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State Board Members

Ruth E. Green, President
Glee Johnson, Vice President

Ruth Bloom
Yvonne Chan
Don Fisher
Ricky Gill
Kenneth Noonan
Joe Nuñez
Bonnie Reiss
Johnathan Williams
Vacancy

Secretary & Executive Officer

Hon. Jack O'Connell

Executive Director

Catherine Barkett

SCHEDULE OF MEETING LOCATION

Wednesday, May 11, 2005
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, San 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
  • Centinela Valley Union High School District v. State Board of Education, et.al., Los Angeles Superior Court, Case No. BS093054
  • Centinela Valley Union High School District v. State Board of Education, et al., Los Angeles Superior Court, Case No. BS093483
  • 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)
  • Sonoma County Superintendents of Schools, et. al. v. Special Education Hearing Office, et.al. Sacramento County Superior Court, Case No. 04AS0393
  • 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, May 11, 2005
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, May 12, 2005
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 , CA 95814
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, May 12, 2005
8:00 a.m. +

(Upon Adjournment of Closed Session, if held)
STATE BOARD OF EDUCATION
Public Session

California Department of Education
1 430 N Street, Room 1101
Sacramento , CA 95814
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.


California State Board of Education

FULL BOARD
Public Session

AGENDA

May 11-12, 2005

Wednesday, May 11, 2005 -- 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 (March 2005 and April 2005 Meetings)
  • 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 (DOC; 199KB; 10pp;)

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; Board Liaison Reports; and other matters of interest.

INFORMATION
ACTION


ITEM 2 (DOC; 60KB; 1pp;)

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 (DOC; 62KB; 2pp;)

Seminar on Intervention and Support for High Priority Schools and Districts.

INFORMATION


ITEM 4 (DOC; 61KB; 2pp.)

Immediate Intervention/Underperforming Schools Program (II/USP) and High Priority Schools Grant Program (HPSGP): Adopt Title 5 Regulations Sections 1030.5 and 1030.6: Definition of Significant Growth and Criteria to Demonstrate Academic Growth for II/USP and HPSGP Schools Without Valid APIs.

INFORMATION
ACTION


ITEM 5 (DOC; 83KB; 5pp.)

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

INFORMATION
ACTION


ITEM 6 (DOC; 65KB; 2pp.)

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 a State-Monitored School.

INFORMATION
ACTION


ITEM 7 (DOC; 60KB; 2pp.)

No Child Left Behind (NCLB) Act of 2001: Including, but Not Limited To, Update on California's Latest Implementation; United States Department of Education (ED) Denial of Waiver Request Involving the California English Language Development Test (CELDT); ED Announcement of New Flexibility; and Proposed Uses of Carryover Funds.

INFORMATION
ACTION


ITEM 8 (DOC; 77KB; 2pp.)

No Child Left Behind (NCLB) Act of 2001: Approve Supplemental Educational Service (SES) Providers.

INFORMATION
ACTION


ITEM 9 (DOC; 56KB; 2pp.)

No Child Left Behind (NCLB) Act of 2001: Approve Local Educational Agency Plans (Title 1 Section 1112).

INFORMATION
ACTION


ITEM 10 (DOC; 71KB; 3pp.)

No Child Left Behind (NCLB) Act of 2001: Approve Revised Local Educational Agency (LEA) Plan for Coachella Valley Unified School District.

INFORMATION
ACTION


ITEM 11 (DOC; 137KB; 14pp.)

No Child Left Behind (NCLB) Act of 2001: State Technology Plan, Including, but Not Limited To, Approval of the Proposed Plan for Submission to the United States Department of Education (ED) as the Requirement for Title II, Part D Funding.

INFORMATION
ACTION


ITEM 12 (DOC; 124KB; 9pp.)

Highly Qualified Special Education Teacher Regulations: Approve Commencement of Rulemaking Process to make Revisions Due to the Recent Passage of the Individuals with Disabilities Education Improvement Act (IDEIA) in December 2004.

INFORMATION
ACTION


ITEM 13 (DOC; 94KB; 5pp.)

California Technology Assistance Project Grants (CTAP), Including, but Not Limited To, Approval of the 11 CTAP Regional Lead Agencies for the Period of July 1, 2005 , to June 30, 2008.

INFORMATION
ACTION


ITEM 14 (DOC; 60KB; 2pp.)

Review of the Redesigned Instrument for the Coordinated Compliance Review (CCR).

INFORMATION ACTION


ITEM 15 (DOC; 60KB; 2pp.)

Consolidated Applications 2004-05: Approval.

INFORMATION
ACTION


ITEM 16 (DOC; 72KB; 2pp.)

2004-05 Consolidated Applications - Update on Local Educational Agencies (LEAs) that Received Conditional Approval.

INFORMATION
ACTION


ITEM 17 (DOC; 737KB; 82pp.)

School Accountability Report Card: Proposed Template and Data Definitions for the 2005-06 School Year.

INFORMATION
ACTION


ITEM 18 (DOC; 63KB; 3pp.)

Revised Uniform Complaint Procedures (UCP) Regulations: Approve Proposed Amendments.

INFORMATION ACTION


ITEM 19 (DOC; 88KB; 7pp.)

The Principal Training Program: Instructional Leader Coaches Option (Assembly Bill 164).

INFORMATION
ACTION


ITEM 20 (DOC; 59KB; 2pp.)

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

INFORMATION
ACTION


ITEM 21 (DOC; 73KB; 4pp.)

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

INFORMATION
ACTION


ITEM 22 (DOC; 63KB; 2pp.)

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 23 (DOC; 162KB; 8pp.)

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

INFORMATION
ACTION


ITEM 24 (DOC; 67KB; 3pp.)

Adoption of the California Career Technical Education Model Curriculum Standards, Pursuant to Education Code Section 51226.

INFORMATION
ACTION


ITEM 25 (DOC; 66KB; 2pp.)

State Board-Approved Charter Schools: Update.

INFORMATION
ACTION


ITEM 26 (DOC; 87KB; 4pp.)

Assignment of Numbers for Charter School Petitions.

INFORMATION
ACTION


ITEM 27 (DOC; 59KB; 2pp.)

Public Charter Schools Grant Program - Additional Grant Award Recommendation.

INFORMATION
ACTION


ITEM 28 (DOC; 114KB; 6pp.)

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

INFORMATION
ACTION


ITEM 29 (DOC; 116KB; 14pp.)

New West Charter Middle School : Audit Findings; Notice to Cure Letter; Further Audit(s); Compliance with Previous State Board Actions; and Material Amendments to the Charter.

INFORMATION
ACTION


ITEM 30 (DOC; 116KB; 12pp.)

Senate Bill (SB) 740 Nonclassroom-based Instruction in Charter Schools and Nonclassroom-based Virtual or On-line Charter Schools: Request State Board of Education (SBE) to Approve Commencement of Rulemaking Process.

INFORMATION
ACTION


ADJOURNMENT OF DAY'S SESSION

Thursday, May 12, 2005 - 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 31 (DOC; 468KB; 5pp.)

Governor Schwarzenegger's Initiative to Turn Around Failing Schools.

INFORMATION

 


ITEM 32 (DOC; 67KB; 2pp.)

Request by the Livermore Valley Charter School to Amend and Approve the Term of its Charter under the Oversight of the State Board of Education.

INFORMATION
ACTION

***PUBLIC HEARINGS***

Public Hearing on the following agenda items 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 33 (DOC; 2830KB; 3pp.)

Request by the Island Union Elementary Charter School District to Renew its Charter as an All-Charter District.

INFORMATION ACTION

PUBLIC
HEARING


ITEM 34 (DOC; 112KB; 10pp.)

Request by the Alvina Elementary Charter School District to Renew its Charter as an All-Charter District.

INFORMATION ACTION

PUBLIC
HEARING

***END OF PUBLIC HEARINGS***

 

ITEM 35 (DOC; 96KB; 9pp.)

Legislative Update, Including, but Not Limited To, Information on Legislation Introduced in the New 2005-06 Session.

INFORMATION
ACTION


ITEM 36 (DOC; 63KB; 2pp.)

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

INFORMATION ACTION


ITEM 37 (DOC; 61KB; 2pp.)

Standardized Testing and Reporting (STAR) Program: Approval of the Amendment to the Educational Testing Service (ETS) Contract for the Initial Development and Field Testing of the Standards-Based Test in Spanish (STS).

INFORMATION ACTION


ITEM 38 (DOC; 73KB; 1pp.)

Standardized Testing and Reporting (STAR) Program: Discussion and Update on Request for Submission (RFS) for the California Standards Test (CST), California Alternate Performance Assessment (CAPA), Standards-Based Tests in Spanish (STS), and Norm-Referenced Test (NRT).

INFORMATION ACTION

 


ITEM 39 (DOC; 63KB;2pp.)

California High School Exit Examination (CAHSEE): Including, but Not Limited To, CAHSEE Program Update on Test Administrations and the Senate Bill (SB) 964 Report.

INFORMATION
ACTION


ITEM 40 (DOC; 59KB; 2pp.)

California English Language Development Test (CELDT): Including, but Not Limited To, Update on CELDT Program and Spring 2005 Test Administration Training.

INFORMATION
ACTION

WAIVER REQUESTS

WAIVER REQUEST CONSENT MATTERS

The following agenda items include waivers and other administrative matters that California Department of Education (CDE) staff has 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

ITEM WC-1 (DOC; 76KB; 5pp.)

Request by Glenn County Office of Education (Glenn COE) to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Waiver Number: 2-2-2005

(Recommended for APPROVAL WITH CONDITIONS)

EC 33051(c) will apply

ACTION


ITEM WC-2 (DOC; 76KB; 4pp.)

Request by Whittier Union High School District (Whittier Union HSD) for a renewal to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Waiver Number: 16-2-2005

(Recommended for APPROVAL WITH CONDTIONS)

EC 33051(c) will apply

ACTION


ITEM WC-3 (DOC; 76KB; 4pp.)

Request by Alhambra Unified School District (Alhambra USD) to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Waiver Number: 4-2-2005

(Recommended for APPROVAL WITH CONDITIONS)

EC 33051(c) will apply

ACTION


ITEM WC-4 (DOC; 74KB; 4pp.)

Request by Sacramento City Unified School District (Sacramento City USD) to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instruction Delivery Programs.

Waiver Number: 19-4-2005

(Recommended for APPROVAL WITH CONDITIONS)

EC 33051(c) will apply

ACTION


ITEM WC-5 (DOC; 75KB; 4pp.)

Renewal request by Torrance Unified School District (Torrance USD) to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Waiver Number: 25-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

EC 33051(c) will apply

ACTION


ITEM WC-6 (DOC; 74KB; 4pp.)

Request by Pajaro Valley Unified School District (Pajaro Valley USD) to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Waiver Number: 51-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

EC 33051(c) will apply

ACTION


ITEM WC-7 (DOC; 75KB; 4pp.)

Request by Hacienda La Puente Unified School District (USD) to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Waiver Number: 4-12-2004

(Recommended for APPROVAL WITH CONDITIONS)

EC 33051(c) will apply

ACTION


ITEM WC-8 (DOC; 74KB; 4pp.)

Request by Vallejo City Unified School District (Vallejo City USD) to waive Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Waiver Number: 17-1-2005

(Recommended for APPROVAL WITH CONDITIONS)

one year only

ACTION


CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT OF 1998

ITEM WC-9 (DOC; 61KB; 2pp.)

Request by Warner 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: Fed-2-2005

(Recommended for APPROVAL)

ACTION


ITEM WC-10 (DOC; 61KB; 2pp.)

Request by Shasta County Office of Education 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: Fed-22-1-2005

(Recommended for APPROVAL)

ACTION


CHARTER SCHOOL ATTENDANCE

ITEM WC-11 (DOC; 67KB; 3pp.)

Request by Los Angeles Unified School District to waive California Code of Regulations (CCR), Title 5, Section 11960 to allow the charter school attendance for Pacoima Charter School to be calculated as if it were a "regular" multi-track school.

Waiver Number: 33-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM WC-12 (DOC; 66KB; 3pp.)

Request by Learning Choice Academy to waive California Code of Regulations (CCR) , Title 5, Section 11960 to allow the charter school attendance to be calculated as if it were a "regular" multi-track school.

Waiver Number: 33-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


INSTRUCTIONAL MATERIALS SUFFICIENCY (Audit Findings)

ITEM WC-13 (DOC; 63KB; 2pp.)

Request by Center Unified School District for a retroactive waiver of Education Code (EC) Section 60119 regarding the annual public hearing and resolution on the availability of textbooks or instructional materials. The district had an audit finding for fiscal year 2002-2003 for failing to hold the public hearing.

Waive Number: 15-5-2004

(Recommended for APPROVAL)

ACTION


REGIONAL OCCUPLATIONAL PROGRAM

ITEM WC-14 (DOC; 65KB; 2pp.)

Request by Yolo County Regional Occupational Program for a waiver of Education Code (EC) Section 52314.6 regarding the 3 percent limit on enrollment of students under the age of 16 in the Regional Occupational Program (ROP)

Waiver Number: 2-1-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


RESOURCE SPECIALIST CASELOAD

ITEM WC-15 (DOC; 63KB; 2pp.)

Request by Oak Grove Elementary 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). Aladene Sagray assigned at Baldwin Elementary School

Waiver Number: 11-2-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM WC-16 (DOC; 63KB; 2pp.)

Request by National 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). Monica Arrendondo assigned at Lincoln Acres School.

Waiver Number: 12-2-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


SAFE AND DRUG FREE SCHOOLS

ITEM WC-17 (DOC; 69KB; 3pp.)

Request by Yuba City 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 Connecting! With Kids - A multi-media approach to teaching life skills and prevention of drug and alcohol abuse and violence program for grades three through twelve.

Waiver Number: Fed-1-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


STATE MEAL MANDATE (Summer School)

ITEM WC-18 (DOC; 132KB; 5pp.)

Request by various school districts to waive Education Code (EC) Section 49550, the State Meal Mandate during the Summer School Session

Waiver No: various

(Recommended for APPROVAL)

ACTION

NON-CONSENT (ACTION)

The following agenda items include waivers and other administrative matters that CDE staff has 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 REQUIREMENT

ITEM W-1 (DOC; 68KB; 3pp.)

Request by Gateway Unified School District to waive Education Code (EC ) Section 51224.5(b), the requirement that all students graduating in the 2004-05 year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for one special education student based on EC 56101, the special education waiver authority.

Waiver Number: 9-11-2004

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM W-2 (DOC; 68KB; 3pp.)

Request by Stockton Unified School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2004-05 year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for two special education student(s) based on EC 56101, the special education waiver authority.

Waiver Number: 49-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM W-3 (DOC; 68KB; 3pp.)

Request by Roseville Joint Union High School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2004-05 year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for two special education student(s) based on EC 56101, the special education waiver authority.

Waiver Number: 3-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM W-4 (DOC; 68KB; 3pp.)

Request by East San Gabriel SELPA to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2004-05 year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for one special education student based on EC 56101, the special education waiver authority.

Waiver Number: 14-3-2004

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM W-5 (DOC; 68KB; 3pp.)

Request by Pleasanton Unified School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2004-05 year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for nine special education student(s) based on EC 56101, the special education waiver authority.

Waiver Number: 17-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM W-6 (DOC; 71KB; 3pp.)

Request by Riverside Unified School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2004-05 year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for 50 (fifty) special education students based on EC 56101, the special education waiver authority.

Waiver Number: 46-3-2004

(Recommended for APPROVAL WITH CONDITIONS (partial) and, DENIAL (partial)

ACTION


ITEM W-7 (DOC; 79KB; 2pp.)

Request by San Ramon Valley Unified School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2004-05 year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for five special education student(s) based on EC 56101, the special education waiver authority.

Waiver Number: 4-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM W-8 (DOC; 66KB; 2pp.)

Request by various Local Educational Agencies to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2004-05 year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for one special education student based on EC 56101, the special education waiver authority.

Waiver Number: Various

(Recommendation Pending)

ACTION


BUDGET RESERVE

ITEM W-9 (DOC; 70KB; 4pp.)

Request by the San Juan Unified School District (USD) to waive the California Code of Regulations (CCR) , Title 5, Section 15443 (specifically the cut point of 400,000 average daily attendance (ADA) to allow San Juan USD to keep a budget reserve of one percent for the fiscal year 2005-06 only.

Waiver Number: 8-3-2005

(Recommended for DENIAL)

ACTION


CHARTER SCHOOL (district geographic limits-classroom based charters)

ITEM W-10 (DOC; 72KB; 3pp.)

Request by Grant Joint Union High School District for a renewal to waive Education Code (EC) Section 47605(a)(1) & 47605.1(a)(1), Geographic Provisions of AB 1994, for Grant Community Outreach Academy to operate a classroom based site in another school district's jurisdiction.

Waiver Number: 12-4-2005

(Recommended for DENIAL)

ACTION


CHARTER SCHOOLS (county geographic limits-nonclassroom based charter)

ITEM W-11 (DOC; 73KB; 3pp.)

Request by Gorman Learning Center Charter School under Education Code (EC) Section 33054 to waive EC 47605.1 (c)(2) pertaining to geographic limits on resource centers for nonclassroom-based charter schools so that Gorman Learning Center Charter School can continue to operate five resource centers in adjacent counties (San Bernardino and Kern) and possibly open two more centers in these counties.

Waiver Number: 47-3-2005

(Recommended for DENIAL)

ACTION


ITEM W-12 (DOC; 71KB; 3pp.)

Request by Modoc Charter School under Education Code (EC) Section 33050 to waive EC 47605.1(c)(2) pertaining to geographic limits on resource centers for nonclassroom-based charter schools so that Modoc Charter School can continue to operate resource centers in adjacent counties, particularly Shasta County.

Waiver Number: 54-3-2005

(Recommended for DENIAL)

ACTION


GOVERNING BOARD ELECTION

ITEM W-13 (DOC; 67KB; 4pp.)

Request by Klamath-Trinity Joint Unified School District to waive portions of Education Code (EC) Section 5091 which will allow the local board to make a provisional appointment to a vacant board position past the 60 day statutory deadline.

Waiver Number: 24-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


INSTRUCTIONAL MATERIALS SUFFICIENCY (Audit Findings)

ITEM W-14 (DOC; 69KB; 3pp.)

Request by West Fresno Elementary School District for a retroactive waiver of Education Code (EC) Section 60119 regarding the annual public hearing and resolution on the availability of textbooks or instructional materials. The district had an audit finding for fiscal year 2002-2003 for failing to hold the public hearing. This is the second time the district has had this same finding (Waiver Number 32-5-2003-WC-2 for the 2001-2002 fiscal year).

Waiver Number: 16-12-2004

(Recommended for APPROVAL)

ACTION


INSTRUCTIONAL MATERIALS (Purchasing Timelines - 24 month rule)

ITEM W-15 (DOC; 67KB; 3pp.)

Request by Orcutt Union School District under the authority of Education Code (EC) 60422(c) to waive EC sections 60422(a)(b) and 60242(a)(b) and California Code of Regulations (CCR), Title 5, Section 9531(b) to allow the district to purchase new 7 th grade health textbooks in 2005-06 with Instructional Materials Funding Realignment Program (IMFRP) monies before the purchase of K-8 standards-aligned history textbooks.

Waiver Number: 31-3-2005

(Recommended for APPROVAL)

ACTION


ITEM W-16 (DOC; 65KB; 2pp.)

Request by Pleasanton Unified School District under the authority of Education Code (EC) Section 60422(c) to waive EC sections 60422(a)(b) and 60242(a)(b) and California Code of Regulations (CCR) , Title 5, Section 9531(b) to allow the district to purchase new grade 6-12 foreign language textbooks in 2005-06 with Instructional Materials Funding Realignment Program (IMFRP) monies before the purchase of K-5 standards-aligned history textbooks.

Waiver Number: 23-1-2005

(Recommended for APPROVAL)

ACTION


INSTRUCTIONAL TIME PENALTY

ITEM W-17 (DOC; 91KB; 4pp.)

Request by Janesville Union School District to waive Education Code (EC) Section 46202(b), the longer day incentive program audit penalty, for offering less instructional time in the 2001-02 fiscal year than what the district offered in 1982-83 as well as the state minimum set in 1986-87, for Kindergarten at Janesville Elementary School (shortfall of 4,960 minutes).

Waiver Number: 1-11-2004

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM W-18 (DOC; 69KB; 3pp.)

Request by West Fresno Elementary School District (West Fresno ESD) to waive Education Code (EC) Section 46202(b), the longer day incentive program audit penalty for offering less time in the 2002-2003 fiscal year than what the district offered in 1982-1983, as well as less than the state minimum set in 1986-87, in kindergarten at West Fresno Elementary School (shortfall of 8,920 minutes).

Waiver Number: 15-12-2004

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


NINTH GRADE CLASS SIZE REDUCTION

ITEM W-19 (DOC; 66KB; 3pp.)

Request by Liberty Union High School District (LUHSD) to waive Education Code (EC) Section 52084(a), the Ninth Grade Class Size Reduction Program (Morgan-Hart), to receive funding for a full year, double period of "Intensified Algebra" for targeted low-performing students, and English (three courses total).

Waiver Number: 7-4-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


PETITION

ITEM W-20 (DOC; 71KB; 2pp.)

Petition request under Education Code (EC) Section 60421(d) and 60200(g) by East Whittier City Elementary School District to purchase specified non adopted instructional materials (Everyday Mathematics, Grades K-5, c.2001 and c.2002) using Instructional Materials Funding Realignment Program (IMFRP) monies.

Waiver Number: 17-2-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


POLICE OFFICER DISPATCHERS WORKDAY/HOURS

ITEM W-21 (DOC; 65KB; 2pp.)

Request by San Diego City Unified School District to waive portions of Education Code (EC) sections 45127 and 45128, to allow the school police officer dispatchers to work 12 hour day shifts three days per week and work an 8 hour day every other week to constitute eighty hours in a two week period, without requiring overtime pay.

Waiver Number: 5-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


SAFE AND DRUG FREE SCHOOLS

ITEM W-22 (DOC; 72KB; 4pp.)

Request by Salida Union 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 Take Charge of Your Life DARE America, in the seventh grade only.

Waiver Number: Fed-30-2004

(Recommended for DENIAL)

ACTION


SALE/LEASE SURPLUS PROPERTY

ITEM W-23 (DOC; 74KB; 4pp.)

Request by San Jose Unified School District (SJUSD) to waive portions of California 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 allowed by statute; emphasize the proposed usage for the property in the selection rather than the "highest bid"; and eliminate the "oral bid" process. The three district properties for which the waiver is requested are the former Steinbeck Middle School site, the former Cory Elementary School site, and the former Randol Elementary School site.

Waiver Number: 30-3-2005

(Recommended for APPROVAL)

ACTION


STATE MEAL MANDATE (Summer School)

ITEM W-24 (DOC; 80KB; 3pp.)

Request by various school districts to waive Education Code (EC) Section 49550, the State Meal Mandate during Summer School Session.

Waiver Number: various

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


STATE MEAL MANDATE (Summer School)

ITEM W-25 (DOC; 60KB; 1pp.)

Request by various school districts to waive Education Code (EC) Section 49550, the State Meal Mandate during Summer School Session.

Waiver No: various

(Recommended for PENDING)

ACTION


NONPUBLIC SCHOOL/AGENCY (certification)

ITEM W-26 (DOC; 76KB; 5pp.)

Request by San Diego City Unified School District under the waiver authority of Education Code (EC) Section 56101, "the single child waiver" to waive EC 56366.1(a), the certification for a non-certified nonpublic school, Judge Rotenburg Center (a non-public residential school) located in Canton, Massachusetts to allow one special education student (number 101) to attend that school.

This request is also made to waive EC 56520(a)(3), California Code of Regulations (CCR), Title 5, Section 3052(a)(5), CCR , Title 5, Section 3052(l), to allow the use of aversive treatments for this particular student's self-injurious behavior. The district also requests a waiver of portions of EC 56505(d), the "stay put" requirement for this particular student.

Waiver Number: 11-1-2005

(Recommended for DENIAL)

ACTION

END OF WAIVER REQUESTS

 

ITEM 41 (DOC; 210KB; 34pp.)

Program Advisory on Medication Administration Pursuant to California Code of Regulations (CCR) Title 5 , Article 4.1: Administering Medication to Students or Otherwise Assisting Students in the Administration of Medication During the Regular School Day.

INFORMATION
ACTION


ITEM 42 (DOC; 126KB; 17pp.)

Healthy Start Regulations: Approve Commencement of Rulemaking Process to Make Various Revisions.

INFORMATION
ACTION


ITEM 43 (DOC; 73KB; 5pp.)

Program to Reduce Class Size in Two Courses in Grade 9: Adopt Proposed Regulations.

INFORMATION
ACTION


ITEM 44 (DOC; 183KB; 10pp.)

Elimination of the Multi-Track Year-Round Education Concept 6 Calendar by Lodi Unified School District and Los Angeles Unified School District Pursuant to California Education Code Sections 37680-37695, Chapter 901, Statutes of 2004 (AB 1550).

INFORMATION
ACTION

 

***ADJOURNMENT OF MEETING***

For more information concerning this agenda, please contact Catherine Barkett, 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 [http://www.cde.ca.gov/be].

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