonpublic agency.

Waiver Number: 31-5-2011

(Recommended for APPROVAL)

Special Education Program (Resource Teacher Caseload)

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

Subject: Request by Santa Rita Union Elementary School District under 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). Summer Prather is assigned to McKinnon Elementary School.

Waiver Number: 23-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

State Testing Apportionment Report (CAHSEE)

Item WC-17 General (DOC; 86KB; 4pp.)

Subject: Request by nine local educational agencies to waive the State Testing Apportionment Information Report deadline of December 31 in the California Code of Regulations, Title 5, Section 11517.5(b)(1)(A) regarding the California English Language Development Test; or Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination; or Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program.

Waiver Numbers: 11-3-2011, 19-4-2011, 27-3-2011, 28-4-2011, 35-3-2011, 38-3-2011, 41-4-2011, 114-1-2011, 203-12-2010.

(Recommended for APPROVAL)

NON-CONSENT (ACTION)

The following agenda items include waivers that CDE staff has identified as potentially having opposition, recommended for denial, or presenting new or unusual issues that should be considered by the State Board. On a case-by-case basis, public testimony may be considered regarding the item, subject to the limits set by the Board President or by the President's designee; and action different from that recommended by CDE staff may be taken.

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

Item W-1 General (DOC; 78KB; 3pp.)

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: 3-4-2011, 25-4-2011, 9-5-2011, 32-4-2011, 4‑5‑2011, 55-4-2011, 17-4-2011, and 86-2-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-2 Specific (DOC; 75KB; 3pp.)

Subject: Request by three districts, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) and 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, the overall class size average is 31 to one with no class larger than 33. For grades one through three, the overall class size average is 30 to one with no class larger than 32.

Waiver Numbers: 26-4-2011, 3-5-2011 and 27-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

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

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

Waiver Number: 7-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

Equity Length of Time (Equity Length of Time)

Item W-4 General (DOC; 78KB; 3pp.)

Subject: Request by Tustin Unified School District to waive Education Code Section 37202, the equity length of time requirement for A. G. Currie Middle School (due to a longer day for intervention).

Waiver Number: 1-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

School District Reorganization (Elimination of Election Requirement)

Item W-5 General (DOC; 74KB; 3pp.)

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

Waiver Number: 140-1-2011

(Recommended for APPROVAL)

School District Reorganization (Lapsation of a Small District)

Item W-6 General (DOC; 84KB; 4pp.)

Subject: Request by Santa Barbara County Office of Education to waive portions of California Education Code sections 35576, 35782, and 35784 to allow removal of required timelines for the lapsation of a district and to provide a more equitable allocation of existing bonded indebtedness after lapsation.

Waiver Number: 14-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

School District Reorganization (Size of Governing Board)

Item W-7 General (DOC; 76KB; 4pp.)

Subject: Request by Bass Lake Joint Union Elementary District to waive California Education Code Section 5020 that requires a district-wide election to reduce the number of governing board members from seven to five.

Waiver Number: 29-4-2011

(Recommended for APPROVAL)

Schoolsite Council Statute (Number and Composition of Members)

Item W-8 Specific (DOC; 63KB; 2pp.)

Subject: Request by Bend 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 rural school, Bend Elementary School.

Waiver Number: 6-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Number and Composition of Members)

Item W-9 Specific (DOC; 64KB; 2pp.)

Subject: Request by Taft Union High 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, Buena Vista Continuation High School.

Waiver Number: 64-2-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-10 Specific (DOC; 68KB; 3pp.)

Subject: Request by Gerber Union Elementary School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint school site council with a reduced number and composition to function for two small schools: Gerber Union Elementary School and Gerber Community Day School.

Waiver Number: 46-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item W-11 Specific (DOC; 69KB; 2pp.)

Subject: Request by Hayward Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2010-11 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for three special education students based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 11-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item W-12 Specific (DOC; 68KB; 2pp.)

Subject: Request by Manteca Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2010-11 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for one special education student based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 10-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-13 General (DOC; 98KB; 6pp.)

Subject: Request by Imperial 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 Alejandra Larios Ramirez to continue to provide services to students until June 30, 2012, under a remediation plan to complete those minimum requirements.

Waiver Number: 56-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-14 General (DOC; 134KB; 9pp.)

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 Christina Coburn, Diana Davis, Aleah Nishizaki, Barbara Wolf, and Sarah Wood to continue to provide services to students until June 30, 2012, under a remediation plan to complete those minimum qualifications.

Waiver Numbers: 45-4-2011, 46-4-2011, 47-4-2011, 49-4-2011, and 50-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-15 General (DOC; 69KB; 2pp.)

Subject: Request by Mariposa County Office of Education to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.

Waiver Number: 16-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Use of Funds for Low Incidence Disabilities)

Item W-16 Specific (DOC; 67KB; 3pp.)

Subject: Request by East Valley, Fontana Unified, and San Bernardino City Unified Special Education Local Plan Areas under authority of California Education Code Section 56101 for a renewal to waive Education Code Section 56836.22(d) to allow ten percent of state low incidence funds to be utilized for the purchase of assistive technology/materials for assessment and trial use prior to purchasing specific items for specific identified students.

Waiver Number: 1-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-17 General (DOC; 79KB; 4pp.)

Subject: Request by Coachella Valley 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 its class sizes by an average of five students per class by the end of the 2010–11 school year at Cahuilla Desert Academy and Toro Canyon Middle School (requesting 24.9 student ratio on average in core classes in grades seven and eight at Cahuilla Desert Academy and 24.6 at Toro Canyon Middle School).

Waiver Number: 23-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-18 General (DOC; 81KB; 4pp.)

Subject: Request by Compton 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 its class sizes by an average of five students per class by the end of the 2010–11 school year at McKinley Elementary School (requesting 25:1 ratio on average in core classes in grade five).

Waiver Number: 131-2-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-19 General (DOC; 80KB; 4pp.)

Subject: Request by Farmersville 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 its class sizes by an average of five students per class by the end of the 2010–11 school year at Snowden Elelmentary School, Freedom Elementary School, and Farmersville Junior High School (requesting 25:1 average in core classes in grades two through eight).

Waiver Number: 39-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-20 General (DOC; 79KB; 4pp.)

Subject: Request by King City Union 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 its class sizes by an average of five students per class by the end of the 2010-2011 school year at Del Rey Elementary School and Santa Lucia Elementary School (requesting waiver of all Quality Education Investment Act class size reduction requirements).

Waiver Number: 52-4-2011

(Recommended for DENIAL)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-21 General (DOC; 81KB; 4pp.)

Subject: Request by Taft City School District to waive California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at Lincoln Junior High School (requesting 23:1 ratio on average in core classes in grades six through eight, and 35:1 on average in non-core classes in grade six through eight).

Waiver Number: 53-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-22 General (DOC; 82KB; 4pp.)

Subject: Request by West Contra Costa 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 its class sizes by an average of five students per class by the end of the 2010–11 school year at John F. Kennedy High School (requesting 24.5:1, 24.4:1, 24:1, and 21:1 ratio on average in core classes in grades nine, ten, eleven, and twelve).

Waiver Number: 121-2-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-23 General (DOC; 80KB; 4pp.)

Subject: Request by West Contra Costa 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 its class sizes by an average of five students per class by the end of the 2010–11 school year at Helms Middle School (requesting 24.7:1 ratio on average in core classes in grade seven and 25:1 ratio in grade eight).

Waiver Number: 122-2-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-24 General (DOC; 80KB; 4pp.)

Request by San Diego Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce their class sizes by an average of five students per class by the end of the 2010–11 school year at Roosevelt International Baccalaureate Middle School (requesting 20.9:1 ratio on average in core classes in grade six, 20.7:1 in grade seven, and 21.1:1 for grade eight).

Waiver Number: 16-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Money to Follow Identified Students)

Item W-25 General (DOC; 75KB; 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 Carver Middle School and Los Angeles Academy Middle School to follow identified students who will be transferring to one new school, Central Region Middle School #7 to ensure that they will not lose the benefits of the Quality Education Investment Act.

Waiver Number: 34-10-2010

(Recommended for DENIAL)

Quality Education Investment Act (Money to Follow Identified Students)

Item W-26 General (DOC; 80KB; 4pp.)

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 San Fernando Middle School and Lincoln High School to follow identified students who will be transferring to San Fernando Institute of Applied Learning and Leadership in Entertainment and Media Arts to ensure that they will not lose the benefits of the Quality Education Investment Act.

Waiver Number: 71-10-2010

(Recommended for DENIAL)

Item 8 (DOC; 129KB; 6pp.)

Subject: Assignment of Numbers for Charter School Petitions.

Type of Action: Action, Information

Item 9 (DOC; 127KB; 4pp.)

Subject:  Approval of 2010-11 Consolidated Applications.

Type of Action:  Action, Information

Item 10 (DOC; 69KB; 5pp.)

Subject:  State Instructional Materials Fund – Approve Tentative Encumbrances and Allocations for Fiscal Year 2011-12.  

Type of Action:  Action, Information

Item 11 (DOC; 204KB; 7pp.)

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

Type of Action:  Action, Information

Item 12 (DOC; 621KB; 22pp.)

Subject:  School Accountability Report Card: Approval of the 2010–11 Template.

Type of Action:  Action, Information

Item 13 (DOC; 56KB; 1p.)

Subject:  PUBLIC COMMENT. 

Public Comment is invited on any matter not included on the printed agenda. Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations.

Type of Action:  Action, Information

***ADJOURNMENT OF DAY’S SESSION***

Public Session

July 14, 2011

Thursday, July 14, 2011 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held) 

California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

Call to Order

Salute to the Flag

Closed Session

Communications

Announcements

REPORT OF THE STATE SUPERINTENDENT

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

AGENDA ITEMS

Item 14 (DOC; 101KB; 12pp.)

Subject:  Update and Discussion on the Activities of the California Department of Education and State Board of Education Regarding Implementation of the Common Core State Standards.

Type of Action:  Action, Information

Item 15 (DOC; 70KB; 2pp.)

Subject: STATE BOARD PROJECTS AND PRIORITIES.

Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; Board policy; approval of minutes; Board liaison reports; training of Board members; and other matters of interest.

Type of Action:  Action, Information

Item 16 (DOC; 61KB; 3pp.)

Subject:  Review of Chronic Absence Data in Early Grades to Reduce the Number of California Dropouts.

Type of Action:  Action, Information

Item 17 (DOC; 10MB; 66pp.)

Subject:  Proposed Formation of the Bonsall Unified School District from the Bonsall Union School District and that Portion of the Fallbrook Union High School District in San Diego County.  

Type of Action:  Action, Information

***PUBLIC HEARINGS***

A Public Hearing on the following agenda items will commence no earlier than 1:00p.m. on Thursday, July 14, 2011. The Public Hearing will be held as close to 1:00 p.m. as the business of the State Board permits.

Item 18 (DOC; 82KB; 4pp.)

Subject: Kingsburg Elementary Charter School District: Consideration of Petition to Renew Districtwide Charter.

Type of Action:  Action, Information, Hearing

Item 19 (DOC; 69KB; 4pp.)

Subject:  California College, Career, and Technical Education Center: Consider Issuing a Notice of Violation Pursuant to Education Code Section 47607(d).

Type of Action:  Action, Information, Hearing

***END OF PUBLIC HEARINGS***

Item 20 (DOC; 802KB; 86pp.)

Subject:  Request for Proposals, Evaluation of California’s Public Charter Schools Grant Program, 2010-2015.

Type of Action:  Action, Information

Item 21 (DOC; 302KB; 49pp.)

Subject:  Charter Renewal: Approve Commencement of Third 15-Day Public Comment Period for Proposed Changes to the California Code of Regulations, Title 5, sections 11966.5, and 11967.

Type of Action:  Action, Information

Item 22 (DOC; 80KB; 5pp.)

Subject:  Charter Revocation and Revocation Appeals – Approve Commencement of a Third 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, sections 11965, 11968.1, 11968.5.1, 11968.5.2, 11968.5.3, 11968.5.4, 11968.5.5, and 11969.1 and Authorize a Request to the Office of Administrative Law for an Extension of the 120-Day Deadline to Resubmit the Rulemaking File.

Type of Action:  Action, Information

Item 23 (DOC; 154KB; 9pp.)

Subject:  Consideration of Requests for Determination of Funding Rates as Required for Nonclassroom-based Charter Schools for Ecademy California, Shenandoah Charter, William Finch Charter, Innovations Academy, and Charter School of San Diego.

Type of Action:  Action, Information

Item 24 (DOC; 202KB; 16pp.)

Subject: Consideration of Requests From Nonclassroom-based Charter Schools for “Reasonable Basis”/Mitigating Circumstances Changes in Funding Determinations Based on the California Code of Regulations, Title 5, Section 11963.4(e) for Academy of Personalized Learning, Golden Valley Virtual Charter, California Virtual Academy Los Angeles, Mark West Charter, Merced Scholars Charter, Mountain Peak Charter, Independence Charter and Sherman Thomas Charter.

Type of Action:  Action, Information

***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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