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SBE Agenda for September 2011

Agenda for the California State Board of Education (SBE) meeting to be held on September 7 and 8, 2011.
State Board Members

Michael W. Kirst, President
Trish Williams, Vice President

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

Secretary & Executive Officer

Hon. Tom Torlakson

Executive Director

Susan K. Burr

Schedule of Meeting Location

Wednesday, September 7, 2011
9:00 a.m. Pacific Time +

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

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

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

CLOSED SESSION AGENDA

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

  • Alejo, et al. v. Jack O’Connell, State Board of Education, et al., San Francisco Superior Court, Case No. CPF-09-50968
  • California School Boards Association, et al. v. California State Board of Education and Aspire Public Schools, Inc. Alameda Superior Court, Case No. 07353566
  • California School Boards Association 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
  • Doe, Jane, and Jason Roe v. State of California, Tom Torlakson, The California Department of Education, The State Board of Education, Los Angeles Superior Court, Case No. BC445151
  • Emma C., et al. v. Delaine Eastin, et al., United States District Court, Northern District of California, Case No. C 96 4179
  • EMS-BP, LLC, Options for Youth Burbank, Inc. et al. v. California Department of Education, et al., Sacramento County Superior Court, Case No. 03CS01078 / 03CS01079 and related appeal
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C 05 4077 MMC
  • Opportunity for Learning – PB, LLC; Opportunities for Learning – C, LLC, and Opportunities for Learning WSH, LLC Notice of Appeal Before the Education Audit Appeals Panel
  • Options for Youth, et al., v. California Department of Education, et al., Los Angeles Superior Court Case No. BC 347454
  • Options of Youth, - Burbank, Inc., San Gabriel, Inc., Upland, Inc., and Victor Valley  Notice of Appeal Before the Education Audit Appeals Panel, OAH #2006100966
  • Perris Union High School District v. California State Board of Education, California Department of Education, et al., Riverside Superior Court Case No. RIC520862
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • Reed v. State of California, Los Angeles Unified School District, State Superintendent of Public Instruction, Jack O’Connell, California Department of Education, and State Board of Education, et al., Los Angeles Superior Court, Case No. BC432420
  • Today’s Fresh Start, Inc., v. Los Angeles County Office of Education, et al., Los Angeles County Superior Court, Case No. BS112656
  • 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, September 7, 2011
9:00 a.m. Pacific Time +
(Upon Adjournment of Closed Session, if held.)

STATE BOARD OF EDUCATION
Public Session

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

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

Schedule of Meeting Location

Thursday, September 8, 2011
9:00 a.m. Pacific Time +

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

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

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

Schedule of Meeting Location

Thursday, September 8, 2011
9:00 a.m. Pacific Time +
(Upon Adjournment of Closed Session, if held.)

STATE BOARD OF EDUCATION
Public Session

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

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

ALL TIMES ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE ONLY

ALL ITEMS MAY BE RE-ORDERED TO BE HEARD ON ANY DAY OF THE NOTICED MEETING

THE ORDER OF BUSINESS MAY BE CHANGED WITHOUT NOTICE

Persons wishing to address the State Board of Education on a subject to be considered at this meeting, including any matter that may be designated for public hearing, are asked, but not required, to notify the State Board of Education Office (see telephone/fax numbers below) by noon of the third working day before the scheduled meeting/hearing, stating the subject they wish to address, the organization they represent (if any), and the nature of their testimony. Time is set aside for individuals so desiring to speak on any topic not otherwise on the agenda (please see the detailed agenda for the Public Session). In all cases, the presiding officer reserves the right to impose time limits on presentations as may be necessary to ensure that the agenda is completed.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY

Pursuant to the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, any individual with a disability who requires reasonable accommodation to attend or participate in a meeting or function of the California State Board of Education (SBE), may request assistance by contacting the SBE Office, 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone, 916-319-0827; fax, 916- 319-0175.

CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session

September 7, 2011

Wednesday, September 7, 2011 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held) 

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

Call to Order

Salute to the Flag

Closed Session

Communications

Announcements

REPORT OF THE STATE SUPERINTENDENT

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

AGENDA ITEMS

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

Subject: Parent Empowerment - Adopt Proposed Changes to the California Code of Regulations, Title 5, Sections 4800–4808.

Type of Action:  Action, Information 

Item 2 (DOC; 176KB; 14pp.)

Subject: Update on the Activities of the California Department of Education and State Board of Education Regarding Implementation of the Common Core State Standards and the Developments of the New Assessment System.

Type of Action:  Action, Information

***PUBLIC HEARING***

A Public Hearing on the following agenda item will commence no earlier than 10:00a.m. on Wednesday, September 7, 2011. The Public Hearing will be held as close to 10:00 a.m. as the business of the State Board permits.

Item 3 (Revised 30-Aug-2011; DOC; 83KB; 5pp.)

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

Type of Action:  Action, Information, Hearing

***END OF PUBLIC HEARING***

Item 4 (DOC; 99KB; 5pp.)

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

Type of Action:  Action, Information

Item 5 (DOC; 93KB; 4pp.)

Elementary and Secondary Education Act Update: School Improvement Grant: Status of Renewal of Funding for Year 2 of Cohort 1 Fiscal Year 2009 Local Educational Agencies and Schools for the Sub-Grants Under Section 1003(g), and other Elementary and Secondary Education Act Updates as Appropriate.

Type of Action:  Action, Information

Item 6 (DOC; 102KB; 12pp.)

Subject: Public Charter Schools Grant Program: Update, Including, But Not Limited to, the 2010–15 Grant Award and Revisions to California Code of Regulations, Title 5, Section 11968.5.

Type of Action:  Action, Information

***PUBLIC HEARING***

A Public Hearing on the following agenda items will commence no earlier than 1:00p.m. on Wednesday, September 7, 2011. The Public Hearing will be held as close to 1:00 p.m. as the business of the State Board permits.

Item 7 (DOC; 599KB; 65pp.)

Subject: New West Charter Middle School: Consideration of Petition to Renew Charter Currently Authorized by the State Board of Education.

Type of Action:  Action, Information, Hearing

Item 8 (DOC; 173KB; 6pp.)

Subject: New West Charter Middle School: Material Revision Request to Expand From Grades Six Through Eight to Grades Six Through Twelve School and to Change Location of the School.

Type of Action:  Action, Information, Hearing

***END OF PUBLIC HEARING***

Item 9 (DOC; 141KB; 9pp.)

Subject: Consideration of Requests for Determination of Funding Rates as Required for Nonclassroom-based Charter Schools for Carter G. Woodson Charter, Gold Rush Charter, Julian Charter, Mojave River Academy and W.E.B. DuBois Charter.

Type of Action: Action, Information

Item 10 (DOC; 219KB; 18pp.)

Subject: Consideration of Requests From Nonclassroom-based Charter Schools for “Reasonable Basis”/Mitigating Circumstances Changes in Funding Determinations Based on the California Code of Regulations, Title 5, Section 11963.4(e) for California Virtual Academy San Diego, Crossroads Trade Tech Charter, Northwest Prep Piner Olivet, Options for Youth Hermosa Beach, Options for Youth San Bernardino, Options for Youth Victorville, Opportunities for Learning Baldwin Park, Opportunities for Learning Baldwin Park II, Opportunities for Learning Hermosa Beach and Opportunities for Learning Santa Clarita.

Type of Action:  Action, Information

Item 11 (DOC; 76KB; 5pp.)

Subject:  Charter Revocation and Revocation Appeals - Approve Commencement of a Fourth 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 11965, 11968.1, 11968.5.1, 11968.5.2, 11968.5.3, 11968.5.4, 11968.5.5, and 11969.1.

Type of Action:  Action, Information

***ADJOURNMENT OF DAY’S SESSION***

Public Session

September 8, 2011

Thursday, September 8, 2011 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held) 

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

Call to Order

Salute to the Flag

Closed Session

Communications

Announcements

REPORT OF THE STATE SUPERINTENDENT

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

Item 12 (Revised 30-Aug-2011; DOC; 70KB; 2pp.)

Subject:  STATE BOARD PROJECTS AND PRIORITIES. Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; bylaw review and revision; Board policy; approval of minutes; Board liaison reports; training of Board members; and other matters of interest.  At this meeting, counsel will present training on the Bagley-Keene Open Meeting Act.

Type of Action:  Action, Information

Item 13 (DOC; 761KB; 25pp.)

Subject: Assessment and Accountability Update, Including, but Not Limited to, Standardized Testing and Reporting Results, California High School Exit Examination Results, and the Accountability Progress Reporting System 2011 Release.

Type of Action:  Action, Information

Item 14 (DOC; 496KB; 31pp.)

Subject:  Annual Report on Dropouts in California.

Type of Action:  Action, Information

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

Subject:  Standardized Testing and Reporting Program: Approval of California Modified Assessment Proposed Performance Standards Setting for English-Language Arts in Grade Ten and Eleven and Geometry and to Conduct the Regional Public Hearings.

Type of Action:  Action, Information

***PUBLIC HEARING***

A Public Hearing on the following agenda item will commence no earlier than 1:00p.m. on Thursday, September 8, 2011. The Public Hearing will be held as close to 1:00 p.m. as the business of the State Board permits.

Item 16 (DOC; 210KB; 19pp.)

Subject: California College, Career, and Technical Education Center: Hold a Public Hearing and Consider Revocation Pursuant to Education Code Section 47607(e).

Type of Action:  Action, Information, Hearing

***END OF PUBLIC HEARING***

WAIVERS

Charter School Program (Attendance Accounting for Multi-Track)

Item W-1 (DOC; 88KB; 4pp.)

Subject: Request by one county office of education and eight 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: 16-6-2011, 27-6-2011, 50-6-2011, 1-7-2011, 2-7-2011, 3-7-2011, 5-7-2011, 6-7-2011, and 8-7-2011

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

(Meets Waiver Policy: Charter School ADA: Alternative Calculation Method [DOC; 77KB; 3pp.])

Charter School Program (Pupil Teacher Ratio)

Item W- 2 (DOC; 81KB; 3pp.)

Subject: Request by Nevada County Office of Education to waive portions of California Education Code Section 51745.6, and California Code of Regulations, Title 5, Sections 11704, and portions of 11963.4(a)(3), related to charter school independent study pupil-to-teacher ratios to allow an increase from a 25:1 to a 27:1 pupil-to-teacher ratio at Twin Ridges Home Study Charter School.

Waiver Number: 38-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

(Meets Waiver Policy: Independent Study Average Daily Attendance (ADA)-to-Teacher Ratio [DOC; 80KB; 3pp.])

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

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

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

Waiver Numbers: 24-6-2011, 28-6-2011, and 25-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

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

Subject: Request by five 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 1 or the district’s 1964 average.

Waiver Numbers: 2-6-2011, 46-6-2011, 45-6-2011, 31-6-2011, and 47-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-5 (DOC; 81KB; 4pp.)

Subject: Request by seven districts, under the authority of California Education Code Section 41382, to waive portions of Education Code Sections 41376 (a), (c), and (d) and 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, the overall class size average is 31 to 1 with no class larger than 33. For grades one through three, the overall class size average is 30 to 1 with no class larger than 32.

Waiver Numbers: 1-6-2011, 22-6-2011, 43-6-2011, 28-5-2011, 37‑6‑2011, 11-6-2011, and 30-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

Community Day Schools (CDS) (Colocate Facilities and Commingle Grade Levels)

Item W-6 (Revised 30-Aug-2011; DOC; 78KB; 3pp.)

Subject: Request by Novato Unified School District for a waiver of California Education Code Section 48661(a) to permit the colocation of a community day school on the same site as a continuation high school and independent study center.

Waiver Number: 21-5-2011

(Recommended for APPROVAL)

(Meets SBE Streamlined Waiver Policy: SBE Streamlined Waiver Policy [DOC; 78KB; 2pp.])

Community Day Schools (CDS) (Colocate Facilities)

Item W-7 (Revised 30-Aug-2011; DOC; 79KB; 3pp.)

Subject: Request by Shasta Union High School District for a waiver of California Education Code Section 48661(a) to permit the colocation of Freedom Community Day School on the same site as Shasta High School, University Prep School, Pioneer High School, and North State Independence High School.

Waiver Number: 29-5-2011

(Recommended for APPROVAL)

(Meets SBE Streamlined Waiver Policy: SBE Streamlined Waiver Policy [DOC; 78KB; 2pp.])

Community Day Schools (CDS) (Colocate Facilities)

Item W-8 (Revised 30-Aug-2011; DOC; 78KB; 3pp.)

Subject: Request by Barstow Unified School District for a waiver of California Education Code Section 48661(a) to permit the colocation of School of Opportunity, a community day school, on the same site as Central High School, a continuation high school.

Waiver Number: 4-6-2011

(Recommended for APPROVAL)

Community Day Schools (CDS) (Collocate Facilities)

Item W-9 (Revised 30-Aug-2011; DOC; 79KB; 4pp.)

Subject: Request by Chico Unified School District for renewal of a waiver of California Education Code Section 48661(a) to permit the colocation of Academy for Change Community Day School and the Center for Alternative Learning Opportunity School at the Fair View Continuation School.

Waiver Number: 39-5-2011

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

Community Day Schools (CDS) (Colocate Facilities)

Item W-10 (Revised 30-Aug-2011; DOC; 78KB; 3pp.)

Subject: Request by Palo Verde Unified School District for a waiver of California Education Code Section 48661(a) to permit the colocation of Palo Verde Community Day School on the same site as Twin Palms Continuation High School.

Waiver Number: 34-5-2011

(Recommended for APPROVAL)

Community Day Schools (CDS) (Commingle Grade Levels)

Item W-11 (DOC; 78KB; 3pp.)

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

Waiver Number: 26-5-2011

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

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

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

Subject: Request by seven districts 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-63-2011, Fed-64-2011, Fed-65-2011, Fed-66-2011, Fed-68-2011, Fed-69-2011, and Fed-70-2011

(Recommended for APPROVAL)

(Meets Waiver Policy: Carl D. Perkins Career and Technology Education Improvement Act: Consortium Requirement for Minimum Allocation [DOC; 82KB; 2pp.])

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

Item W-13 (DOC; 80KB; 3pp.)

Subject: Request by Aspire East Palo Alto 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 at Aspire East Palo Alto Charter School for students in grade seven (shortfall of 24,030 minutes).

Waiver Number: 49-6-2011

(Recommended for DENIAL)

(Meets SBE Streamlined Waiver Policy: SBE Streamlined Waiver Policy [DOC; 78KB; 2pp.])

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-14 (DOC; 99KB; 5pp.)

Subject: Request by King City Union 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 Del Rey Elementary School and Santa Lucia Elementary School. (Requesting 26.4:1 student ratio on average in core classes in kindergarten, 24.7:1 grade one, 25.1:1 grade two, 28.8:1 grades three and four, and 29.9:1 for grade five at Del Rey Elementary School. Requesting 26.3:1 student ratio on average in core classes in kindergarten, 24.1:1 grade one, 25.9:1 grade two, 28.5:1 grades three and four, and 26.1 for grade five at Santa Lucia Elementary School. Also requesting the following student ratios on average in core classes for the 2011–12 school year at Del Rey Elementary School: kindergarten 20.83, grade one 21.0, grade two 20.50, grade three 20.83, grades four and five 23.0; and Santa Lucia Elementary School kindergarten 23.67, grade one 23.17, grade two 18.67, grade three 21.33, grade four 23.0, and grade five 23.60.)

Waiver Number: 52-4-2011

(Recommended for DENIAL)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-15 (DOC; 81KB; 4pp.)

Subject: Request by Round Valley Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at Round Valley Elementary School (requesting to average class sizes to 20:1 for grades four through eight as opposed to meeting individual grade level class sizes).

Waiver Number: 9-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-16 (DOC; 80KB; 4pp.)

Subject: Request by Sacramento City Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at Luther Burbank High School (requesting 18.6:1 ratio on average in grade nine).

Waiver Number: 11-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Money to Follow Identified Students)

Item W-17 (DOC; 85KB; 4pp.)

Subject: Request by Los Angeles Unified School District to waive California Education Code Section 52055.750(a)(9) regarding funds expenditure requirements under the Quality Education Investment Act in order to allow funds from San Fernando Middle School and Lincoln High School to follow identified students who will be transferring to San Fernando Institute of Applied Learning and Leadership in Entertainment and Media Arts to ensure that they will not lose the benefits of the Quality Education Investment Act.

Waiver Number: 71-10-2010

(Recommended for DENIAL)

Quality Education Investment Act (Money to Follow Identified Students)

Item W-18 (DOC; 79KB; 4pp.)

Subject: Request by Herber Elementary School District to waive California Education Code Section 52055.750(a)(9) regarding funds expenditure requirements under the Quality Education Investment Act in order to allow funds from Herber Elementary School to follow identified students who will be transferring to one new school, Dogwood Elementary School to ensure that they will not lose the benefits of the Quality Education Investment Act.

Waiver Number: 36-6-2011

(Recommended for DENIAL)

Quality Education Investment Act (Teacher Experience Index)

Item W-19 (DOC; 87KB; 4pp.)

Subject: Request by Planada Elementary School District to waive portions of California Education Code Section 52055.740(a), regarding Teacher Experience Index requirements under the Quality Education Investment Act, that this funded school have an average experience index of classroom teachers in the school equal to or exceeding the average for the school district by the end of the 2010–11 school year at Planada Elementary School (requesting revised goal of 7.8).

Waiver Number: 61-2-2011

(Recommended for APPROVAL WITH CONDITIONS)

(Meets SBE Streamlined Waiver Policy: SBE Streamlined Waiver Policy [DOC; 78KB; 2pp.])

Quality Education Investment Act (Teacher Experience Index)

Item W-20 (DOC; 84KB; 4pp.)

Subject: Request by Bakersfield City School District to waive portions of California Education Code Section 52055.740(a), regarding Teacher Experience Index requirements under the Quality Education Investment Act, that this funded school have an average experience index of classroom teachers in the school equal to or exceeding the average for the school district by the end of the 2010–11 school year at Jefferson Elementary School and Mt. Vernon Elementary School (requesting revised goal of 6.8 and 7.1, respectively).

Waiver Number: 83-2-2011

(Recommended for DENIAL)

Quality Education Investment Act (Teacher Experience Index)

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

Subject: Request by Chula Vista Elementary School District to waive portions of California Education Code Section 52055.740(a), regarding the Teacher Experience Index under the Quality Education Investment Act, that this funded school have an average experience index of classroom teachers in the school equal to or exceeding the average for the school district by the end of the 2010–11 school year at Silver Wing Elementary School (requesting revised target of 5.2).

Waiver Number: 22-4-2011

(Recommended for DENIAL)

Quality Education Investment Act (Teacher Experience Index)

Item W-22 General (DOC; 86KB; 4pp.)

Subject: Request by Cutler-Orosi Joint Unified School District to waive portions of California Education Code Section 52055.740(a), regarding Teacher Experience Index requirements under the Quality Education Investment Act, that this funded school have an average experience index of classroom teachers in the school equal to or exceeding the average for the school district by the end of the 2010–11 school year at El Monte Middle School (requesting revised goal of 5.9).

Waiver Number: 126-2-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Teacher Experience Index)

Item W-23 (DOC; 84KB; 4pp.)

Subject: Request by Dinuba Unified School District to waive portions of California Education Code Section 52055.740(a), regarding Teacher Experience Index requirements under the Quality Education Investment Act, that this funded school have an average experience index of classroom teachers in the school equal to or exceeding the average for the school district by the end of the 2010–11 school year at John F. Kennedy Academy, (requesting revised goal of 6.6, respectively).

Waiver Number: 52-3-2011

(Recommended for DENIAL)

Quality Education Investment Act (Teacher Experience Index)

Item W-24 (DOC; 86KB; 4pp.)

Subject: Request by Dinuba Unified School District to waive portions of California Education Code Section 52055.740(a), regarding Teacher Experience Index requirements under the Quality Education Investment Act, that this funded school have an average experience index of classroom teachers in the school equal to or exceeding the average for the school district by the end of the 2010–11 school year at Wilson Elementary School and Jefferson Elementary School (requesting revised goal of 7.7 and 7.5, respectively).

Waiver Numbers: 53-3-2011 and 54-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Teacher Experience Index)

Item W-25 (Revised 30-Aug-2011; DOC; 82KB; 4pp.)

Subject: Request by Los Angeles Unified School District to waive portions of California Education Code Section 52055.740(a), regarding the Teacher Experience Index, Highly Qualified Teacher requirements, and Williams’s settlement agreement requirements under the Quality Education Investment Act, so that the full implementation of these programmatic requirements is not required until 2012–13 at Alain LeRoy Locke Charter High School, Animo Locke #1, Animo Locke #2, Animo Locke #3, and Animo Locke ACE Academy.

Waiver Number: 8-5-2011

(Recommended for DENIAL)

Quality Education Investment Act (Teacher Experience Index)

Item W-26 (DOC; 84KB; 4pp.)

Subject: Request by Mountain Empire Unified School District to waive portions of California Education Code Section 52055.740(a), regarding Teacher Experience Index requirements under the Quality Education Investment Act, that this funded school have an average experience index of classroom teachers in the school equal to or exceeding the average for the school district by the end of the 2010–11 school year at Clover Flat Elementary School (requesting revised goal of 5.78).

Waiver Number: 37-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Teacher Experience Index)

Item W-27 (DOC; 87KB; 4pp.)

Subject: Request by Petaluma City Elementary School District to waive portions of California Education Code Section 52055.740(a), regarding Teacher Experience Index requirements under the Quality Education Investment Act, that this funded school have an average experience index of classroom teachers in the school equal to or exceeding the average for the school district by the end of the 2010–11 school year at McKinley Elementary School (requesting revised goal of 6.48).

Waiver Number: 4-4-2011

(Recommended for DENIAL)

Quality Education Investment Act (Teacher Experience Index)

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

Subject: Request by San Diego Unified School District to waive portions of California Education Code Section 52055.740(a), regarding the Teacher Experience Index under the Quality Education Investment Act, that this funded school have an average experience index of classroom teachers in the school equal to or exceeding the average for the school district by the end of the 2010–11 school year at Mann Middle School (requesting revised target of 5.5).

Waiver Number: 13-5-2011

(Recommended for DENIAL)

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

Item W-29 (DOC; 84KB; 4pp.)

Subject: Request by Norwalk-La Mirada Unified School District to waive all of California Education Code Sections 17473 and 17474 and portions of 17466, 17472, and 17475 regarding competitive bidding process for the lease of a surplus property (unused former school property). The district has entered into a long-term lease with Biola University for approximately half of 8.8 acres located at 14540 San Cristobal Drive, La Mirada, and wishes to lease the balance of facility and land using non-competitive bidding.

Waiver Number: 48-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

School Construction Bonds (Citizens Oversight Committee - Term Limits)

Item W-30 (DOC; 74KB; 3pp.)

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

Waiver Number: 15-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Shared Schoolsite Council)

Item W-31 (Revised 30-Aug-2011; DOC; 71KB; 2pp.)

Subject: Request by Surprise Valley Joint Unified under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, allowing one joint schoolsite council to function for four small schools: Surprise Valley Jr/Sr High School, Surprise Valley Elementary School, Surprise Valley Community Day School, and Great Basin Continuation High School.

Waiver Number: 37-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

(Meets Waiver Policy: Schoolsite Councils for Small Schools Sharing Common Services or Attendance Areas [DOC; 106KB; 2pp.])

Schoolsite Council Statute (Shared Schoolsite Council)

Item W-32 (DOC; 70KB; 2pp.)

Subject: Request by Merced County Office of Education 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 Valley Community School, Valley Los Banos Community Day School, Valley Atwater Community Day School, and Merced County Juvenile Hall/Community School.

Waiver Number: 14-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Number and Composition of Members)

Item W-33 (DOC; 68KB; 2pp.)

Subject: Request by Carpinteria Unified School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small school, Rincon Continuation High School

Waiver Number: 56-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Number and Composition of Members)

Item W-34 (DOC; 68KB; 2pp.)

Subject: Request by Carpinteria Unified School District District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small school, Summerland Elementary School.

Waiver Number: 61-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Number and Composition of Members)

Item W-35 (DOC; 68KB; 2pp.)

Subject: Request by Kern 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 rural school, Summit Continuation High School.

Waiver Number: 26-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Number and Composition of Members)

Item W-36 (Revised 30-Aug-2011; DOC; 68KB; 2pp.)

Subject: Request by Kern Union Highn 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 school, Central Valley Continuation High School.

Waiver Number: 25-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Number and Composition of Members)

Item W-37 (DOC; 70KB; 2pp.)

Subject: Request by Sausalito Marin City School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, allowing one joint schoolsite council to function for two small schools, Bayside Elementary School and Martin Luther King Jr. Academy Middle School.

Waiver Number: 18-5-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Number and Composition of Members)

Item W-38 (DOC; 69KB; 2pp.)

Subject: Request by Trinity Center Elementary 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 rural school, Trinity Center Elementary School.

Waiver Number: 7-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-39 (DOC; 68KB; 2pp.)

Subject: Request by Carpinteria Unified School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small school, Carpenteria Family School.

Waiver Number: 57-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item W-40 (DOC; 70KB; 2pp.)

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

Waiver Number: 42-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item W-41 (DOC; 70KB; 2pp.)

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

Waiver Number: 41-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item W-42 (DOC; 71KB; 2pp.)

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

Waiver Number: 55-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-43 (DOC; 99KB; 6pp.)

Subject: Request by Sutter County Office of Education for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Julie Nelson to continue to provide services to students until June 30, 2012, under a remediation plan to complete those minimum requirements.

Waiver Number: 40-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-44 (DOC; 72KB; 3pp.)

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

Waiver Number: 54-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

(Consent due to meeting California Code of Regulations, Title 5, Section 3043(d))

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

Item W-45 (DOC; 75KB; 3pp.)

Subject: Request by National Elementary School District to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year service for special education students.

Waiver Number: 18-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

(Consent due to meeting California Code of Regulations, Title 5, Section 3043(d))

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

Item W-46 (DOC; 65KB; 2pp.)

Subject: Request by Napa Valley Unified School District Special Education Local Plan Area under authority of California Education Code Section 56101 to waive Education Code Section 56366.1(h), the August through October 31 timeline for an annual certification renewal application, for My Therapy Company, a nonpublic agency.

Waiver Number: 62-4-2011

(Recommended for APPROVAL)

(Meets Waiver Policy: Nonpublic School/Agency Certification (Annual Renewal Application Deadline) [DOC; 72KB; 1p.])

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

Item W-47 (DOC; 65KB; 2pp.)

Subject: Request by Santa Barbara County Local Plan Area under authority of California Education Code Section 56101 to waive Education Code Section 56366.1(h), the August through October 31 timeline for an annual certification renewal application, for The Language Center, a nonpublic agency.

Waiver Number: 23-6-2011

(Recommended for APPROVAL)

(Meets Waiver Policy: Nonpublic School/Agency Certification (Annual Renewal Application Deadline) [DOC; 72KB; 1p.])

Special Education Program (Resource Teacher Caseload)

Item W-48 (DOC; 76KB; 3pp.)

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). Julie Goodwin is assigned to Monterey Ridge Elementary School.

Waiver Number: 3-6-2011

(Recommended for APPROVAL WITH CONDITIONS)

(Meets California Code of Regulations, Title 5, Section 3100(d)(2))

State Testing Apportionment Report (CAHSEE and CELDT)

Item W-49 (DOC; 76KB; 3pp.)

Subject: Request by Los Angeles Unified School District for Vaughn Next Century Learning to waive the State Testing Apportionment Information Report and Certification deadline of December 31 in the California Code of Regulations, Title 5, Sections 1225(b)(2)(A) and 11517.5(b)(1)(A) for the California High School Exit Examination and the Califonia English Language Development Test.

Waiver Number: 38-6-2011

(Recommended for APPROVAL)

(Meets Waiver Policy: State Testing Apportionment Informational Report Deadline [DOC; 76KB; 2pp.])

State Testing Apportionment Report (CELDT)

Item W-50 (DOC; 80KB; 4pp.)

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

Waiver Number: 8-6-2011, 17-6-2011, 19-5-2011, and 22-5-2011

(Recommended for APPROVAL)

(Meets Waiver Policy: State Testing Apportionment Informational Report Deadline [DOC; 76KB; 2pp.])

***END OF WAIVERS***

Item 17 (DOC; 297KB; 52pp.)

Subject: Charter Renewal: Adopt Proposed California Code of Regulations, Title 5, Sections 11966.4, 11966.5, 11966.6, 11966.7, 11967, and 11967.5.1.

Type of Action:  Action, Information

Item 18 (DOC; 74KB; 3pp.)

Subject:  Assignment of Numbers for Charter School Petitions.

Type of Action:  Action, Information

Item 19 (DOC; 4.1MB; 445pp.)

Subject: Revisions to the California School Accounting Manual.

Type of Action:  Action, Information

Item 20 (DOC; 2.9MB; 55pp.)

Subject:  Approval of 2011–12 Consolidated Applications.

Type of Action:  Action, Information

Item 21 (DOC; 81KB; 7pp.)

Subject:  Inclusion of Alternative Education Program Accountability Results in the Academic Performance Index – Adopt Amendments to the California Code of Regulations, Title 5, Sections 1039.2 and 1039.3.

Type of Action:  Action, Information

Item 22 (DOC; 69KB; 4pp.)

Subject:  Permits to Employ and Work – Adopt Proposed California Code of Regulations, Title 5, Sections 10120.1 through 10121.

Type of Action:  Action, Information

Item 23 (Updated 31-Aug-2011; DOC; 66KB; 2pp.)

Subject:  Elementary and Secondary Education Act: Annual Trustee Reports and Recommendations on Progress Made by Alisal Union Elementary School District and Greenfield Union School District.

Type of Action:  Action, Information

Item 24 (DOC; 58KB; 1p.)

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

Type of Action:  Action, Information

***ADJOURNMENT OF 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: Wednesday, March 08, 2023
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