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SBE Agenda for March 2012

Agenda for the California State Board of Education (SBE) meeting to be held on March 7 and 8, 2012.
State Board Members

Michael W. Kirst, President
Trish Williams, Vice President

Carl Cohn
Aida Molina
James C. Ramos
Patricia A. Rucker
Ilene W. Straus
Caitlin Snell, Student Member
Vacancy
Vacancy
Vacancy

Secretary & Executive Officer 

Hon. Tom Torlakson

Executive Director

Susan K. Burr

Schedule of Meeting Location

Wednesday, March 7, 2012
8:30 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 8:30 a.m.; (2) may begin at or before 8:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30 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 County Superior Court, Case No. CPF-09-509568 CA Ct. of Appeal, 2nd Dist., Case No. A130721
  • California School Boards Association, et al. v. California State Board of Education and Aspire Public Schools, Inc., Alameda County Superior Court, Case No. 07353566, CA Ct. of Appeal, 1st Dist., Case No. A122485, CA Supreme Court, Case No. S186129
  • 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. 34-2008-00021188-CU-MC-GDS, CA Ct. of Appeal, 3rd Dist., Case No. No. C060957
  • 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., USDC (No.Dist.CA), 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 and 03CS01079 and related appeal
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C054077 MMC
  • Options for Youth-Victor Valley, et al. v. California Department of Education, et al., Los Angeles County Superior Court, Case No. BC347454
  • Options for Youth, Burbank, Inc., San Gabriel, Inc. Upland, Inc. and Victor Valley, Notice of Appeal Before the Education Audit Appeals Panel, OAH Case No. 2006100966
  • Opportunity for Learning – PB, LLC; Opportunities Learning – C, LLC, and Opportunities for Learning WSH, LLC, Notice of Appeal Before the Audit Appeals Panel
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • Perris Union High School District v. California State Board of Education, California Department of Education, et al., Riverside County Superior Court, Case No. RIC520862
  • 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 County Superior Court, Case No. BC432420, CA Ct. of Appeal, 2nd Dist., Case No. B230817,
    CA Supreme Ct., Case No. 5191256
  • Today’s Fresh Start, Inc. v. Los Angeles County Office of Education, et al., Los Angeles County Superior Court, Case No. BS112656, CA Ct. of Appeal, 2nd Dist., Case Nos. B212966

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 7, 2012
8:30 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, March 8, 2012
8:30 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 8:30 a.m.; (2) may begin at or before 8:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30 a.m.

Schedule of Meeting Location

Thursday, March 8, 2012
8:30 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

March 7, 2012

Wednesday, March 7, 2012 – 8:30 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; 72KB; 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; 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 2 (DOC; 130KB; 5pp.)

Subject: Instructional Quality Commission: Appointment of New Members.

Type of Action:  Action, Information

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

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

Type of Action:  Action, Information

Item 4 (DOC; 229KB; 12pp.)

Subject: Reauthorization of the Statewide Pupil Assessment System: Development of the State Superintendent of Public Instruction Recommendations.

Type of Action:  Action, Information

Item 5 (DOC; 699KB; 86pp.)

Subject: Supplemental Instructional Materials Review Aligned to the Common Core State Standards: Approval of Reviewers.

Type of Action:  Action, Information

Item 6 (DOC; 315KB; 14pp.)

Subject: Update on the Activities of the California Department of Education Regarding Development of the English Language Development Standards for California Public Schools, Kindergarten through Grade Twelve.

Type of Action:  Action, Information 

Item 7 (DOC; 2MB; 26pp.)

Subject: Elementary and Secondary Education Act: Discussion and Recommendation to Waive Selected Provisions of the Elementary and Secondary Education Act Pursuant to Section 9401.

Type of Action:  Action, Information

  • Item 7 Presentation (Posted 09-Mar-2012; PDF; 216KB; 9pp.)
    Presented by Fred Tempes, Director, Comprehensive School Assistance Program, of the California Comprehensive Center at the SBE Meeting on March 2012

Item 8 (DOC; 2MB; 22pp.)

Subject: Elementary and Secondary Education Act: (1) Supplemental Educational Services Providers: Approval of Providers to the 2012–14 State Board of Education-Approved Supplemental Educational Services Provider List and a Waiver Request Under Title I, Part A Section 9401 of the Elementary and Secondary Education Act for 2012–14; and (2) School Improvement Grant: Approval of California’s Fiscal Year 2011 Continuation Awards Only Funds for the School Improvement Grant authorized under the Elementary and Secondary Education Act Section 1003(g).

Type of Action:  Action, Information

Item 9 (DOC; 82KB; 2pp.)

Subject: Standardized Testing and Reporting Program: Amendment to Educational Testing Service Contract.

Type of Action:  Action, Information

Item 10 (DOC; 142KB; 15pp.)

Subject: California High School Exit Examination: Development of a Streamlined Waiver Policy for Waiving the California High School Exit Examination Requirement for Students with Disabilities.

Type of Action:  Action, Information

Item 11 (DOC; 2MB; 12pp.)

Subject:  Administration of Epilepsy Medication—Approve the Finding of Emergency and Proposed Emergency Regulations for Additions to the California Code of Regulations, Title 5, Sections 620–627.

Type of Action:  Action, Information

Item 12 (DOC; 2MB; 17pp.)

Subject:  Administration of Epilepsy Medication—Approve Commencement of the Rulemaking Process for Additions to the California Code of Regulations, Title 5, Sections 620–627.

Type of Action:  Action, Information

Item 13 (DOC; 57KB; 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 

*** ADJOURNMENT OF DAY’S SESSION ***

Public Session

March 8, 2012

Thursday, March 8, 2012 – 8:30 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

*** PUBLIC HEARINGS ***

Public Hearings on the following agenda items will commence no earlier than 8:30a.m. on Thursday, March 8, 2012. The Public Hearings will be held as close to 8:30 a.m. or upon adjournment of Closed Session if held, as the business of the State Board permits.

Item 14 (DOC; 48KB; 3pp.)

Subject: Dixon Montessori Charter School: Hold a Public Hearing to Consider a Material Revision of the Charter to Increase Enrollment.

Type of Action:  Action, Information, Hearing

Item 15 (DOC; 69KB; 3pp.)

Subject: Western Sierra Collegiate Academy: Hold a Public Hearing to Consider a Material Revision of the Charter to Expand Grade Levels Served and Amend Graduation Requirements.

Type of Action: Action, Information, Hearing

Item 16 (DOC; 183KB; 20pp.)

Subject: Long Valley Charter School: Consider Issuing a Notice of Violation Pursuant to California Education Code Section 47607(d).

Type of Action:  Action, Information, Hearing

Item 17 (DOC; 111KB; 9pp.)

Subject:  Recommendations Regarding Revocation of Charter Schools Identified Pursuant to California Education Code Section 47604.5 and California Code of Regulations, Title 5, Section 11968.5.

Type of Action:  Action, Information, Hearing

*** END OF PUBLIC HEARINGS ***

*** WAIVERS ***

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; 81KB; 4pp.)

Subject: Request by Escondido Union High School District for Heritage Charter to waive portions of 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; 175 to 177 days).

Waiver Number: 51-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

Charter School Program (Attendance Accounting for Multi-Track)

Item W-2 (DOC; 91KB; 5pp.)

Subject: Request by three school districts to waive portions of California Code of Regulations, Title 5, Section 11960(a), to allow attendance at their charter schools to be calculated as if they were regular multi-track schools.

Waiver Numbers:

  • Lakeside Union 84-12-2011
  • Los Angeles Unified 67-12-2011
  • San Bernardino City Unified 26-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

Charter School Program (Attendance Accounting for Multi-Track)

Item W-3 (DOC; 82KB; 5pp.)

Subject: Request by two county offices of education and seven school districts to waive portions of 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 (5 tracks; 175 days).

Waiver Numbers:

  • Antelope Valley Union High 11-1-2012
  • Dehesa Elementary 12-1-2012
  • Fresno County Office of Education 10-1-2012
  • Julian Union Elementary 13-1-2012
  • Palmdale Elementary 7-1-2012
  • Stone Corral Elementary 8-1-2012
  • Ventura County Office of Education 33-8-2011
  • Westside Elementary 9-1-2012
  • William S. Hart Unified High 14-1-2012

(Recommended for APPROVAL WITH CONDITIONS)

Open Enrollment (Removal From the List of LEAs)

Item W-4 (DOC; 91KB; 5pp.)

Subject: Request by 17 local educational agencies to waive California Education Code Section 48352(a) and California Code of Regulations Title 5, Section 4701 to remove their schools from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.

Waiver Number: List of schools attached

Open Enrollment (Removal From the List of LEAs)

Item W-5 (DOC; 86KB; 4pp.)

Subject: Request by nine local educational agencies to waive California Education Code Section 48352(a) and California Code of Regulations Title 5, Section 4701 to remove their schools from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.

Waiver Number: List of schools attached

(Recommended for APPROVAL WITH CONDITIONS)

Physical Education Program (Block Schedules)

Item W-6 (DOC; 82KB; 4pp.)

Subject: Request by Santa Barbara Unified School District for a renewal to waive portions of California Education Code Section 51222(a), the statutory minimum of 400 minutes of physical education required each ten days for students in grades seven  through twelve in order to implement a block schedule at San Marcos High School.

Waiver Number: 32-12-2011

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

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

Item W-7 (DOC; 67KB; 2pp.)

Subject: Request by Willits Unified School District for Willits 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-71-2011

(Recommended for APPROVAL)

Special Education Program (Algebra I Requirement for Graduation)

Item W-8 (DOC; 70KB; 2pp.)

Subject: Request by Menifee Union Elementary School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2011-12 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for two special education student based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 12-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Resource Teacher Caseload)

Item W-9 (DOC; 72KB; 3pp.)

Subject: Request by two local education agencies, 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). Approval of this waiver will allow the district’s resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Numbers:

  • Sierra Sands Unified School District 1-11-2011
  • South Monterey County Joint Union 36-10-2011

(Recommended for APPROVAL WITH CONDITIONS)

State Testing Apportionment Report (CELDT)

Item W-10 (DOC; 73KB; 3pp.)

Subject: Request by San Juan Unified School District to waive the State Testing Apportionment Information Report and 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.

Waiver Number: 14-11-2011

(Recommended for APPROVAL)

Instructional Materials Funding Realignment Program (IMFRP) (Purchasing Order and Timelines)

Item W-11 (DOC; 71KB; 3pp.)

Subject: Request by Tehama County Office of Education under the authority of California Education Code Section 41344.3 to waive Education Code Section 60119 and the resulting audit penalty of $6,306 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for fiscal year 2010–11. Tehama County Office of Education held its hearing on June 29, 2011 rather than within eight weeks from the start of the school year.

Waiver Number: 33-11-2011

(Recommended for APPROVAL)

Out-of-State Use of Funds and Transportation Allowances

Item W-12 (DOC; 74KB; 3pp.)

Subject: Request by Johnstonville 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 and Nevada to attend curricular and extracurricular trips/events and competitions.

Waiver Number: 56-12-2011

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

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

Item W-13 (DOC; 67KB; 2pp.)

Subject: Request by Santee Elementary School District for a renewal to waive portions of California Education Code sections 17455, 17466, 17472, and 17475 and all of 17473 and 17474, specific statutory provisions for the lease of surplus property. Approval of the waiver would allow the District to lease a piece of property using a “request for proposal process”, thereby maximizing the proceeds from the lease of the former Santee School site (now unused property, buildings on the site have been demolished).

Waiver Number: 64-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

School Construction Bonds (Bond Indebtedness Limit - Unified after 2000)

Item W-14 (DOC; 76KB; 3pp.)

Subject: Request by three districts to waive one or more of the following California Education Code sections related to bonded indebtedness limits: Sections 15102, 15106, 15268, and 15270(a). Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for high school and elementary school districts or 2.5 percent for unified school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for high school and elementary school districts or $60 per $100,000 for unified districts, may also apply.

Waiver Numbers:

  • Hawthorne School District 29-10-2011
  • Folsom Cordova Unified School District 79-12-2011
  • Folsom Cordova Unified School District 80-12-2011
  • San Ysidro Elementary District 62-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

School Construction Bonds (Citizens Oversight Committee - Term Limits)

Item W-15 (DOC; 68KB; 2pp.)

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

Waiver Number: 7-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

School District Reorganization (Elimination of Election Requirement)

Item W-16 (DOC; 75KB; 3pp.)

Subject: Request by nine districts 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 Numbers:

  • Alta Vista Elementary 40-12-2011
  • Armona Union Elementary 37-11-2011
  • Escondido Union 25-12-2011
  • Los Banos Unified 33-12-2011
  • San Jacinto Unified 50-12-2011
  • Selma Unified 77-12-2011
  • Sundale Union Elementary 8-11-2011
  • Turlock Unified 73-12-2011
  • Woodland Joint Unified 42-12-2011

(Recommended for APPROVAL)

School District Reorganization (Elimination of Election Requirement)

Item W-17 (DOC; 72KB; 3pp.)

Subject: Request by two districts 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 Numbers:

  • Livingston Union Elementary 9-12-2011
  • Perris Union High 10-12-2011

(Recommended for APPROVAL)

School District Reorganization (Lapsation of a Small District)

Item W-18 (DOC; 85KB; 4pp.)

Subject: Request by Bend Elementary School District to waive California Education Code Section 35786 and portions of Education Code sections 35534, 35780, and 35782, regarding district lapsation and date of effectiveness of lapsation.

Waiver Number: 60-10-2011

(Recommended for APPROVAL)

School District Reorganization (Size of Governing Board)

Item W-19 (DOC; 79KB; 3pp.)

Subject: Request by Sonoma County Office of Education to waive California Education Code Section1004 that requires an election to reduce the number of governing board members from seven to five.

Waiver Number: 1-12-2011

(Recommended for APPROVAL)

Schoolsite Council Statute (Shared Schoolsite Council)

Item W-20 (DOC; 90KB; 5pp.)

Subject: Request by eleven local educational agencies under the authority of California Education Code Section 52863 for waivers of Education Code Section 52852, relating to schoolsite councils regarding changes in shared, composition, or shared and composition members.

Waiver Numbers:

  • Big Lagoon Union Elementary 11-12-2011
  • Caliente Union Elementary 35-11-2011
  • Caruthers Unified 36-11-2011
  • Fontana Unified 2-11-2011
  • Fontana Unified 3-11-2011
  • French Gulch-Whiskeytown Elementary 59-12-2011
  • Happy Camp Union Elementary 57-12-2011
  • Los Angeles County Office of Education 6-11-2011
  • Maple Creek Elementary 74-12-2011
  • Mountain Valley Unified 35-12-2011
  • Mountain Valley Unified 36-12-2011
  • Peninsula Union 75-12-2011
  • San Diego County Office of Education 52-12-2011
  • San Diego County Office of Education 53-12-2011
  • San Diego County Office of Education 54-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-21 (DOC; 72KB; 3pp.)

Subject Request by two local educational agencies 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 two educational interpreters to continue to provide services to students until June 30, 2012, under a remediation plan to complete those minimum qualifications.

Waiver Numbers:

  • Kings County Office of Education 7-11-2011
  • Imperial County Office of Education 34-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-22 (DOC; 70KB; 3pp.)

Subject: Request by Kings 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 Amanda Edmondson to continue to provide services to students until June 30, 2012, under a remediation plan to complete those minimum qualifications.

Waiver Number: 9-11-2011

(Recommended for DENIAL)

Other Waivers (COE Superintendent - Administrative Credential)

Item W-23 -- Waiver Withdrawn by the Santa Clara County Office of Education

Subject: Request by Santa Clara County Office of Education to waive Education Code sections 1206 and 1208, the requirement that a county superintendent must possess an administrative credential as a condition of holding the superintendent position.

Waiver Number: 46-12-2011

(Recommended for DENIAL)

Principal Evaluation and Assessment (Extend Timeline of Evaluation)

Item W-24 (DOC; 67KB; 3pp.)

Subject: Request by Westminster School District to waive California Education Code Section 44663(b) evaluation dates of June 30 and July 30 for non-instructional certificated employees so that Standardized Testing and Reporting test results for the year may be included in the evaluation criteria for those management employees.

Waiver Number: 63-12-2011

(Recommended for DENIAL)

Academic Performance Index (API) Score Waiver (Test Takers Less Than 85 Percent)

Item W-25 (DOC; 78KB; 3pp.)

Subject: Request by Stockton Unified School District to waive a portion of California Code of Regulations, Title 5, Section 1032(d)(5); the 85 percent requirement of test takers for the California Standards Test in Life Science in grade ten to allow Stockton Unified Early College Academy to be given a valid Growth Academic Performance Index for 2010–11.

Waiver Number: 59-10-2011

(Recommended for DENIAL)

Class Size Penalties (Over Limit on Grades K-3)

Item W-26 (DOC; 74KB; 3pp.)

Subject: Request by two districts, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) and/or 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:

  • Little Lake City School District 31-11-2011
  • Oakley Elementary School District 86-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-27 (DOC; 79KB; 3pp.)

Subject: Request by seven 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:

  • Oakley Union Elementary 87-12-2011
  • Napa Valley Unified 55-10-2011
  • Nevada City Elementary 61-12-2011
  • Newhall School 43-10-2011
  • Merced City Elementary 66-12-2011
  • Poway Unified 34-10-2011
  • Temecula Valley Unified 41-10-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-28 (DOC; 83KB; 4pp.)

Subject: Request by seven local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act.

Waiver Numbers:

  • Meadows Union Elementary 17-12-2011
  • Meadows Union Elementary 18-12-2011
  • Mendota Unified 38-11-2011
  • Mt. Diablo Unified 88-12-2011
  • Oxnard 13-12-2011
  • Pittsburg Unified 58-12-2011
  • Placentia-Yorba Linda Unified 4-11-2011
  • Salinas City Elementary 69-12-2011
  • Salinas City Elementary 70-12-2011
  • Salinas City Elementary 72-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Teacher Experience Index)

Item W-29 (DOC; 76KB; 3pp.)

Subject: Request by three local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding the Teacher Experience Index under the Quality Education Investment Act.

Waiver Numbers:

  • Greenfield Union Elementary 76-12-2011
  • Mountain Empire Unified 39-12-2011
  • Salinas City Elementary 89-12-2011
  • Salinas City Elementary 90-12-2011
  • Salinas City Elementary 91-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (API Growth Target)

Item W-30 (DOC; 83KB; 4pp.)

Subject: Request by five local educational agencies to waive portions of California Education Code Section 52055.740(a)(5), regarding the Academic Performance Index under the Quality Education Investment Act.

Waiver Numbers:

  • Greenfield Union Elementary 92-12-2011
  • Marysville Joint Unified 15-12-2011
  • Mountain Empire Unified 38-12-2011
  • Oxnard 8-12-2011
  • Oxnard 14-12-2011
  • Stockton Unified 43-12-2011
  • Stockton Unified 44-12-2011
  • Stockton Unified 45-12-2011
  • Stockton Unified 47-12-2011
  • Stockton Unified 48-12-2011

(Recommended for DENIAL)

Quality Education Investment Act (API Growth Target)

Item W-31 (DOC; 76KB; 3pp.)

Subject: Request by Grossmont Union High School District to waive portions of California Education Code Section 52055.760(c)(3), regarding alternative program and Academic Performance Index requirements under the Quality Education Investment Act.

Waiver Number: 55-12-2011

(Recommended for DENIAL)

*** END OF WAIVERS ***

Item 18 (DOC; 88KB; 9pp.)

Subject: Standardized Testing and Reporting Program: Adoption of California Modified Assessment Performance Level Descriptors for English–Language Arts in Grades Ten and Eleven and Geometry.

Type of Action:  Action, Information

Item 19 (DOC; 74KB; 6pp.)

Subject: Standardized Testing and Reporting Program: Approval of 2012 School District Apportionment Amounts.

Type of Action:  Action, Information

Item 20 (DOC; 174KB; 7pp.)

Subject: Standardized Testing and Reporting Program: Approval of Standards-based Tests in Spanish Proposed Performance Standards Setting for Reading Language Arts in Grades Eight, Nine, Ten, Eleven, and Math, Algebra I and Geometry, and to Conduct the Regional Public Hearings.

Type of Action:  Action, Information

Item 21 (DOC; 2MB; 11pp.)

Subject: California High School Exit Examination Alternative Means: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Section 1216.1.

Type of Action:  Action, Information

Item 22 (DOC; 2MB; 10pp.)

Subject: California High School Exit Examination Alternative Means: Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Section 1216.1.

Type of Action:  Action, Information

Item 23 (DOC; 58KB; 2pp.)

Subject:  Request by San Diego Unified School District regarding California Education Code sections 17515 through 17526, Joint Public/Private Occupancy Proposal, allowing the San Diego Unified School District and Peninsula Young Men’s Christian Association (YMCA) to enter into leases and agreements relating to real property and buildings to be used jointly by the District and the Peninsula YMCA.

Type of Action:  Action, Information

Item 24 (DOC; 186KB; 10pp.)

Subject: California State Plan 1999–2012 for the Workforce Investment Act, Title II: Adult Education and Family Literacy Act: Extension and Update.

Type of Action:  Action, Information

Item 25 (DOC; 392KB; 13pp.)

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

Type of Action:  Action, Information

Item 26 (DOC; 68KB; 3pp.)

Subject: Approval of 2011–12 Consolidated Applications.

Type of Action:  Action, Information

Item 27 (DOC; 129KB; 12pp.)

Subject: Consideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2.

Type of Action:  Action, Information

Item 28 (DOC; 92KB; 5pp.)

Subject: Assignment of Numbers for Charter School Petitions.

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, September 27, 2022
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