Final Minutes May 7-8, 2008 - SBE Minutes (CA State Board ...
Wednesday, May 7 and Thursday, May 8, 2008
Members Present
Jim Aschwanden
Alan Bersin
Yvonne Chan (Wednesday)
Gregory Jones
Monica Liu
David Lopez
Ted Mitchell (present part of Wednesday)
Ken Noonan
Johnathan Williams
Members Absent
Ruth Bloom (Wednesday and Thursday)
Yvonne Chan (Thursday)
Don Fisher (Wednesday and Thursday)
Ted Mitchell (absent part of Wednesday)
Secretary and Executive Officer
Jack O’Connell, State Superintendent of Public Instruction
Principal Staff
Marsha Bedwell, General Counsel, California Department of Education
Kathy Dobson, Executive Assistant, State Board of Education
Jaime Hastings, Staff Services Analyst, California Department of Education
Jennifer Johnson, Education Policy Consultant, State Board of Education
Bob LaLiberte, Special Consultant, State Board of Education
Debora Merle, Executive Director, State Board of Education
Gavin Payne, Chief Deputy Superintendent, California Department of Education
Debbie Rury, Deputy Executive Director, State Board of Education
Michelle Zumot, Education Policy Assistant, California Department of Education
President Mitchell called the meeting to order at 9:00 A.M.
Member Bersin led the Pledge of Allegiance
Approval of Minutes
• ACTION: Member Bersin moved to approve the minutes from the March 12-13, 2008 Board meeting. Member Noonan seconded the motion. The motion was approved by a vote of 6-0. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Adjournment to Closed Session
President Mitchell called a closed session on Thursday, May 8 at 8:00 a.m.
CLOSED SESSION
President Mitchell reconvened the meeting into open session at 9:10 a.m.
Report on Actions
President Mitchell announced that the Board, in closed session, received updates on pending litigation matters from CDE counsel.
Report of the Superintendent
Superintendent O’Connell shared with the board members a theme of questions he’s been consistently asked about when out in the field. According to Superintendent O’Connell, educators and those outside the education field, continue to inquire as to the state’s high school dropout rate. The difficulty in answering such a question for O’Connell, however, centers on the fact that different criteria are used to answer this question. Recognizing that the number is too high, whichever method is employed, O’Connell shared that he is working toward gaining a better understanding of both the actual numbers and the reasoning behind these dropout rates. Specifically, Superintendent O’Connell is focusing on student identifiers, which require schools to use exit codes. Exit codes will identify specific reasons for a student dropping out of school. More information is available on the CDE’s web site.
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Item 1
Subject: STATE BOARD PROJECTS AND PRIORITIES.
Including, but not limited to, future meeting plans; agenda items, and officer elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; Board Liaison Reports; and other matters of interest
Type of Action: Information
Updated Information Regarding this Month’s Meeting
President Mitchell announced that items 9, 11 and 12 were pulled and will be heard in July. Items 3 and 4 were moved to Thursday, May 8 and will be followed by items 35 and 33, waivers and item 32 at 1:00 p.m. ending with the remaining waivers and item 34. President Mitchell also moved the proposed consent calendar noting that items 20-31 were on the consent calendar. President Mitchell noted various amendments regarding the consent calendar. Specifically, Item 23 is presented “and is contingent upon funding” and the language will be amended for the minutes to show that the amended language was incorporated. Item 26 is a typographical error of page six of the report. The use of the acronym SAIT was incorrectly written as “School Academic Intervention Team” instead of “School Assistance and Intervention Team.” The language will be corrected in the minutes to reflect the correct language. Lastly, President Mitchell addressed waivers. Waivers on consent included WC-1-WC-9 and WC-11-WC-15. Proposed waiver consent items included W-5, W-8, W-10, W-11, W-18-W-25, W-27-W-32, and W-34. Mitchell noted that W-18 and W-19 language will be added that states that “these waivers will be subject to modification in accordance with any changes in the underlying statute.” Waivers not on consent included WC-10, W-1-W-4, W-6, W-7, W-9, W-12-17, W-26 and W-33. President Mitchell introduced Debora Merle as executive director, Jennifer Johnson as education program policy consultant and Kathy Sumida as the Board’s new receptionist.
Liaison Assignments
Member Noonan updated board members on the status of the English Learner Advisory Committee. As of today a draft proposal is being reviewed by ELAC board liaisons. A final copy will be presented at the next board meeting. A special thank you went out to former SBE Interim Executive Director Gary Borden for his many efforts in drafting the ELAC proposal. Mr. Noonan noted that the ELAC would be comprised of nine individuals that bring various English learner perspectives to the committee. Additionally, Mr. Noonan noted that SBE staff would post a call for applications on its web site. Mr. Bersin shared his concern in disseminating the information to field practitioners in a timely manner given the fact that it’s the conclusion of the academic school year. Member Chan echoed the need to have committee members with various types of expertise. Mr. Noonan concurred with both comments. Noonan agreed that the announcement and application would need to be posted on the SBE web site as soon as possible with interviews taking place shortly thereafter. Lastly, SBE staff would be charged with preparing the applications, interviews and overall logistics in an effort to allow the selection committee enough time to bring forth recommendations to the next board meeting.
Member Chan briefly spoke with the board members regarding her participation as a liaison to the Advisory Committee on Special Education. Member Chan noted that the Special Education community needs to look beyond the CAHSEE in an effort to appreciate the big picture of students with disabilities that have not been able to close or narrow the achievement gap. Specifically, the Special Education community will want to consider reviewing instructional delivery, credentialing and various additional issues resonating for field practitioners, Special Education students and families of Special Education students.
No action was taken on this item.
Item 2
Subject: PUBLIC COMMENT.
Public comment is invited on any matter not included on the printed agenda. Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations.
Type of Action: Information
Public comment was received from a variety of individuals. Margaret Day Armand, a retired high school math teacher. Ms. Armand shared her thoughts with board members regarding the revised general Math CST. Kim Shipp from Oakland, California spoke to board members sharing her concerns regarding current efforts being employed to close
the achievement gap. Juan Godinez, a parent of a child attending the Los Angeles Unified School District (LAUSD) and member of the Parent Collaborative, spoke to board members about his concern regarding parental involvement. Bill Ring, also speaking as a member of the Parent Collaborative of the LAUSD, shared his thoughts regarding capacity-building. Dr. Onkar Bindra shared his appreciation of the board members regarding their decision to remove specific words from a publication, which were found to be derogatory and unacceptable to the Sikh community.
No action was taken on this item.
Item 3
Subject: No Child Left Behind Act of 2001: Recommendations Related to California’s Assignment of Corrective Actions for Local Educational Agencies in Program Improvement Corrective Action
Type of Action: Action, Information
Fred Balcolm from the Accountability and Improvement Division presented this item and requested adjustments of the timelines that the board members required at the May meeting regarding the 97 LEAs required to complete their LEA plan. Public comment was received from Martha Zaragoza-Diaz representing Californians Together and the California Association for Bilingual Education, Sherry Skelly Griffith from the Association of California School Administrators, Holly Jacobson from the California School Boards Association, Linda MacDonell with the Orange County Department of Education, Peggy Barber from the Los Angeles Unified School District, and Kenneth Young, Trustee, Coachella Valley Unified School District. A lengthy discussion followed amongst board members.
• ACTION: Member Noonan moved to add (8) under Item 3 to provide that DAIT team reports must analyze and report upon the LEAs capacity to deliver support and services to meet the requirements of program improvement. Member Aschwanden seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
• ACTION: Member Noonan moved to accept the CDE recommendations that the SBE adjust the reporting timeliness for the 97 local educational agencies (LEAs) in Program Improvement (PI) Corrective Action that were the subject of SBE action in March 2008. Member Jones seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item 4
Subject: Update on issues related to California’s implementation of No Child Left Behind and other federal programs
Type of Action: Action, Information
Debbie Rury, CDE NCLB Administrator, updated board members as to the proposed timelines for the actions that will be taken with this next cohort. In addition, Ms. Rury presented the priority assistance index to try to differentiate the accountability for these school districts. Ms. Rury will then ask the board members at the November meeting to assign specific corrective actions and to determine if any of these LEAs will also require technical assistance and, if so, at what level. All LEA plans needing revision will need to be submitted to the CDE by February 4, 2009. Lastly, Ms. Rury proposed presenting progress reports on a more regular basis with the first taking place in June.
ACTION: Member Noonan moved to add the Board’s support to the committee of practitioners and the CDE in an effort to secure federal school improvement grant funds. Member Williams seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item 5
Subject: U.S. Department of Education Peer Review of Standards and Assessment: Update of Peer Review Results
Type of Action: Action, Information
This item was tabled for the following board meeting.
No action was taken on this item.
Item 6
Subject: California English Language Development Test (CELDT): Program Update including, but not limited to, 2007-2008 Annual Assessment Results, K-1 Early Literacy Assessment, responses to recent questions, and training
Type of Action: Action, Information
Deputy Superintendent Deborah Sigman updated the board on the state’s latest CELDT results. Board members had a variety of questions on this issue. Member Jones inquired as to whether school districts have specific targeted goals they are working toward to ensure that students are reclassified. In addition, he questioned whether incentives existed to move students to a place where they are reclassified. Ms. Sigman explained that districts are not required to set goals in this area. Regarding incentives, Sigman explained that school districts receive money based on the number of English learners enrolled in their respective districts. Board Member Liu inquired as to how this test is factored into the state’s accountability system. Member Noonan thanked Ms. Sigman for her update and reminded the board of the importance in having a functioning ELAC as there are complexities to these overlapping education issues. Sigman informed the board members that the state is out of compliance with Title III because the CDE doesn’t have an assessment in K-1 for reading and writing domains. However, the CDE is moving forward on this issue and has a joint powers agreement with WestEd to begin development of these items. Doug McRae, an education measurement specialist from Monterey spoke on this issue as did Martha Zaragoza-Diaz.
No action was taken on this item.
Item 7
Subject: California High School Exit Examination (CAHSEE): Update, including, but not limited to, July through December and February administrators of the CAHSEE
Type of Action: Action, Information
Deputy Superintendent Sigman updated the board members on the CAHSEE. Ms. Sigman noted that she provided documentation in board members packets as a way to follow up to various board members request for information on this item. A lengthy discussion centered on understanding the data. Public comment was presented by Bob Woodhead with the Advisory Commission on Special Education, Martha Zaragoza-Diaz representing Californians Together and the California Association for Bilingual Education, Kim Shipp, Juan Godinez, Jo Behm, past president of California Learning Disabilities Association, and Bill Ring.
No action was taken on this item.
Item 8
Subject: Standardized Testing and Reporting (STAR): Update, including, but not limited to, Program Update
Type of Action: Action, Information
Deborah Sigman updated board members on the STAR. Sigman pointed board members attention to the addendum included with this item. The addendum focused on the fact that the CDE’s contractor, in consultation with CDE and SBE staff, has been making efforts to strengthen communication efforts in order to get information out about the test to the public, to teachers, to students, and to parents. Ms. Sigman additionally pointed out that SBE and CDE staff has been meeting to review and discuss the exemplars. Lastly, Sigman informed the board members that the CDE’s contractor held three focus groups throughout the state to date: two parent groups and one teacher group. The feedback was very informative. Based on this feedback Sigman had a variety of recommendations, which was also listed on the addendum to this item. Public comment was presented by Martha Zaragoza-Diaz and Jo Behm.
No action was taken on this item.
Item 9
Subject: Standardized testing and Reporting Program (STAR): Revised General Mathematics Blueprint
Type of Action: Action, Information
Item 9 was put over to the July 2008 meeting.
Item 10
Subject: The California Department of Education (CDE) recommends that the State Board of Education (SBE) approve California Modified Assessment (CMA) Blueprints for grades nine and 10 English-language arts (ELA), Algebra I, and grade 10 Science.
Type of Action: Action, Information
Deborah Sigman presented this item and reminded board members that they had approved blueprints for grades three through seven for math and three through eight for English Language Arts. According to Ms. Sigman this is the next level requiring board approval. Public comment was received from Jo Behm who expressed his concerns regarding the lack of alternatives to the CAHSEE.
• ACTION: Member Bersin moved to approve the California Modified Assessment (CMA) Blueprints for grades nine and 10 English Language Arts (ELA), Algebra I, and grade 10 science. Member Lopez seconded the motion. The motion was approved by a vote of 7-0. Members Bloom, Chan, Fisher, and Mitchell were not available for the vote.
Item 11
Subject: Advisory Commission for Special Education, Advisory Opinion No. 08-01: California High School Exit Exam
Type of Action: Action, Information
Item 11 was put over to the July 2008 meeting.
Item 12
Item 12 was put over to the July 2008 meeting.
Item 13
Subject: Community-based English Tutoring Program: Approve the Finding of Emergency and Proposed Emergency Regulations; and Approve Commencement of the Rulemaking Process for Amendments to Title 5, Sections 11315.5 and 11315.6
Type of Action: Action, Information
Anthony Monreal, Deputy Superintendent, Curriculum and Instruction, informed the board members that the CDE submitted the information that was approved by the board at the last meeting. Board member Noonan expressed concern regarding the issue of fingerprinting. Public comment was received from Peggy Barber from the Los Angeles Unified School District.
No action was taken on this item.
Item 14
Subject: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approval of Program (MRPDP) Interim Report for the Legislature
Type of Action: Action, Information
Phil LaFontaine from the CDE Professional Development and Curriculum Support Division asked the board members to approve the interim report of the 472 Mathematics and Reading Professional Development Program. Mr. LaFontaine spoke in depth about the various components of the report. Member Chan inquired into the number of providers, whether additional providers could be added to an ongoing list and the overall distribution of providers throughout the state. Public comment was received from Martha Zaragoza-Diaz and Sherry Skelly Griffith
• ACTION: Member Chan moved to approve the Mathematics and Reading Professional Development Program (MRPDP) Interim Report for the Legislature. Member Jones seconded the motion. The motion was approved by a vote of 8-0. Members, Bloom, Fisher and Mitchell were not available for the vote.
Item 15
Subject: No Child Left Behind Act of 2001: Reading First Special Education Teachers Professional Development Pilot Program Application and Review Process
Type of Action: Action, Information
Phil LaFontaine presented this item and asked board members to grant authority to the Executive Director of the State Board of Education and the Chief Deputy Superintendent of the CDE to approve the grantees for the Reading First Special Education Teachers Pilot Program. The purpose of this program is to provide professional development to support the special education teachers in the teaching of reading.
• ACTION: Member Williams moved to grant authority to the SBE Executive Director and the CDE Chief Deputy Superintendent to approve the grantees of the Reading First Special Education Teacher Professional Development (SETPD) Pilot Program Application. Member Aschwanden seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Fisher and Mitchell were not available for the vote.
Item 16
Subject: Ridgecrest Charter School: Consider Notice of Intent to Revoke Pursuant to Education Code Section 47607(e)
Type of Action: Action, Information
Carol Barkley with the CDE Charter School Division presented on this item. According to Ms. Barkley the board members in July and August of 2007 expressed grave concern for the students attending Ridgecrest Charter School and requested CDE staff to bring the issue back for discussion at this meeting. The board then listened to Deb Probst, CDE staff, who has been the Ridgecrest designated principal point of contact. The board members were then asked to determine if the findings presented warranted proceeding to the next step of the relocation process, which is the intent to revoke. Public comment was received from a large number of parents, students, teachers and administrators from Ridgecrest Charter School.
• ACTION: Member Aschwanden moved to issue a Notice of Intent to Revoke the Ridgecrest Charter School (RCS). Member Bersin seconded the motion. The motion was approved by a 7-1 vote. Members Bloom, Fisher and Mitchell were not available for the vote.
Item 17
Subject: Child Nutrition Programs-Food and Beverages-Approve Commencement of the Third 15-Day Comment Period for Proposed Changes to Proposed Title 5 Regulations
Type of Action: Action, Information
Phyllis Bransom-Paul from the CDE Nutrition Services Division asked board members to approve proposed minor changes to the child nutrition programs regulations and requested that the board direct the CDE to go back out for a 15-day public hearing to adhere with the Administrative Procedures Act. Public comment included representatives from the California Date Commission.
• ACTION: Member Aschwanden moved to:
o approve the proposed changes to the proposed regulations;
o direct that the proposed changes be circulated for a third 15-day public comment period in accordance with the Administrative Procedures Act;
o if no relevant comments to the proposed changes are received during the third 15-day public comment period, the proposed regulations with changes are deemed adopted, and CDE is directed to complete the rulemaking package and submit it to the Office of Administrative Law for approval; and
o if any relevant comments to the proposed changes are received during the third 15-day public comment period, CDE is directed to place the proposed regulations on the SBE’s July 2008 agenda for action.
Member Chan seconded the motion. The motion was approved by a vote of 7-1. Members Bloom, Chan and Fisher were not available for the vote.
Item 18
Subject: Request for Repeal of Four State Board of Education Waiver Policies
Type of Action: Action, Information
Judy Pinegar from the CDE Waiver Office requested a repeal of four SBE policies. Before taking a vote on this matter Member Bersin stressed the need to provide school districts more flexibility within the framework of content standards. Ms. Pinegar indicated that she, alongside CDE and SBE staff, would discuss the waiver processes in greater length in the coming weeks. Public comment included Bill Ring from the Los Angeles Unified School District Parent Collaborative.
• ACTION: Member Bersin approved the request to repeal the following four State Board of Education waiver policies listed below.
o Regional Occupational Centers and Programs: Percentage of Students Under Age 16. SBE Waiver Policy #00-06
o California High School Exit Examination: Waiver of Test Passage for Specific Special Education Students. SBE Waiver Policy #01-07
o Instructional Materials Sufficiency (Education Code Section 60119) Waive of Retroactive Audit Penalty. SBE Waiver Policy #01-06
o Nonpublic School/Agency (hiring of former LEA employees within 365 days). SBE Waiver policy #00-01
Member Jones seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Fisher and Mitchell were unavailable for the vote.
Item 19
Subject: The California Department of Education (CDE) recommends that the State Board of Education (SBE) review the 2007 Annual Report of Waiver Activity
Type of Action: Action, Information
Judy Pinegar recommended to board members that they review the annual report of waiver activity. Ms. Pinegar noted that she and her staff receive a number of requests for the annual report because districts are looking to see what other districts are doing.
No action was taken on this item.
Item 20
Subject: No Child Left Behind Act of 2001: Approve Local Educational Agency Plan, Title 1, Section 1112
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve the Local Educational Agency Plan, NCLB, Title 1, Section 1112. Member Williams seconded the motion. The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Item No 21
Subject: The California Department of Education (CDE) recommends that the State Board of Education (SBE) approve Supplemental Educational Services (SES) Providers from the 2008 Request for Applications (RFA) review process for two years, 2008-2010.
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve SES providers from the 2008 RFA review process for two years, 2008-2010. Member Williams seconded the motion. The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Item 22
Subject: The California Department of Education (CDE) recommends that the State Board of Education (SBE) approve the 2007-2008 Consolidated Applications (ConApps) submitted by local educational agencies (LEAs) in Attachment 1.
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve the 2007-2008 ConApps submitted by LEAs in Attachment 1. Member Williams seconded the motion. The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Item 23
Subject: California Technology Assistance Project Grants approval of funding for the 11 California Technology Assistance Project lead agencies for the period of July 1, 2008, to June 30, 2009
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve funding for the 11 California Technology Assistance Project lead agencies for the period of July 1, 2008, to June 30, 2009. Member Williams seconded the motion. The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Item 24
Subject: Approval of Nominee for CDE Liaison to the Advisory Committee on Before and After School Programs
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve the nominee for CDE liaison to the Advisory Committee on Before and After School Programs. Member Williams seconded the motion. The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Item 25
Subject: The Administrator Training Program, Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of Training Providers and Training Curricula.
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve training providers and training curricula per the Administrator Training Program, Assembly Bill 430 (Chapter 364, Statutes of 2005). Member Williams seconded the motion. The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Item 26
Subject: The Administrator Training Program, Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of Interim Report to the Legislature.
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve the interim report to the state Legislature as per the Administrator Training Program (ATP) report to the Legislature. Member Williams seconded the motion. The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Item 27
Subject: Mathematics and Reading Professional Development Program: Approve Applications from Local Educational Agencies.
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve the applications from local educational agencies. Member Williams seconded the motion. The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Item 28
Subject: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approval of Training Providers and Training Curricula
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve the providers and training curricula listed on Attachment 1 under the provisions of the Mathematics and Reading Professional Development Program (MRPDP), Senate Bill (Chapter 524, Statutes of 2006), which includes English Learner Professional Development (ELPD). The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Item 29
Subject: Chief Business Officer Training Program—Approve Training Provider and Candidate Substitutions for Fiscal Year 2006-2007
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve requests by LEAs to substitute their approved training candidate or the selected training provider for the Chief Business Officer (CBO) Training Program. Member Williams seconded the motion. The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Item 30
Subject: Assignment of Numbers for Charter School Petitions
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve the assignment of numbers for charter school petitions. Member Williams seconded the motion. The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, Lopez, and Mitchell were not available for the vote.
Item 31
Subject: Charter Schools: Approval of Funding Determination Rates for 2007-2008 (and beyond) for Nonclassroom-based Charter Schools
Type of Action: Action, Information
ACTION: Member Aschwanden moved, as part of the consent calendar, to approve funding determination rates for 2007-2008 (and beyond) for nonclassroom-based charter schools. Member Williams seconded the motion. The motion was approved by a 6-0 vote. Members Bloom, Chan, Fisher, and Lopez were not available for the vote.
Item 32
Subject: Legislative update, including, but not limited to information on legislation from the 2007-2008 session.
Type of Action: Action, Information
No action was taken on this item.
Item 33
Subject: State Board of Education-Approved Charter Schools: Update
Type of Action: Action, Information
No action was taken on this item.
Item 34
Subject: Ridgecrest Charter School Public Hearing Pursuant to the Notice of Intent to Revoke and Action Including, But Not Limited to, Revocation Pursuant to Education Code Section 47607(d), and Direction to Proceed with Closure.
This matter was discussed on both days of the board meeting. Carol Barkley from the CDE Charter Schools Division presented on this item.
Type of Action: Action, Information, Public Hearing
This item was presented following the SBE’s recommendation concerning Item 16.
• ACTION: Member Noonan moved to recommend that Ridgecrest Charter School go forward as a charter school contingent upon two requirements being met: one, RCS execute and implement its contract with UCLA; and two, RCS implement the recommendations of the ACCS going forward and reporting out on those to the CDE. Member Williams seconded the motion. The motion was approved by a vote of 7-1. Members Bloom, Chan and Fisher were not available for the vote.
• ACTION: Member Bersin moved to recommend that the Board not proceed with the revocation of Ridgecrest Charter School. Member Jones seconded the motion. The motion was approved by a vote of 7-1. Members Bloom, Chan and Fisher were not available for the vote.
Item 35
Subject: Appeal of a decision of the Santa Clara County Committee on School District Organization denying a petition to transfer territory from the Campbell Union School District and the Campbell Union High School District to the Saratoga Union School District and the Los Gatos-Saratoga Joint Union High School District in Santa Clara County. (McFarland Avenue)
Type of Action: Action, Information
Larry Shirey from the CDE School Fiscal Services Division presented background information pertaining to the appeal in question. Specifically, Mr. Shirey noted that all four affected districts that are listed adopted resolutions opposing the transfer thereby supporting the county committee’s decision to disapprove the transfer. In disapproving the transfer the county committee found that two of the required nine conditions were not met.
ACTION: Member Bersin moved to affirm the decision of the Santa Clara County Committee on School District Organization to disapprove a single parcel transfer from the Campbell Union School District and the Campbell Union High School District to the Saratoga Union School District and the Los Gatos-Saratoga Joint Union High School District in Santa Clara County. Member Aschwanden seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-1
Subject: Request by Azusa Unified School District to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their Adult Education State Block Entitlement that my be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.
Waiver Number: 58-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action, Consent
ACTION: Member Aschwanden moved to approve, as part of the consent calendar, the request by Azusa Unified School District to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their Adult Education State Block Entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs. Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-2
Subject: Request by Centinela Valley Union High School for Centinela Valley Adult School to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their Adult Education State Block Entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.
Waiver Number: 38-1-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action, Consent
ACTION: Member Aschwanden moved to approve, as part of the consent calendar, the request by Centinela Valley Union High School for Centinela Valley Adult School to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their Adult Education State Block Entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs. Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-3
Subject: Request by Elk Grove Unified School District to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their Adult Education State Block Entitlement that my be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.
Waiver Number: 48-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action, Consent
ACTION: Member Aschwanden moved to approve, as part of the consent calendar, the request by Elk Grove Unified School District to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their Adult Education State Block Entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs. Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-4
Subject: Request by Palo Alto Unified School District to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their Adult Education State Block Entitlement that my be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.
Waiver Number: 36-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action, Consent
ACTION: Member Aschwanden moved to approve, as part of the consent calendar, the request by Palo Alto Unified School District to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their Adult Education State Block Entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs. Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-5
Subject: Request by Riverside Unified School District for Riverside Adult School to renew a waiver of Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their Adult Education State Block Entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.
Waiver Number: 14-3-2008
(Recommended for APPROVAL)
Type of Action: Action, Consent
ACTION: Member Aschwanden moved to approve with conditions, as part of the consent calendar, the request by Riverside Unified School District for Riverside Adult School to renew a waiver of Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their Adult Education State Block Entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs. Member Noonan seconded the motion. Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-6
Subject: Request by Dunsmuir Joint Union High School District for a renewal waiver of Section 131(d)(1) of the Carl D. Perkins Career and Technical Education Art of 2006 (Public Law 109-270).
Waiver Number: Fed-2-2008
(Recommended for APPROVAL)
Type of Action: Action, Consent
ACTION: Member Aschwanden moved to approve with conditions, as part of the consent calendar, the request by Dunsmuir Joint Union High School District for a renewal waiver of Section 131(d)(1) of the Carl D. Perkins Career and Technical Education Art of 2006 (Public Law 109-270). Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-7
Subject: Request by Southern Humboldt Unified School District for a renewal waiver of Section 131(d)(1) of the Carol D. Perkins Career and Technical Education Act of 2007 (Public Law 109-270).
Waiver Number: Fed-1-2008
(Recommended for APPROVAL)
Type of Action: Action, Consent
ACTION: Member Aschwanden moved to approve with conditions, as part of the consent calendar, the request by Southern Humboldt Unified School District for a renewal waiver of Section 131(d)(1) of the Carol D. Perkins Career and Technical Education Act of 2007 (Public Law 109-270). Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-8
Subject: Request by Alameda County Office of Education for FAME Public Charter School to waive California Code of Regulations (CCR) Title 5, Section 11960(a), to allow the charter school attendance to be calculated as if it were a regular multi-track school.
Waiver Number: 32-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action, Consent
ACTION: Member Aschwanden moved to approve with conditions, as part of the consent calendar, the request by Alameda County Office of Education for FAME Public Charter School to waive California Code of Regulations (CCR) Title 5, Section 11960(a), to allow the charter school attendance to be calculated as if it were a regular multi-track school. Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-9
Subject: Request by Baldwin Park Unified School District for Opportunities for Learning—Baldwin Park II Charter School to waive California Code of Regulations, Title 5, Section 11960(a) to allow the charter school attendance to be calculated as if it were a regular multi-track school.
Waiver Number: 32-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
ACTION: Member Aschwanden moved to approve with conditions, as part of the consent calendar, the request by Baldwin Park Unified School District for Opportunities for Learning—Baldwin Park II Charter School to waive California Code of Regulations, Title 5, Section 11960(a) to allow the charter school attendance to be calculated as if it were a regular multi-track school. Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-10
Subject: Request by Dunsmuir Joint Union High School District to waive portions of California Education Code (EC) Section 51222(a), related to the statutory minimum of 400 minutes of physical education required each 10 school days for students in grades nine through 12 in order to implement a block schedule at Dunsmuir High School.
Waiver Number: 3-12-2007
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
This item was pulled off the waiver consent calendar
for a board question then approved.
Judy Pinegar presented this item to the board to clarify the rules regarding the number of minutes required to meet the California Education Code. Here, the school would receive 900 minutes over the course of 10 days in a particular block schedule. When the students are not on that particular block schedule however they would not take physical education classes. Member Williams shared his concerns as to how a waiver to the physical education requirements related to the state of health and fitness and obesity in California.
ACTION: Member Noonan moved to waive portions of California Education Code (EC) Section 51222(a). Member Williams seconded the motion. The motion was approved by a vote of 7-1. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-11
Subject: Request by Edison Elementary School District under the authority of Education Code (EC) Section 56101 and California Code of Regulations (CCR), Title 5, Section 3100 to waive EC 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than two students (30 maximum). Colleen West assigned at Edison Middle School.
Waiver Number: 14-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action, Consent
ACTION: Member Aschwanden moved to approve with conditions, as part of the consent calendar, the request by Edison Elementary School District under the authority of California Education Code (EC) Section 56101 and California Code of Regulations (CCR), Title 5, Section 3100 to waive EC 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than two students (30 maximum). Colleen West was approved to be assigned to Edison Middle School. Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-12
Subject: Request by Newman-Crows Landing Unified School District under the authority of Education Code (EC) Section 56101 and California Code of Regulations (CCR), Title 5, Section 3100 to waive EC 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). Brett Grenz assigned at Von Renner Elementary School.
Waiver Number: 45-1-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action, Consent
ACTION: Member Aschwanden moved to approve with conditions, as part of the consent calendar, the request by Newman-Crows Landing Unified School District under the authority of Education Code (EC) Section 56101 and California Code of Regulations (CCR), Title 5, Section 3100 to waive EC 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). Brett Grenz was approved to be assigned to Von Renner Elementary School. Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-13
Subject: Request by Maricopa Unified School District under the authority of Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one joint school site council to function for Maricopa Elementary School and Maricopa High School.
Waiver Number: 26-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: ACTION, CONSENT
• ACTION: Member Aschwanden moved to approve this waiver for two years on the condition that the joint school site council will elect its parent and staff representatives from among both schools, and will maintain the parity requirements of EC 52852. Member Noonan second the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-14
Subject: Request by South Fork Union Elementary School District under the authority of Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one joint school site council to function for South Fork Elementary School and South Fork Middle School.
Waiver Number: 24-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action, Consent
ACTION: Member Aschwanden moved to approve, as part of the consent calendar, this waiver for two years on the condition that the joint school site council will elect its parent and staff representatives from among both schools, and will maintain the parity requirements of EC 52852. Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item WC-15
Subject: Request by various school districts under the authority of Education Code (EC) Section 49548 to waive (EC) Section 49550, the State Meal Mandate during the summer school session.
Waiver Number: Various—see attached table
(Recommended for APPROVAL)
Type of Action: Action, Consent
Pixie Hayward from the California Teachers Association spoke to board members sharing her concern over the number of children not being fed when on break from school. Ms. Hayward requested that the board review why the school districts in question are not feeding their students.
• Member Aschwanden moved to approve, as part of the consent calendar, the request by various school districts under the authority of Education Code (EC) Section 49548 to waive (EC) Section 49550, the State Meal Mandate during the summer school session. Member Noonan seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item W-1
Subject: Request by Fresno Unified School District to waive portions of Education Code (EC) section 52378 (b)(2)(3) and (d)(1) the restriction that the Middle and High School Supplemental Counseling Program funds be used only for grades 7-12.
Waiver Number: 3-4-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
This item was presented by Ms. Judy Pinegar as part of a package of waiver items (W-1 through W-4).
ACTION: Member Aschwanden moved to approve, as part of the consent calendar, to waive portions of Education Code (EC) section 52378 (b)(2)(3) and (d)(1) the restriction that the Middle and High School Supplemental Counseling Program funds be used only for grades 7-12. Member Nunez seconded the motion. The motion was approved by a vote of 7-0. Members Bloom, Chan and Fisher were not available for the vote. Member Bersin abstained from voting on this item.
Item W-2
Subject: Request by Long Beach Unified School District to waive portions of Education Code (EC) sections 52378(b)(2)(3) and (d)(1) the restriction that the Middle and High School Supplemental Counseling Program funds be used for grades 7-12.
Waiver Number: 43-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
This item was presented by Ms. Judy Pinegar as part of a package of waiver items (W-1 through W-4).
• ACTION: Member Aschwanden moved to approve, as part of the consent calendar, to waive portions of Education Code (EC) sections 52378(b)(2)(3) and (d)(1) the restriction that the Middle and High School Supplemental Counseling Program funds be used for grades 7-12. Member Nunez seconded the motion. The motion was approved by a vote of 7-0. Members Bloom, Chan and Fisher were not available for the vote. Member Bersin abstained from voting on this item.
Item W-3
Subject: Request by Fresno Unified School District to waive portions of Education Code (EC) section 60242(a)(2) the restriction that the Instructional Materials Funding Realignment Program funds be used only for technology materials, so that technology equipment may be purchased.
Waiver Number: 4-4-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
This item was presented by Ms. Judy Pinegar as part of a package of waiver items (W-1 through W-4).
• ACTION: Member Aschwanden moved to approve, as part of the consent calendar, to waive portions of Education Code (EC) section 60242(a)(2) the restriction that the Instructional Materials Funding Realignment Program funds be used only for technology materials, so that technology equipment may be purchased. The motion was approved by a vote of 7-0. Members Bloom, Chan and Fisher were not available for the vote. Member Bersin abstained from voting on this item.
Item W-4
Subject: Request by Long Beach Unified School District to waive portions of Education Code (EC) section 60242(a)(2) the restriction that the Instructional Materials Funding Realignment Program funds be used only for technology-based materials, so that technology equipment may be purchased.
Waiver Number: 44-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
This item was presented by Ms. Judy Pinegar as part of a package of waiver items (W-1 through W-4).
• ACTION: Member Aschwanden moved to approve, as part of the consent calendar, to waive portions of Education Code (EC) section 60242(a)(2) the restriction that the Instructional Materials Funding Realignment Program funds be used only for technology-based materials, so that technology equipment may be purchased. The motion was approved by a vote of 7-0. Members Bloom, Chan and Fisher were not available for the vote. Member Bersin abstained from voting on this item.
Item W-5
Subject: Request by Pleasanton Unified School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2007-2008 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 EC section 56101, the special education waiver authority.
Waiver Number: 5-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve, as part of the consent calendar, to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2007-2008 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 EC section 56101, the special education waiver authority. Member Bloom seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item W-6
Subject: Request by Bassett Unified School District to waive a portion of California Code Regulations (CCR), Title 5, Section 1032(d)(5); the 85 percent requirement of test takers in Life Science to allow Bassett Senior High School to be given a valid base and growth Academic Performance Index (API) for 2007.
Waiver Number: 5-11-2007
(Recommended for DENIAL)
Type of Action: Action
Rachel Perry from the CDE Policy and Evaluation Division presented this item to board members. Ms. Perry noted that Bassett Unified School District sought to waive a part of the Title V Regulations that guide the calculation of the API system. This particular regulation, according to Ms. Perry, sets a minimum testing participation rate at each school in order for the school to receive a valid API score. Public Comment was received from representatives of Bassett Unified School District, which included Gabriel Anthony Griego and Donna Thomas.
• ACTION: Member Noonan moved to deny the request by Bassett Unified School District to waive a portion of California Code Regulations (CCR), Title 5, Section 1032(d)(5); the 85 percent requirement of test takers in Life Science to allow it to be given a valid base and growth Academic Performance Index (API) for 2007. Member Bersin seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item W-7
Subject: Request by Camptonville Elementary School District for The Camptonville Academy to waive Education Code (EC) Section 47605.1(c)(2) pertaining to geographic limits on resource centers for nonclassroom-based charter schools so that the charter school can continue to operate one resource center in adjacent Placer County.
Waiver Number: 33-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Judy Pinegar presented this waiver item to the board informing them that this charter came before them in May of last year for the same exact waiver. This charter school is located in Yuba County but accepts students from surrounding counties as well. Representatives from the charter school spoke as well as Sandy Shea from the Placer County Resource Center, Jeff Rice from the APLUS + Personalized Learning Network Association, Colin Miller from the California Charter Schools Association, Gayle Garbolino-Mojica from the Placer County Office of Education, David Rosenquist from the Alta Dutch Flat School Board, Jon Ray, from Colfax Elementary School, and Bart O’Brian from Placer Union High School District.
Type of Action: Action
• ACTION: Member Williams moved to approve the request by Camptonville Elementary School District for the Camptonville Academy to waive Education Code (EC) Section 47605.1(c)(2) pertaining to geographic limits on resource centers for nonclassroom-based charter schools so that the charter school can continue to operate one resource center in adjacent Placer County. Member Jones seconded the motion. The motion was approved by a vote of 6-2. Members Bloom, Chan and Fisher were not available for the vote.
Item W-8
Subject: Request by Lakeside Union Elementary School District, a district serving kindergarten through grade eight, to waive Education Code (EC) Section 47605(a)(6) to allow the district to renew and continue to authorize the charter of River Valley Charter High School, a charter school serving grades seven through 12.
Waiver Number: 8-2-2008
(Recommended for APPROVAL)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Lakeside Union Elementary School District, a district serving kindergarten through grade eight, to waive Education Code (EC) Section 47605(a)(6) to allow the district to renew and continue to authorize the charter of River Valley Charter High School, a charter school serving grades seven through 12. Member Bersin seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item W-9
Subject: Request by the Piner-Olivet Union Elementary School District, a K-6 district, to waive Education Code (EC) Section 47605(a)(6) to allow the district to renew the charter of (and continue to be the chartering authority for) the Career Academy at Pinter Olivet, a middle/high school.
Waiver Number: 4-1-2008
(Recommended for DENIAL)
Type of Action: Action
This item was withdrawn by petitioner and will be presented at July meeting.
Item W-10
Subject: Request by Sacramento City Unified School District for a waiver of Education Code (EC) Section 48661(a) to permit the collocation of Success Academy, a community day school, on the same site as the Marian Anderson Therapeutic Center (serving students in grades one through seven).
Waiver Number: 22-1-2008
(Recommended for APPROVAL WITH CONDITIONS
Type of Action: Action
ACTION: Member Noonan moved to approve the Sacramento City Unified School District request for a waiver of Education Code (EC) Section 48661(a) to permit the collocation of Success Academy, a community day school, on the same site as the Marian Anderson Therapeutic Center (serving students in grades one through seven). Member Williams seconded the motion. The motion was approved by a vote of 7-1. Members Bloom, Chan and Fisher were not available for the vote.
Item W-11
Subject: Request by Tamalpais Union High School District for a renewal to waive portions of Education Code (EC) sections 52084(a)(c) and 52086(a) Grade Nine Class Size Reduction (Morgan-Hart), the requirement for a 20:1 student to teacher ratio so that the district may provide a 25:1 ratio across four core courses-English, math, science, and social studies.
Waiver Number: 46-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
ACTION: Member Noonan moved to approve the request provided that 1) the total funding to the district will not exceed two times the grade nine enrollment of the district; 2) all participating English, math, science and social studies classes will be held to the 25:1 ration; 3) the participating high schools, Drake, Redwood, and Tamalpais, must be implementing the grade nine smaller learning communities structure for all grade nine students and maintain an Academic Performance Index (API) over 800; 4) the district will provide a final evaluation after the 2008-2009 school year, and California Education Code (EC) Section 33051(c) will apply; need not reapply annually as long as conditions remain the same.
Member Bersin seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Chan and Fisher were not available for the vote.
Item W-12
Subject: Request by Filmore Unified School District to waive Education Code (EC) Section 52055.55(b), to allow Ventura County Office of Education to continue as the School Assistance and Intervention Team (SAIT) provider at Filmore Senior High School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number: 54-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to waive Education Code (EC) Section 52055.55(b), to allow Ventura County Office of Education to continue as the School Assistance and Intervention Team (SAIT) provider at Filmore Senior High School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP). Member Lopez seconded the motion. The motion was approved by a vote of 7-0. Members Bloom, Chan, Fisher, and Jones were not available for the vote.
Item W-13
Subject: Request by Jurupa Unified School District to waive Education Code (EC) Section 52055.55 (b) to allow Riverside County Office of Education to continue as the School Assistance and Intervention Team (SAIT) provider at Jurupa Valley High School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number: 55-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
ACTION: Member Noonan moved to approve the request provided that the district continues to work with Riverside County Office of Education as its SAIT provider for Jurupa Valley High School. The district is required to enter into a Memorandum of Understanding (MOU) with the State Superintendent of Public Instruction and Riverside County Office of Education outlining the specific Essential Program Components which remain to be substantially implemented at Jurupa Valley High School. Should the school fail to make significant growth for the next two years (2007-2008 and 2008-2009) the district will need to appear before the State Board of Education regarding the status of this school therefore this waiver will only apply from May 7, 2008 through August 31, 2009. Member Lopez seconded the motion. The motion was approved by a vote of 7-0. Members Bloom, Chan, Fisher and Jones were not available for the vote.
Item W-14
Subject: Request by Moreno Valley Unified School District to waive Education Code (EC) Section 52055.55(b), to allow Riverside County Office of Education to continue as the School Assistance and Intervention Team (SAIT) provider at Moreno Valley High School and Mountain View Middle School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number: 56-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Moreno Valley Unified School District to waive Education Code (EC) Section 52055.55(b), to allow Riverside County Office of Education to continue as the School Assistance and Intervention Team (SAIT) provider at Moreno Valley High School and Mountain View Middle School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP). Member Lopez seconded the motion. The motion was approved by a vote of 7-0. Members Bloom, Chan, Fisher and Jones were not available for the vote.
Item W-15
Subject: Request by Ontario-Montclair Elementary School District to waive Education Code (EC) Section 52055.55(b), to allow WestEd to continue as the School Assistance and Intervention Team (SAIT) provider at Lincoln Elementary School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number: 18-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Ontario-Montclair Elementary School District to waive Education Code (EC) Section 52055.55(b), to allow WestEd to continue as the School Assistance and Intervention Team (SAIT) provider at Lincoln Elementary School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP). Member Lopez seconded the motion. The motion was approved by a 7-0 vote. Members Bloom, Chan, Fisher, and Jones were not available for the vote.
Item W-16
Subject: Request by Round Valley Unified School District to waive Education Code (EC) Section 52055.55(b), to allow North Coast PI Collaborative to continue as the School Assistance and Intervention Team (SAIT) provider at Round Valley Elementary School as part of secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number: 2-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Round Valley Unified School District to waive Education Code (EC) Section 52055.55(b), to allow North Coast PI Collaborative to continue as the School Assistance and Intervention Team (SAIT) provider at Round Valley Elementary School as part of secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP). Member Lopez seconded the motion. The motion was approved by a 7-0 vote. Members Bloom, Chan, Fisher and Jones were not available for the vote.
Item W-17
Subject: Request by San Juan Unified School District to waive Education Code (EC) Section 52055.55(b), to allow Sacramento County Office of Education to continue as the School Assistance and Intervention Team (SAIT) provider at Kingswood Elementary School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP).
Waiver Number:
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by San Juan Unified School District to waive Education Code (EC) Section 52055.55(b), to allow Sacramento County Office of Education to continue as the School Assistance and Intervention Team (SAIT) provider at Kingswood Elementary School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP). Member Bersin seconded the motion. The motion was approved by a 7-0 vote. Members Bloom, Chan, Fisher and Jones were not available for the vote.
Item W-18
Subject: Request by Hemet Unified School District under the authority of Education Code Section 60422(c) to waive Section 60422(a), the “24 month rule”, for purchase of instructional materials after the adoption of a new list by the State Board of Education. The request is to delay the adoption of materials in science (kindergarten through grade eight only) for 12 additional months.
Waiver Number: 42-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Nunez moved to approve the request by Hemet Unified School District under the authority of Education Code Section 60422(c) to waive Section 60422(a), the “24 month rule”, for purchase of instructional materials after the adoption of a new list by the State Board of Education. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-19
Subject: Request by Ripon Unified School District under the authority of Education Code (EC) Section 60422.1(c)(1) through (3) to waive EC Section 60422(a), the “24 month rule,” for purchase of instructional materials after the adoption of a new list by the State Board of Education. Request is to delay the adoption of materials in science (kindergarten through grade eight only) for 12 additional months.
Waiver Number: 8-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Ripon Unified School District under the authority of Education Code (EC) Section 60422.1(c)(1) through (3) to waive EC Section 60422(a), the “24 month rule,” for purchase of instructional materials after the adoption of a new list by the State Board of Education. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-20
Subject: Request by Lassen County Office of Education under the authority of Education Code (EC) Section 41344.3 for retroactive waiver of the audit penalty for the 2006-2007 fiscal year of EC 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects. The county office held the hearing but failed to adopt the resolution as required by statute.
Waiver Number: 43-2-2008
(Recommended for APPROVAL)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Lassen County Office of Education under the authority of Education Code (EC) Section 41344.3 for retroactive waiver of the audit penalty for the 2006-2007 fiscal year of EC 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials or all students at all grade levels and subjects. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-21
Subject: Request by Riverside County Office of Education under the authority of Education Code (EC) Section 41344.3 for retroactive waiver of the audit penalty for the 2006-2007 fiscal year of EC 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for students in grades nine to 12. Hearing was held at 9 a.m., during school hours.
Waiver Number: 6-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Riverside County Office of Education under the authority of Education Code (EC) Section 41344.3 for retroactive waiver of the audit penalty for the 2006-2007 fiscal year of EC 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for students in grades nine to 12. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-22
Subject: Request by Lake County Office of Education under the authority of Education Code (EC) Section 41344.3 for retroactive waiver of the audit penalty for the 2006-07 fiscal year of EC 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects. Hearing held after eight weeks from the first day of school.
Waiver Number: 30-2-2008
(Recommended for APPROVAL)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Lake County Office of Education under the authority of Education Code (EC) Section 41344.3 for retroactive waiver of the audit penalty for the 2006-07 fiscal year of EC 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-23
Subject: Request by Belmont Redwood Shores Elementary School District under Education Code (EC) sections 60412(d) and 60200(g) to purchase specified non-adopted instructional materials (Everyday Mathematics, kindergarten and grades one through five, c.2001-2002) using Instructional Materials funding Realignment Program monies.
Waiver Number: 39-1-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Lake County Office of Education under the authority of Education Code (EC) Section 41344.3 for retroactive waiver of the audit penalty for the 2006-07 fiscal year of EC 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-24
Subject: Request by Tri-Cities Regional Occupational Program to waive portions of Education Code (EC) Section 52321(b), (c)(1), and (e), to allow the program to accumulate a reserve of more than 15 percent of its prior year expenditures, due to a one time reapportionment of unspent funds from the 2005-2006 fiscal year.
Waiver Number: 29-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Tri-Cities Regional Occupational Program to waive portions of Education Code (EC) Section 52321(b), (c)(1), and (e), to allow the program to accumulate a reserve of more than 15 percent of its prior year expenditures, due to a one time reapportionment of unspent funds from the 2005-2006 fiscal year. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-25
Subject: Request by Alhambra Unified School District to waive portions of Education Code (EC) sections 17466, 17472 and 17475 and all of 17473-17474, specific statutory provisions for the sale of surplus property. Approval of the waiver would allow the district to sell a piece of property using a broker and a “request for proposal” process, thereby maximizing the proceeds from the sale. The property is the South Marengo Avenue Property, located in the city of Alhambra.
Waiver Number: 44-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Alhambra Unified School District to waive portions of Education Code (EC) sections 17466, 17472 and 17475 and all of 17473-17474, specific statutory provisions for the sale of surplus property. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-26
Subject: Request by Monterey County Office of Education to waive Education Code (EC) Section 5020 the election requirement the adoption of trustee areas for Monterey Peninsula Community College District.
Waiver Number: 59-2-2008
(Recommended for DENIAL)
Type of Action: Action
No action was taken on this item. This item will be addressed at July meeting.
Item W-27
Subject: Request by North County Joint Union Elementary School District to waive portions of Education Code (EC) Section 4006(c)(2) and all of (b), regarding the requirements to fill a vacancy on the County Committee on School District Organization by the county superintendent allowing for more local representation.
Waiver Number: 17-12-2007
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
This item was withdrawn by the maker.
Item W-28
Subject: Request by Central Unified School District under the authority of Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing Pershing Continuation High School to operate a school site council with fewer members than required by statute.
Waiver Number: 7-3-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Nunez moved to approve the providers and training curricular listed on Attachment 1 under the provisions of the Mathematics and Reading Professional Development Program (MRPDP), Senate Bill 472 (Chapter 524, Statutes of 2006), which includes English Learner Professional Development (ELPD). Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-29
Subject: Request by Green Point Elementary School District under the authority of Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing the Green Point School to operate a schools site council with fewer members than required by statute.
Waiver Number: 25-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Nunez moved to approve the request by Green Point Elementary School District under the authority of Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing the Green Point School to operate a school site council with fewer members than required by statute. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-30
Subject: Request by Kneeland Elementary School District under the authority of Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing Kneeland Elementary to operate a school site council with fewer members than required by statute.
Waiver Number: 33-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Kneeland Elementary School District under the authority of Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing it to operate a school site council with fewer members than required by statute. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-31
Subject: Request by Peninsula Union Elementary School District under the authority of Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing Peninsula Union Elementary School to operate a school site council with fewer members than required by statute.
Waiver Number: 12-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by Peninsula Union Elementary School District under the authority of Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing it to operate a school site council with fewer members than required by statute. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for a vote.
Item W-32
Subject: Request by East Valley SELPA, Fontana Unified SELPA and San Bernardino SELPA for a renewal to waive Education Code (EC) Section 56836.22(d) to allow 10 percent of state low incidence funds to be utilized for the purchase of assistive technology/materials for assessment.
Waiver Number: 39-2-2008
(Recommended for APPROVAL WITH CONDITIONS)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by East Valley SELPA, Fontana Unified SELPA and San Bernardino SELPA for a renewal to waive Education Code (EC) Section 56836.22(d) to allow 10 percent of state low incidence funds to be utilized for the purchase of assistive technology/materials for assessment. Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
Item W-33
Subject: Request by Mammoth Unified School District under the authority of Education Code (EC) Section 49548 to waive EC 49550, the State Meal Mandate during the summer school session for Mammoth Middle School.
Waiver Number: 16-2-2008
(Recommended for DENIAL)
Type of Action: Action
No action was taken on this item.
Item W-34
Subject: Request by 14 local educational agencies (LEA) to waive the State Testing Apportionment Information Report deadline of December 31 in the California Code of Regulations (CCR), Title 5, Development Test (CELDT), or CCR Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination (CAHSEE), or CCR, Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program (STAR).
Waiver Number: see attached list for specific school districts
(Recommended APPROVAL)
Type of Action: Action
• ACTION: Member Noonan moved to approve the request by 14 local educational agencies (LEA) to waive the State Testing Apportionment Information Report deadline of December 31 in the California Code of Regulations (CCR), Title 5, Development Test (CELDT), or CCR Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination (CAHSEE), or CCR, Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program (STAR). Member Bersin seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Chan and Fisher were not available for the vote.
***ADJOURNMENT OF MEETING***
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