Final Minutes March 7-8, 2007 - SBE Minutes (CA State ...



Members Present

Alan Bersin

Ruth Bloom

Yvonne Chan

Andrew Estep

Don Fisher

Ruth Green

David Lopez

Ken Noonan

Members Absent

Jim Aschwanden

Johnathan Williams

VACANT 

 

Call to Order President Noonan called the meeting to order at 9:15 a.m.

Salute to the Flag:

Member Fisher led the Board and the audience in the Pledge of Allegiance.

|ITEM 1 |STATE BOARD PROJECTS AND PRIORITIES. |INFORMATION |

| |Including, but not limited to, future meeting plans; agenda items; State Board office budget; |ACTION |

| |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. | |

➢ NO ACTION WAS TAKEN ON THIS ITEM

Cheryl Hickey, California Commission on Teacher Credentialing, provided an update on CTC activities.

Member Chan gave a liaison report for the Advisory Commission on Special Education. Member Green gave an update on the status of the Health Standards.

|ITEM 2 |PUBLIC COMMENT. |INFORMATION |

| |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. | |

➢ NO ACTION TAKEN ON THIS ITEM

|ITEM 3 |California High School Exit Examination (CAHSEE) and Senate Bill (SB) 267: Consideration of a |ACTION INFORMATION |

| |course of action to adopt regarding pupils with disabilities who have met all other state and | |

| |local graduation requirements, but who are unable to satisfy the CAHSEE requirement or obtain | |

| |a waiver of the requirement under Section 60851(c) of the Education Code | |

President Noonan announced Deb Sigman, director of the Standards and Assessment Division, who presented the item. The Board heard data presented by the CDE staff in response to the Board’s direction at the February meeting that staff come back to the Board and present additional information to the Board. Members of the public also presented testimony to the Board on this matter. Following public testimony and CDE staff presentation, Board members asked several questions about the information received. The Board determined that it would not take action at this meeting but would instead wait until its regularly-scheduled May 2007 meeting for further consideration of this item.

➢ NO ACTION TAKEN ON THIS ITEM

|ITEM 4 |California High School Exit Examination (CAHSEE): Including, but not limited to, approval of |ACTION |

| |intervention materials pursuant to Assembly Bill 1802 |INFORMATION |

President Noonan introduced the item and asked Ms. Sigman to describe this item for the Board. Ms. Sigman introduced this item, explaining the legislative background to this item and the process that the CDE staff underwent to develop recommended CAHSEE intervention providers and materials to the Board. Following CDE staff presentation, Board members took the following action:

➢ ACTION: Member Bloom moved to approve the CDE recommended CAHSEE intervention materials. Member Chan seconded the motion. The motion was approved by a vote of 6-0. Members Fisher and Green were absent for the vote.

|ITEM 5 |California High School Exit Examination (CAHSEE): Proposed Amendments to Title 5 California |ACTION INFORMATION |

| |Code of Regulations | |

President Noonan introduced the item and asked Ms. Sigman to describe this item for the Board. Ms. Sigman presented the rationale for the amendments to the CAHSEE regulations and alerted the Board to the fact that a vote today would initiate the public hearing process for these regulations. Following Ms. Sigman’s presentation, the Board took the following action:

➢ ACTION: Member Estep moved to:

o Approve the proposed regulations;

o Approve the Initial Statement of Reasons;

o Approve the Notice of Proposed Rulemaking; and

o Direct staff to commence the rulemaking process.

Member Chan seconded the motion. The motion was approved by a vote of 6-0. Members Bloom and Fisher were absent for the vote.

|Item 6 |California High School Exit Examination (CAHSEE): Including, but not limited to, Program |Action |

| |Update |Information |

There was no update provided in addition to the information on the CAHSEE previously provided to the Board.

➢ NO ACTION TAKEN ON THIS ITEM.

|Item 7 |Standardized Testing and Reporting Program (STAR): California Modified Assessment Blueprints |Action |

| | |Information |

President Noonan introduced the item and asked Ms. Sigman to describe this item for the Board. Following Ms. Sigman’s presentation, the Board, Board staff, and CDE staff engaged in a thorough discussion of this matter. The Board heard testimony from several members of the public on this topic. Board members expressed reservations about moving this item forward without further planning and guidance from the U.S. Department of Education. As a result of its concerns, the Board decided to continue discussion of this item on Thursday, March 8. After further discussion on this matter on Thursday, March 8, the Board took the following action:

➢ ACTION: Member Green moved to direct staff and the STAR testing coordinator to conduct focus groups with stakeholders and conduct an analysis of the California Modified Assessment (CMA) pilot results and other relevant information and make a recommendation to the Board regarding criteria and guidance to determine the student population appropriate for the CMA. This recommendation should be brought to the Board as soon as practicable, preferably by the Board’s May Board Meeting.

In addition, direct staff to work with SBE testing liaisons to conduct further review of the draft CMA Blueprints and make a final recommendation to the Board at a special meeting of the Board to be held in April. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Members Estep and Lopez were absent for the vote.

|Item 8 |Standardized Testing and Reporting Program (STAR): Including, but not limited to, Program |Action |

| |Update |Information |

 President Noonan introduced the item and asked Ms. Sigman to describe this item for the Board. Following presentation of this item, Board members asked questions.

➢ NO ACTION WAS TAKEN ON THIS ITEM.

|Item 9 |California English Language Development Test (CELDT): Program update, including but not |ACTION INFORMATION |

| |limited to the release date of scores for 2005-06 | |

President Noonan introduced the item and asked Ms. Sigman to describe this item for the Board. Ms. Sigman provided a brief review of this year’s CELDT administration and an update on reporting of CELDT scores.

➢ NO ACTION WAS TAKEN ON THIS ITEM.

|ITEM 10 |Physical Fitness Test (PFT): including but not limited to PFT program update. |ACTION INFORMATION |

President Noonan introduced the item and asked Ms. Sigman to describe this item for the Board. Ms. Sigman provided the Board with a brief update on this year’s administration of the state’s physical fitness test.

➢ NO ACTION WAS TAKEN ON THIS ITEM

|ITEM 11 |Update on issues related to California’s implementation of No Child Left Behind and other federal|ACTION |

| |programs. |INFORMATION |

President Noonan announced Camille Maben, director of the School and District Accountability Division, who presented the item. Ms. Maben provided the Board with an update on the state’s implementation of the supplemental educational service provider provisions of the No Child Left Behind Act.

➢ NO ACTION WAS TAKEN ON THIS ITEM

|ITEM 12 |Proposal for the Reauthorization of the No Child Left Behind Act of 2001 |ACTION INFORMATION |

The Item was held over to a future board meeting.

➢ NO ACTION WAS TAKEN ON THIS ITEM.

|ITEM 13 |California State Plan 1999-2007 for the Workforce Investment Act, Title II: Adult |ACTION |

| |Education and Family Literacy Act: Extension and Updates |INFORMATION |

President Noonan announced Patrick Ainsworth, Director of the Secondary, Postsecondary, and Adult Leadership Division, who presented the item. Mr. Ainsworth reported that his office had conferred with the U.S. Department of Education (ED) about the performance goals for 2007-08 and, at the recommendation of ED staff, modified the goals based on former state performance.

➢ ACTION: Member Estep moved to extend the California State Plan 1999-2007 for the Workforce Investment Act (WIA), Title II: Adult Education and Family Literary Act (AEFLA) for one additional year and approve: (1) the proposed performance goals for 2007-08; and (2) minor edits. Member Lopez seconded the motion. The motion was approved by a vote of 8-0.

|ITEM 14 |Community-Based English Tutoring Program: Approve Commencement of the Rulemaking Process |ACTION INFORMATION |

| |for the Amendment of California Code of Regulations, Title 5, Section 11315 and the | |

| |Addition of Section 11315.5 | |

President Noonan announced Veronica Aguila, Acting Director of the Professional Development and Curriculum Support Division, who presented the item. Following Ms. Aguila’s description of the item, board members asked questions about the accountability involved with this program.

➢ ACTION: Member Bloom moved to:

o Approve the proposed regulations;

o Approve the Initial Statement of Reasons;

o Approve the Notice of Proposed Rulemaking; and

o Direct staff to commence the rulemaking process.

Member Chan seconded the motion. The motion was approved by a vote of 8-0.

|Item 15 |Legislative update, including, but not limited to information on legislation from the |Action |

| |2007-08 legislative session. |Information |

President Noonan announced Lupita Cortez-Alcala from the Government Affairs Branch, who presented the item. Ms. Cortez-Alcala provided the Board with a brief update. Following Ms. Cortez-Alcala’s presentation, board members discussed some of the legislation that was of interest regarding high performing schools, kindergarten starting times, second grade testing, and leadership training for administrators of low-performing schools.

➢ NO ACTION WAS TAKEN ON THIS ITEM

|Item 16 |Appeal of the Findings of the Ventura County Committee on School District Organization |Action |

| |Pursuant to Education Code Section 35711 in the Matter of the Proposed Formation of a |Information |

| |Camarillo Unified School District | |

President Noonan announced Larry Shirey, Consultant in the School Fiscal Services Division, who presented the item. Following Mr. Shirey’s presentation, board members asked questions about the general process involving reorganizations and unifications. Mr. Shirey explained the process and explained some of the differences with this item. Member Bloom asked clarifying questions in order to summarize the issue. As a result of Ms. Bloom’s summary, several board members asked more clarifying questions about the proposal which included questions about the appeals process. Chief Counsel Paul Member Bersin moved to approve the appeal of the findings of the Ventura Seave and Mr. Shirey answered their questions.

County Committee on School District Organization (County Committee) pursuant to Education Code (EC) Section 35711 in the matter of the proposed formation of a Camarillo Unified School District. Member Lopez seconded the motion. The motion was approved by a vote of 6-1 with Member Green voting no. Member Estep was absent for the vote.

|Item 17 |Appeal by Chief Petitioner from a decision of the Sonoma County Committee on School District|Action |

| |Organization to deny a petition to transfer territory from the Bellevue Union Elementary |Information |

| |School District and Santa Rosa High School District to the Cotati-Rohnert Park Unified | |

| |School District in Sonoma County | |

NOTE: Item 17 and 18 were considered simultaneously, therefore the comments in this section represent the comments for Item 18 as well. President Noonan introduced the item and asked Mr. Shirey to describe this item for the Board. Following Mr. Shirey’s presentation, board members asked clarifying questions about the new housing development and the potential impact on district attendance. Member Bloom commented that this decision should consider what is in the best interests of children affected in the future. Member Bersin expressed desire for this to be decided at a later time when the children and families were actually present in the housing development. Board members asked several questions about this item.

➢ ACTION: Member Bloom moved to grant the appeal, thereby reversing the action of the Sonoma County Committee (SCC) on School District Organization to disapprove a petition to transfer territory from the Bellevue Union Elementary School District (UESD) and the Santa Rosa High School District (HSD) to the Cotati-Rohnert Park Unified School District (USD) in Sonoma County. Member Chan seconded the motion. The motion was approved by a vote of 7-0. Member Estep was absent for the vote.

|Item 18 |Appeal by the Cotati-Rohnert Park Unified School District from a decision of the Sonoma |Action |

| |County Committee on School District Organization to deny a petition to transfer territory |Information |

| |from the Bellevue Union Elementary School District and the Santa Rosa High School District | |

| |to the Cotati-Rohnert Park Unified School District in Sonoma County | |

For a summary of the conversation for Item 18, see notes for Item 17.

➢ ACTION: Member Chan moved to grant the appeal, thereby reversing the action of the Sonoma County Committee (SCC) on School District Organization to disapprove a petition to transfer territory from the Bellevue Union Elementary School District (UESD) and the Santa Rosa High School District (HSD) to the Cotati-Rohnert Park Unified School District (USD) in Sonoma County. Member Green seconded the motion. The motion was approved by a vote of 7-0. Member Estep was absent for the vote.

|ITEM 19 |Environmental Effect of the Proposed Unification of the Grant Joint Union High School |ACTION INFORMATION |

| |District with the Del Paso Heights School District, the North Sacramento School District, |PUBLIC HEARING |

| |and the Rio Linda Union School District in Sacramento County | |

President Noonan introduced the item and asked Mr. Shirey to describe this item for the Board. Following Mr. Shirey’s presentation, Member Bloom acknowledged pleasure that this report included a consideration of aesthetics. President Noonan announced the public hearing to discuss the negative declaration. Following the public hearing, Member Chan asked a question regarding the unification process. Mr. Shirey explained the process and commented that the Department of Water Resources made a comment reminding the Board that any project that is undertaken is subject to the Reclamation Board’s involvement. Following deliberation, the Board took the following action:

➢ ACTION: Member Bloom moved to adopt a Negative Declaration (Attachment 1 to the Board agenda item), which concludes that the proposed unification would not have any significant effects on the environment. Member Green seconded the motion. The motion was approved by a vote of 8-0.

|ITEM 20 |Proposed Unification of the Grant Joint Union High School District with the Del Paso Heights School |ACTION INFORMATION |

| |District, the North Sacramento School District, and the Rio Linda Union School District in |PUBLIC HEARING |

| |Sacramento County | |

President Noonan introduced the item and asked Mr. Shirey to describe this item for the Board. Following his presentation, Mr. Shirey introduced Dave Gorden, Superintendent of Sacramento County Office of Education who presented additional information and background. President Noonan announced a public hearing to discuss the proposed unification. After the public hearing, Superintendent O’Connell recognized this as an “historical event ending decades of divisiveness and political turf warfare.” He commended the key players. Member Estep asked if there were any school boundary changes. Member Chan asked questions about the implications for SELPA organization. Member Green asked about the rationale governing the board of trustee areas. After deliberating, the Board took the following action:

➢ ACTION: Member Fisher moved to approve the proposed Resolution to Unify the Grant Joint Union High School District, the Del Paso Heights School District, the North Sacramento School District and the Rio Linda Union School District in Sacramento County with the substitutions included in the revised motion below:

RESOLVED, that under the authority of Education Code Section 35754, the joint petition to form a new unified school district from the Grant Joint Union High School District, the Del Paso Heights School District, the North Sacramento School District, and the Rio Linda Union School District which was filed on or about June 19, 2006, with the Sacramento County Office of Education pursuant to Education Code Section 35700(d) and Section 35542(b), is hereby approved; and be it

RESOLVED further, that the 2005-06 base revenue limit per unit of average daily attendance for the new unified district is estimated to be $5,724 and shall be recalculated using second prior fiscal year data from the time the unification becomes effective for all purposes; and be it

RESOLVED further, that Elverta Joint School District and Robla School District shall be excluded from the action to unify the high school district and residents of the excluded elementary districts may continue to enroll their children in the new unified school district under the same terms and conditions as existed previously in the high school district; and be it

RESOLVED further, that the governing board of the new unified district shall consist of seven members, each required to reside within one of seven trustee areas, delineated in an addition to the petition by the Sacramento County Committee on School District Reorganization, and each elected by the voters of the entire unified school district; and be it

RESOLVED further that in order to stagger the terms of the members of the governing board, the initial terms of the trustees from the even-numbered trustee areas will end on the first Friday in December of the first even year after the initial election of the governing board and the trustees from the odd-numbered trustee areas will end on the first Friday in December of the second even year after the initial election of the governing board.

RESOLVED further, that the territory in which the election regarding the proposed unification is to be held shall be the entire Grant Joint Union High School District; and be it

RESOLVED further, that the election of the first governing board of the new district be held at the same election as the proposed unification; and be it

RESOLVED further, that the Executive Director of the State Board of Education shall notify, on behalf of said Board, the Sacramento County Committee on School District Organization and the affected school districts of the action taken by the State Board of Education.

Member Green seconded the motion. The motion was approved by a vote of 8-0.

|ITEM 21 |San Ramon Valley Unified School District Request to be a Single District Special Education Local |ACTION INFORMATION |

| |Plan Area (SELPA) | |

President Noonan announced Mary Hudler, Director of the Special Education Division, who presented the item. Ms. Hudler reported that the district’s SELPA plan met all the requirements for approval with the exception that the district’s ADA was smaller than the SBE’s guidelines allowed. CDE’s special education staff believed the district could provide high quality services to children in its attendance area and that the smaller student population would not be a hindrance. Board members asked several questions of CDE staff regarding the proposed SELPA plan. Members of the public provided testimony regarding this item. After Board deliberation on this item, the Board took the following action:

➢ ACTION: Member Fisher moved to approve the San Ramon Valley Unified School District (SRVUSD) application to be a single district Special Education Local Plan Area (SELPA) pursuant to Chapter 2, Administration, Article 1, SBE, California Education Code (EC) Section 56100, Chapter 2.5 Governance, EC Section 56195, Article 1 Local Plans, and Chapter 3. Elements of the Local Plan, Article 1.1 State Requirements, EC Section 56205. Member Bersin seconded the motion. The vote was approved by a vote of 7-0. Member Estep was absent for the vote.

|ITEM 22 |Nonpublic School and Agency Certification: Adopt Proposed Regulations for Title 5 of the California |ACTION INFORMATION |

| |Code of Regulations, Sections 3001 et seq. | |

President Noonan introduced the item and asked Ms. Hudler to describe this item for the Board. Ms. Hudler reported that, following the 15 day public comment period, there were no comments that had not been received before and, therefore, that no additional changes to the proposed regulations had been identified.

➢ ACTION: Member Chan moved to:

o Approve the Final Statement of Reasons;

o Take action to adopt the regulations; and

o Direct CDE staff to submit the rulemaking file to the Office of Administrative Law.

Member Lopez seconded the motion. The motion was approved by a vote of 7-0. Member Estep was absent for the vote.

CONSENT CALENDAR

The following were addressed as part of the Board’s items approved on consent; no discussions were had on these items:

• Items 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36;

• Waiver Consent Items: WC-1, WC-2, WC-3, WC-4, WC-5, WC-6, WC-7, WC-8, and WC-9;

• Waiver Items: W-2, W-3, W-4, W-5, W-6, W-7, W-8, W-9, W-10, W-11, W-12, W-14, W-15, W-16, and W-17

|ITEM 24 |No Child Left Behind Act of 2001: Approve Local Educational Agency Plans, Title 1, Section 1112 |ACTION INFORMATION |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve the Local Educational Agency (LEA) Plans. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 25 |Consolidated Applications 2006-07: Approval |ACTION |

| | |INFORMATION |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve the 2006-07 Consolidated Applications (ConApps) submitted by certain local educational agencies (LEAs). Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 26 |California Technology Assistance Project Grants and Statewide Education Technology Services |ACTION |

| |Contracts: Including, but not limited to, approval of the 2005-2006 California Technology |INFORMATION |

| |Assistance Project Statewide Evaluation Report for the period of July 1, 2005, to June 30, 2006 | |

| |and approval of funding for the 11 California Technology Assistance Project lead agencies for the | |

| |period of July 1, 2007 to June 30, 2008 | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve the 2005-2006 California Technology Assistance Project Statewide Evaluation Report for the period of July 1, 2005, to June 30, 2006, and approve funding for the 11 California Technology Assistance Project (CTAP) regional lead agencies for the period of July 1, 2007, to June 30, 2008.Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 27 |The Administrator Training Program, Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval |ACTION INFORMATION |

| |of Applications for Funding from Local Educational Agencies | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve local educational agencies (LEAs) that have submitted applications for funding under the Administrator Training Program (ATP). Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 28 |Mathematics and Reading Professional Development Program, Assembly Bill 466 (Chapter 737, |ACTION INFORMATION |

| |Statutes of 2001): Approve Reimbursement Requests from Local Educational Agencies | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve reimbursement requests for local educational agencies (LEAs) that have complied with required assurances for the Mathematics and Reading Professional Development Program, Assemby Bill (AB) 466 (Chapter 737, Statutes of 2001.Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 29 |Immediate Intervention/Underperforming Schools Program and High Priority Schools Grant Program |ACTION INFORMATION |

| |(HPSGP): School Assistance and Intervention Team: Request to Rescind State-monitoring Status for| |

| |One HPSGP School | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to rescind the SBE action taken on November 9, 2006, to deem one High Priority Schools Grant Program (HPSGP) school as state-monitored and to assign a School Assistance and Intervention Team (SAIT) to the school listed on Attachment 1. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 30 |Immediate Intervention/Underperforming Schools Program and High Priority Schools Grant Program |ACTION INFORMATION |

| |(HPSGP): School Assistance and Intervention Team: Request to Approve an Amended Expenditure Plan| |

| |for One HPSGP School | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve a revised expenditure plan for a November 2006 state-monitored school. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 31 |2008 Reading/Language Arts/English Language Development Primary Adoption: Approval of the |ACTION INFORMATION |

| |Adoption Timeline | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve the Timeline for the 2008 Reading/Language Arts/English Language Development Primary Adoption. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 32 |Adoption of Instructional Materials: Revision of Schedule as Required by Assembly Bill 2722 |ACTION INFORMATION |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to revise the schedule for curriculum framework development and adoption of instructional materials and continue all instructional materials adoption lists until the date of the next primary adoption in that subject area. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 33 |2007 Mathematics Primary Adoption: Approval of Revised Timeline |ACTION INFORMATION |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to recommends that the State Board of Education (SBE) approve the revised 2007 Mathematics Primary Adoption Timeline. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 34 |Chief Business Officer Training Program – Approve Training Candidates |ACTION INFORMATION |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve candidates nominated by their local educational agencies (LEAs) for the Chief Business Officer (CBO) Training Program and approve requests to change LEAs’ selected training provider. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 35 |Charter Schools: Determination of Funding Requests for 2006-07 (and beyond) for |ACTION INFORMATION |

| |Non-classroom-based Charter Schools | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve twenty-four 2006-07 (and beyond) determination of funding requests from charter schools pursuant to Education Code (EC) sections 47612.5 and 47634.2, and California Code of Regulations, Title 5, sections 11963 to 11963.6, inclusive, based upon the recommendations of the Advisory Commission on Charter Schools (ACCS) as presented in Attachment 1. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM 36 |Assignment of Numbers for Charter School Petitions |ACTION INFORMATION |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to assign charter numbers to the charter schools identified on the attached list. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

Waiver Consent Items

ADULT EDUCATION STATE BLOCK ENTITLEMENT

|ITEM WC-1 |Request by Grossmont Union High School District (UHSD) to waive Education Code (EC) Section |ACTION |

| |52522(b) to increase from 5 percent to 7 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: 8-12-2006 | |

| |(Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM WC-2 |Request by Metropolitan Education District to waive Education Code (EC) Section 52522(b) to |ACTION |

| |increase from 5 percent to 7 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: 7-12-2006 | |

| |(Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM WC-3 |Request by Riverside Unified School District (USD) to waive Education Code (EC) Section 52522(b) |ACTION |

| |to increase from 5 percent to 7 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: 9-12-2006 | |

| |(Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT

|ITEM WC-4 |Request by Acton-Agua Dulce Unified School District for a renewal waiver of Section 131(d)(1) of |ACTION |

| |the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-29-2006 | |

| |(Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM WC-5 |Request by Sierra-Plumas Joint Unified School District for a renewal waiver of Section 131(d)(1) |ACTION |

| |of the Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332) | |

| |Waiver Number: Fed-30-2006 | |

| |(Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

SAFE AND DRUG FREE

| ITEM WC-6 |Request by Fillmore Unified School District to waive No Child Left Behind Act (NCLB); Title IV, |ACTION |

| |Part A, Section 4115 (a)(1)(c) to use Safe and Drug Free Schools and Communities funds to support | |

| |the cost of The Great Body Shop - a Comprehensive Health, Substance Abuse, Violence Prevention | |

| |Program. | |

| |Waiver Number: Fed-28-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations, including conditions. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM WC-7 |Request by Sierra Sands Unified School District to waive No Child Left Behind Act (NCLB); Title |ACTION |

| |IV, Part A, Section 4115 (a)(1)(c) to use Safe and Drug Free Schools and Communities funds to | |

| |support the cost of The Great Body Shop, a Comprehensive Health, Substance Abuse, Violence | |

| |Prevention Program prekindergarten to eighth grade. | |

| |Waiver Number: Fed-1-2007 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations, including conditions. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

SCHOOL SITE COUNCIL

|ITEM WC-8 |Request by Sausalito Marin City School District under the authority of Education Code (EC) Section|ACTION |

| |52863 for a waiver of EC Section 52852, allowing one joint school site council to function for two| |

| |small schools, Bayside Elementary School and Martin Luther King Jr. Academy Middle School. | |

| |Waiver Number: 17-11-2006 | |

| |(Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

SUMMER SCHOOL MEAL

|ITEM WC-9 |Request by Summerville Union High School District to waive Education Code (EC) Section 49550, the |ACTION |

| |State Meal Mandate during the Summer School Session. | |

| |Waiver Number: 7-1-2007 | |

| |(Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

Waiver Items

BOND INDEBTEDNESS

|ITEM W-2 |Request by Los Gatos School District to waive Education Code (EC) Section 15102, to allow the |ACTION |

| |district to exceed its bonding limit of 1.25 percent of the taxable assessed value of property. | |

| |(Requesting 1.26 percent) | |

| |Waiver Number: 17-1-2007 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations, including conditions. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

CHARTER SCHOOLS

|ITEM W-3 |Request by the Hawthorne School District, a district serving kindergarten through grade eight, to |ACTION |

| |waive Education Code sections 47605(a)(6) to allow the district to renew the charter of the | |

| |Hawthorne Mathematics and Science Academy, a school serving grades nine through 12. | |

| |Waiver Number: 5-12-2006 | |

| |(Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

COMMUNITY DAY SCHOOL

|ITEM W-5 |Request by Shandon Joint Unified School District for a waiver of portions of Education Code (EC) |ACTION |

| |sections 48660 and 48916.1(d) to permit a community day school (CDS) established to serve students| |

| |in grades 7-12 to also serve 6th grade students. | |

| |Waiver Number: 24-1-2007 | |

| |(Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM W-6 |Request by Pleasanton Unified School District for a waiver of Education Code (EC) Section 48661(a)|ACTION |

| |relating to the placement of a community day school on the same site as a continuation high school| |

| |(Village Continuation High School). | |

| |Waiver Number: 1-2-2007 | |

| |(Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

COUNTY BOARD OF EDUCATION ELECTION

|ITEM W-7 |Request by Mendocino County Office of Education to waive Education Code (EC) Section 1006(a) |ACTION |

| |regarding the prohibition against electing a school district employee as a member of the county | |

| |board of education. | |

| |Waiver Number 13-12-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations, including conditions. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

DISTRICT REORGANIZATION

|ITEM W-8 |Request by the Riverside and San Bernardino County Offices of Education for a waiver of portions |ACTION |

| |of Education Code (EC) Section 35706 regarding the 120-day timelines between the first public | |

| |hearing and approval or disapproval of the petition by the Riverside County Committee on School | |

| |District Reorganization. This is a contested transfer of acreage from Beaumont Unified School | |

| |District to Yucaipa-Calimesa Joint Unified School District. | |

| |Waiver Number: 6-1-2007 and 10-1-2007 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations, including conditions. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

GRADE NINE CLASS SIZE REDUCTION

|ITEM W-9 |Request by Petaluma Joint Union High School District to waive Education Code (EC) Sections |ACTION |

| |52084(a)(c) and 52086(a), Grade Nine Class Size Reduction Program (Morgan-Hart) the requirement | |

| |for a 20:1 student-teacher ratio so that the district may provide a 23 to 1 ratio across three | |

| |core courses--English, math and science with no more than 24 in any one class. | |

| |Waiver Number: 16-12-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations, including conditions. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

INSTRUCTIONAL MATERIALS FUNDING REALIGNMENT PROGRAM (IMFRP)

|ITEM W-10 |Petition request under Education Code (EC) sections 60421(d) and 60200(g) by Glendale Unified |ACTION |

| |School District to purchase specified non-adopted instructional materials (Everyday Mathematics, | |

| |Grades K-6) using Instructional Materials Funding Realignment Program (IMFRP) monies. | |

| |Waiver Number: 21-11-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations, including conditions. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

INSTRUCTIONAL TIME PENALTY

|ITEM W-11 |Request by Richland School District to waive Education Code (EC) Section 46201(d), the Longer Day |ACTION |

| |Incentive Program requirement penalty for offering less instructional time in the 2005-2006 fiscal| |

| |year than the minimum requirements set in 1986-87 fiscal year at Redwood Elementary School in the | |

| |morning kindergarten class (shortfall of 110) and in the afternoon kindergarten class (shortfall | |

| |of 150 minutes). | |

| |Waiver Number: 21-8-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations, including conditions. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

|ITEM W-12 |Request by Upland Unified School District to waive Education Code (EC) Section 46201(d), the |ACTION |

| |Longer Day Incentive Program audit penalty for offering less instructional time in the 2005-2006 | |

| |fiscal year than the minimum requirements set in 1986-1987 fiscal year at Magnolia Elementary in | |

| |kindergarten (shortfall of 125 minutes), Sierra Vista Elementary grades 4-6 (shortfall of 45 | |

| |minutes. | |

| |Waiver Number: 10-12-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations, including conditions. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

RESOURCE SPECIALIST CASELOAD

|ITEM W-14 |Request by West Park Elementary School District to waive Education Code (EC) Section 56362 (c), |ACTION |

| |allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by | |

| |no more than 4 students (32 maximum). Susan Schneider at West Park Elementary. | |

| |Waiver Number: 12-12-2006 | |

| |Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

SALE/LEASE OF SURPLUS PROPERTY

|ITEM W-15 |Request by Fountain Valley School District to waive portions of Education Code (EC) sections |ACTION |

| |17466, 17472, 17473,17474 and 17475, specific provisions for Sale/Lease of Surplus Property. | |

| |Approval of the waiver would allow the District to sell two pieces of property using a broker and | |

| |a “request for proposal” process, thereby maximizing the proceeds from the sale. The District | |

| |properties for which the waiver is requested are the Lamb Property and the Wardlow Property, both | |

| |located in Huntington Beach. | |

| |Waiver Number: 10-11-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations, including conditions. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

SCHOOL SITE COUNCIL

|ITEM W-16 |Request by Lindsay Unified School District under the authority of Education Code (EC) 52863 for a |ACTION |

| |waiver of EC Section 52852, to allow a reduction in the number and type of members required for a | |

| |school site council (SSC) for a small continuation high school (Cairns Continuation High School. | |

| |Waiver Number: 11-12-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations, including conditions. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

STATE TESTING

|ITEM W-17 |Request by sixteen local educational agencies (LEA) to waive the State Testing Apportionment |ACTION |

| |Information Report deadline of December 31st in the California Code of Regulations (CCR), Title 5,| |

| |Section 11517.5(b)(1)(A) regarding the California English Language 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 Numbers: see attached list for specific school districts | |

| |(Recommended for APPROVAL) | |

➢ ACTION: Member Chan, as part of the Consent Calendar, moved to approve staff recommendations. Member Bloom seconded the motion. The motion was approved by a vote of 6-0. Member Estep was absent for the vote. Member Lopez recused himself from the vote.

Thursday, March 8, 2007 – 8:00 a.m.±

Members Present

Alan Bersin

Ruth Bloom

Yvonne Chan

Don Fisher

Ruth Green

Ken Noonan

Members Absent

Jim Aschwanden

Andrew Estep

David Lopez

Johnathan Williams

VACANT

Call to Order President Noonan called the meeting to order at 9:20 a.m.

Salute to the Flag Member Bloom led the Board and audience in the Pledge of Allegiance.

➢ Approval of the Minutes: Member Green moved to approve the Minutes for the November 9-10, 2006, and January 10-11, 2007. Member Chan seconded the motion. The motion was approved by a vote of 6-0.

|ITEM 23 |High Priority Schools Grant Program: Approve Applications and Action Plans from Cohort 2 Schools |ACTION INFORMATION |

President Noonan announced Wendy Harris, Director of the School Improvement Division, who presented the item. Following Ms. Harris’ presentation, Member Fisher asked about the evaluation of the program and comparison groups. Several members asked questions of CDE staff regarding implementation of this program. Following Board deliberation, the Board took the following action:

➢ ACTION: Member Green moved to approve applications and action plans from Cohort 2 of the High Priority Schools Grant Program (HPSGP) and also include data analysis brought back to the board analyzing the program’s effectiveness and incorporating the findings of American Institutes of Research (AIR). Member Chan seconded the motion. The motion was approved by a vote of 6-0. Members Estep and Lopez were absent for the vote.

|ITEM 37 |2007 Mathematics Primary Adoption of Instructional Materials: Appointment of Instructional |ACTION INFORMATION |

| |Materials Advisory Panel Members and Content Review Panel Experts (Cohort 3) | |

President Noonan announced Mary Alicia McCrae, Chair of the Curriculum Commission who presented the item. Following Ms. McCrae’s presentation, Member Bersin asked about the composition of the panels. Ms. McCrae and Dr. Tom Adams, Director of the Curriculum Frameworks and Instructional Resources Division (CFIR), explained the recruitment efforts to assure Mr. Bersin that the panelists represented a range of backgrounds. Board members also discussed the fact that there was a shortage of Content Review Panelists (CRPs) and asked how this would be handled. Dr. Adams explained the CFIR staffs’ plans to handle the shortage and explained that an additional training session for any additional CRPs appointed after the training would not be practical. Following this discussion, the Board took the following action:

➢ ACTION: Member Bersin moved to approve appointment of nine of the ten Content Review Panel (CRP) experts as listed in Attachment 1 to the Board agenda item and approve one additional CRP as listed in the Item Addendum, as recommended by the Curriculum Development and Supplemental Materials Commission (Curriculum Commission). Member Bloom seconded the motion. The motion was approved by a vote of 6-0.

|ITEM 38 |2008 Reading/Language Arts/English Language Development Primary Adoption: Content Review Panel|ACTION INFORMATION |

| |and Instructional Materials Advisory Panel Applications Template | |

President Noonan introduced the item and asked Chair McCrae to describe this item for the Board. Following, Chair McCrae’s presentation, board members discussed the changes in the application suggested by the Curriculum Commission. Member Chan expressed concern with listing the programs on the application and suggested that it be put in the back as a reference to help answer question # 3 on the application. Member Bersin referenced a letter by Assembly Member Gene Mullin, Chair of the Assembly Education Committee, requesting the application be altered to avoid the perception that the board is being exclusionary. Board members discussed some additional changes in the applications based on public comment, and took the following action:

➢ ACTION: Member Bloom moved to Approve the 2008 Reading/Language Arts/English Language Development (RLA/ELD) Primary Adoption Content Review Panel (CRP) and Instructional Materials Advisory Panel (IMAP) Application templates as recommended by the Curriculum Development and Supplemental Materials Commission (Curriculum Commission) with the following changes:

o Include modifications one through four specified in the attachments of the January 4, 2007 SBE Staff Memorandum for Item 24;

o Move the list of state-adopted RLA/ELD programs on page 3 of the IMAP application to the back of the application and delete the reference to “years of experience.” This list will be used only as a reference for question #3 in the IMAP application;

o Include this list of state-adopted RLA/ELD programs referenced above in the CRP application to be used in the same manner as in the IMAP application; and,

o Add the following language to question 2 of the IMAP application after the word “experience”: “(including, for example, special education and English Language Development).”

Member Green seconded the motion. The motion was approved by a vote of 6-0.

|ITEM 39 |2005 History–Social Science: Deletion of Picture of Guru Nanak from the State |ACTION INFORMATION |

| |Board-Adopted History–Social Science Program, Oxford History-Social Science Program for | |

| |California | |

President Noonan introduced the item and asked Dr. Adams to describe this item for the Board. Following Dr. Adams presentation, Member Bloom suggested a compromise but the publisher was not present to respond to this suggested compromise. After public comment, members discussed various ways to address the problem such as substituting the picture or covering it with an explanation as to why it was covered. Following deliberation on this matter, the Board took the following action:

➢ ACTION: Member Bloom moved to approve the request from Oxford University Press to remove the picture of Guru Nanak from page 95 of the SBE-adopted textbook An Age of Voyages, 1350-1600, in all future printings of this book. In addition, direct the publisher to alter the image in the already printed text by covering the image with a pasteover and recommend that the publisher place on the pasteover appropriate text (or appropriate image) developed by SBE staff and CDE staff in consultation with the publisher. Member Green seconded the motion. The motion was approved by a vote of 6-0.

|ITEM 40 |State Board of Education-Approved Charter Schools: Update |ACTION INFORMATION |

This item was not considered by the Board at this meeting.

➢ NO ACTION WAS TAKEN ON THIS ITEM.

|ITEM 41 |Petition by the Aim High Community Charter School to Establish a Charter School under the |ACTION INFORMATION |

| |Oversight of the State Board of Education: Hold Public Hearing and Approve | |

This item was not considered by the Board at this meeting.

➢ NO ACTION WAS TAKEN ON THIS ITEM.

|ITEM 42 |Appeal by the Rehoboth Charter Academy for Renewal by the State Board of Education: Hold |ACTION INFORMATION |

| |Public Hearing and Take Action |PUBLIC HEARING |

This item was withdrawn by the petitioners and was not considered by the Board at this meeting.

➢ NO ACTION WAS TAKEN ON THIS ITEM.

|ITEM 43 |Facilities for Charter Schools (Proposition 39): Adopt or Amend Proposed Title 5 Regulations |ACTION INFORMATION |

President Noonan introduced the item and asked Ms. Marta Reyes, director of the Charter Schools Division, to present the item to the Board. Ms. Reyes and Mr. Greg Geeting presented the item. Following this presentation, several members of the public provided comments. After public comment Board members deliberated on this item. President Noonan announced that he was not prepared to vote on this item at this meeting.

➢ NO ACTION WAS TAKEN ON THIS ITEM.

ACADEMIC PERFORMANCE INDEX

|ITEM W-1 |Palo Verde Union Elementary School District (UESD) Academic Performance Index (API) Waiver. |ACTION |

| |Specifically, the district requests waiver of a portion of California Code of Regulations (CCR), | |

| |Title 5, Section 1032(d)(1) & (6) to allow Palo Verde Elementary School to be given a valid API | |

| |for the 2006 year despite “adult testing irregularities” (California Standards Test | |

| |English-language arts for 32 fourth-grade students) of 8.1 percent. | |

| |Waiver Number: 4-11-2006 | |

| |(Recommended for DENIAL) | |

This item was not considered by the Board at this meeting.

➢ ACTION: The waiver was automatically approved for one year in accordance with Ed Code Section 33052.

CHARTER SCHOOLS – RENEWAL TERM

|ITEM W-4 |Request by the Tehama County Department of Education to waive a portion of Education Code (EC) |ACTION |

| |Section 47607(a) to allow the Tehama County Board of Education to reduce the charter school’s | |

| |renewal term from five years to three years (Sacramento River Discovery Charter School). | |

| |Waiver Number: 29-1-2007 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

➢ NO ACTION WAS TAKEN ON THIS ITEM

PERSONNEL COMMISSION FUNCTIONS

|ITEM W-13 |Request by San Bernardino City Unified School District to waive portions of Education Code (EC) |ACTION |

| |sections 45272(a) and 45310, relating to the responsibilities of the Personnel Commission and its | |

| |Directors. Since these persons have not performed their mandated duties regarding filling | |

| |vacancies in the classified services classification, the district is requesting this waiver so | |

| |they can hire and pay classified employees using a designated district official, pending other | |

| |resolution of the problem. | |

| |Waiver Number: 11-10-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

President Noonan introduced the item and asked Ms. Judy Pinegar, administrator of the Waivers Office, to present the item to the Board. Ms. Pinegar presented the item and several members of the public spoke about this waiver request, including the petitioner for the waiver request. Public comment was followed by Board deliberation. Member Bersin recommended that petitioner withdraw the waiver request and preserve their right to return at a subsequent Board meeting. Petitioner opted not to withdraw. Following Board deliberation, the Board took the following action:

➢ ACTION: Member Bersin moved to deny the request. Member Bloom seconded the motion. The motion was approved by a vote of 6-0.

***ADJOURNMENT OF DAY’S SESSION***

***ADJOURNMENT OF THE MEETING***

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