FULL BOARD
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Wednesday, March 10, 2004 - 9:00 a.m. ± (Upon adjournment of Closed Session if held) California Department of Education, 1430 N Street, Room 1101, Sacramento , California
Public notice is hereby given that special presentations for informational purposes may take place during this session. |
STATE BOARD PROJECTS AND PRIORITIES. |
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| ITEM
1 |
Including, but not limited to, future meeting plans; agenda items; State Board office budget; staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; review of the status of State Board-approved charter schools as necessary; election of State Board officers; and other matters of interest. |
INFORMATION |
PUBLIC COMMENT. |
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| ITEM
2 |
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. |
INFORMATION |
| ITEM
3 |
Standardized Testing and Reporting (STAR): Including, but not limited to, approval to allow Grade Eleven Students enrolled in Integrated Mathematics 3 to take the Algebra II California Standards Test (CST). |
INFORMATION |
| ITEM
4 |
Standardized Testing and Reporting (STAR) Program: Approval of Contract Amendment for New Item Development. |
INFORMATION |
| ITEM
5 |
Standardized Testing and Reporting (STAR) Program: Approval of Performance Standards (Levels) for the Grade 5 Science California Standards Test (CST).
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INFORMATION |
| ITEM
6 |
Special Education, Standardized Testing and Reporting (STAR) Program: Approval of scope of work for the 2004-2005 California Alternate Performance Assessment (CAPA). |
INFORMATION |
| ITEM
7 |
Standardized Testing and Reporting (STAR) Program: Approval of 2004 District Apportionment Amounts. |
INFORMATION |
| ITEM
8 |
Golden State Seal Merit Diploma: Adopt Proposed Title 5 Regulations.
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INFORMATION |
| ITEM
9 |
California English Language Development Test (CELDT): Update including, but not limited to, 2003 Preliminary Annual Assessment Results.
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INFORMATION |
| ITEM
10 |
California High School Exit Examination (CAHSEE): Including, but not limited to, Program Update. |
INFORMATION |
| ITEM
11 |
General Education Development (GED): Approve Commencement of the Rulemaking Process for Amendments to Title 5 Section 11530(e).
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INFORMATION |
| ITEM
12 |
No Child Left Behind (NCLB) Act of 2001: Including, but not limited to, a report on the February NCLB Liaison Team meeting, Highly Qualified Teacher issues, and supplemental educational service provider. |
INFORMATION |
| ITEM
13 |
No Child Left Behind (NCLB) Act of 2001 : Ed-Flex. |
INFORMATION |
| ITEM
14 |
No Child Left Behind (NCLB) Act of 2001: Proposed Changes to California 's Accountability Workbook.
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INFORMATION ACTION |
| ITEM
15 |
No Child Left Behind (NCLB) Act of 2001: Identifying Title I-funded Local Educational Agencies (LEAs) for Program Improvement. |
INFORMATION ACTION |
| ITEM
16 |
No Child Left Behind (NCLB) Act of 2001: Title IX, Persistently Dangerous Schools (PDS): Adopt revisions to the definition used in designating Persistently Dangerous Schools. |
INFORMATION ACTION |
| ITEM
17 |
No Child Left Behind (NCLB) Act of 2001: Title I Committee of Practitioners: Approval of Appointments. |
INFORMATION ACTION |
| ITEM
18 |
No Child Left Behind (NCLB) Act of 2001: Local Educational Agency Plans.
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INFORMATION ACTION |
| ITEM
19 |
No Child Left Behind (NCLB) Act of 2001 : Supplemental Educational Service Providers required by Title I Section 1116(e).
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INFORMATION |
| ITEM
20 |
California State Plan (1999-2004) for the Workforce Investment Act, Title II: Adult Education and Family Literacy Act: Extension for one year and approval of performance goals for 2004-2005.
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INFORMATION ACTION |
| ITEM
21 |
Curriculum Commission: Appointment of Instructional Materials Advisory Panel (IMAP) member and Content Review Panel (CRP) experts for the 2004 Healthy Primary Adoption. |
INFORMATION ACTION |
| ITEM
22 |
Instructional Materials: Approve Commencement of the Rulemaking Process for Amendments to Title 5, Sections 9515 and 9517, and Addition of Section 9517.1 for Follow-up Adoptions.
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INFORMATION ACTION |
*** PUBLIC HEARING ***
A Public Hearing on the following agenda item will commence no earlier than 2:00 p.m. The Public Hearing will be held after 2:00 p.m. as the business of the State Board permits.
| ITEM
23 |
Curriculum Commission: Approval of Criteria for Evaluating K-8 Science Instructional Materials for 2006 Primary Adoption.
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INFORMATION ACTION |
*** END OF PUBLIC HEARING ***
| ITEM
24 |
Mathematics and Reading Professional Development Program (AB 466) (Chapter 737, Statutes of 2001): Including, but not limited to, Approval of Training Providers and Training Curricula. |
INFORMATION ACTION |
| ITEM
25 |
Mathematics and Reading Professional Development Program (AB 466): Approval of Requests for Local Educational Agency (LEA) Reimbursement for 2003-04. |
INFORMATION ACTION |
| ITEM
26 |
The Principal Training Program (AB 75): Approval of Local Educational Agencies (LEAs) and Consortia applications for funding and information on Evaluation Process for the Principal Training Program. |
INFORMATION ACTION
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| ITEM
27 |
The Principal Training Program (AB 75): Approval of Training Providers. |
INFORMATION ACTION |
| ITEM
28 |
Funding Approval for the California Healthy Kids Resource Center for State Fiscal Year 2003-2004. |
INFORMATION ACTION |
| ITEM
29 |
Teaching As A Priority Block Grant Program: Approval of Evaluation in Accordance with Education Code Section 44735(h). |
INFORMATION ACTION |
| ITEM
30 |
Special Education: Approve Extension of the Submission Date for Special Education Local Plan Area (SELPA) Annual Budget and Service Plans. |
INFORMATION ACTION |
| ITEM
31 |
Special Education: Adopt Regulation 3088.1 and 3088.2 regarding withholding funds to enforce special education compliance. |
INFORMATION ACTION |
ADJOURNMENT OF DAY'S SESSION
Thursday, March 11, 2004 - 8:00 a.m.± (Upon adjournment of Closed Session if held)
California Department of Education, 1430 N Street, Room 1101, Sacramento , California
- REPORT OF THE SUPERINTENDENT (unless presented on the preceding day)
- SPECIAL PRESENTATIONS
- Public notice is hereby given that special presentations for informational purposes may take place during this session.
- ITEMS DEFERRED FROM PRECEDING DAY
- Any matters deferred from the previous day's session may be considered.
The State Board of Education will also consider and take action as appropriate on the following agenda items:
| ITEM
32 |
Vision Testing: Adopt Proposed Amendments to California Code of Regulations, Title 5, Education , Division 1, Chapter 2, Subchapter 3, Article 4.
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INFORMATION |
| ITEM
33 |
Immediate Intervention/Underperforming Schools Program (II/USP): Waiver Policy for higher-performing II/USP schools that do not make "significant growth" and are subject to state sanctions. |
INFORMATION ACTION |
| ITEM
34 |
Immediate Intervention/Underperforming Schools Program (II/USP): Proposed Intervention for (Cohorts I and II) schools that failed to show significant growth.
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INFORMATION ACTION |
| ITEM
35 |
Immediate Intervention/Underperforming Schools Program (II/USP): School Assistance and Intervention Team (SAIT) Providers: Approve criteria for selection of SAIT Providers in 2004-05. |
INFORMATION ACTION |
| ITEM
36 |
Immediate Intervention/Underperforming Schools Program (II/USP): School Assistance and Intervention Team (SAIT): Approval of expenditure plan to support SAIT activities and corrective actions in "state-monitored" schools.
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INFORMATION |
| ITEM
37 |
Proposed State Board of Education (SBE) Waiver Policy and Guidelines: Algebra I Graduation Requirement for Seniors in 2003-2004. |
INFORMATION |
WAIVER REQUESTS
CONSENT MATTERS
The following agenda items include waivers and other administrative
matters that California
Department of Education (CDE) staff have identified as having
no opposition and presenting
no new or unusual issues requiring the State Board’s attention.
ADULT EDUCATION INNOVATION AND ALTERNATIVE INSTRUCTIONAL DELIVERY PROGRAM |
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| ITEM
WC-1 |
Request by Alhambra School
District to waive Education Code (EC) Section 52522(b) to increase their adult education state block entitlement of 5 percent to 7 percent for implementation of approved programs (Adult Education Innovation and Alternative Instructional Delivery Program). Waiver Number: 22-12-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
WC-2 |
Request by Torrance
Unified School District to waive Education Code (EC) Section 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: 27-12-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
CARL D. PERKINS VOCATIONAL & APPLIED TECHNOLOGY EDUCATION ACT |
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| ITEM
WC-3 |
Request by Muroc Joint
Unified School District for a waiver of Section
131(d)(1) of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (Public Law 105-332) Waiver Number: 24-12-2003 (Recommended for APPROVAL) |
ACTION |
| ITEM
WC-4 |
Request by Lucerne
Valley Unified School District for a waiver
of Section 131(d)(1) of the Carl D. Perkins Vocational
and Technical Education Act of 1998 (Public Law 105-332) Waiver Number: 25-12-2003 (Recommended for APPROVAL) |
ACTION |
FEDERAL WAIVERS – SAFE AND DRUG FREE |
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| ITEM
WC-5 |
Request by Novato Unified
School District to waive No Child Left Behind
Act (NCLB); Title IV, Part A, Section 4115 (a)(1)(c) to
use Safe and Drug Free Schools and Communities funds to
support the cost of Bully-Proofing Your School, a K-8
program that offers a systems approach for handling bully/victim
problems through the creation of a “caring community”
approach. Waiver Number: Fed-11-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
WC-6 |
Request by Novato
Unified School District to waive No Child Left
Behind Act (NCLB); Title IV, Part A, Section 4115 (a)(1)(c)
to use Safe and Drug Free Schools and Communities funds
to support the cost of Get Real About Violence, a researched-based,
K-12, violence prevention program. Waiver Number: Fed-07-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
WC-7 |
Request by Ross Valley
School District to waive No Child Left Behind Act (NCLB); Title IV, Part A, Section 4115 (a)(1)(c) to use Safe and Drug Free Schools and Communities funds to support the cost of Bully-Proofing, a K-8 program that offers a systems approach for handling bully/victim problems through the creation of a “caring community”. Waiver Number: Fed-14-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
WC-8 |
Request by Simi
Valley School District to waive No Child
Left Behind Act (NCLB); Title IV, Part A, Section
4115 (a)(1)(c) to use Safe and Drug Free Schools and
Communities funds to support the cost of Get Real
About Violence, a violence prevention program for
grades six through nine Waiver Number: Fed-15-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
WC-9 |
Request by Los Angeles
Unified School District to waive No Child Left
Behind Act (NCLB); Title IV, Part A, Section 4115 (a)(1)(C)
to use Safe and Drug Free Schools and Communities funds
to support the cost of Take Charge of Your Life, a seventh
and ninth grade prevention program Waiver Number: Fed-22-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
WC-10 |
Request by Clovis
Unified School District to waive No Child
Left Behind Act (NCLB); Title IV, Part A, Section
4115 (a)(1)(C) to use Safe and Drug Free Schools and
Communities funds to support the cost of Take Charge
of Your Life, a seventh and ninth grade prevention
program Waiver Number: Fed-18-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
WC-11 |
Request by ten school
districts for a retroactive waiver of Education Code
(EC) Section 60119 regarding Annual Public
Hearing on the availability of textbooks or instructional
materials. The district had an audit finding for fiscal
year 2002-2003 that they 1) failed to hold the public
hearing, or 2) failed to properly notice (10 days) the
public hearing and/or 3) failed to post the notice in
the required three public places. 16-11-2003 – Mountain Union SD 17-12-2003 – Oxnard SD 20-01-2004 – Placer Union High SD 15-11-2003 – Santa Paula Elementary School District 09-10-2003 – Shaffer Elementary SD 31-12-2003 – Central SD 11-12-2003 – Hesperia Unified SD 29-12-2003 – San Ramon Valley SD 32-07-2003 – Lake Elsinore Unified SD 04-10-2003 – Turlock Joint Union High SD (Recommended for APPROVAL) |
ACTION |
STATE MEAL MANDATE (Summer School Session) |
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| ITEM
WC-12 |
Request by various
school districts to waive Education Code
(EC) Section 49550, the State Meal Mandate during
the Summer School Session. Waiver Number (see attached list of districts) (Recommended for APPROVAL) |
ACTION |
NONPUBLIC SCHOOL/AGENCY (annual certification) |
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| ITEM
WC-13 |
Request by Los Angeles
Unified School District to waive Education Code (EC) Section 56366.1(g), the August 1 through October 31 timeline on annual certification renewal application for nonpublic agency (NPA) Wayne Tashjian, Marriage and Family Therapist (MFT). Waiver Number: 16-12-2003 (Recommended for APPROVAL) |
ACTION |
| ITEM
WC-14 |
Request by Santa
Clarita Valley Special Education Local Plan Area (SELPA) to waive Education Code (EC) Section 56366.1(g), the August 1 through October 31 timeline on annual certification renewal application for nonpublic agency (NPA) Community Therapies. Waiver Number: 33-12-2003 (Recommended for APPROVAL) |
ACTION |
RESOURCE SPECIALIST |
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| ITEM
WC-15 |
Request from
the Mammoth Unified School District to
waive Education Code (EC) section 56362(c); allowing
the caseload of the resource specialist to exceed
the maximum caseload of 28 students by no more than
four students (32 max) for Jennifer McGraw assigned
at Mammoth High School. Waiver Number: 7-10-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
WC-16 |
Request by Clovis
Unified School District to waive Education
Code (EC) Section 56362(c); allowing the caseload
of the resource specialist to exceed the maximum caseload
of 28 students by no more than four students (32 maximum)
Linda Gillis/Sarah West assigned at Dry Creek Elementary
School. Waiver Number: 32-12-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
NON-CONSENT (ACTION)
The following agenda items include waivers and other
administrative matters that CDE staff
have identified as having opposition, being recommended
for denial, or presenting new or
unusual issues that should be considered by the State
Board. On a case by case basis public
testimony may be considered regarding the item, subject
to the limits set by the Board
President or the President’s designee; and action
different from that recommended by CDE
staff may be taken.
ALGEBRA I GRADUATION REQUIREMENT |
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| ITEM
W-1 |
Request by various
districts to waive Education Code (EC)
Section 51224.5(b), the requirement that all students
graduating in the 2003-04 year be required to
complete Algebra I to be given a diploma of graduation. Waiver Number: (see attached list of districts) (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
ADMINISTRATIVE CREDENTIAL FOR COE SUPERINTENDENT |
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| ITEM
W-2 |
Request by Sacramento County Office of
Education (COE) to waive Education Code
(EC) Section 1206 and1208, the requirement that
a county superintendent must possess an administrative
credential as a condition of holding the superintendent
position. Waiver Number: 14-2-2004 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
CHARTER SCHOOLS (full funding) |
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| ITEM
W-3 |
Request by
California Virtual Academy @ Kern Charter School
for a waiver of Title 5 of the California
Code of Regulations (5 CCR) Section 11963.4(b)(3)
to allow the charter school to receive full
funding with less than 50 percent (but more
than 30 percent) of expenditures required for
certificated staff costs due to the characteristics
of a “Virtual Education Program.” Waiver Number: 9-9-2003 (Recommended for DENIAL per EC 33051(a)(6)) |
ACTION |
| ITEM
W-4 |
Request by
California Virtual Academy @ San Diego Charter
School for a waiver of Title 5 of the
California Code of Regulations (5 CCR) Section
11963.4(b)(3) to allow the charter school to receive
full funding with less than 50 percent (but more
than 30 percent) of expenditures required for
certificated staff costs due to the characteristics
of a “Virtual Education Program.” Waiver Number: 10-9-2003 (Recommended for DENIAL per EC 33051(a)(6)) |
ACTION |
| ITEM
W-5 |
Request by California
Virtual Academy @ Kern Charter School for
a waiver of Education Code Section 51745.6 and Title
5, California Code of Regulations (5 CCR) sections
11704 and 11963.3(2) related to charter school independent
study average daily attendance (ADA)-to-teacher
ratios to allow a ratio that is 50 percent higher
than the ratio required by these sections. (Prospective) Waiver Number: 11-9-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
W-6 |
Request by California
Virtual Academy @ San Diego Charter School
for a waiver of Education Code Section 51745.6 and
Title 5, California Code of Regulations (5 CCR)
sections 11704 and 11963.3(2) related to charter
school independent study average daily attendance
(ADA)-to teacher ratios to allow a ratio that is
50 percent higher than the ratio required by these
sections. (Prospective) Waiver Number: 8-9-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
EQUITY LENGTH OF TIME |
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| ITEM
W-7 |
Request by Bonita Unified
School District to waive Education Code (EC) Section
37202, equity length of time requirement, to allow
a full day kindergarten pilot program at Allen
Avenue, Fred Ekstrand Elementary, Gladstone, Grace
Miller, La Verne Heights Elementary, and J. Marion
Roynon Elementary School. Waiver Number: 1-9-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
FEDERAL WAIVERS – SAFE AND DRUG FREE |
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| ITEM
W-8 |
Request by Clovis
Unified School District to waive No
Child Left Behind Act (NCLB), Title IV, Part
A, Section 4115 (a)(1)(c) to use Safe and Drug
Free Schools and Communities funds to support
the cost of Here’s Looking At You, a K-12
grade prevention program. Waiver Number: Fed-17-2003 (Recommended for DENIAL) |
ACTION |
HIRING PRACTICES – DISTRICT EMPLOYEE |
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| ITEM
W-9 |
Request by Manhattan
Beach Unified School District to waive
portions of Education Code (EC) Section 45272(a),
to allow the district to pass over staff in
the top three hiring ranks in order to hire
a substitute assistant who has been working
in the district’s Child Development Center. Waiver Number 28-12-2003 (Recommended for APPROVAL) |
ACTION |
IMMEDIATE INTERVENTION/UNDERPERFORMING SCHOOLS PROGRAM (II/USP) |
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| ITEM
W-10 |
Request by Sacramento
City Unified School District for Fruit Ridge
Elementary School, in Cohort I of the Immediate
Intervention/Underperforming Schools Program
(II/USP) postponed from January 8, 2004 (Invalid
API) to waive sanctions in portions of Education
Code (EC) Section 52055.5(h), in effect to
keep the school on “watch” for
the 2003-04 school year. Waiver Number: 3-2-2004 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
W-11 |
Request
by Burbank Unified School District for Providencia
Elementary School, in Cohort I of
the Immediate Intervention/Underperforming
Schools Program (II/USP) deemed state monitored
on Nov 12, 2003, (Valid API) to waive sanctions
in portions of Education Code (EC) Section
52055.5(h) and remain on “watch”
for the 2003-04 school year. Waiver Number: 6-12-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
W-12 |
Request
by San Jose Unified School District for
Hester Elementary School, in Cohort
I of the Immediate Intervention/Underperforming
Schools Program (II/USP) deemed state-monitored
on Nov 12, 2003, (Valid API) to waive sanctions
in portions of Education Code (EC) Section
52055.5(h) and remain “on watch”
for the 2003-04 school year. Waiver Number: 3-12-2003 (Recommended for DENIAL) |
ACTION |
| ITEM
W-13 |
Request by Biggs
Unified School District for Biggs Elementary
School, in Cohort I of the Immediate
Intervention/Underperforming Schools Program
(II/USP), to waive the II/USP timeline for
the School Assistance and Intervention Team
(SAIT) of Education Code (EC) Section 52055.51(d)(e)
to be restarted to begin on March 11, 2004 Waiver Number 18-2-2004 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
INSTRUCTIONAL TIME PENALTY |
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| ITEM
W-14 |
Request by
Duarte Unified School District
to waive Education Code (EC) Section 46201(d),
the longer day instructional time penalty
for fiscal year 2002-2003 at Andres
Duarte Elementary School due
to a shortage of 900 instructional minutes. Waiver Number: 12-7-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
| ITEM
W-15 |
Request by
Lake Elsinore Unified School District
to waive Education Code (EC) Section 46201(d),
the longer day instructional time penalty
for fiscal year 2002-2003 at Cottonwood
Canyon Elementary School due
to a shortage of 2,160 instructional minutes. Waiver Number 30-12-2003 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
PETITION |
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| ITEM
W-16 |
Petition request
under Education Code (EC) Section 60421(d)
and 60200(g) by Palo Alto Unified
School District to purchase Instructional
Resources (Ca. Edition of Full Option
Science System (FOSS) K-5) using Instructional
Materials Funding Realignment Program
(IMFRP) monies Waiver Number: 15-1-2004 (Recommended for APPROVAL WITH CONDITIONS) |
ACTION |
END OF WAIVER REQUESTS
| ITEM
38 |
Assignment of Numbers for Charter School Petitions.
|
INFORMATION |
| ITEM
39 |
Appointment to Advisory Commission on Charter Schools.
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INFORMATION |
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ITEM
40 |
Charter School Funding Requests Pursuant to Senate Bill (SB) 740 (Chapter 892, Statutes of 2001): Approval of Determination of Funding Requests.
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INFORMATION |
| ITEM
41 |
Funding
for Countrywide Charter Schools [Assembly
Bill (AB) |
INFORMATION |
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| ITEM
42 |
Request by the Academy
of Culture and Technology for an
|
INFORMATION |
| ITEM
43 |
Request by the Ridgecrest Charter School for Renewal of its State Board of Education -- Approved Charter.
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INFORMATION |
| ITEM
44 |
Legislative
Update: Including, but not limited to, information
on |
INFORMATION |
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| ITEM
45 |
2003-04
Consolidated Applications – Update on
Local Educational |
INFORMATION |
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Adjournment of Meeting
For more information concerning this agenda, please contact Rae Belisle, Executive Director of the California State Board of Education, or Deborah Franklin, Education Policy Consultant, at 1430 N Street, Room 5111, Sacramento, Ca, 95814; telephone (916) 319-0827; fax (916) 319-0175. To be added to the speaker's list, please fax or mail your written request to the above referenced address/fax number. This agenda is posted on the State Board of Education's Web site at http://www.cde.ca.gov/be/