May 2014 Waiver Item W-04 - Meeting Agendas (CA State ...



|California Department of Education |ITEM #W-04 |

|Executive Office | |

|SBE-005 General (REV. 12/2013) | |

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|CALIFORNIA STATE BOARD OF EDUCATION |

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|May 2014 AGENDA |

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|General Waiver |

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|SUBJECT |Action |

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|Request by ten local educational agencies 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 |Consent |

|school) for special education students. | |

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|Waiver Numbers: Anderson Union High School District 1-1-2014 | |

|Butte County Office of Education 89-2-2014 | |

|Chula Vista Elementary School District 30-1-2014 | |

|Cuyama Joint Unified School District 4-4-2014 | |

|Imperial County Office of Education 90-2-2014 | |

|National Elementary School District 110-2-2014 | |

|Oroville City Elementary School District 43-1-2014 | |

|San Diego County Office of Education 37-1-2014 | |

|South Bay Union School District 18-1-2014 | |

|Tehama County Office of Education 108-2-2014 | |

|SUMMARY OF THE ISSUES |

The local educational agencies (LEAs) request to be allowed to provide instruction in fewer than the 20 days required by law for extended school year (ESY). Each LEA proposes an alternate schedule that will allow them to provide the minimum number of hours required, but in fewer days.

Authority for Waiver: California Education Code (EC) Section 33050

|RECOMMENDATION |

Approval Approval with conditions Denial

The California Department of Education recommends that the State Board of Education (SBE) approve the request from ten LEAs to provide ESY services for fewer than 20 days with the condition that 80 hours or more of instruction be provided. (A minimum of 76 hours of instruction may be provided if a holiday is included.) Also, special education and related services offered during the extended year period must be comparable in standards, scope, and quality to the special education program offered during the

regular academic year as required by California Code of Regulations, Title 5 (5 CCR), Section 3043(d).

|SUMMARY OF KEY ISSUES |

Due to the current fiscal crisis in California, the Anderson Union High School District (AUHSD) proposes to provide ESY services to identified special education students utilizing a 15-day, five and one half hours instruction model rather than a traditional 20-day, four hours of instruction model. Students would receive the same or greater number of instructional minutes. The longer school day for ESY will align better with the regular school year providing more consistency for the students served. Fewer ESY days will result in substantial savings in transportation, utilities, janitorial, food services, administration and clerical costs.

Due to the continued fiscal unknowns in California, the Butte County Office of Education (BCOE) proposes to provide ESY services to identified special education students utilizing a 15-day, six hours of instruction model rather than the traditional 20-day, four hours of instruction model. Students would receive the same or greater number of instructional minutes. The operation of 15 days instead of 20 days would better match the district calendars of sites where BCOE classes are located, allowing students more opportunities to be with their typically developing peers. Fewer ESY days will result in substantial savings in transportation, utilities, janitorial, food services, administration, and clerical costs. The proposed model of providing 15 days of service will allow for all the expenses to be accounted for in one fiscal year, rather than two.

Chula Vista Elementary Unified School District (CVESD) proposes to do the following:

• To provide ESY services utilizing a 13-day model of 6.15 hours of instruction per day. This proposal aligns with the district’s modified school schedule which outlines a very short summer break which would not be effective with a traditional ESY schedule.

• The ESY schedule would run from June 11 to June 27, 2014; and would be operational for 13 days at 6.15 hours per day which would amount to the required 80 hours. This provides a 14 day break for certificated staff and 16 day break for students over the summer.

• This is deemed as a cost saving measure for the District as this change in the ESY schedule will allow for savings in transportation and operational costs; as well as work with the modified school calendar the district just recently adopted which called for shorter summer breaks.

The Cuyama Joint Unified School District has presented this proposal for one special day class, with a total of four students attending. The District proposes to provide ESY services utilizing a 16-day model offering 6 hours of instruction per day. This proposal actually provides a higher level of service, with a total of 84 hours of instruction, while the previous model (four hours per day over a 19 day period, including a holiday) provided 76 hours of instruction. The purposes of this proposal are: 1) to eliminate the need to have the program in July during peak temperatures of 99+ degrees; 2) to reduce the overall number of travel days, thereby reducing transportation costs for the District; and 3) to provide more intensive special education support in less time.

Imperial County Office of Education (ICOE) proposes to be allowed to do the following:

• To provide ESY services utilizing a 16-day model over a four week period of four day weeks, 4.75 hours per day, providing the same number of instructional hours equal to the traditional 20-day calendar, including holidays. The ICOE believes that an increase in daily instructional time over a period of 16 days will result in educational benefit for students. This change will align the operational needs of ICOE.

• This proposal would align with the ESY waiver El Centro Elementary School District (ECESD) plans to request. ECESD provides ESY services to some Imperial Valley Center for Exceptional Children students, a county program. Further, both programs utilize the ICOE’s transportation and support providers and ECESD houses the majority of ICOE’s classrooms, which allows for a rotation schedule with meal preparation costs between all concerned parties for students.

• The ESY schedule will be a four day week at 4.75 hours per day. This schedule allows for better alignment with ICOE summer hours and provides facility and transportation costs savings for local districts.

National Elementary School District requests the following be considered for the purpose of approving an ESY waiver for this summer:

• The National Elementary School District proposes to provide ESY services utilizing a 15-day model of five and one-half hours of instruction per day. This proposal aligns the district schedule with the regular academic schedule of students during the school year. This takes into consideration that the summer break is shorter this year for all students and there is not as much time available for family time over the summer break.

• The ESY schedule would be in effect from June 9 to June 27, 2014. The students and their families have indicated a preference for this kind of schedule which is aligned to their regular schedule. Furthermore, the LEA’s data shows summer school attendance being an issue after the 4th of July holiday. The LEA’s data shows that student attendance drops dramatically after the holidays. The LEA believes that by having this school schedule, it will circumvent the attendance issue.

• In the past the LEA has had difficulty in hiring qualified personnel. This schedule will help increase the quality of personnel hired for the ESY program because more special education staff are willing to teach a full schedule load for a shorter period of time so they can have a longer summer break (approximately three weeks, as opposed to 10 days) before the regular school term starts up again.

The Oroville City Elementary School District (OCESD) proposes to provide ESY services to identified special education students utilizing 15-day, 5.5-hour per day instructional model. Students would receive the same or greater number of instructional minutes. This would enable the OCESD to align its schedule with the BCOE which serves some of the OCESD students in its ESY program. The BCOE support staff provides needed services to OCESD students during the ESY. Transportation and support providers would then follow the same schedule for both agencies. During the 2012–13 school year, this model was successfully implemented and coordinated with the BCOE’s ESY services.

The San Diego County Office of Education (SDCOE) proposes to do the following:

• To provide ESY services utilizing a 13-day model of 6.15 hours of instruction per day. This proposal aligns with the CVESD ESY calendar. CVESD provides support services to Davila Day School, a school located within the SDCOE. Furthermore, both programs utilize the SDCOE’s transportation and support providers.

• This is deemed as a cost saving measure for the COE as this change in the ESY schedule will allow for savings in transportation and operational costs; as well as work with the modified school calendar the CVESD just recently adopted which calls for shorter summer breaks.

South Bay Union School District is a school district in a town that borders the United States and Mexico. The school calendar is modified in a way that allows the students and their families to cross the border into Mexico at regular intervals (fall break, Christmas break, and spring Break, two weeks in length at a time) to visit with families residing in Mexico. The number of students with individualized education programs (IEPs) utilizing ESY services is 246.

• The South Bay Union School District proposes to provide ESY services utilizing a 14-day model of 5.75 hours of instruction per day.

• The current school schedule, from the end of school year (which ends on

June 10, 2014) and the start of the new school year (which starts on July 28, 2014) only allows for 33 days of vacation to be utilized for ESY services. Utilizing an abbreviated schedule, but longer school days, allows the District to save money with staffing and transportation costs as well as allows students to have some vacation days over the summer months.

• The ESY schedule for this year will be from Monday, June 16 to Thursday,

July 3, 2014; and will be at 5.75 hours per day. School hours will be from 8:30 a.m. to 2:15 p.m. daily. The District will meet the mandated instructional hours for ESY services provided to the students in spite of its’ proposed abbreviated schedule.

The Tehama County Office of Education (TCOE) is requesting a waiver to allow the county run ESY program to operate for 15 days total, 10 days in June 2014 and 5 days in August 2014, which will allow the COE to avoid lost instructional time due to the 4th of July holiday and provide a “jump start” in August, facilitating the students’ readiness to learn prior to the school year opening.

The preschool program will run for four hours per day versus three hours per day, and the K-Adult programs will operate for 5 and one half hours per day versus four hours per day rather than the traditional 20 day program which provided three hours of instruction per day. The hours per day, per program, will actually increase the minutes of instruction over the ESY and will align better with the typical school day for all grade levels served.

All special education and related services that are offered during the extended year period will be comparable in standard, scope, and quality of those offered during the regular academic year as required by the CCR.

The CVESD meets the criteria for the SBE Streamlined Waiver Policy, available at , due to an individual school achieving an Academic Performance Index (API) of 800 or above in the current scoring cycle and meeting API growth targets for all subgroups. The CVESD has a 2013 Growth API of 863.

For the purposes of reimbursement for average daily attendance, an ESY program:

• Must provide instruction of at least as many minutes over the shorter period as would have been provided during a typical 20-day program;

• Must be the same length of time as the school day for pupils of the same age level attending summer school in the district in which the extended year program is provided, but not less than the minimum school day for that age unless otherwise specified in the IEP to meet a pupil's unique needs; and

• Must offer special education and related services during the extended year period that are comparable in standards, scope, and quality to the special education program offered during the regular academic year.

Because this is a general waiver, if the SBE decides to deny the waiver, it must cite one of the seven reasons in EC 33051(a), available at

.

|SUMMARY OF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND ACTION |

In the past, the SBE approved waivers to allow school districts to provide the required minimum amount of instruction in fewer days during the ESY for special education students.

Extended school year is the term for the education of special education students “between the close of one academic year and the beginning of the next,” similar to a summer school. It must be provided for each individual with exceptional needs whose IEP requires it. LEAs may request a waiver to provide an ESY program for fewer days than the traditional model.

|FISCAL ANALYSIS (AS APPROPRIATE) |

There is no statewide fiscal impact of waiver approval.

|ATTACHMENTS |

Attachment 1: Summary Table (4 pages)

Attachment 2: Anderson Union High School District General Waiver Request

1-1-2014 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 3: Butte County Office of Education District General Waiver Request

89-2-2014 (3 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 4: Chula Vista Elementary District General Waiver Request 30-1-2014

(2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 5: Cuyama Joint Unified School District General Waiver Request

4-4-2014 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 6: Imperial County Office of Education District General Waiver Request 90-2-2014 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 7: National Elementary School District General Waiver Request

110-2-2014 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 8: Oroville City Elementary School District General Waiver Request

43-1-2014 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 9: San Diego County Office of Education General Waiver Request

37-1-2014 (3 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 10: South Bay Union School District General Waiver Request 18-1-2014

(2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 11: Tehama County Office of Education General Waiver Request

108-2-2014 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Extended School Year Summary Table

Waiver Number |District |Period of Request |Demographics |Local Board and Public Hearing Approval Date |Bargaining Unit,

Representative Consulted, Date, and Position |Public Hearing Advertised |Advisory Committee or Site Council Consulted/ Date |Position of Committee/

Council | |1-1-2014 |Anderson Union High School District (AUHSD) |Requested:: 6/12/14 to 7/2/14

Recommended:

6/12/14 to 7/2/14 |Student population of 1,960, located in a small city in Shasta County |12/17/13 |California School Employees Association #382, Brian Moore, Chapter President, 1/8/14: Support

|Posted at all district schools, at the district office, and on the district website

|AUHSD Board of Trustees 12/17/13 |Support | |89-2-2014 |Butte County Office of Education |Requested::

7/1/14 to 7/1/16

Recommended:

6/1/15 to 6/30/15 |Serves a special education population of 140 students, located in Butte County

|2/10/14 |Butte County Teachers Association

Rachel Frank, President, 11/20/13: Support

California School Employees Association classified employees #436, Veronica Rosales

President, 1/21/14:

Support

California School Employees Association secretarial employees #736, Tammy Long, President, 12/16/13: Neutral

|Posted at each schoolsite and at three non-school locations

|Butte County Board of Education

2/10/14 |Support | |30-1-2014 |Chula Vista Elementary School District |Requested:: 6/11/14 to 6/27/14

Recommended:

6/11/14 to 6/27/14 |Student population of 29,000, located in a suburban environment in San Diego County

|12/11/13 |Chula Vista Educators,

Manual Yvallez, President, 12/11/13:

Neutral

|Posted at school sites |District Advisory Council/

District English Learner Advisory Committee12/18/13

|Support | |4-4-2014 |Cuyama Joint Unified School District |Requested:

6/9/14 to 6/27/14

Recommended:

6/9/14 to 6/27/14 |Student Population of 164, located in a rural setting in Santa Barbara County |3/13/2014 |California School Employees Association,

Michael Ostini, President, 3/07/14

Support

Santa Barbara County Education Association,

Laura Ishikawa, President, 2/27/14

Support

|Notice posted at each school; notice posted at public locations in the community.

|School Site Council

Community Council 2/24/14

|Support | |90-2-2014 |Imperial County Office of Education

|Requested:

6/16/14 to 7/10/14

Recommended:

6/16/14 to 7/10/14 |A student population of 553 students, located in a rural setting in Imperial County

|2/11/14 |Imperial County Office of Teachers’ Association, Yolanda Benito, President, 1/29/14:

Neutral |Advertised through the local newspaper, the Imperial Valley Press |Imperial Valley Center for Exceptional Children Schoolsite Council

1/29/14

|Support | |110-2-2014 |National Elementary School District

|Requested:

6/9/14 to 6/27/14

Recommended:

6/9/14 to 6/27/14 |Student population of 5,779, located in an urban environment in San Diego County |2/12/14 |National City Elementary Teachers Association,

Mary Kay Rosinski, Special Education Unit Representative, 11/19/13:

Support |Posted at all schools, at District Office, Testing Center and library

|District Advisory Committee

1/22/14 |Support | |43-1-2014 |Oroville City Elementary School District

|Requested:

6/10/14 to 6/30/15

Recommended:

6/10/14 to 6/30/15

|Student population of 2596, located in a small city in Butte County |1/15/14 |California School Employees’ Association,

Carla Held, President, 1/18/13: Support

Oroville Elementary Teachers’ Association,

Tina Light, President,

11/8/13: Support |Posting at each school, the District office and Web site, and the Butte County Office of Education

|Oroville City Elementary School District Board of Education

1/15/14 |Support

| |37-1-2014 |San Diego County Office of Education (SDCOE)

|Requested: 6/1/14 to 6/1/15

Recommended:

6/1/14 to 6/1/15 |The Davila Day School located within SDCOE, has a student population of 40, located in an urban environment in San Diego County |1/8/14 |Association of Educators, Ron Palaca, President, 11/11/13:

Support

California School Employees Association Chapter 56, Mike Reese, President, 11/11/13

Support

|Posted at the school and online. Printed copies were posted on campus |Special Education Community Advisory Committee

11/20/13 |Support | |18-1-2014 |South Bay Union School District

|Requested:

6/16/14 to 7/3/14

Recommended:

6/16/14 to 7/3/14 |Student population of 7739 students, located in a small city in San Diego County |12/12/13 |California School Employees Association, Chapter 59,

Beth Gillen, President, 11/1/13: Support

South West Teacher’s Association,

Lorena Garcia, President, 11/1/13:

Support

|District posting and meeting agenda |District Advisory Committee

11/5/13 |Support | |108-2-2014 |Tehama County Office of Education |Requested:

6/18/14 to 8/8/14

Recommended:

6/18/14 to 8/8/14 |Student population of 48, located in a rural area in Tehama County |1/15/14 |Tehama County Certificated Employees’ Organization,

Laura Ray, President, 12/6/13: Support

Tehama County Chapter #406, Dawn Retzlaff, President, 12/2/13:

Support

|Notice in newspaper, on-line, and on the entry door of Tehama County Office of Education |Community Advisory Council

12/20/13 |Support | |

Created by California Department of Education

March 27, 2014

California Department of Education

WAIVER SUBMISSION - General

CD Code: 4569856 Waiver Number: 1-1-2014 Active Year: 2014

Date In: 1/3/2014 12:04:49 PM

Local Education Agency: Anderson Union High School District

Address: 1469 Ferry St.

Anderson, CA 96007

Start: 6/12/2014 End: 7/2/2014

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: CCR, Title 5, Section 3043(d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: 5 CCR 3043 – Extended School Year. Extended school year services shall be provided for each individual with exceptional needs who has unique needs and requires special education and related services in excess of the regular academic year. . . .

(d) [An extended year program shall be provided for a minimum of 20 instructional days, including holidays.]

Outcome Rationale: Due to the current fiscal crisis in California, the Anderson Union High School District proposes to provide Extended School Year (ESY) services to identified special education students utilizing a fifteen (15) day, five and one half (5 ½) hours of instructional model rather than the traditional model of twenty (20) days with four (4) hours of instruction. Students will receive the same number of instructional minutes. The longer school day for ESY will align better with the regular school year providing more consistency for the students served. Fewer ESY days will result in substantial savings in transportation, utilities, janitorial, food services, administration, and clerical costs.

Student Population: 1960

City Type: Rural

Public Hearing Date: 12/17/2013

Public Hearing Advertised: Posted at all district schools, at the district office, and on the district website.

Local Board Approval Date: 12/17/2013

Community Council Reviewed By: AUHSD Board of Trustees

Community Council Reviewed Date: 12/17/2013

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Mr. Charlie Kennedy

Position: Director of Special Education

E-mail: ckennedy@

Telephone: 530-378-0568 x1661

Fax: 530-378-0834

Bargaining Unit Date: 1/08/14

Name: California School Employees Association #382

Representative: Brian Moore

Title: CSEA Chapter President

Position: Support

Comments:

California Department of Education

WAIVER SUBMISSION - General

CD Code: 0410041 Waiver Number: 89-2-2014 Active Year: 2014

Date In: 2/13/2014 11:30:34 AM

Local Education Agency: Butte County Office of Education

Address: 1859 Bird Street

Oroville, CA 95965

Start: 7/1/2014 End: 7/1/2016

Waiver Renewal: Y

Previous Waiver Number: 27-11-2012-W-14 Previous SBE Approval Date: 3/14/2013

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: CCR, Title 5, Section 3043(d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: 5 CCR 3043 – Extended School Year. Extended school year services shall be provided for each individual with exceptional needs who has unique needs and requires special education and related services in excess of the regular academic year. Such individuals shall have handicaps which are likely to continue indefinitely or for a prolonged period, and interruption of the pupil’s educational programming may cause regression, when coupled with limited recoupment capacity, rendering it impossible or unlikely that the pupil will attain the level of self-sufficiency and independence that would otherwise be expected in view of his or her handicapping condition. The lack of clear evidence of such factors may not be used to deny an individual an extended school year program if the individualized education program team determines the need for such a program and includes extended school year in the individualized education program pursuant to subsection (f). [(d) An extended year program shall be provided for a minimum of 20 instructional days, including holidays.]

Outcome Rationale: For the last two years, BCOE has applied for a waiver to Ed Code 5 CCR 3043 which discusses Extended School Year services. The waiver request addressed only the length of days an Extended School Year (ESY) program is offered. CDE has granted the waiver to BCOE since the 2011-12 school year.

We are seeking to renew this request for a General Waiver from the California Department of Education. If granted, the waiver would be in effect for two school years.

Rationale: Due to the continued fiscal unknowns in California, BCOE proposes to provide Extended School Year (ESY) services to identified special education students utilizing a fifteen (15) day, six (6.0) hours of instructional model rather than the traditional model of twenty (20) day with four (4) hours of instruction.

Students would receive the same or greater number of instructional minutes. The operation of ESY for 15 days instead of 20 will better match the district calendars of sites where BCOE classes are located allowing students more opportunities to be with their typically developing peers.

Surrounding districts, Oroville and Paradise are also seeking a waiver, which will again align services and supports to neighboring districts.

On a fiscal side, fewer ESY days will result in substantial savings in transportation, utilities, janitorial, food services, administration and clerical costs to districts. Lastly, the proposed model of providing 15 days of service will allow for all the expenses to be accounted for in one fiscal year, rather than two.

Student Population: 140

City Type: Rural

Public Hearing Date: 2/10/2014

Public Hearing Advertised: Notice posted at each school site and at 3 other non-school locations

Local Board Approval Date: 2/10/2014

Community Council Reviewed By: Butte County Board of Education

Community Council Reviewed Date: 2/10/2014

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms. Michelle Zevely

Position: Director of Special Education

E-mail: mzevely@

Telephone: 530-532-5792

Fax: 530-532-5794

Bargaining Unit Date: 11/20/2013

Name: Butte County Teachers Association

Representative: Rachel Frank

Title: President

Position: Support

Comments:

Bargaining Unit Date: 01/21/2014

Name: California School Employees Association, classified employees #436

Representative: Veronica Rosales

Title: President

Position: Support

Comments:

Bargaining Unit Date: 12/16/2013

Name: California School Employees Association, secretarial employees #736

Representative: Tammy Long

Title: President

Position: Neutral

Comments:

California Department of Education

WAIVER SUBMISSION - General

CD Code: 3768023 Waiver Number: 30-1-2014 Active Year: 2014

Date In: 1/13/2014 12:05:59 PM

Local Education Agency: Chula Vista Elementary School District

Address: 84 East J St.

Chula Vista, CA 91910

Start: 6/11/2014 End: 6/27/2014

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: CCR, Title 5, Section 3043(d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: 5 CCR 3043 (d)

Outcome Rationale: Chula Vista Elementary School District requests a waiver to modify the required 20 day extended school year. This waiver to apply to CVESD SPED programs. There is no summer school program for general education students in CVESD. For the 2013-14 school year, the district modified the calendar to be in close alignment with the secondary school district. This creates a short time period between school years. The 2013-14 school year ends on June 6 for students, and June 9 for teachers. The 2014-15 school year starts on July 21, 2014 for teachers, and July 23, 2014 for students.

Holding a traditional 20-day ESY would provide a schedule of June 11 – July 8, 4 hours/day, minus holiday (76 hours). This would provide a shortened time break period for students and staff, of only 8 days for staff, and 10 days for students.

Holding a modified 20-day ESY, would provide a schedule of June 11 – June 27, 13 days, 6.15 hours/day (80 hours). This would provide a break period of 14 work days for staff, and 16 school days for students. Students would receive the full 80 hours of instruction. Longer days can provide greater opportunity for instructional impact. Fewer days save operational and transportation costs.

Student Population: 29000

City Type: Suburban

Public Hearing Date: 12/11/2013

Public Hearing Advertised: Posted at school sites.

Local Board Approval Date: 12/11/2013

Community Council Reviewed By: District Advisory Council/District English Learner Advisory Committed

Community Council Reviewed Date: 12/18/2013

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Dr. John Nelson

Position: Assistant Superintendent

E-mail: john.nelson@

Telephone: 619-425-9600 x1502

Fax: 619-425-2704

Bargaining Unit Date: 12/11/2013

Name: Chula Vista Educators

Representative: Manuel Yvellez

Title: President

Position: Neutral

Comments:

California Department of Education

WAIVER SUBMISSION - General

CD Code: 4275010 Waiver Number: 4-4-2014 Active Year: 2014

Date In: 4/4/2014 10:06:16 AM

Local Education Agency: Cuyama Joint Unified School District

Address: 2300 Highway 166

New Cuyama, CA 93254

Start: 6/9/2014 End: 6/27/2014

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: CCR, Title 5, Section 3043(d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: California Code of Regulations (CCR), Title 5, Section 3043 (d): An extended year program shall be provided for a [minimum of 20 instructional days, including holidays.]

Outcome Rationale: Extended School Year (ESY) typically operates for 4 hours/day for 19 days (76 hours of instruction, plus one holiday). We propose to operate the ESY program for students in the Special Day Class (4 students total) at Cuyama Elementary School from 6/9/14-6/26/14 from 7:30-1:30 daily. This totals 84 instructional hours.

Rationale: This will provide the following benefits:

1) Students and staff would not be required to attend school during the month of July, when the average daily temperature in Cuyama is 99+ degrees.

2) Reduce travel days for students, thereby reducing transportation costs to the district.

3) Provide more intensive Special Education support in less time.

PLEASE NOTE: This request is for one program in the County only -- the Special Day Class located at Cuyama Elementary School, which is operated by Santa Barbara County Education Office. The ESY program serves 4 students, with 1 teacher and 1 Instructional Assistant.

Student Population: 164

City Type: Rural

Public Hearing Date: 3/13/2014

Public Hearing Advertised: Notice posted at each school; notice posted at public locations in the community.

Local Board Approval Date: 3/13/2014

Community Council Reviewed By: School Site Council

Community Council Reviewed Date: 2/24/2014

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms. Cathy DeLaurentis

Position: Coordinator, Special Education

E-mail: cdelaurentis@

Telephone: 805-922-0334 x2308

Fax: 805-922-6543

Bargaining Unit Date: 03/07/2014

Name: California School Employees Association

Representative: Michael Ostini

Title: President, Chapter 817

Position: Support

Comments:

Bargaining Unit Date: 02/27/2014

Name: Santa Barbara County Education Assoc., CTA/NEA

Representative: Laura Ishikawa

Title: President

Position: Support

Comments:

California Department of Education

WAIVER SUBMISSION - General

CD Code: 1310132 Waiver Number: 90-2-2014 Active Year: 2014

Date In: 2/13/2014 12:17:18 PM

Local Education Agency: Imperial County Office of Education

Address: 1398 Sperber Rd.

El Centro, CA 92243

Start: 6/16/2014 End: 7/10/2014

Waiver Renewal: Y

Previous Waiver Number: 31-2-2013-W-18 Previous SBE Approval Date: 5/8/2013

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: CCR, Title 5, Section 3043(d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: An extended year program shall be provided for a minimum of 20 instructional days, including holidays.

Outcome Rationale: The ICOE Special Education Program is requesting a waiver to CCR, Title 5, 3043(d). Title 5 California Code of Regulation 3043 (d) requires, “An extended year program shall be provided for a minimum of 20 instructional days, including holidays.” If approved, the waiver will allow operation of a 16 day Extended School Year program at 4.75 hours per day. The proposed dates are June 16, 2014 through July 10, 2014. The schedule proposed contains the same number required instructional minutes; however the four-day, 4.75 schedule allows for better alignment with the ICOE summer hours, and provides facility and transportation cost savings for local districts. Additionally, this proposed schedule and calendar would align with the summer schedule of El Centro Elementary School District, who is also requesting a similar waiver. ECESD houses the majority of our classrooms and is associated with IVCEC. Also ECESD provides breakfast and lunch to our El Centro based classrooms and IVCEC so alternate arrangements for the school breakfast and lunch program would not have to be made if our days of operation were in alignment with ECESD.

Student Population: 553

City Type: Rural

Public Hearing Date: 2/11/2014

Public Hearing Advertised: Hearing was advertised through the local newspaper, the Imperial Valley Press

Local Board Approval Date: 2/11/2014

Community Council Reviewed By: Imperial Valley Center for Exceptional Children Schoolsite Council

Community Council Reviewed Date: 1/29/2014

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Mr. Spencer Wavra

Position: Senior Director of Special Education

E-mail: swavra@

Telephone: 760-312-6428

Fax: 760-312-6530

Bargaining Unit Date: 01/29/2014

Name: Imperial County Office of Education Teachers' Association

Representative: Yolanda Benito

Title: ICOETA President

Position: Neutral

Comments:

California Department of Education

WAIVER SUBMISSION - General

CD Code: 3768221 Waiver Number: 110-2-2014 Active Year: 2014

Date In: 2/24/2014 12:08:33 PM

Local Education Agency: National Elementary School District

Address: 1500 N Ave.

National City, CA 91950

Start: 6/9/2014 End: 6/27/2014

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: Title 5, Section 3043(d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: California Code of Regulations (CCR), Title 5, Section 3043 (d) An extended year program shall be provided for a minimum of 20 instructional days, including holidays.

Outcome Rationale: California Code of Regulations (CCR), Title 5, Section 3043(d) requires that a District provide extended school year services (between the close of one academic year and the beginning of the next) to a student who has unique needs and requires special education and related services in excess of the regular academic year. CCR, Title 5 Section 3043(d) requires that the program be provided for a minimum of 20 instructional days, typically for four hours each day (no than the regular school day).

National School District is requesting to provide: 1) 15 full days of instruction (5.35 hours, grades K to 6th) to provide the 80 hours, as required; 2) the instructional minutes will be the same as the 20 days of instruction therefore ADA will be claimed for the 20 days; and 3) Education Code 33051 will apply.

National School District has determined that providing 15 full days (5.35 hours) of instruction that is equal to the mandated total of 80 hours for their extended school year provides more continuity for delivery of instruction for the special education programming for student. The District is requesting a waiver so that the extended year program for special education students may be modified to more closely match that of the regular day during the school year.

This allows waiver would allow special education students to participate in their educational experience and receive designated instructional services in a like schedule to their existing schedule, allow students and families the flexibility to plan for an extended break without interrupting the students’ educational program, and will assist in the recruitment of qualified special educational staff due to the compacted summer schedule. This waiver would further allow for simplification of transportation, maintenance/operations and food service issues.

Student Population: 5779

City Type: Urban

Public Hearing Date: 2/12/2014

Public Hearing Advertised: Notification posted at all schools, at District Office, Testing Center and library

Local Board Approval Date: 2/12/2014

Community Council Reviewed By: District Advisory Committee

Community Council Reviewed Date: 1/22/2014

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms. Meghann O'Connor

Position: Coordinator Student Support Services

E-mail: meghann.o'connor@national.k12.ca.us

Telephone: 619-336-7748

Fax: 619-336-7551

Bargaining Unit Date: 11/19/2013

Name: National City Elementary Teachers Association

Representative: MaryKay Rosinski

Title: Special Education Unit Representative

Position: Support

Comments:

California Department of Education

WAIVER SUBMISSION - General

CD Code: 0461507 Waiver Number: 43-1-2014 Active Year: 2014

Date In: 1/28/2014 10:33:00 AM

Local Education Agency: Oroville City Elementary School District

Address: 2795 Yard St.

Oroville, CA 95966

Start: 6/10/2014 End: 6/30/2015

Waiver Renewal: Y

Previous Waiver Number: 42-2-2013-W-18 Previous SBE Approval Date: 5/8/2013

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: CCR, Title 5, Section 3043 (d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: [An extended year program shall be provided for a minimum of 20 instructional days, including holidays.]

Outcome Rationale: The District proposes to provide ESY services to identified special education students utilizing a 15-day, 5.50-hour per day instructional model. Students will receive the same or greater number of instructional minutes. This will enable the District to align its schedule with the Butte County Office of Education which serves some of our students in their ESY program. BCOE support staff also provides needed services to OCESD students during ESY. Transportation and support providers would then follow the same schedule for both agencies.

During the 2012-13 school year, this model was succssfully implemented and coordinated with the Butte County Office of Education's extended school year services.

Student Population: 2596

City Type: Small

Public Hearing Date: 1/15/2014

Public Hearing Advertised: A notice was posted at the District Office and at each school site; on the District's website; and at two locations at the Butte County Office of Education.

Local Board Approval Date: 1/15/2014

Community Council Reviewed By: Oroville City Elementary School District Board of Education

Community Council Reviewed Date: 1/15/2014

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Dr. Penny Chennell-Carter

Position: Superintendent

E-mail: pchennel@

Telephone: 530-532-3000 x1

Fax: 530-532-3050

Bargaining Unit Date: 11/18/2013

Name: California School Employees' Association

Representative: Carla Held

Title: President

Position: Support

Comments:

Bargaining Unit Date: 11/08/2013

Name: Oroville Elementary Teachers' Association

Representative: Tina Light

Title: President

Position: Support

Comments:

California Department of Education

WAIVER SUBMISSION - General

CD Code: 3710371 Waiver Number: 37-1-2014 Active Year: 2014

Date In: 1/21/2014 9:31:28 AM

Local Education Agency: San Diego County Office of Education

Address: 6401 Linda Vista Rd.

San Diego, CA 92111

Start: 6/1/2014 End: 6/1/2015

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: California Code of Regulations, Title 5, Section 3043(d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: 3043 Extended school year services shall be provided for each individual with exceptional needs who has unique needs and requires special education and related services in excess of the regular academic year. Such individuals shall have handicaps which are likely to continue indefinitely or for a prolonged period, and interruption of the pupil’s educational programming may cause regression, when coupled with limited recoupment capacity, rendering it impossible or unlikely that the pupil will attain the level of self-sufficiency and independence that would otherwise be expected in view of his or her handicapping condition. The lack of clear evidence of such factors may not be used to deny an individual an extended school year program if the individualized education program team determines the need for such a program and includes extended school year in the individualized education program pursuant to subsection (f).

(a) Extended year special education and related services shall be provided by a school district, special education local plan area, or county office offering programs during the regular academic year.

(b) Individuals with exceptional needs who may require an extended school year are those who: (1) Are placed in special classes or centers; or (2) Are individuals with exceptional needs whose individualized education programs specify an extended year program as determined by the individualized education program team.

(c) The term “extended year” as used in this section means the period of time between the close of one academic year and the beginning of the succeeding academic year. The term “academic year” as used in this section means that portion of the school year during which the regular day school is maintained, which period must include not less than the number of days required to entitle the district, special education services region, or county office to apportionments of state funds.

(d) [An extended year program shall be provided for a minimum of 20 instructional days, including holidays]

Outcome Rationale: South County SELPA and San Diego County Office of Education on behalf of Davila Day School is requesting a waiver to modify the required 20 day extended school year (ESY) program to 12 days, due to the circumstances described below. This request is for the current school year only (2013-14).

South County SELPA has approximately 40 students with IEPs who qualify for extended school year. There is no summer school program for any other students in the SELPA. The Davila Day School’s is aligned with the host District’s (Chula Vista Elementary School District) calendar creating a much shorter time between school years. The last day of the regular 2013-14 school year is June 6th for students and June 9th for Teachers. The first day of the 2014-15 school year is July 21st , 2014 for teachers and July 23rd for Students. This shortened period provides only 31 week days to hold an ESY session.

A 12 day ESY program combined with a shortened 19 day period in the summer with no school, would still allow the County to address the regression and recoupment needs of identified students. An additional benefit would be a greater likelihood that the students’ teachers and aides will choose to work if the session is shorter.

The ESY program, for the purposes of reimbursement for average daily attendance, will provide instruction of at least as many minutes over the 12 day period as it would have during the typical 20 day ESY program and will receive the reimbursement for the 20 days of instruction.

Student Population: 40

City Type: Urban

Public Hearing Date: 1/8/2014

Public Hearing Advertised: A notice that included the time, date, location and subject of the hearing was posted at the school. Notice of the public hearing was also posted online. Printed copies were posted on campus.

Local Board Approval Date: 1/8/2014

Community Council Reviewed By: Special Education Community Advisory Committee

Community Council Reviewed Date: 11/20/2013

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Mr. Russell Coronado

Position: Senior Director

E-mail: rcoronado@

Telephone: 619-470-5224 x5226

Fax:

Bargaining Unit Date: 11/11/2013

Name: Association of Educators

Representative: Ron Palacz

Title: President

Position: Support

Comments:

Bargaining Unit Date: 11/11/2013

Name: California School Employees Association Chapter 56

Representative: Mike Reese

Title: President

Position: Support

Comments:

California Department of Education

WAIVER SUBMISSION - General

CD Code: 3768395 Waiver Number: 18-1-2014 Active Year: 2014

Date In: 1/7/2014 5:13:34 PM

Local Education Agency: South Bay Union School District

Address: 601 Elm Ave.

Imperial Beach, CA 91932

Start: 6/16/2014 End: 7/3/2014

Waiver Renewal: Y

Previous Waiver Number: 1-5-2013-W-13 Previous SBE Approval Date: 7/11/2013

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: CCR, Title 5, Section 3043(d)

Ed Code Authority: 33050

Ed Code or CCR 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.

Outcome Rationale: South Bay Union School District is requesting a waiver to modify the required 20 day extended school year (ESY) program to 14 days, due to the circumstances described below. This request is for the current school year only (2013-2014).

South Bay Union School District has approximately 246 students with IEPs who qualify for extended school year. There is no summer school program for any other students in the District. This school year, the district modified its school calendar to align with the area secondary schools, creating a much shorter time between school years. The last day of the regular 2013-2014 school year is June 10th for students and teachers. The first day of the

2014-2015 school year is anticipated to be July 28, 2014. This shortened period provides only 33 days to hold an ESY session.

A 14 day ESY program (June 16, 2014-July 3, 2014 for 5.75 hours/day) combined with a shortened period in the summer with no school, would still allow the District to address the regression and recoupment needs of identified students. An additional benefit would be a greater likelihood that the students’ teachers and aides will choose to work if the session is shorter.

The ESY program, for the purposes of reimbursement for average daily attendance, will provide instruction of at least as many minutes over the 14 day period as it would have during the typical 20 day ESY program and will receive the reimbursement for the 20 days of instruction. Longer days can provide greater opportunity for instructional impact. Fewer days may save operational and transportation costs.

Student Population: 7739

City Type: Small

Public Hearing Date: 12/12/2013

Public Hearing Advertised: District posting & meeting agenda

Local Board Approval Date: 12/12/2013

Community Council Reviewed By: District Advisory Committee

Community Council Reviewed Date: 11/5/2013

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms. Erin Lain

Position: Director, Student Services

E-mail: elain@

Telephone: 619-628-1660

Fax: 619-628-1669

Bargaining Unit Date: 11/01/2013

Name: California School Employees Association, Ch. 59

Representative: Beth Gillen

Title: President

Position: Support

Comments:

Bargaining Unit Date: 11/01/2013

Name: South West Teacher's Association

Representative: Lorena Garcia

Title: President

Position: Support

Comments:

California Department of Education

WAIVER SUBMISSION - General

CD Code: 5210520 Waiver Number: 108-2-2014 Active Year: 2014

Date In: 2/24/2014 10:37:28 AM

Local Education Agency: Tehama County Office of Education

Address: 1135 Lincoln St.

Red Bluff, CA 96080

Start: 6/18/2014 End: 8/8/2014

Waiver Renewal: Y

Previous Waiver Number: 48-3-2013 Previous SBE Approval Date: 7/11/2013

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: Title 5, Section 3043(d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: 3043(d) An extended year program shall be provided for a minimum of [20] instructional days, including holidays. (Change 20 to 15).

Outcome Rationale: The financial crisis in California has led us to look at how we can provide services in a smarter and leaner fashion. The TCDE is requesting a waiver to allow the County run Extended School Year (ESY) program to operate for 15 days total, 10 days in June 2014 and 5 days in August 2014, which will allow the Department to avoid lost instructional time due to the 4th of July holiday and provide a “Jump Start” in August, facilitating students readiness to learn prior to the school year opening. The preschool program will run for 4 hours per day vs. 3 hours per day, and the K-Adult programs will operate for 5.5 hours per day vs. 4 hours per day rather than the traditional 20 day program which provided three hours of instruction per day. The hours per day, per program, will actually increase the minutes of instruction over the Extended School Year and will align better with the typical school day for all grade levels served. All special education and related services that are offered during the extended year period will be comparable in standard, scope and quality of those offered during the regular academic year as required by California Code of regulations, Title 5, (5 CCR), Section 3043(d).

Fewer ESY days will result in substantial savings in transportation, utilities, janitorial, food serviced, administration and clerical costs.

Student Population: 48

City Type: Rural

Public Hearing Date: 1/15/2014

Public Hearing Advertised: Notice in newspaper, on-line and on the entry door to the Tehama County Depart. of Education

Local Board Approval Date: 1/15/2014

Community Council Reviewed By: Community Advisory Council (CAC)

Community Council Reviewed Date: 12/20/2013

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms. Julie Howard

Position: Assistant SELPA Director

E-mail: jhoward@

Telephone: 530-527-8636

Fax: 530-529-4134

Bargaining Unit Date: 12/06/2013

Name: Tehama County Certificated Employees' Organization

Representative: Laura Ray

Title: President

Position: Support

Comments:

Bargaining Unit Date: 12/02/2013

Name: Tehama County Chapter #406 (CSEA-TCDE)

Representative: Dawn Retzlaff

Title: President

Position: Support

Comments:

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