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Agenda--November 9-10, 2004

Agenda for the California State Board of Education (SBE) meeting on November 9-10, 2004.
State Board Members

Ruth E. Green, President
Glee Johnson, Vice President
Ruth Bloom
Don Fisher
Ricky Gill
Reed Hastings
Jeannine Martineau
Joe Nuñez
Bonnie Reiss
Suzanne Tacheny
Johnathan Williams

Secretary & Executive Officer

Hon. Jack O'Connell

Acting Executive Director

Karen Steentofte

SCHEDULE OF MEETING LOCATION

Tuesday, November 9, 2004
9:00 a.m. ±

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

Under Government Code section 11126(e)(1), 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, as necessary and appropriate, in closed session:

  • Acevedo, et al. v. State of California , et al ., Sacramento County Superior Court, Case No. 03CS00827
  • Adkins, et al . v. State of California , et al., Sacramento County Superior Court, Case No. 03CS00938
  • Aguayo, et al. v. State of California , et al ., Sacramento County Superior Court, Case No. 03CS00825
  • Amy v. California Dept. of Education, et al., Los Angeles County Superior Court, Case No. 99CV2644LSP
  • Boyd, et al. v. State of California , et al., Sacramento County Superior Court, Case No. 01CS00136
  • Brian Ho, et al., v . San Francisco Unified School District , et al. , United States District Court, Northern District of California,
  • Case No. C-94-2418 WHO
  • Buckle, et al. v. State of California , et al ., Sacramento County Superior Court, Case No. 03CS00826
  • California Association of Private Special Education Schools, et al., v. California Department of Education, et al. ,
  • Los Angeles County Superior Court, Case No. BC272983
  • California Department of Education, et al., v . San Francisco Unified School District, et al., San Francisco Superior Court,
  • Case No. 994049 and cross-complaint and cross-petition for writ of mandate and related actions
  • California State Board of Education v. Delaine Eastin, the Superintendent of Public Instruction for the State of California ,
  • Sacramento County Superior Court, Case No. 97CS02991 and related appeal
  • Californians for Justice Education Fund, et al. v. State Board of Education, S an Francisco City/County Superior Court,
  • Case No. CPF-03-50227
  • Campbell Union High School District, et al. v. State Board of Education, et al., Sacramento Superior Court, Case No. 99CS00570
  • Centinela Valley Union High School District v . State Board of Education, et.al. , Los Angeles Superior Court, Case No. BS093054
  • Chapman, et al. v. California Department of Education, et al., Alameda County Superior Court, Case No. 2002-049636
  • Chapman, et al. v. California Department of Education, et al., United States District Court, Northern District of California,
  • Case No. C-01-1780 BZ
  • City Council of the City of Folsom v. State Board of Education , Sacramento County Superior Court, Case No. 96-CS00954
  • Coalition for Locally Accountable School Systems v. State Board of Education , Sacramento County Superior Court,
  • Case No. 96-CS00939
  • Comité de Padres de Familia v. Honig , Sacramento County Superior Court, Case No. 281124; 192 Cal.App.3d 528 (1987)
  • Crawford v. Honig , United States District Court, Northern District of California, Case No. C-89-0014 DLJ
  • CTA, et al. v. Wilson, United States District Court, Central District of California, Case No. 98-9694 ER (CWx) and related appeal
  • Daniel, et al. v . State of California , et al., Los Angeles Superior Court, Case No. BC214156
  • Donald Urista, et al. v. Torrance Unified School District, et al. , United States District Court, Central District of California ,
  • Case No. 97-6300 ABC
  • Dutton v. State of California , et al . Sacramento County Superior Court, Case No. 03CS01723
  • Educational Ideas, Inc. v. State of California, et al., Sacramento County Superior Court, Case No. 00CS00798
  • 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
  • Ephorm, et al. v. California Board of Education, et al., Los Angeles Superior Court, Case No. TC013485
  • Grant Joint Union High School District v. California State Board of Education, et al . Sacramento County Superior Court, Case No. 03 CS 01087
  • Larry P. v. Riles , 495 F.Supp 926 (N.D. Ca. 1979) aff'd in part, rev'd in part, 793 F.2d 969 (9th Cir. 1986)
  • Maureen Burch, et al. v. California State Board of Education , Los Angeles County Superior Court , Case No. BS034463 and
  • related appeal
  • McNeil v. State Board of Education , San Mateo County Superior Court , Case No. 395185
  • Meinsen, et al. v. Grossmont Unified School District, et al. , U.S. District Court, Southern District of California,
  • Case No. C 96 1804 S LSP (pending)
  • Miller, et al. v. California Department of Education, et al. , San Diego Superior Court, North District , Case No. GIN036930
  • Ocean View School District, et al. v SBE, et al ., Superior Court of San Francisco, Case No. CGC-02-406738
  • Pazmiño, et al . v. California State Board of Education, et al. , San Francisco City/County Superior Court, Case No. CPF-03-502554
  • Porter, et al., v. Manhattan Beach Unified School District , et al. , United States District Court, Central District, Case No. CV-00-08402
  • Renaissance Academy Charter School , et al. v. Los Angeles Unified School District, et al., Los Angeles County Superior Court , Case No. BS090869
  • Roxanne Serna, et al., v. Delaine Eastin, State Superintendent of Public Instruction, et al ., Los Angles County Superior Court,
  • Case No. BC174282
  • San Francisco NAACP v. San Francisco Unified School District , et al. , United States District Court, Northern District of California,
  • Case No. 78-1445 WHO
  • San Mateo-Foster City School District, et al., v. State Board of Education , San Mateo County Superior Court , Case No. 387127
  • San Rafael Elementary School District v. State Board of Education, et al., Sacramento County Superior Court, Case No. 98-CS01503 and related appeal
  • Shevtsov v. California Department of Education , United States District Court, Central District of California,
  • Case No. CV 97-6483 IH (CT)
  • Sonoma County Superintendents of Schools, et. al. v. Special Education Hearing Office, et.al. Sacramento County Superior Court, Case No. 04AS0393
  • Valeria G., et al. v . Wilson, et al., United States District Court, Northern District of California, Case No. C-98-2252-CAL;
  • Angel V. v. Davis , Ninth Circuit No. 01-15219
  • Tinsley v. State of California , San Mateo County Superior Court, Case No. 206010
  • Wilkins, et al. , v. California Board of Education, et al., Los Angeles Superior Court, Case No. TC014071
  • Williams, et al. v . State of California , et al., San Francisco Superior Court, Case No. 312236
  • Wilson , et al. v. State Board of Education, et al., Los Angeles Superior Court, Case No. BC254081

Under Government Code section 11126(e)(2), the State Board of Education hereby provides public notice that it may meet in closed session to determine whether, based on existing facts and circumstances, any matter presents a significant exposure to litigation [see Government Code section 11126(e)(2)(B)(ii)] and, if so, to proceed with closed session consideration and action on that matter, as necessary and appropriate [see Government Code section 11126(e)(2)(B)(i)]; or, based on existing facts and circumstances, if it has decided to initiate or is deciding whether to initiate litigation [see Government Code section 11126(e)(2)(C)].

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 of employees exempt from civil service under Article VII, Section 4(e) of the California Constitution.

Schedule of Meeting Location

Tuesday, November 9, 2004
9:00 a.m. ± (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, 2004
8:00 a.m. ±

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

California Department of Education
1430 N Street, Room 1101
Sacramento , CA 95814
916-319 - 0827

Please see Closed Session Agenda above. The Closed Session (1) may commence earlier than 8:00 a.m.; (2) may begin at or before 8:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:00 a.m.

Schedule of Meeting Location

Wednesday, November 10, 2004

8:00 a.m. ± (Upon Adjournment of Closed Session, if held)
STATE BOARD OF EDUCATION
Public Session

California Department of Education
1430 N Street, Room 1101
Sacramento , CA 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 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
Public Session

AGENDA

November 9-10, 2004

Tuesday, November 9, 2004 -- 9:00 a.m.± (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 (August 2004 and September 2004 Meetings)
  • Announcements
  • Communications
  • REPORT OF THE SUPERINTENDENT
  • SPECIAL PRESENTATIONS
    Public notice is hereby given that special presentations for informational purposes may take place during this session.

 

ITEM 1
(DOC; 157KB; 8pp.)

STATE BOARD PROJECTS AND PRIORITIES.

Including, but not limited to, future meeting plans; agenda items; State Board office budget; staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; review of the status of State Board-approved charter schools as necessary; Board Liaison Reports; and other matters of interest.

INFORMATION

ACTION

 

ITEM 2
(DOC; 56KB; 1p.)

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.

INFORMATION

 

ITEM 3
(DOC; 207KB; 27pp.)

2004 Base Academic Performance Index (API) Content Weightings.

INFORMATION

ACTION

 

ITEM 4
(DOC; 73KB; 3pp.)

School Accountability Report Cards: Proposed Changes Pursuant to Senate Bill 550 (Implementation of Settlement Agreement in Williams, et al. v State of California , et al .).

INFORMATION

ACTION

 

ITEM 5
(DOC; 60KB; 2pp.)

California High School Exit Examination (CAHSEE): Including, but Not Limited to, CAHSEE Program Update.

INFORMATION

ACTION

 

ITEM 6
(DOC; 66KB; 3pp.)

California High School Exit Examination (CAHSEE): Presentation of the Independent Evaluation of the CAHSEE: Year Five Report.

INFORMATION

ACTION

 

ITEM 7
(DOC; 64KB; 2pp.)

Standardized Testing and Reporting (STAR) Program: Program Update Including, but Not Limited to, Grade 4 and 7 California English-Language Arts Standards Test Writing Component.

INFORMATION

ACTION

 

ITEM 8
(DOC; 65KB; 8pp.)

Standardized Testing and Reporting (STAR) Program: One-Year Extension of Educational Testing Service (ETS) California Standards Tests (CSTs) and California Achievement Tests, Sixth Edition Survey (CAT/6) Survey Contract.

INFORMATION

ACTION

 

ITEM 9
(DOC; 64KB; 2pp.)

Standardized Testing and Reporting (STAR) Program: Release of Ten Percent Withheld for 2003-04 Educational Testing Service (ETS) California Standards Tests (CSTs) and California Achievement Tests, Sixth Edition Survey (CAT/6) Survey Contract.

INFORMATION

ACTION

 

ITEM 10
(DOC; 60KB; 1p.)

Standardized Testing and Reporting (STAR) Program: Approve Releasing Ten Percent Withheld for 2004 CTB/McGraw-Hill Spanish Assessment of Basic Education, Second Edition (SABE/2) Contract.

INFORMATION

ACTION

 

ITEM 11
(DOC; 57KB; 1p.)

California English Language Development Test (CELDT) Update: Including, but Not Limited to, 2003-04 Initial Identification Results.

INFORMATION

ACTION

 

ITEM 12
(DOC; 56KB; 2pp.)

No Child Left Behind (NCLB) Act of 2001 - Including, but Not Limited to, California 's Proposed Amendments to the state's Accountability Workbook, 2004 Program Improvement Schools and Districts, and Request to Waive the Title III Requirement for Assessing Kindergarten and First Grade English Learners in Reading and Writing.

INFORMATION

ACTION

 

ITEM 13
(DOC; 63KB; 2pp.)

No Child Left Behind Act (NCLB) of 2001 : Approve Local Educational Agency Plans Title I Section 1112.

INFORMATION

ACTION

 

ITEM 14 (DOC; 63KB; 2pp.)

No Child Left Behind Act (NCLB) of 2001 : Approve Additional Supplemental Educational Service Providers for the List of 2004-2005 School Year Providers.

INFORMATION

ACTION

 

 

ITEM 15 (DOC; 57KB; 1p.)

No Child Left Behind Act (NCLB) of 2001 : Revised Application and Scoring Rubric for Prospective Supplemental Educational Services Providers.

INFORMATION ACTION

 

ITEM 16 (DOC; 85KB; 3pp.)

No Child Left Behind (NCLB) Act of 2001 : Title IX, Persistently Dangerous Schools, Proposed Title 5 Regulations -Approve Proposed Amendments and Circulate for a Second 15-Day Public Comment Period.

INFORMATION ACTION

 

ITEM 17 (DOC; 73KB; 4pp.)

Reading First Special Education Referral Reduction Program: Approval of Supplemental Instructional Materials.

INFORMATION ACTION

 

ITEM 18 (DOC; 56KB; 1p.)

2005-06 State Board of Education Student Member: Interview of Six Candidates and Selection of Three Finalists.

INFORMATION ACTION

 

ITEM 19 (DOC; 57KB; 1p.)

Advisory Commission on Special Education: Report on Activities.

INFORMATION

 

ITEM 20 (DOC; 107KB; 9pp.)

Gifted and Talented Education (GATE): Approval of Local Educational Agency (LEA) Applications for Funding.

INFORMATION ACTION

 

ITEM 21 (DOC; 64KB; 3pp.)

Proposed Changes to Be Included in the California School Information Services (CSIS) Data Dictionary, Version 6.0.

INFORMATION

ACTION

 

ITEM 22 (DOC; 120KB; 7pp.)

Mathematics and Reading Professional Development Program (AB 466): Approve Local Education Agencies' (LEAs) Reimbursement Requests.

INFORMATION ACTION

 

ITEM 23 (DOC; 60KB; 2pp.)

Mathematics and Reading Professional Development Program (AB 466) (Chapter 737, Statutes of 2001): Including, but Not Limited to, Approval of Training Providers and Training Curricula.

INFORMATION ACTION

 

ITEM 24 (DOC; 81KB; 5pp.)

The Principal Training Program (AB 75): Approval of Local Educational Agencies (LEAs) and Consortia Applications for Funding.

INFORMATION ACTION

 

ITEM 25 (DOC; 64KB; 2pp.)

The Principal Training Program (AB 75): Approval of Training Providers.

INFORMATION ACTION

 

ITEM 26 (DOC; 77KB; 4pp.)

Immediate Intervention/Underperforming Schools program (II/USP): Proposed Intervention for Cohort I, II, and III Schools that Failed to Show Significant Growth.

INFORMATION

ACTION

 

ITEM 27 (DOC; 67KB; 2pp.)

Immediate Intervention/Underperforming Schools Program (II/USP): School Assistance and Intervention Team (SAIT): Approval of Expenditure Plan to Support SAIT Activities and Corrective Actions in State-Monitored Schools.

INFORMATION ACTION

 

ITEM 28 (DOC; 75KB; 3pp.)

Immediate Intervention/Underperforming Schools Program (II/USP) and High Priority Schools Grant Program (HPSGP): Adopt Title 5 Regulations Sections 1030.5 and 1030.6: Definition of Significant Growth and Criteria to Demonstrate Academic Growth for II/USP and HPSGP Schools Without Valid APIs.

INFORMATION ACTION

 

ITEM 29 (DOC; 64KB; 3pp.)

High Priority Schools Grant Program (HPSGP): Review of Schools Not Meeting Growth Targets After 24 Months: Development of State Board of Education Procedure.

INFORMATION ACTION

 

ITEM 30 (DOC; 113KB; 6pp.)

Senate Bill (SB) 1058 Follow-Up Adoption for K-8 Instructional Materials.

INFORMATION ACTION

 

ITEM 31 (DOC; 63KB; 3pp.)

2005 History-Social Science Primary Adoption of Instructional Materials: Appointment of Instructional Materials Advisory Panel (IMAP) Members and Content Review Panel (CRP) Experts.

INFORMATION

ACTION

*** PUBLIC HEARING***

A Public Hearing on the following agenda item will commence no earlier than 1:00 p.m. The Public Hearing will be held after 1:00 p.m. as the business of the State Board permits.

ITEM 32 (DOC; 346KB; 42pp.)

2004 Health Primary Adoption of Instructional Materials: Curriculum Development and Supplemental Materials Commission Recommendations.

INFORMATION ACTION

PUBLIC HEARING

***END OF PUBLIC HEARING***

ITEM 33 (DOC; 69KB; 3pp.)

Assignment of Numbers for Charter School Petitions.

INFORMATION ACTION

 

ITEM 34 (DOC; 77KB; 4pp.)

Charter Schools: Determination and Redetermination of Funding Requests for 2004-05 (and beyond) for Nonclassroom-Based Charter Schools.

INFORMATION ACTION

 

ITEM 35 (DOC; 58KB; 1p.)

Assembly Bill 1994: Statewide Charter Schools: Adopt Proposed Title 5 Regulations.

INFORMATION ACTION

 

ITEM 36 (DOC; 69KB; 4pp.)

Federal Public Charter Schools Grant Program Request for Applications.

INFORMATION ACTION

 

ITEM 37 (DOC; 78KB; 7pp.)

Proposed State Board of Education Policy for Independent Study through Nonclassroom-Based, On-Line Distance Learning in Charter Schools.

INFORMATION ACTION

 

ITEM 38 (DOC; 91KB; 9pp.)

Request by New West Charter Middle School to Make Material Amendments to Its Charter.

INFORMATION ACTION

 

ITEM 39 (DOC; 61KB; 2pp.)

Uniform Complaint Procedures (UCP): Approve Commencement of the Rulemaking Process.

INFORMATION

ACTION

 

ITEM 40 (DOC; 58KB; 2pp.)

Petition to Amend Title 5 section 4910(k) of the California Code of Regulations (definition of gender) pursuant to Government Code section 11340.6

INFORMATION

ACTION

***PUBLIC HEARINGS***

Public Hearings on the following agenda items will commence no earlier than 3:00 p.m. The Public Hearings will be held after 3:00 p.m. as the business of the State Board permits.

 

ITEM 41 (DOC; 67KB; 4pp.)

Proposed Unification of Alpine Union School District with the Corresponding Portion of Grossmont Union High School District in San Diego County .

INFORMATION

ACTION

PUBLIC HEARING

 

ITEM 42 (DOC; 177KB; 11pp.)

Environmental Effect of Proposed Dissolution of Folsom Cordova Unified School District and the Creation of Folsom Unified School District and Rancho Cordova Unified School District in Sacramento County .

INFORMATION

ACTION

PUBLIC HEARING

 

ITEM 43 (DOC; 239KB; 34pp.)

Proposed Dissolution of Folsom Cordova Unified School District and the Creation of Folsom Unified School District and Rancho Cordova Unified School District in Sacramento County .

 

INFORMATION

ACTION

PUBLIC HEARING

***END OF PUBLIC HEARINGS***

ADJOURNMENT OF DAY'S SESSION


Wednesday, November 10, 2004 - 8:00 a.m.± (Upon adjournment of Closed Session if held)

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

REPORT OF THE SUPERINTENDENT (unless presented on the preceding day)

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

ITEMS DEFERRED FROM PRECEDING DAY
Any matters deferred from the previous day's session may be considered.

The State Board of Education will also consider and take action as appropriate on the following agenda items:

WAIVER REQUESTS
CONSENT MATTERS

The following agenda items include waivers and other administrative matters that California Department of Education (CDE) staff has identified as having no opposition and presenting no new or unusual issues requiring the State Board's attention.

CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT OF 1998

ITEM WC-1 (DOC; 58KB; 2pp.)

Request by Silver Valley Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-12-2004
(Recommended for APPROVAL)

ACTION

 

ITEM WC-2 (DOC; 58KB; 2pp.)

Request by Southern Humboldt Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-14-2004
(Recommended for APPROVAL)

ACTION

 

ITEM WC-3 (DOC; 58KB; 2pp.)

Request by Coast Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-15-2004
(Recommended for APPROVAL)

ACTION

 

ITEM WC-4 (DOC; 58KB; 2pp.)

Request by Butte Valley Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-16-2004
(Recommended for APPROVAL)

ACTION

 

ITEM WC-5 (DOC; 58KB; 2pp.)

Request by Lucerne Valley Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-17-2004
(Recommended for APPROVAL)

ACTION

 

ITEM WC-6 (DOC; 58KB; 2pp.)

Request by Los Molinos Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-18-2004
(Recommended for APPROVAL)

ACTION

 

ITEM WC-7 (DOC; 58KB; 2pp.)

Request by Fall River Joint Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-19-2004
(Recommended for APPROVAL)

ACTION

 

ITEM WC-8 (DOC; 58KB; 2pp.)

Request by Trona Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-20-2004
(Recommended for APPROVAL)

ACTION

 

ITEM WC-9 (DOC; 60KB; 2pp.)

Request by John Swett Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-21-2004
(Recommended for APPROVAL)

ACTION

 

ITEM WC-10 (DOC; 59KB; 2pp.)

Request by Sierra Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-22-2004
(Recommended for APPROVAL)

ACTION

 

ITEM WC-11 (DOC; 59KB; 2pp.)

Request by Cloverdale Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-23-2004
(Recommended for APPROVAL)

ACTION

 

ITEM WC-12 (DOC; 60KB; 2pp.)

Request by Eastern Sierra Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332).
Waiver Number: Fed-24-2004
(Recommended for APPROVAL)

ACTION
FEDERAL WAIVER - SAFE AND DRUG FREE
ITEM WC-13 (DOC; 61KB; 2pp.)

Request by Sierra Sands Unified School District to waive No Child Left Behind Act (NCLB); Title IV, Part A, Section 4115 (a)(1)(c) to use Safe and Drug Free Schools and Communities funds to support the cost of The Great Body Shop, a Comprehensive Health, Substance Abuse, Violence Prevention Program prekindergarten to eighth grade.
Waiver Number: Fed-13-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM WC-14 (DOC; 62KB; 2pp.)

Request by Eastside Union School District to waive No Child Left Behind Act (NCLB); Title IV, Part A, Section 4115(a)(1)(c) to use Safe and Drug Free Schools and Communities funds to support the cost of The Great Body Shop, a Comprehensive Health, Substance Abuse, Violence Prevention Program prekindergarten to eighth grade.
Waiver Number: Fed-11-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

INSTRUCTIONAL MATERIALS SUFFICIENCY (Audit Findings)
ITEM WC-15 (DOC; 59KB; 2pp.)

Request by Adelanto Elementary School District (SD) for a retroactive waiver of Education Code (EC) Section 60119 regarding the Annual Public Hearing on the availability of textbooks or instructional materials. The district had an audit finding for fiscal year 2002-2003 that they failed to properly notice (10 days) the public hearing.
Waiver Number: 12-9-2004
(Recommended for APPROVAL)

ACTION

 

NONPUBLIC SCHOOL (annual timeline certification renewal application)
ITEM WC-16 (DOC; 58KB; 2pp.)

Request by San Mateo Union High School District to waive Education Code (EC) Section 56366.1(g), the August 1 through October 31 timeline on annual certification renewal application for Bay Area Communication Access.
Waiver Number: 6-9-2004
(Recommended for APPROVAL)

ACTION

 

NON-CONSENT

The following agenda items include waivers and other administrative matters that CDE staff has identified as having opposition, being 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 the President's designee; and action different from that recommended by CDE staff may be taken.

BUDGET RESERVE REQUIREMENT
ITEM W-1 (DOC; 63KB; 3pp.)

Request by San Diego Unified School District (USD) to waive Title 5 CCR, Section 15443, (specifically the cut point of 400,000 Average Daily Attendance (ADA), to allow San Diego USD, to keep a budget reserve requirement of one percent for the fiscal year 2005-06 only.
Waiver Number: 108-4-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

CHARTER SCHOOL (revolving loan)
ITEM W-2 (DOC; 64KB; 3pp.)

Request by Loleta Union Elementary School District for Pacific View Charter School for a waiver of portions of Education Code (EC) Section 41365 (b) that specifies that a charter school that "obtains renewal of a charter" is not eligible for a Charter School Revolving Loan for "startup costs."
Waiver Number: 16-9-2004
(Recommended for DENIAL)

ACTION

 

COMMUNITY DAY SCHOOL (collocation/commingle)
ITEM W-3 (DOC; 68KB; 3pp.)

Request by Clovis Unified School District for a waiver of portions of Education Code (EC) sections 48660 and 48916.1(d) to permit the establishment of a community day school (CDS) for grades kindergarten to eighth to be operated by a unified school district, and a portion of EC Section 48661(a)(2) relating to the placement of a CDS on the same site as Excel (Continuation) High School.
Waiver Number: 6-8-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

DISTRICT LAYOFF PROCEDURE   
ITEM W-4 (DOC; 69KB; 3pp.)

Request by San Lorenzo Valley Unified School District to waive portions of Education Code (EC) Section 45308, that states the required order of layoff for classified employees within the class shall be determined by length of service, for one specific position in the district.
Waiver Number 13-9-2004
(Recommended for APPROVAL WITH CONDITIONS)
EC 33051(c) will apply

ACTION
EQUITY LENGTH OF TIME (full day kindergarten)
ITEM W-5 (DOC; 62KB; 2pp.)

Request by Ocean View Elementary School District ( Ventura County ) to waive Education Code (EC) Section 37202, the equity length of time requirement, to allow full day kindergartens at two of the district's three elementary schools, Laguna Vista and Tierra Vista.
Waiver Number: 2-8-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM W-6 (DOC; 63KB; 3pp.)

Renewal request by Fresno Unified School District to waive Education Code (EC) Section 37202, the equity length of time requirement, to allow full day kindergartens at four of the district's sixty-one elementary schools, Burroughs, Greenberg, King and Winchell.
Waiver Number: 5-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM W-7 (DOC; 63KB; 3pp.)

Request by Los Angeles Unified School District (LAUSD) to waive Education Code (EC) Section 37202, the equity length of time requirement, to allow a full day kindergarten program at Lillian Street School, one out of 440 schools (in addition to the 205 elementary schools with an approved equity length of time waiver).
Waiver Number: 11-9-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
FEDERAL WAIVER - SAFE AND DRUG FREE
ITEM W-8 (DOC; 387KB; 6pp.)

Request by Santa Rita Union School District to waive No Child Left Behind Act (NCLB); Title IV, Part A Section 4115 (a)(1)(c) to use Safe and Drug Free Schools and Communities funds to support the cost of Here's Looking At You (HLAY), a kindergarten through twelve grade drug prevention program.
Waiver Number: Fed-09-2004
(Recommended for DENIAL)

ACTION
II/USP (state monitored)
ITEM W-9 (DOC; 70KB; 3pp.)

Request by Hawthorne School District for Zella Davis Elementary School in the Immediate Intervention/Underperforming Schools Program (II/USP) to waive sanctions in portions of Education Code (EC) Section 52055.5(h), in effect to keep the school on "watch" for the 2004-05 school year.
Waiver Number: 14-9-2004
(Recommended for DENIAL)

ACTION

 

ITEM W-10 (DOC; 72KB; 3pp.)

Request by Chino Valley Unified School District for E. J. Marshall Elementary School in the Immediate Intervention/Underperforming Schools Program (II/USP) to waive sanctions in portions of the Education Code (EC) Section 52055.5 (h), in effect to keep the school on "watch" for the 2004-05 school year.
Waiver Number: 1-10-2004
(Recommended for DENIAL)

ACTION
INSTRUCTIONAL MATERIALS SUFFICIENCY (Audit Findings)
ITEM W-11 (DOC; 67KB; 3pp.)

Request by Parlier Unified School District for a retroactive waiver of Education Code (EC) Section 60119 regarding the annual public hearing and resolution on the availability of textbooks or instructional materials. The district had an audit finding for fiscal year 2002-2003 for failing to properly notice (ten days and three public places) the public hearing. This is the second time the district has had this same finding on improper posting of public notice (Waiver Number 9-5-2003, for the 2001-2002 fiscal year).
Waiver Number: 7-6-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
CLASS SIZE REDUCTION
ITEM W-12 (DOC; 66KB; 3pp.)

Request by Petaluma Joint Union High School District (USD) to waive Education Code (EC) Sections 52084(a)(c) and 52086(a), 9th Grade Class Size Reduction Program (Morgan-Hart) the requirement for an average of 20, no more than 22 to 1 student-teacher ratio in two courses, so that the district may provide a 23 to 1 ratio (with no more than 24 pupils in any class) across three core courses, English, math and science.
Waiver Number: 8-9-2004
(Recommended for DENIAL)

ACTION

 

ITEM W-13 (DOC; 61KB; 2pp.)

Request by Long Beach Unified School District to waive Education Code (EC) Section 52084(a) the 9th Grade Class Size Reduction Program (Morgan-Hart) to receive funding for a full year, double period of English (ELD English I & II) and mathematics (Intensive Algebra ABCD) for targeted low performing students.
Waiver Number: 5-9-2004
(Recommended for APPROVAL WITH CONDITIONS)
EC 33051(c) will apply

ACTION
PHYSICAL EDUCATION
ITEM W-14 (DOC; 58KB; 2pp.)

Request by the San Lorenzo Unified School District to waive portions of Education Code (EC) Section 51222 related to physical education instructional minutes in order to implement a block schedule at Arroyo High School , San Lorenzo High School , and Royal Continuation High School .
Waiver Number: 5-8-2004
(Recommended for APPROVAL WITH CONDITONS)

ACTION

END OF WAIVER REQUESTS

ITEM 44 (DOC; 60KB; 2pp.)

Consolidated Applications 2004-2005: Approval.

INFORMATION

ACTION

 

ITEM 45 (DOC; 58KB; 2pp.)

No Child Left Behind Act (NCLB) of 2001 : Adopt Supplemental Educational Services Regulations.

INFORMATION

ACTION

 

*** PUBLIC HEARING***

A Public Hearing on the following agenda item will commence no earlier than 9:00 a.m. The Public Hearing will be held after 9:00 a.m. as the business of the State Board permits.

 

ITEM 46 (DOC; 66KB; 2pp.)

Request by the Livermore Valley Charter School Petitioners to Approve a Petition to Become a Charter Schools Under the Oversight of the State Board of Education.

INFORMATION ACTION

PUBLIC HEARING

***END OF PUBLIC HEARING***

 

ITEM 47 (DOC; 57KB; 1p.)

Reports from the 2004-05 Student Advisory Board of Education (SABE).

INFORMATION

 

 

ITEM 48 (DOC; 67KB; 2pp.)

Presidential Awards for Excellence in Mathematics and Science Teaching (PAEMST).

INFORMATION

 

 

ITEM 49 (DOC; 58KB; 2pp.)

Petition to Amend Title 5 section 9531(c) of the California Code of Regulations (use of instructional materials funding) pursuant to Government Code section 11340.6.

INFORMATION

ACTION

ADJOURNMENT OF MEETING


For more information concerning this agenda, please contact Karen Steentofte, Acting Executive Director of the California State Board of Education, or Deborah Franklin, Education Policy Consultant, 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]

Questions: State Board of Education | sbe@cde.ca.gov | 916-319-0827 
Last Reviewed: Tuesday, September 13, 2022
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