Agenda--July 14-15, 2010
Agenda and other related materials for the California State Board of Education (SBE) meeting to be held on July 14-15, 2010.Please Note: Additional materials will be posted on Tuesday, July 6, 2010.
State Board Members
Ted Mitchell, President
Ruth Bloom, Vice President
Alan Arkatov
James Aschwanden
Benjamin Austin
Yvonne Chan
Gregory Jones
David Lopez
Johnathan Williams
Charlene Lee, Student Member
Secretary & Executive Officer
Hon. Jack O’Connell
Executive Director
Theresa Garcia
Schedule of Meeting |
Location |
|---|---|
Wednesday, July 14, 2010 STATE BOARD OF EDUCATION |
California Department of Education |
The Closed Session (1) may commence earlier than 9:00 a.m.; (2) may begin at or before 9:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 9:00 a.m.
CLOSED SESSION AGENDA
Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation which follows will be considered and acted upon in closed session:
- Alejo, et al. v. Jack O’Connell, State Board of Education, et al., San Francisco Superior Court, Case No. CPF-09-50968
- California School Boards Association, et al. v. California State Board of Education and Aspire Public Schools, Inc. Alameda Superior Court, Case No. 07353566
- California School Boards Association, et al. v. California State Board of Education, et al. Sacramento Superior Court, Case No. 34-2008-00016957
- California School Boards Association and its Education Legal Alliance, et al., v. The California State Board of Education, et al., Sacramento County Superior Court, Case No. 34-200800021188-CU-MC-GDS
- Coachella Valley Unified School District, et.al., v. State of California, et.al. Case No. CPF-05-505334
- Emma C., et al. v. Delaine Eastin, et al., United States District Court, Northern District of California, Case No. C 96 4179
- EMS-BP, LLC, Options for Youth Burbank, Inc. et al. v. California Department of Education, et al., Sacramento County Superior Court, Case No. 03CS01078 / 03CS01079 and related appeal
- K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C 05 4077 MMC
- Kidd, et al., Jack O’Connell, State Board of Education, et al., Superior Court of California, County of Alameda, Case No. 2002049636
- 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 14, 2010 STATE BOARD OF EDUCATION |
California Department of Education |
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 15, 2010 STATE BOARD OF EDUCATION |
California Department of Education |
Please see Closed Session Agenda above. The Closed Session (1) may commence earlier than 9:00 a.m.; (2) may begin at or before 9:00 a.m., be recessed, and then be reconvened later in the day; or (3) may be commenced later than 8:00 a.m.
Schedule of Meeting |
Location |
|---|---|
Thursday, July 15, 2010 STATE BOARD OF EDUCATION |
California Department of Education |
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 14, 2010
Wednesday, July 14, 2010 9:00 a.m. Pacific Time ±
(Upon adjournment of Closed Session if held)
California Department of Education
1430 N Street, Room 1101
Sacramento, California
Call to Order
Salute to the Flag
CLOSED SESSION
Communications
Announcements
REPORT OF THE SUPERINTENDENT
SPECIAL PRESENTATIONS
Public notice is hereby given that special presentations for informational purposes may take place during this session.
NOTE: Items not heard or completed on July 14, 2010, may be carried over to July 15, 2010.
AGENDA ITEMS
Item 1 (DOC)
Subject: STATE BOARD PROJECTS AND PRIORITIES.
Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; Board policy; Approval of minutes; Board Liaison Reports; and other matters of interest
Type of Action: Action, Information
- Item 1 Attachment 1 (DOC)
- Item 1 Attachment 2 (DOC)
- Item 1 Attachment 3 (DOC)
- Item 1 Attachment 4a (DOC)
- Item 1 Attachment 4b (DOC)
- Item 1 Attachment 4c (DOC)
Item 2 (DOC)
Subject: PUBLIC COMMENT.
Public comment is invited on any matter not included on the printed agenda. Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations
Type of Action: Information
Item 3 (DOC)
Subject: Elementary and Secondary Education Act: Request for Release of Trustee and District Assistance and Intervention Team in the Coachella Valley Unified School District
Type of Action: Action, Information
Item 4 (DOC)
Subject: Elementary and Secondary Education Act: Initial Trustee Report and Recommendations on Progress Made by Greenfield Elementary Union School District
Type of Action: Action, Information
- Item 4 Attachment 1 (PDF)
Item 5 (DOC)
Subject: Elementary and Secondary Education Act: Initial Trustee Report and Recommendations on Progress Made by Alisal Union Elementary School District
Type of Action: Action, Information
- Item 5 Attachment 1 (PDF)
- Item 5 Attachment 2 (PDF)
- Item 5 Attachment 2a (PDF)
- Item 5 Attachment 2b (PDF)
- Item 5 Attachment 2d (PDF)
Item 6 (DOC)
Subject: Standardized Testing and Reporting Program: Two-Year Extension of Educational Testing Service Contract
Type of Action: Action, Information
- Item 6 Addendum (DOC)
Item 7 (DOC)
Subject: California English Language Development Test: Computation of the Overall Score and the English Proficient Level for Kindergarten and Grade One Students with the Inclusion of Reading and Writing Assessments
Type of Action: Action, Information
Item 8 (DOC)
Subject: California High School Exit Examination: Analysis and Consideration of Alternate Means for the California High School Exit Examination
Type of Action: Action, Information
- Item 8 Attachment 1 (PDF)
- Item 8 Attachment 2 (DOC)
- Item 8 Attachment 3 (DOC)
Item 9 (DOC)
Subject: California High School Exit Examination: Program Update, Including but not Limited to, the Results for July 2009 through March 2010 Administrations of the California High School Exit Examination
Type of Action: Action, Information
Item 10 (DOC)
Subject: Charter Schools Division Update Including, But Not Limited to, State Board-Authorized Charter Schools, Public Charter Schools Grant Program, and Charter School Regulations Development
Type of Action: Action, Information
Item 11 (DOC)
Subject: 2010–15 Federal Public Charter Schools Grant Program Request for Applications
Type of Action: Action, Information
- Item 11 Attachment 1 (PDF)
- Item 11 Attachment 2 (PDF)
(temporarily removed for review; 01-Jan-2015)
(replaced with redacted version; 06-Apr-2015)
Item 12 (DOC)
Subject: Assignment of Numbers for Charter School Petitions
Type of Action: Action, Information
- Item 12 Attachment 1 (DOC)
Item 13 (DOC)
Subject: Consideration of Requests for Determination of Funding Rates as Required for Nonclassroom-based Charter Schools
Type of Action: Action, Information
Item 14 (DOC)
Subject: Request for Budget Crisis Mitigating Circumstances Flexibility for Current Senate Bill 740 Funding Determination Period for California Virtual Academy at Kern, California Virtual Academy at Jamestown, California Virtual Academy at Sonoma, California Virtual Academy at Sutter, California Virtual Academy at San Mateo, California Virtual Academy at Kings, Desert Sands Charter High School, Vista Real Charter High School, Crescent View West Charter School, Antelope Valley Learning Academy, Mission View Public School, Sierra Charter School, Julian Charter School, and Pacific View Charter School
Type of Action: Action, Information
- Item 14 Attachment 2 (PDF)
Item 15 (DOC)
Subject: Charter Revocation Pursuant to California Education Code Section 47604.5(c) –Approve Commencement of 15-Day Public Comment Period for Proposed Changes to Proposed California Code of Regulations, Title 5, Section 11968.5
Type of Action: Action, Information
- Item 15 Addendum (DOC)
- Item 15 Addendum Attachment 3 (PDF)
- Item 15 Addendum Attachment 4 (DOC)
**PUBLIC HEARINGS**
Public Hearings on the following agenda items will commence no earlier than 12 p.m. on Wednesday, July 14, 2010. The Public Hearings will be held as close to 12 p.m. as the business of the State Board permits.
Item 16 (DOC)
Subject: Petition for Renewal of a Charter School Under the Oversight of the State Board of Education: Consideration of the Today's Fresh Start Charter School Petition, Which Was Denied by the Los Angeles County Board of Education
Type of Action: Action, Information
- Item 16 Attachment 5 (PDF)
- Item 16 Attachment 6 (PDF)
- Item 16 Attachment 7 (PDF)
- Item 16 Attachment 12 (PDF)
- Item 16 Attachment 14 (PDF)
Item 17 (DOC)
Subject: Island Union Elementary Charter School District: Consideration of Petition to Renew Districtwide Charter
Type of Action: Action, Information
Item 18 (DOC)
Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the National Career Academy Petition, Which Was Denied by the Sacramento Unified School District and the Sacramento County Board of Education
Type of Action: Action, Information
Item 19 (DOC)
Subject: Petition for Renewal of a Charter School Under the Oversight of the State Board of Education: Consideration of the Long Valley Charter School Petition, Which Was Denied by the Fort Sage Unified School District and the Lassen County Board of Education
Type of Action: Action, Information
- Item 19 Attachment 3 (PDF)
- Item 19 Attachment 4 (PDF)
- Item 19 Attachment 5 (PDF)
Item 20 (DOC)
Subject: Alvina Elementary Charter School District: Consideration of Petition to Renew Districtwide Charter
Type of Action: Action, Information
- Item 20 Attachment 2 (PDF)
Item 21 (DOC)
Subject: Request by the Lifeline Education Charter School to Extend Approval of its Charter under the Oversight of the State Board of Education for up to Two Years until June 30, 2012
Type of Action: Action, Information
**END OF PUBLIC HEARINGS**
***ADJOURNMENT OF DAY’S SESSION***
Thursday, July 15, 2010 – 9:00 a.m. ± Pacific Time
(Upon adjournment of Closed Session if held)
California Department of Education
1430 N Street, Room 1101
Sacramento, California
Call to Order
Salute to the Flag
Approval of Minutes from prior board meetings
Communications
Announcements
REPORT OF THE SUPERINTENDENT (unless presented on the preceding day)
ITEMS DEFERRED FROM PRECEDING DAY
Any matters deferred from the previous day’s session may be considered.
AGENDA ITEMS
Item 22 (DOC)
Subject: Exclusion of the Briggs, Mupu, and Santa Clara Elementary School Districts from the Proposed Santa Paula School District Unification in Ventura County
Type of Action: Action, Information
- Item 22 Attachment 3 (PDF)
Item 23 (DOC)
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 23 Attachment 4 (PDF)
Item 24 (DOC)
Subject: Academic Content Standards Commission: Update Regarding the Consideration of Adoption of the Common Core State Standards
Type of Action: Action, Information
- Item 24 Attachment 1 (PDF)
Item 25 (DOC)
Subject: Request for Waivers Under Title I, Part A Section 9401 of the Elementary and Secondary Education Act
Type of Action: Action, Information
Item 26 (DOC)
Subject: Elementary and Secondary Education Act: School Improvement Grant: Update on the Response to U.S. Department of Education Feedback on California’s 2009–10 School Improvement Grant Application
Type of Action: Action, Information
Item 27 (DOC)
Subject: Elementary and Secondary Education Act: Approve Local Educational Agency Plans, Title 1, Section 1112
Type of Action: Action, Information
Item 28 (DOC)
Subject: Elementary and Secondary Education Act: Approval of Additional Providers to the 2010–2011 State Board of Education-Approved Supplemental Educational Services Provider List Based on Appeal
Type of Action: Action, Information
Item 29 (DOC)
Subject: Elementary and Secondary Education Act: Supplemental Educational Services Rulemaking Process for Amendments to California Code of Regulations, Title 5, Sections 13075.1 Through 13075.9 Update on Public Hearing
Type of Action: Action, Information
- Item 29 Attachment 3 (PDF)
Item 30 (DOC; 88KB; 3pp.)
Subject: Legislative Update, Including, but not Limited to, Information on the 2009-10 Legislative Session
Type of Action: Action, Information
- Item 30 Attachment 1 (DOC)
Item 31 (DOC; 67KB; 1p.)
Subject: Budget Update, Including, but not Limited to, Information on the 2009–10 and 2010–11 Budgets
Type of Action: Action, Information
- Item 31 Attachment 1 (DOC)
Item 32 (DOC)
Subject: Open Enrollment Act—Approve the Finding of Emergency and Proposed Emergency Regulations for Additions to the California Code of Regulations, Title 5
Type of Action: Action, Information
- Item 32 Addendum (DOC)
- Item 32 Addendum Attachment 5 (PDF)
Item 33 (DOC)
Subject: Open Enrollment Act—Approve Commencement of the Rulemaking Process for Additions to the California Code of Regulations, Title 5
Type of Action: Action, Information
- Item 33 Addendum (DOC)
- Item 33 Addendum Attachment 4 (PDF)
Item 34 (DOC; 1349KB; 14pp.)
Subject: Parent Empowerment—Approve the Finding of Emergency and Proposed Emergency Regulations for Additions to the California Code of Regulations, Title 5
Type of Action: Action, Information
- Item 34 Addendum (DOC)
- Item 34 Addendum Attachment 4 (PDF)
Item 35 (DOC; 102KB; 3pp.)
Subject: Approval of 2009-10 Consolidated Applications
Type of Action: Action, Information
Item 36 (DOC)
Subject: Request for Approval of Los Angeles County Office of Education Charter Special Education Local Plan Area
Type of Action: Action, Information
- Item 36 Attachment 2 (DOC)
Item 37 (DOC; 69KB; 4pp.)
Subject: State Performance Plan and Annual Performance Report for PartB of the Individuals with Disabilities Education Act Covering Program Year 2009–10
Type of Action: Action, Information
- Item 37 Attachment 1 (DOC)
- Item 37 Attachment 2 (XLS)
- Item 37 Attachment 3 (XLS)
- Item 37 Attachment 4 (DOC)
- Item 37 Attachment 5 (DOC)
Item 38 (DOC)
Subject: Review California Code of Regulations, Title 5, Section 3100, which allows waivers of Education Code Section 56362(c), Allowing the Caseload of the Resource Specialist to Exceed the Maximum Caseload of 28 Students by Not More Than Four Students (32 Maximum)
Type of Action: Action, Information
- Item 38 Attachment 1 (DOC)
- Item 38 Attachment 2 (DOC)
WAIVER REQUEST CONSENT MATTERS
The following agenda items satisfy criteria for approving a waiver of that type based on a previously-adopted State Board of Education waiver policy or have waiver evaluation criteria that are in Education Code or in the California Code of Regulations, Title 5.
Charter School Program (Attendance Accounting for Multi-Track)
Item WC-1 (DOC)
Subject: Request by Bayshore Elementary School District for Kaplan Academy of California – San Francisco 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, one site).
Waiver Number: 34-4-2010
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply.
- Item WC-1 Attachment 1 (DOC)
Item WC-2 (DOC)
Subject: Request by Corcoran Joint Unified School District for Kaplan Academy of California – Central California 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, one site).
Waiver Number: 35-4-2010
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply.
- Item WC-2 Attachment 1 (DOC)
Item WC-3 (DOC)
Subject: Request by Mountain Empire Unified School District for Kaplan Academy of California – San Diego 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, one site).
Waiver Number: 25-4-2010
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply.
- Item WC-3 Attachment 1 (DOC)
Item WC-4 (DOC)
Subject: Request by Tracy Joint Unified School District for Kaplan Academy of California – North Central California 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, one site).
Waiver Number: 18-5-2010
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply.
- Item WC-4 Attachment 1 (DOC)
Class Size Penalties (Over Limit on Kindergarten and Grades 1-3)
Item WC-5 (DOC)
Subject: Request by San Marino Unified School District, 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 grades kindergarten through three. For kindergarten, the maximum overall class size average is 31 to one with no class larger than 33. For grades one to three, the maximum overall class size average is 30 to one with no class larger than 32. The district requests to increase its maximum overall average to 34 and its maximum individual class size to 35 to one for grades kindergarten through three, prospectively (2010-11 and 2011-12 fiscal years).
Waiver Number: 61-3-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-5 Attachment 1 (DOC)
Class Size Penalties (Over Limit on Grades 1-3)
Item WC-6 (DOC)
Subject: Request by Lowell Joint School District, under the authority of California Education Code Section 41382, to waive portions of Education Code Section 41376(a),(c), and (d), relating to class size penalties for grades one through three. The maximum overall class size average is 30 to one with no class larger than 32. The district requests to increase its maximum overall average and individual class size to 34, prospectively (2010-11 and 2011-12 fiscal years).
Waiver Number: 33-4-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-6 Attachment 1 (DOC)
Class Size Penalties (Over Limit on Grades 4-8)
Item WC-7 (DOC)
Subject: Request by Berryessa Union Elementary School District to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the maximum to 32 to one, prospectively (2010-11 and 2011-12 fiscal years).
Waiver Number: 24-5-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-7 Attachment 1 (DOC)
Item WC-8 (DOC)
Subject: Request by Central Elementary School District to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the maximum to 32 to one, prospectively (2010-11 and 2011-12 fiscal years).
Waiver Number: 28-5-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-8 Attachment 1 (DOC)
Item WC-9 (DOC)
Subject: Request by El Segundo Unified School District to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the maximum to 36 to one, prospectively (2010-11 and 2011-12 fiscal years).
Waiver Number: 27-5-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-9 Attachment 1 (DOC)
Item WC-10 (DOC)
Subject: Request by Huntington Beach City Elementary School District to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an overall average of 29.9 to one and the district requests to increase the maximum to 32 to one, prospectively (2010-11 and 2011-12 fiscal years).
Waiver Number: 58-4-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-10 Attachment 1 (DOC)
Item WC-11 (DOC)
Subject: Request by San Marino Unified School District to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an overall average of 30.1 to one and the district requests to increase the maximum to 39 to one, prospectively (2010-11 and 2011-12 fiscal years).
Waiver Number: 62-3-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-11 Attachment 1 (DOC)
Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)
Item WC-12 (DOC)
Subject: Request by Cabrillo Unified School District for Half Moon Bay 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-172-2010
(Recommended for APPROVAL)
- Item WC-12 Attachment 1 (DOC)
Item WC-13 (DOC)
Subject: Request by Durham Unified School District for Durham 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-341-2010
(Recommended for APPROVAL)
- Item WC-13 Attachment 1 (DOC)
Item WC-14 (DOC)
Subject: Request by Health Sciences High and Middle College Charter 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-186-2010
(Recommended for APPROVAL)
- Item WC-14 Attachment 1 (DOC)
Item WC-15 (DOC)
Subject: Request by Lakeport Unified School District for Clear Lake 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-187-2010
(Recommended for APPROVAL)
- Item WC-15 Attachment 1 (DOC)
Item WC-16 (DOC)
Subject: Request by The School of Arts and Enterprise Charter 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-21-2010
(Recommended for APPROVAL)
- Item WC-16 Attachment 1 (DOC)
Item WC-17 (DOC)
Subject: Request by Shoreline Unified School District for Tomales High Schools 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-20-2010
(Recommended for APPROVAL)
- Item WC-17 Attachment 1 (DOC)
Item WC-18 (DOC)
Subject: Request by Sierra-Plumas Joint Unified School District for Loyalton and Downieville High Schools 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-19-2010
(Recommended for APPROVAL)
- Item WC-18 Attachment 1 (DOC)
Instructional Time Requirement Audit Penalty (Charter - Minimum Instructional Time)
Item WC-19 (DOC)
Subject: Request by Oakland Charter High School under the authority of California Education Code Section 47612.6(a) to waive Education Code Section 47612.5 (c) the audit penalty for offering less instructional time in the 2008-09 fiscal year at for students in grades nine through eleven (shortfall of 2,640 minutes).
Waiver Number: 11-4-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-19 Attachment 1 (DOC)
- Item WC-19 Attachment 2 (DOC)
Quality Education Investment Act (Class Size Reduction Requirements)
Item WC-20 (DOC)
Subject: Request by Meadows Union Elementary 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 Meadows Elementary School (requesting 20.4:1 ratio on average in grade five).
Waiver Number: 36-3-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-20 Attachment 1 (DOC)
Item WC-21 (DOC)
Subject: Request by Napa Valley Unified School District to waive California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at Pueblo Vista Elementary School (requesting 24:1 ratio on average in grades four through eight).
Waiver Number: 44-3-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-21 Attachment 1 (DOC)
- Item WC-21 Attachment 2 (XLS)
Special Education Program (Extended School Year (Summer School))
Item WC-22 (DOC)
Subject: Request by Tehama 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 for an extended school year (summer school) for special education students.
Waiver Number: 12-5-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply.
- Item WC-22 Attachment 1 (DOC)
Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)
Item WC-23 (DOC)
Subject: Request by Simi Valley Unified School District to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Allison Bellefontaine to continue to provide services to students under a remediation plan to complete those minimum qualifications.
Waiver Number: 23-3-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL)
- Item WC-23 Attachment 1 (DOC)
Special Education Program (Non Public Agency (NPA or School (NPS) Annual Renewal of Certification)
Item WC-24 (DOC)
Subject: Request by Contra Costa SELPA under the authority of California Education Code Section 56101 to waive Education Code Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for La Cheim, a Nonpublic School.
Waiver Number: 52-4-2010
(Recommended for APPROVAL)
- Item WC-24 Attachment 1 (DOC)
Special Education Program (Resource Teacher Caseload)
Item WC-25 (DOC)
Subject: Request by Eastside Union Elementary School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Dawn Fox is assigned at Columbia Elementary School.
Waiver Number: 24-3-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-25 Attachment 1 (DOC)
Item WC-26 (DOC)
Subject: Request by Pixley Union Elementary School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Sonia Malingen is assigned at Pixley Elementary School and Pixley Middle School.
Waiver Number: 54-3-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-26 Attachment 1 (DOC)
Item WC-27 (DOC)
Subject: Request by Poway Unified School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Nancy Gross is assigned at Stone Ranch Elementary School, and Diana Clark is assigned at Highland Ranch Elementary School.
Waiver Number: 50-4-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-27 Attachment 1 (DOC)
Item WC-28 (DOC)
Subject: Request by Santa Paula Elementary School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Linda Ferris is assigned at Barbara Webster School.
Waiver Number: 41-3-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-28 Attachment 1 (DOC)
State Meal Mandate (Saturday School Session)
Item WC-29 (DOC)
Subject: Request by Lone Pine Unified School District to waive California Education Code Section 49550 the requirement that needy pupils be provided a nutritionally adequate free or reduced-price meal during each school day (State Meal Mandate) including classes conducted on Saturdays.
Waiver Number: 25-3-2010
(Recommended for APPROVAL) EC 33051(b) will apply.
- Item WC-29 Attachment 1 (DOC)
- Item WC-29 Attachment 2 (XLS)
- Item WC-29 Attachment 3 (DOC)
State Testing Apportionment Report (CELDT)
Item WC-30 (DOC)
Subject: Request by Santa Rita Union Elementary Union School District to waive the State Testing Apportionment Information Report and Certification 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: 22-4-2010
(Recommended for APPROVAL)
- Item WC-30 Attachment 1 (DOC)
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.
Administrator/Teacher Ratio (Administrator/Teacher Ratio in Elementary School District)
Item W-1 (DOC)
Subject: Request by Banta Elementary School District to waive California Education Code Section 41402(a), the requirement which sets the ratio of administrators to teachers for elementary schools at nine for every 100 teachers. Banta Elementary School District would like to continue to have two full-time administrators with 14 teachers.
Waiver Number: 63-2-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-1 Attachment 1 (DOC)
Class Size Penalties (Over Limit on Grades 4-8)
Item W-2 (DOC)
Subject: Request by Oceanside Unified School District to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an overall average of 29.9 to one and the district requests to increase the maximum to 32 to one, prospectively (2010-11 and 2011-12 fiscal years).
Waiver Number: 51-4-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-2 Attachment 1 (DOC)
Community Day Schools (CDS) (Collocate Facilities)
Item W-3 (DOC)
Subject: Request by Chico Unified School District for a waiver of California Education Code Section 48661(a) to permit the collocation of Academy for Change Community Day School and the Center for Alternative Learning Opportunity School at the Fair View Continuation School campus.
Waiver Number: 53-3-2010
(Recommended for APPROVAL)
- Item W-3 Attachment 1 (DOC)
Item W-4 (DOC)
Subject: Request by Victor Valley Union High School District for a waiver of California Education Code Section 48661(a) to permit the collocation of the district Community Day School on the same site with Goodwill High School, a continuation high school, at the Goodwill Education Center.
Waiver Number: 26-4-2010
(Recommended for APPROVAL)
- Item W-4 Attachment 1 (DOC)
Community Day Schools (CDS) (Commingle Grade Levels)
Item W-5 (DOC)
Subject: Request by Baker Valley Unified School District for a waiver of portions of California Education Code sections 48660 and 48916.1(d) to permit a community day school to serve students in grades three through six with students in grades seven through twelve.
Waiver Number: 40-3-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-5 Attachment 1 (DOC)
Instructional Materials Funding Realignment Program (IMFRP) (Petition to Purchase Special Education Non Adopted Material)
Item W-6 (DOC)
Subject: Petition request under California Education Code sections 60421(d) and 60200(g) by Los Angeles County Office of Education to purchase specified non-adopted instructional materials for severely disabled children using Instructional Materials Funding Realignment Program monies.
Waiver Number: 17-5-2010
(Recommended for APPROVAL)
- Item W-6 Attachment 1 (DOC)
Instructional Time Requirement Audit Penalty (Below 1982-83 Base Minimum Minutes)
Item W-7 (DOC)
Subject: Request by Orland Joint Unified School District under the authority of California Education Code Section 46206(a) to waive Education Code Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2009-10 fiscal year than the state minimum set in 1986-87 at Orland High School for students in grades nine through twelve (shortfall of 1,225 minutes).
Waiver Number: 51-3-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-7 Attachment 1 (DOC)
- Item W-7 Attachment 2 (DOC)
Item W-8 (DOC; 93KB; 3pp.)
Subject: Request by Paradise Unified School District under the authority of California Education Code Section 46206 to waive Education Code Section 46201(d), the Longer Day and Year Incentive Program audit penalty for offering less instructional time in the 2008-09 fiscal year than the district offered in 1982-83 at Pine Ridge School for students in grades one through eight (shortfall of 72 minutes).
Waiver Number: 26-3-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-8 Attachment 1 (DOC)
Instructional Time Requirement Audit Penalty (Charter - Minimum Instructional Time)
Item W-9 (DOC)
Subject: Request by Academia Avance Charter School under the authority of California Education Code Section 47612.6(a) to waive Education Code Section 47612.5 (c) the audit penalty for offering less instructional time in the 2007-08 fiscal year for students in grade nine (shortfall of 4,300 minutes).
Waiver Number: 48-4-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-9 Attachment 1 (DOC)
- Item W-9 Attachment 2 (DOC)
Instructional Time Requirement Audit Penalty (Fallen Below 180 Days)
Item W-10 (DOC)
Subject: Request by Vacaville Unified School District under the authority of California Education Code Section 46206 to waive Education Code Section 46200(c) audit penalty for offering less instructional time in the 2008-09 fiscal year at Padan Elementary, and Browns Valley Elementary for students in grades one through six (shortfall of two days).
Waiver Number: 72-2-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-10 Attachment 1 (DOC)
Out-of-State Use of Funds and Transportation Allowances
Item W-11 (DOC)
Subject: Request by Dunsmuir Joint Union High School District to waive a portion of California Education Code Section 35330(d) to authorize expenditure of school district funds for students to travel to Oregon to attend curricular and extra curricular trips/events and competitions.
Waiver Number: 23-4-2010
(Recommended for APPROVAL) EC 33051(b) will apply.
- Item W-11 Attachment 1 (DOC)
Quality Education Investment Act (Class Size Reduction Requirements)
Item W-12 (DOC)
Subject: Request by Anaheim Union High School District to waive California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce their class sizes by an average of five students per class by the end of the 2010–11 school year at Anaheim High School (requesting 23:1 ratio on average in grade nine).
Waiver Number: 62-4-2010
(Recommended for DENIAL)
- Item W-12 Attachment 1 (DOC)
- Item W-12 Attachment 2 (XLS)
Sale or Lease of Surplus Property (Sale of Surplus Property)
Item W-13 (DOC)
Subject: Request by Fountain Valley Elementary School District to waive portions of California Education Code sections 17466, 17472, 17473, 17474, and 17475, specific provisions for sale and lease of surplus property. Approval of the waiver would allow the district to sell two pieces of property using a broker and a “request for proposal” process, thereby maximizing the proceeds from the sale. The district properties for which the waiver is requested are the Lamb Property and the Wardlow Property, both located in Huntington Beach.
Waiver Number: 23-5-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-13 Attachment 1 (DOC)
School District Reorganization (Election of Governing Board)
Item W-14 (DOC)
Subject: Request by Fowler Unified School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas.
Waiver Number: 6-5-2010
(Recommended for APPROVAL)
- Item W-14 Attachment 1 (DOC)
Item W-15 (DOC)
Subject: Request by Southern Trinity Joint Unified School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to reduce the number of governing board members from seven to five.
Waiver Number: 46-4-2010
(Recommended for APPROVAL)
- Item W-15 Attachment 1 (DOC)
- Item W-15 Attachment 2 (DOC)
Schoolsite Council Statute (Number and Composition of Members)
Item W-16 (DOC)
Subject: Request by Dunsmuir Joint Union High 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 with a reduced number and composition to function for two small schools, Dunsmuir High School and Dunsmuir Community Day School.
Waiver Number: 22-3-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-16 Attachment 1 (DOC)
Item W-17 (DOC)
Subject: Request by Flournoy Union Elementary School District under the authority of the California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small rural school, Flournoy Elementary School.
Waiver Number: 7-3-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-17 Attachment 1 (DOC)
Item W-18 (DOC)
Subject: Request by Mineral Elementary School Disrict under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small rural school, Mineral Elementary School.
Waiver Number: 52-3-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-18 Attachment 1 (DOC)
Item W-19 (DOC)
Subject: Request by Taft Union High School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small continuation high school, Buena Vista Continuation High School.
Waiver Number: 50-3-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-19 Attachment 1 (DOC)
Item W-20 (DOC)
Subject: Request by Temple City Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small continuation high school, Dr. Doug Sears Learning Center.
Waiver Number: 33-3-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-20 Attachment 1 (DOC)
Schoolsite Council Statute (Shared Schoolsite Council)
Item W-21 (DOC)
Subject: Request by Shandon Joint Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council to function for four small schools.
Waiver Number: 24-4-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-21 Attachment 1 (DOC)
Special Education Program (Algebra I Requirement for Graduation)
Item W-22 (DOC)
Subject: Request by South East Consortium SELPA to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2009-10 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for one special education student based on Education Code Section 56101, the special education waiver authority.
Waiver Number: 37-4-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-22 Attachment 1 (DOC)
Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)
Item W-23 (DOC)
Subject: Request by Placer 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 Monica Egan to continue to provide services to students under a remediation plan to complete those minimum qualifications.
Waiver Number: 21-4-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-23 Attachment 1 (DOC)
Special Education Program (Extended School Year (Summer School))
Item W-24 (DOC)
Subject: Request by Siskiyou 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 for an extended school year (summer school) for special education students.
Waiver Number: 60-4-2010
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply.
- Item W-24 Attachment 1 (DOC)
TEACHER TENURE WHEN PART-TIME
Item W-25 (DOC)
Subject: Request by Old Adobe Union School District to waive a portion of California Education Code Section 44908, the requirement that a probationary employee who, in any one school year, has served for at least seventy-five percent of the number of days the regular schools of the district in which he is employed are maintained shall be deemed to have served a complete school year.
Waiver Number: 61-4-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-25 Attachment 1 (DOC)
Federal Program Waiver (Title I Part A - ARRA Waivers)
Item W-26 (DOC)
Subject: Request by 233 local educational agencies to waive up to six types of requirements pertaining to Title I, Part A of the Elementary and Secondary Education Act relating to the American Recovery and Reinvestment Act allocations for the
2009–10 fiscal year only.
Waiver Number: See attached list.
(Recommended for APPROVAL)
- Item W-26 Attachment 1 (DOC)
- Item W-26 Attachment 2 (XLS)
Special Education Program (Resource Teacher Caseload)
Item W-27 (DOC)
Subject: Request by Rio Dell Elementary School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Jennifer Cooper is assigned at Eagle Prairie Elementary School and Monument Middle School.
Waiver Number: 26-5-2010
(Recommended for DENIAL)
- Item W-27 Attachment 1 (DOC)
***ADJOURNMENT OF DAY’S SESSION***
***ADJOURNMENT OF MEETING***
For more information concerning this agenda, please contact the State Board of Education at 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone 916-319-0827; fax 916-319-0175. To be added to the speaker’s list, please fax or mail your written request to the above-referenced address/fax number. This agenda is posted on the State Board of Education’s Web site [http://www.cde.ca.gov/be/ag/].