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State Board Members

Ruth E. Green, President
Glee Johnson, Vice President
Ruth Bloom
Don Fisher
Ricky Gill
Reed Hastings
Jeannine Martineau
Joe Nuñez
Bonnie Reiss
Suzanne Tacheny
Johnathan Williams

Secretary & Executive Officer

Hon. Jack O'Connell

Executive Director

Rae Belisle

SCHEDULE OF MEETING

LOCATION

Wednesday, September 8, 2004
9:00 a.m. ±

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

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

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

CLOSED SESSION AGENDA

Under Government Code section 11126(e)(1), the State Board of Education hereby provides public notice that some or all of the pending litigation which follows will be considered and acted upon, as necessary and appropriate, in closed session:

  • Acevedo, et al. v. State of California, et al ., Sacramento County Superior Court, Case No. 03CS00827
  • Adkins, et al . v. State of California, et al., Sacramento County Superior Court, Case No. 03CS00938
  • Aguayo, et al. v. State of California, et al ., Sacramento County Superior Court, Case No. 03CS00825
  • Amy v. California Dept. of Education, et al., Los Angeles County Superior Court, Case No. 99CV2644LSP
  • Boyd, et al. v. State of California, et al., Sacramento County Superior Court, Case No. 01CS00136
  • Brian Ho, et al., v. San Francisco Unified School District, et al., United States District Court, Northern District of California, Case No. C-94-2418 WHO
  • Buckle, et al. v. State of California, et al ., Sacramento County Superior Court, Case No. 03CS00826
  • California Association of Private Special Education Schools, et al., v. California Department of Education, et al. , Los Angeles County Superior Court, Case No. BC272983
  • California Department of Education, et al., v. San Francisco Unified School District, et al., San Francisco Superior Court, Case No. 994049 and cross-complaint and cross-petition for writ of mandate and related actions
  • California State Board of Education v. Delaine Eastin, the Superintendent of Public Instruction for the State of California, Sacramento County Superior Court, Case No. 97CS02991 and related appeal
  • Californians for Justice Education Fund, et al. v. State Board of Education, S an Francisco City/County Superior Court, Case No. CPF-03-50227
  • Campbell Union High School District, et al. v. State Board of Education, et al., Sacramento Superior Court, Case No. 99CS00570
  • Chapman, et al. v. California Department of Education, et al., Alameda County Superior Court, Case No. 2002-049636
  • Chapman, et al. v. California Department of Education, et al., United States District Court, Northern District of California, Case No. C-01-1780 BZ
  • City Council of the City of Folsom v. State Board of Education, Sacramento County Superior Court, Case No. 96-CS00954
  • Coalition for Locally Accountable School Systems v. State Board of Education, Sacramento County Superior Court, Case No. 96-CS00939
  • Comité de Padres de Familia v. Honig, Sacramento County Superior Court, Case No. 281124; 192 Cal.App.3d 528 (1987)
  • Crawford v. Honig, United States District Court, Northern District of California, Case No. C-89-0014 DLJ
  • CTA, et al. v. Wilson, United States District Court, Central District of California, Case No. 98-9694 ER (CWx) and related appeal
  • Daniel, et al. v. State of California, et al., Los Angeles Superior Court, Case No. BC214156
  • Donald Urista, et al. v. Torrance Unified School District, et al., United States District Court, Central District of California, Case No. 97-6300 ABC
  • Dutton v. State of California, et al . Sacramento County Superior Court, Case No. 03CS01723
  • Educational Ideas, Inc. v. State of California, et al., Sacramento County Superior Court, Case No. 00CS00798
  • Emma C., et al. v. Delaine Eastin, et al., United States District Court, Northern District of California, Case No. C 96 4179
  • EMS-BP, LLC, Options for Youth Burbank, Inc . et al. v. California Department of Education, et al. , Sacramento County Superior Court, Case No. 03CS01078 / 03CS01079
  • Ephorm, et al. v. California Board of Education, et al., Los Angeles Superior Court, Case No. TC013485
  • Grant Joint Union High School District v.California State Board of Education, et al. Sacramento County Superior Court, Case No. 03 CS 01087
  • Larry P. v. Riles, 495 F.Supp 926 (N.D. Ca. 1979) aff'd in part, rev'd in part, 793 F.2d 969 (9th Cir. 1986)
  • Maureen Burch, et al. v. California State Board of Education, Los Angeles County Superior Court, Case No. BS034463 and related appeal
  • McNeil v. State Board of Education, San Mateo County Superior Court, Case No. 395185
  • Meinsen, et al. v. Grossmont Unified School District, et al., U.S. District Court, Southern District of California, Case No. C 96 1804 S LSP (pending)
  • Miller, et al. v. California Department of Education, et al. , San Diego Superior Court, North District , Case No. GIN036930
  • Ocean View School District, et al.v SBE, et al., Superior Court of San Francisco, Case No. CGC-02-406738
  • Pazmiño, et al . v. California State Board of Education, et al., San Francisco City/County Superior Court, Case No. CPF-03-502554
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • Renaissance Academy Charter School, et al. v. Los Angeles Unified School District, et al., Los Angeles County Superior Court, Case No. BS090869
  • Roxanne Serna, et al., v. Delaine Eastin, State Superintendent of Public Instruction, et al., Los Angles County Superior Court, Case No. BC174282
  • San Francisco NAACP v. San Francisco Unified School District, et al., United States District Court, Northern District of California, Case No. 78-1445 WHO
  • San Mateo-Foster City School District, et al., v. State Board of Education, San Mateo County Superior Court, Case No. 387127
  • San Rafael Elementary School District v. State Board of Education, et al., Sacramento County Superior Court, Case No. 98-CS01503 and related appeal
  • Shevtsov v. California Department of Education , United States District Court, Central District of California, Case No. CV 97-6483 IH (CT)
  • Valeria G., et al. v. Wilson, et al., United States District Court, Northern District of California, Case No. C-98-2252-CAL; Angel V. v. Davis, Ninth Circuit No. 01-15219
  • Tinsley v. State of California , San Mateo County Superior Court, Case No. 206010
  • Wilkins, et al. , v. California Board of Education, et al., Los Angeles Superior Court, Case No. TC014071
  • Williams, et al. v. State of California, et al., San Francisco Superior Court, Case No. 312236
  • Wilson, et al. v. State Board of Education, et al., Los Angeles Superior Court, Case No. BC254081

Under Government Code section 11126(e)(2), the State Board of Education hereby provides public notice that it may meet in closed session to determine whether, based on existing facts and circumstances, any matter presents a significant exposure to litigation [see Government Code section 11126(e)(2)(B)(ii)] and, if so, to proceed with closed session consideration and action on that matter, as necessary and appropriate [see Government Code section 11126(e)(2)(B)(i)]; or, based on existing facts and circumstances, if it has decided to initiate or is deciding whether to initiate litigation [see Government Code section 11126(e)(2)(C)].

Under Government Code section 11126(c)(14), the State Board of Education hereby provides public notice that it may meet in closed session to review and discuss the actual content of pupil achievement tests (including, but not limited to, the High School Exit Exam) that have been submitted for State Board approval and/or approved by the State Board.

Under Government Code section 11126(a), the State Board of Education hereby provides public notice that it may meet in closed session regarding the appointment, employment, evaluation of performance, or dismissal of employees exempt from civil service under Article VII, Section 4(e) of the California Constitution.

Schedule of Meeting Location

Wednesday, September 8, 2004
9:00 a.m. ± (Upon Adjournment of Closed Session, if held)

STATE BOARD OF EDUCATION
Public Session

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

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

Schedule of Meeting Location

Thursday, September 9, 2004
8:00 a.m. ±

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

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

Please see Closed Session Agenda above. The Closed Session (1) may commence earlier than 8:00 a.m.; (2) may begin at or before 8:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:00 a.m.

Schedule of Meeting Location

Thursday, September 9, 2004

8:00 a.m. ± (Upon Adjournment of Closed Session, if held)
STATE BOARD OF EDUCATION
Public Session

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

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

ALL TIMES ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE ONLY
ALL ITEMS MAY BE RE-ORDERED TO BE HEARD
ON ANY DAY OF THE NOTICED MEETING
THE ORDER OF BUSINESS MAY BE CHANGED WITHOUT NOTICE

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

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

FULL BOARD
Public Session

AGENDA

September 8 - 9, 2004

 

All Items within the Agenda are Portable Document Format (PDF) Files. And you'll need Adobe Acrobat Reader to open them.

Wednesday, September 8, 2004 -- 9:00 a.m.± (Upon adjournment of Closed Session if held)

California Department of Education, 1430 N Street, Room 1101, Sacramento, California
  • Call to Order
  • Salute to the Flag
  • Approval of Minutes (July 2004 Meeting)
  • Announcements
  • Communications
  • REPORT OF THE SUPERINTENDENT
  • SPECIAL PRESENTATIONS

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

ITEM 1
(PDF;
414KB;
26pp.)

STATE BOARD PROJECTS AND PRIORITIES.
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; 2002-2004 biennial report to the Governor; and other matters of interest.

INFORMATION ACTION

ITEM 2
(PDF;
26KB;
1p.)

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.

INFORMATION

ITEM 3
(PDF;
692KB;
71pp.)

Seminar: Educating English Learners in California.

INFORMATION

ITEM 4
(PDF;
23KB;
1p.)

Standardized Testing and Reporting (STAR) Program: Including, but Not Limited to, STAR Program Update.

INFORMATION
ACTION

ITEM 5
(PDF;
284KB;
16pp.)

Standardized Testing and Reporting (STAR) Program: Release of the 2004 Test Results.

INFORMATION
ACTION

ITEM 6
(PDF;
212KB;
32pp.)

Standardized Testing and Reporting (STAR) Program: Adopt Amendments to Title 5 Regulations.

INFORMATION
ACTION

 

ITEM 7
(PDF;
28KB;
2pp.)

Standardized Testing and Reporting (STAR) Program: Approval of the 2004-2005 Contract for the Spanish Assessment of Basic Education (SABE/2) with CTB/McGraw-Hill.

INFORMATION
ACTION

ITEM 8
(PDF;
24KB;
1p.)

California High School Exit Examination (CAHSEE): Including, but Not Limited to, CAHSEE Program Update.

INFORMATION
ACTION

ITEM 9
(PDF;
1.63MB;
37pp.)

California High School Exit Examination (CAHSEE): Release of the 2004 Test Results.

INFORMATION
ACTION

ITEM 10
(PDF;
39KB;
2pp.)

California High School Exit Examination (CAHSEE): Approve District Apportionments for 2004-2005.

INFORMATION
ACTION

ITEM 11
(PDF;
30KB;
21pp.)

California High School Exit Examination (CAHSEE): Adopt Amendments to Title 5 Regulations.

INFORMATION
ACTION

ITEM 12
(PDF;
24KB;
1p.)

California English Language Development Test (CELDT): Including, but Not Limited to, Update on CELDT Program.

INFORMATION
ACTION

ITEM 13
(PDF;
27KB;
1p.)

Accountability: The Academic Performance Index (API) and the Adequate Yearly Progress (AYP) Results.

INFORMATION
ACTION

ITEM 14
(PDF;
30KB;
2pp.)

No Child Left Behind (NCLB) Act of 2001 - Including, but Not Limited to, Updates on the Status of Timeline Waiver/Ed-Flex and California’s Proposed Amendments to the State’s Accountability Workbook.

INFORMATION
ACTION

ITEM 15
(PDF;
37KB;
2pp.)

No Child Left Behind (NCLB) Act of 2001 : Approve Local Educational Agency Plans Title I Section 1112.

INFORMATION
ACTION

ITEM 16
(PDF;
67KB;
5pp.)

No Child Left Behind (NCLB) Act of 2001: Approve Additional Supplemental Educational Service Providers for the List of 2004-2005 School Year Providers.

INFORMATION
ACTION

ITEM 17
(PDF;
110KB;
13pp.)

No Child Left Behind (NCLB) Act of 2001: Approve Commencement of the Rulemaking Process for the Proposed Regulations for Supplemental Educational Services Title I Section 1116(e) (20 United States Code Section 6316(e).

INFORMATION
ACTION

ITEM 18
(PDF;
120KB;
11pp.)

No Child Left Behind (NCLB) Act of 2001: Title IX, Persistently Dangerous Schools: Approve 15-Day Comment Period for Proposed Title 5 Regulations with Revisions.

INFORMATION
ACTION

ITEM 19
(PDF;
243KB;
16pp. )

No Child Left Behind (NCLB) Act of 2001 : Reading First Special Education Referral Reduction Program Application Review Process.

INFORMATION
ACTION

ITEM 20
(PDF;
63KB;
9pp.)

Immediate Intervention/Underperforming Schools Program (II/USP) and High Priority Schools Grant Program (HPSGP): Proposed Definition of Significant Growth: Approve Commencement of the Rulemaking Process.

INFORMATION
ACTION

ITEM 21
(PDF;
50KB;
5pp.)

Immediate Intervention/Underperforming Schools Program (II/USP): Proposed Intervention for Cohort I, II, and III, Schools that Failed to Show Significant Growth.

INFORMATION
ACTION

ITEM 22
(PDF;
36KB;
3pp.)

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.

INFORMATION
ACTION

ITEM 23
(PDF;
31KB;
2pp.)

High Priority Schools Grant Program (HPSGP): Review of Schools Not Making Significant Growth After 24 Months: Development of State Board of Education Procedure.

INFORMATION
ACTION

ITEM 24
(PDF;
71KB;
11pp.)

Special Education: Adopt Title 5 Regulations (Sections 3088.1 and 3088.2) Regarding Withholding Funds to Enforce Special Education Compliance.

INFORMATION
ACTION

ITEM 25
(PDF;
47KB;
4pp.)

Curriculum Development and Supplemental Materials Commission: Report to the State Board.

INFORMATION
ACTION

ITEM 26
(PDF;
37KB;
5pp.)

Instructional Materials Fund -- Approve Tentative Encumbrances and Allocations for Fiscal Year 2004-05.

INFORMATION
ACTION

ITEM 27
(PDF;
39KB;
5pp.)

School Bus and School Pupil Activity Bus Lap/Shoulder Belt Regulation: Adopt Proposed Title 5 Regulation.

INFORMATION
ACTION

ITEM 28
(PDF;
29KB;
2pp.)

2003-2004 Consolidated Applications: Approval.

INFORMATION
ACTION

ITEM 29
(PDF;
146KB;
45pp.)

2004-2005 Consolidated Applications: Approval.

INFORMATION
ACTION

ITEM 30
(PDF;
31KB;
3pp.)

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 31
(PDF;
96KB;
6pp.)

Mathematics and Reading Professional Development Program
(AB 466): Approve Local Education Agencies’ (LEAs) Reimbursement Requests.

INFORMATION
ACTION

ITEM 32
(PDF;
52KB;
4pp.)

The Principal Training Program (AB 75): Approval of Local Educational Agencies (LEAs) and Consortia Applications for Funding.

INFORMATION
ACTION

ITEM 33
(PDF;
33KB;
3pp.)

The Principal Training Program (AB 75): Approval of Training Providers.

INFORMATION
ACTION

ITEM 34
(PDF;
48KB;
7pp.)

Mathematics and Reading Professional Development Program

(AB 466): Adopt Title 5 Regulations.

INFORMATION
ACTION

ITEM 35
(PDF;
182KB;
27pp.)

Gifted and Talented Education (GATE): Approval of Local Educational Agency (LEA) Applications for Funding.

INFORMATION
ACTION

ITEM 36
(PDF;
28KB;
2pp.)

Assignment of Numbers for Charter School Petitions.

INFORMATION
ACTION

ITEM 37
(PDF;
45KB;
4pp.)

Charter Schools: Determination of Funding Requests for 2003-04 (and beyond) and for 2004-05 (and beyond) for Nonclassroom-based Charters.

INFORMATION
ACTION

ITEM 38
(PDF;
76KB;
12pp.)

Assembly Bill 1994 Statewide Charter Schools: Approve Commencement of Rulemaking Process for Amendments to Title 5 Sections 11967, 11968, and 11969.

INFORMATION
ACTION

ITEM 39
(PDF;
60KB;
8pp.)

Request by New West Charter Middle School to Make Material Amendments to its Charter.

INFORMATION
ACTION

ITEM 40
(PDF;
30KB;
2pp.)

English Learner Advisory Committee: Appointment of Members.

INFORMATION
ACTION

ADJOURNMENT OF DAY'S SESSION

Thursday, September 9, 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 41
(PDF;
52KB;
6pp.)

Legislative Update: Including, but Not Limited to, Information on Legislation.

INFORMATION
ACTION

*** PUBLIC HEARING***

A Public Hearing on the following agenda item will commence no earlier than 9:00 a.m. The Public Hearing will be held after 9:00 a.m. as the business of the State Board permits.

ITEM 42
(PDF;
83KB;
11pp.)

Environmental Effect of Proposed Formation of Wiseburn Unified School District from Wiseburn Elementary School District and a Portion of Centinela Valley Union High School District in Los Angeles County.

INFORMATION
ACTION
PUBLIC HEARING

ITEM 43
(PDF;
230KB;
32pp.)

Proposed Formation of Wiseburn Unified School District from Wiseburn Elementary School District and a Portion of Centinela Valley Union High School District in Los Angeles County.

INFORMATION
ACTION
PUBLIC HEARING

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.

CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT OF 1998

ITEM WC-1
(PDF;
26KB;
2pp.)

Request by Templeton Unified School District for renewal waiver of P.L.105-332, Section 131(d)(1) of the Carl D. Perkins Vocational and Technical Education Act of 1998 to Waive the Consortium Requirement.
Waiver Number: Fed-10-2004
(Recommended for APPROVAL)

ACTION
CHARTER SCHOOL ATTENDANCE

ITEM WC-2
(PDF;
29KB;
2pp.)

Request by Nevada County Superintendent of Schools under the authority of Education Code 33050 to waive Title 5 CCR Section 11960, related to charter school attendance for Muir Charter School.
Waiver Number: 18-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
FEDERAL WAIVER -- SAFE AND DRUG FREE

ITEM WC-3
(PDF;
28KB;
2pp.)

Request by Raisin City Elementary 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 kindergarten through grade eight program that offers a system approach to handling bully/victim problems through creation of a “caring community” approach and various safety and security measures.
Waiver Number: Fed-10-2003
(Recommended for APPROVAL WITH CONDITONS)

ACTION

ITEM WC-4
(PDF;
27KB;
2pp.)

Request by Buena Vista Elementary 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 Character Counts, an education program that embraces six core ethnical values (Trustworthiness, Respect, Responsibility, Fairness, Caring and Citizenship).
Waiver Number: Fed-13-2003
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM WC-5
(PDF;
27KB;
2pp.)

Request by Tulare City Elementary School Districtto 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 Discover Skills for Life, a curriculum for kindergarten through grade eight students.
Waiver Number: Fed-08-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
NONPUBLIC SCHOOL/AGENCY (annual renewal application deadline)

ITEM WC-6
(PDF;
27KB;
2pp.)

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 Verdugo Hills Autism Project.
Waiver Number: 3-7-2004
(Recommended for APPROVAL)

ACTION
PHYSICAL EDUCATION/BLOCK SCHEDULE

ITEM WC-7
(PDF;
38KB;
2pp.)

Request by the Elk Grove Unified School District to waive portions of Education Code (EC) Sections 51222 and 51223 related to minimum physical education minutes in order to implement a block schedule at Edward Harris Middle School and Monterey Trail High School.
Waiver Number: 17-5-2004
(Recommended for APPROVAL WITH CONDITIONS)
EC 33051(c) will apply

ACTION

ITEM WC-8
(PDF;
38KB;
2pp.)

Request by the Sweetwater Union High School District to waive portions of Education Code (EC) Section 51222 related to minimum physical education minutes in order to implement a block schedule at Montgomery High School.
Waiver Number: 6-5-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
SCHOOL IMPROVEMENT FUNDS

ITEM WC-9
(PDF;
28KB;
2pp.)

Request by the Capistrano Unified School District to renew a waiver of Education Code (EC) Section 62002 as relates to the formerly operative Section 52046(b)(3) in order to share and coordinate the use of School Improvement funds between
San Clemente High School and five other high schools in the district.
Waiver Number: 10-6-2004
(Recommended for APPROVAL WITH CONDITIONS)
E.C. 33051(c) will apply

ACTION
RESOURCE SPECIALIST CASELOAD

ITEM WC-10
(PDF;
28KB;
2pp.)

Request by Claremont 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). Dena Woodward assigned at Condit Elementary School.
Waiver Number: 13-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
SCHOOL SITE COUNCIL

ITEM WC-11
(PDF;
27KB;
2pp.)

Request by Upper Lake Union Elementary School District to renew a waiver of Education Code (EC) Section 52852, relating to the establishment of a school site council as required for each school participating in the School Based Program Coordination Act (one council for two small rural schools).
Waiver Number: 35-5-2004
(Recommended for APPROVAL)

ACTION

ITEM WC-12
(PDF;
27KB;
2pp.)

Request by Lassen View Union Elementary School District for a renewal of a waiver of Education Code (EC) Section 52852 relating to the establishment of a school site council as required for each school participating in the School Based Coordination Act (two small schools K-8 and Community Day, share one council.
Waiver Number: 15-6-2004
(Recommended for APPROVAL)

ACTION

ITEM WC-13
(PDF;
27KB;
2pp.)

Request by the Novato Unified School District to waive Education Code (EC) Section 52852, in order to have equal numbers of school staff and parent/community members, plus up to two students, on both the Novato High, Marin Oaks High School’s site councils.
Waiver Number: 12-6-2004
(Recommended for APPROVAL)

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.

Items W-1 through W-28, Last Minute Blue (PDF; 41KB; 2pp.)

ACADEMIC PERFORMANCE INDEX (API)

ITEM W-1
(PDF;
32KB;
3pp.)

Riverside Unified School District (RUSD) Academic Performance Index (API) Waiver. Specifically, the RUSD requests waiver of a portion of Title 5, CCR Section 1032(d)(1) & (6) to allow Sierra Middle School to be given a valid API for the 2003-04 year despite “adult testing irregularities” [CAT/6] (mathematics for 78 students) 8.4 percent.
Waiver Number: 10-7-2004
(Recommended for DENIAL)

ACTION
BOND INDEBTEDNESS LIMIT

ITEM W-2
(PDF;
31KB;
3pp.)

Request by Moreland Elementary School District to waive Education Code (EC) Section 15102, to allow the district to exceed its bonding limit of 1.25 percent of the taxable assessed value of property. (Requesting 1.76 percent)
Waiver Number: 12-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM W-3
(PDF;
31KB;
3pp.)

Request by Say Ysidro School District to waive Education Code (EC) Section 15102, to allow the district to exceed its bonding limit of 1.25 percent of the taxable assessed value of property. (Requesting 2.15 percent)
Waiver Number: 19-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
CHARTER SCHOOL ATTENDANCE

ITEM W-4
(PDF;
32KB;
3pp.)

Request by Eagles Peak Charter School to waive portions of Title 5 CCR Section 11960(c)(A) and (B), related to charter school attendance, to be able to enroll new students over age 20 and to serve students that have reached 23 years and older, while continuing to receive K-12 apportionments for these students.
Waiver Number: 122-4-2004
(Recommended for DENIAL)

ACTION
COMMUNITY DAY SCHOOL (collocation/commingle)

ITEM W-5
(PDF;
39KB;
3pp.)

Request by Dos Palos Oro Loma Joint Unified School District for a waiver of portions of Education Code (EC) Sections 48660 and 48916.1(d) to permit the establishment of a community day school (CDS) for grades K-8 to be operated by a unified school district, and a portion of EC Section 48661(a)(1) relating to the placement of a CDS on the same site as Dos Palos High School.
Waiver Number: 15-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
EQUITY LENGTH OF TIME (full day kindergarten)

ITEM W-6
(PDF;
29KB;
2pp.)

Request by Capistrano Unified School District to waive Education Code (EC) Section 37202, the equity length of time requirement, to allow a full day kindergarten program at two of the district’s fifty elementary schools, San Juan and Las Palmas Elementary Schools.
Waiver Number: 4-6-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM W-7
(PDF;
29KB;
2pp.)

Request by Castro Valley Unified School District to waive Education Code (EC) Section 37202, the equity of length time requirement to allow a full day kindergarten program at two of the district’s nine elementary schools, Castro Valley and Marshall Elementary Schools.
Waiver Number: 4-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM W-8
(PDF;
29KB;
2pp.)

Request by Gilroy Unified School District to waive Education Code (EC) Section 37202, the equity length of time requirement, to allow a full day kindergarten at three of the districts eight elementary schools, Las Animas, Rod Kelley, and Rucker Elementary Schools.
Waiver Number: 19-5-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM W-9
(PDF;
31KB;
3pp.)

 

Request by Simi Valley Unified School District for a renewal to waive Education Code (EC) Section 37202, the equity length of time requirement to allow a full day kindergarten program at eleven of the district’s twenty-one elementary schools, Berylwood, Crestview, Justin, Katherine, Knolls, Madera, Park View, Santa Susana, Sycamore, Township and White Oak Elementary Schools.
Waiver Number: 9-6-2004
(Recommended for APPROVAL WITH CONDITIONS)
E.C. 33051(c) will apply

ACTION

ITEM W-10
(PDF;
29KB;
2pp.)

Request by San Lorenzo Unified School District to waive Education Code (EC) Section 37202, the equity length of time requirement for kindergarten to allow a full day kindergarten program at one of the district’s nine elementary schools, Hillside Elementary School.
Waiver Number: 9-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM W-11
(PDF;
29KB;
2pp.)

Request by West Covina Unified School District to waive Education Code (EC) Section 37202, the equity length of time requirement for kindergarten students to allow a full day kindergarten program at three of the district’s nine elementary schools, California, Cameron and Merlinda Elementary Schools.
Waiver Number: 8-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM W-12
(PDF;
29KB;
2pp.)

Request by Rescue Union School District to waive Education Code (EC) Section 37202, the equity length of time requirement, to allow a full day kindergarten program at one of the district’s four elementary schools, Rescue Elementary School.
Waiver Number: 11-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM W-13
(PDF;
29KB;
2pp.)

Request by Hesperia Unified School District for a renewal waiver of Education Code (EC) Section 37202, the equity length of time requirement, to allow a full day kindergarten program at one of the district’s twelve elementary schools, Mesa Academy School.
Waiver Number: 14-7-2004
(Recommended for APPROVAL WITH CONDITIONS)
E.C. 33051(c) will apply

ACTION

ITEM W-14
(PDF;
29KB;
2pp.)

Request by Pleasant Valley Elementary School District to waive Education Code (EC) Section 37202, the equity length of time requirement to allow full day kindergarten programs at two out of ten elementary schools, Santa Rosa Technology Magnet School and El Descanso Elementary School.
Waiver Number: 17-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
FEDERAL WAIVER -- SAFE AND DRUG FREE

ITEM W-15
(PDF;
58KB;
5pp.)

Request by Santa Rita Union 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 (HLAY), a kindergarten through twelve grade drug prevention program.
Waiver Number: Fed-09-2004
(Recommended for DENIAL)

ACTION
INSTRUCTIONAL MATERIALS FUND

ITEM W-16
(PDF;
31KB;
2pp.)

Petition request under Education Code Section 60200(g) by Fresno County Office of Education to purchase nonadopted Instructional Resources for “special education students” using carryover Instructional Materials Fund (IMF) monies. (List attached)
Waiver Number: 8-6-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
INSTRUCTIONAL MATERIALS SUFFICIENCY (Audit Findings)

ITEM W-17
(PDF;
41KB;
3pp.)

Request by three school districts for a retroactive waiver of Education Code (EC) Section 60119 regarding the 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.
11-6-2004 -- Oak Park Unified School District
14-6-2004 -- Kit Carson Union School District
16-6-2004 -- Los Altos School District
(Recommended for APPROVAL)

ACTION
INSTRUCTIONAL TIME

ITEM W-18
(PDF;
31KB;
3pp.)

Request by Raymond-Knowles Union Elementary School District to waive Education Code (EC) Section 46202(b), the longer day incentive program for offering less time in the 2002-2003 fiscal year than what the district offered in 1982-1983 fiscal year at Raymond-Knowles School in grades four through eight (shortfall of 1,650 minutes).
Waiver Number: 1-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM W-19
(PDF;
30KB;
3pp.)

Request by Morgan Hill Unified School District to waive Education Code (EC) Section 46202(b), the longer day incentive program penalty for offering less instructional time in the 2002-2003 fiscal year than the required 64,800 instructional minutes at Martin Murphy Middle School in grade nine (shortfall of 350 minutes).
Waiver Number: 13-6-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM W-20
(PDF;
31KB;
3pp.)

Request by Redondo Beach Unified School District to waive Education Code (EC) Section 46202(b), the longer day incentive program penalty for offering less time in the 2002-2003 fiscal year than what the district offered in 1982-1983 at Jefferson Elementary School in grades four through six (shortfall of 360 minutes).
Waiver Number: 6-7-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
NON PUBLIC SCHOOLS (out-of-state)

ITEM W-21
(PDF;
28KB;
2pp.)

Request by San Francisco Unified School District to waive Education Code (EC) Section 56366.1(a), certification for an uncertified nonpublic school, Youth Care/Pine Ridge Academy located in Draper, Utah to provide services to one special education student, Sophia S.
Waiver Number: 3-6-2004
(Recommended for APPROVAL)

ACTION
SALE/LEASE OF SURPLUS PROPERTY

ITEM W-22
(PDF;
41KB;
5pp.)

Request by San Jose Unified School District to waive portions of Education Code (EC) Sections 17465,17466,17469, 17471, 17472, 17473, and 17475, specific provisions for Sale/Lease of Surplus Property. Approval of the waiver would speed the process faster than required by statute, emphasize the proposed usage for the property in the selection, rather that "highest bid", and eliminate the "oral bid" process. The three district properties for which the waiver is requested are the former Hammer school site, the former Erikson school site, and the former Crossroads Community Day school site.
Waiver Number: 1-6-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
CHARTER SCHOOLS (independent study/teacher ratio)

ITEM W-23
(PDF;
32KB;
3pp.)

Request by California Virtual Academy @ Kern Charter School for a waiver of Education Code Section 51745.6 and Title 5, California Code of Regulations (CCR) Sections 11704,11963.3(2), and part of 11963.4(b)(3) related to charter school independent study average daily attendance (ADA)-to-teacher ratios to allow a ratio that is higher than the ratio required by these sections (request: ADA-to-teacher ratio of 35 to 1).
Waiver Number: 11-9-2003
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ITEM W-24
(PDF;
32KB;
3pp.)

Request by California Virtual Academy @ San Diego Charter School for a waiver of Education Code Section 51745.6 and Title 5 of the California Code of Regulations (CCR) Sections 11704,11963.3(2), and part of 11963.4(b)(3) related to charter school independent study average daily attendance (ADA)-to-teacher ratios to allow a ratio that is higher than the ratio required by these sections (request: ADA-to-teacher ratio of 35 to 1).
Waiver Number: 8-9-2003
(Recommended for APPROVAL WITH CONDITIONS)

ACTION
CHARTER SCHOOLS (full funding)

ITEM W-25
(PDF;
36KB;
4pp.)

Request by California Virtual Academy @ Kern Charter School for a waiver of Title 5 of the California Code of Regulations (CCR) Section 11963.4(b)(3) to allow the charter school to receive full funding with less than 50 percent (but more than 40 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)

ACTION

ITEM W-26
(PDF;
36KB;
4pp.)

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 40 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)

ACTION
REORGANIZATION/BOND INDEBTEDNESS

ITEM W-27
(PDF;
29KB;
2pp.)

Request by Wiseburn School District (SD) for a waiver of Education Code (EC) Section 35575 and portions of EC 35576 to continue to pay bond indebtedness of Measure C (Centinela Valley Union High School District, March 2000 General Obligation Bond) by property owners of Wiseburn School District
Waiver Number: 16-5-2004
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

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 916-3190175. To be added to the speaker's list, please fax or mail your written request to the above referenced address/fax number. This agenda is posted on the State Board of Education's Web site. [http://www.cde.ca.gov/be/]

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