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State Board Members

Ruth E. Green, President
Glee Johnson, Vice President

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

Secretary & Executive Officer

Hon. Jack O'Connell

Executive Director

Catherine Barkett

SCHEDULE OF MEETING
LOCATION

Wednesday, July6, 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, 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
  • 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
  • Coachella Valley Unified School District, et.al., v. State of California, et.al. Case No. CPF-05-505334
  • 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, July 6, 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, July 7, 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, July 7, 2005
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 , 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

July 6-7, 2005

Wednesday, July 6, 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; 182KB; 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; 57KB; 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 (DOC; 51KB; 1p.)

Seminar on Special Education and the Reauthorization of the Individuals With Disabilities Education Act of 2004.

INFORMATION

 

***PUBLIC HEARINGS***

Public Hearings on the following agenda item will commence no earlier than 10:00 a.m. The Public Hearings will be held after 10:00 a.m . as the business of the State Board permits.

ITEM 4 (DOC; 54KB; 2pp.)

Environmental Effect of the Proposed Unification of the Yosemite Joint Union High School District and the Coarsegold Union School District in Madera County.

INFORMATION

ACTION

PUBLIC

HEARING

 

ITEM 5 (DOC; 171KB; 25pp.)

Proposed Unification of the Yosemite Joint Union High School District and the Coarsegold Union School District in Madera County .

INFORMATION

ACTION

PUBLIC

HEARING

***END OF PUBLIC HEARINGS***

 

ITEM 6 (DOC; 55KB; 2pp.)

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

INFORMATION

ACTION

 

ITEM 7 (DOC; 63KB; 3pp.)

No Child Left Behind (NCLB) Act of 2001: Approve Supplemental Educational Services (SES) Providers for 2005-07.

INFORMATION

ACTION

 

ITEM 8 (DOC; 66KB; 4pp.)

No Child Left Behind (NCLB) Act of 2001: Including, but Not Limited To, Follow-up on California 's Application to the United States Department of Education for NCLB Flexibility in the State's Accountability Plan Regarding Students with Disabilities and Update on the Title II Monitoring Visit.

INFORMATION

ACTION

 

ITEM 9 (DOC; 77KB; 6pp.)

No Child Left Behind (NCLB) Act of 2001: Approve Policy About Program Improvement Accountability for County Offices of Education that Receive Title I, Part A Funds Pursuant to NCLB, Section 1116 (c)(3).

INFORMATION

ACTION

 

ITEM 10 (DOC; 83KB; 4pp.)

Reading First Special Education Referral Reduction Program: Approval of Supplemental Instructional Materials

INFORMATION

ACTION

 

ITEM 11 (DOC; 56KB; 2pp.)

Reading First Program: Request of Authorization to Extend Funding of Reading First Local Educational Agencies (LEAs).

INFORMATION

ACTION

 

ITEM 12 (DOC; 55KB; 2pp.)

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

INFORMATION

ACTION

 

ITEM 13 (DOC; 57KB; 2pp.)

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

INFORMATION

ACTION

 

ITEM 14 (DOC; 52KB; 1p.)

Standardized Testing and Reporting (STAR) Program: Amendment to the 2006 STAR Scope of Work for the Development of a New Alternate Assessment Based on Modified Achievement Standards.

INFORMATION

ACTION

 

ITEM 15 (DOC; 53KB; 2pp.)

Standardized Testing and Reporting (STAR) Program: Approval of English-Language Arts and Mathematics Blueprints for Standards-Based Test in Spanish (STS).

INFORMATION ACTION

 

ITEM 16 (DOC; 51KB; 1p.)

Standardized Testing and Reporting (STAR) Program: Designation of a Primary Language Achievement Test.

INFORMATION

ACTION

 

ITEM 17 (DOC; 54KB; 2pp.)

California English Language Development Test (CELDT): Including, but Not Limited To, Update on CELDT Program, 2005-06 Annual Assessment Implementation and New Contract Status.

INFORMATION

ACTION

 

ITEM 18 (DOC; 61KB; 3pp.)

California High School Exit Examination (CAHSEE): Including, but Not Limited To, CAHSEE Program Update on Test Administrations, Independent Evaluation, and Study Guides.

INFORMATION

ACTION

 

ITEM 19 (DOC; 61KB; 2pp.)

 

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

INFORMATION ACTION

 

ITEM 20 (DOC; 78KB; 5pp.)

 

 

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

INFORMATION ACTION

 

ITEM 21 (DOC; 149KB; 7pp.)

The Principal Training Program (AB 75): Approval of Revisions to the Provider Guidelines and Criteria Section of Module 2.

INFORMATION

ACTION

 

ITEM 22 (DOC; 437KB; 18pp.)

The Principal Training Program (AB 75): Approval of Final Report to the Legislature.

INFORMATION ACTION

 

ITEM 23 (DOC; 57KB; 1p.)

Mathematics and Reading Professional Development Program (AB 466): Approval of Survey Report to the Legislature.

INFORMATION

ACTION

 

ITEM 24 (DOC; 485KB; 17pp.)

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

INFORMATION ACTION

 

ITEM 25 (DOC; 60KB; 2pp.)

Mathematics and Reading Professional Development Program (AB 466) (Chapter 737, Statutes of 2001): Approval of Training Providers and Training Curriculua.

INFORMATION ACTION

 

ITEM 26 (DOC; 65KB; 3pp.)

Implementation of Senate Bill (SB) 1113, Chapter 208, Statues of 2004: Approve Release of Funds for Supplementary Materials for English Learners.

 

INFORMATION ACTION

 

ITEM 27 (DOC; 145KB; 11pp.)

Gifted and Talented Education (GATE): Approval of Revised Recommended Standards for Programs for Gifted and Talented Students .

INFORMATION ACTION

 

ITEM 28 (DOC; 58KB; 3pp.)

Proposed Revisions to the Fiscal Criteria and Standards Used by School Districts and County Offices of Education to Determine Solvency When Reviewing Budgets and Interim Financial Reports.

INFORMATION

ACTION

 

ITEM 29 (DOC; 304KB; 15pp.)

Revisions to the California School Accounting Manual .

INFORMATION ACTION

 

ITEM 30 (DOC; 77KB; 7pp.)

Child Nutrition Advisory Council: Proposed Child Nutrition Advisory Council Bylaw Revisions.

INFORMATION ACTION

 

ITEM 31 (DOC; 77KB; 9pp.)

Healthy Start Regulations: Adopt Proposed Title 5 Regulations.

INFORMATION ACTION

 

ITEM 32 (DOC; 66KB; 3pp.)

Highly Qualified Special Education Teacher Regulations: Adopt Proposed Title 5 Regulations to Make Revision Due to the Recent Passage of the Individuals with Disabilities Education Improvement Act (IDEIA) in December 2004.

INFORMATION ACTION

 

ITEM 33 (DOC; 249KB; 11pp.)

Elimination of the Multitrack 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, Statues of 2004 (AB 1550).

INFORMATION

ACTION

 

  ADJOURNMENT OF DAY'S SESSION

The public is invited to attend a reception for outgoing State Board Member Ricky Gill and former State Board of Education staff following the adjournment of Wednesday's State Board of Education meeting. Reception to be held in Room 1801.

Thursday, July 7, 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 34 (DOC; 103KB; 9pp.)

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

INFORMATION ACTION

 

ITEM 35 (DOC; 54KB; 2pp.)

Uniform Complaint Procedure (UCP) Regulations: Adopt Proposed Title 5 Regulations.

INFORMATION

 

 

ITEM 36 (DOC; 62KB; 2pp.)

State Board-Approved Charter Schools: Update.

INFORMATION ACTION

 

ITEM 37 (DOC; 53KB; 2pp.)

Senate Bill (SB) 740 Nonclassroom-based Instruction in Charter Schools and Nonclassroom-based Virtual or On-line Charter Schools: Adopt Proposed Title 5 Regulations.

INFORMATION ACTION

 

 

ITEM 38 (DOC; 79KB; 4pp.)

Assignment of Numbers for Charter School Petitions.

INFORMATION ACTION

 

ITEM 39 (DOC; 86KB; 5pp.)

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

INFORMATION ACTION

 

***PUBLIC HEARING***

  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 40 (DOC; 116KB; 11pp.)

Request by the Animo Inglewood Charter High School for Renewal of its State Board of Education-Approved Charter.

INFORMATION ACTION

PUBLIC

HEARING

***END OF PUBLIC HEARING***

 

ITEM 41 (DOC; 53KB; 2pp.)

Request by Leadership Public Schools - Hayward to Establish a New Deadline for Meeting State Board of Education Condition of Approval to Open.

INFORMATION

ACTION

 

ITEM 42 (DOC; 64KB; 3pp.)

Appeal of the Fresno County Committee on School District Organization's Decision to Approve Transfers of Territory Between Central Unified School District and Fresno Unified School District .

INFORMATION

ACTION

 

ITEM 43 (DOC; 55KB; 2pp.)

Curriculum Development and Supplemental Materials Commission: Paper-Screening of Applicants, Interviews, and Appointments.

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.

RESOURCE SPECIALIST

ITEM WC-1 (DOC; 60KB; 2pp.)

Request by Bassett 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). Susan Riley assigned at Van Wig Elementary School.

Waiver Number: 16-4-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM WC-2 (DOC; 60KB; 2pp.)

Request by Gateway 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). Lynn Goff assigned at Toyon Elementary School .

Waiver Number: 6-4-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM WC-3 (DOC; 61KB; 2pp.)

Request by Butte County Office of Education 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). James Hayton assigned at Fours Winds School , a Learning Community Charter School .

Waiver Number: 16-5-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

SAFE AND DRUG FREE

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

Request by Southern Kern 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 The Great Body Shop , a Comprehensive Health, Substance Abuse, Violence Prevention Program pre-kindergarten through eighth grade.

Waiver Number: Fed-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM WC-5 (DOC; 60KB; 2pp.)

Request by Mojave 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 Character Counts - an innovative program for students in grades kindergarten through twelve, which helps them in decision making skills and to say no to drugs, alcohol, and tobacco use.

Waiver Number: Fed-5-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM WC-6 (DOC; 55KB; 2pp.)

Request by Empire Union School District to waive the 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 for grades kindergarten through fifth.

Waiver Number: Fed-6-2005

(Recommended for APPROAL WITH CONDITIONS)

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 l

ITEM W-1 (DOC; 65KB; 3pp.)

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

Waiver Number: 3-6-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM W-2 (DOC; 67KB; 2pp.)

Request by Rocklin Unified School District to waive Education Code ( EC ) Section 51224.5(b), the requirement that all students graduating in 2004-05 be required to complete a course in Algebra I (or the equivalent) to be given a high school diploma for ten special education students, pursuant to EC Section 56101, the special education waiver authority.

Waiver Number: 2-6-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

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

Request by Monterey Peninsula Unified School District to waive Education Code ( EC ) Section 51224.5(b), the requirement that all students graduating in 2004-05 be required to complete a course in Algebra I (or the equivalent) to be given a high school diploma for three special education students, pursuant to EC Section 56101, the special education waiver authority.

Waiver Number: 24-5-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM W-4 (DOC; 62KB; 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

CHARTER SCHOOLS (GEOGRAPHIC LIMITATIONS NON - CLASSROOM BASED)

ITEM W-5 (DOC; 69KB; 3pp.)

Request by Horizon Instructional Systems 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 Horizon Instructional Systems can continue to operate two resource centers in Sacramento County to serve special education students only.

Waiver Number: 17-5-2005

(Recommended for DENIAL)

ACTION

CHARTER SCHOOLS (GEOGRAPHIC LIMITATIONS CLASSROOM BASED)

ITEM W-6 (DOC; 70KB; 3pp.)

Request by Mattole Unified School District under Education Code (EC) Section 33050 to waive EC 47605.1(e)(3) pertaining to geographic limits on classroom-based charter schools so that Mattole Valley Charter School can continue to operate a classroom-based program, the North Coast Learning Academy, in the same county but in the city of Eureka outside of the geographic boundaries of the authorizing school district.

Waiver Number: 23-5-2005

(Recommended for DENIAL)

ACTION

COMMUNITY DAY SCHOOL

ITEM W-7 (DOC; 66KB; 2pp.)

Request by Claremont Unified School District for a waiver of portions of Education Code (EC) Section 48661(a) to permit the establishment of San Antonio Continuation High School on the same site as a community day school (CDS), Phoenix Academy CDS.

Waiver Number: 7-6-2005

(Recommended for APPROVAL)

ACTION

 

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

Request by Grant Joint Union High School District for a waiver of portions of Education Code ( EC ) Section 48661(a) to permit the establishment of Nova Community Day School (CDS) on the same site as a continuation high school, Vista Nueva Career & Technology High School .

Waiver Number: 1-6-2005

(Recommended for APPROVAL)

ACTION

EQUITY LENGTH OF TIME

ITEM W-9 (DOC; 64KB; 2pp.)

Request by Temecula Valley Unified School District to waive Education Code (EC) Section 37202, the equity length of time requirement, at one of the district's three high schools, Chaparral High School

Waiver Number: 15-5-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM W-10 (DOC; 63KB; 2pp.)

Request by Tracy Unified School District for a renewal waiver of Education Code ( EC ) Section 37202, the equity length of time requirement, to increase instructional minutes at four of their fourteen elementary schools: Clover, Delta, South and Poet-Christian for various grade levels per attached chart.

Waiver Number: 41-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

EC 33051(c) will apply

ACTION

EXTENDED SCHOOL YEAR (special education students)

ITEM W-11 (DOC; 61KB; 2pp.)

Request by Jefferson School District to waive California Code of Regulations (CCR) , Title 5, Section 3043(d) which requires 20 school days (four hours each) of attendance for extended school year for special education students.

Waiver Number: 18-5-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

IMMEDIATE INTERVENTION/UNDERPERFORMING SCHOOLS PROGRAM (II/USP)

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

Request by Sacramento City Unified School District for Bear Flag Elementary School in Cohort I of the Immediate Intervention/Underperforming Schools Program (II/USP) to waive the timelines in Education Code (EC) Section 52055.51(a)(d) and (e) for the School Assistance and Intervention Team (SAIT) contract, reports, and adoption of recommendations.

Waiver Number: 7-5-2005

(Recommended for APPROVAL)

ACTION

 

ITEM W-13 (DOC; 66KB; 2pp.)

Request by Los Angeles Unified School District on behalf of Gardena Senior High School to waive Education Code ( EC ) Section 52055.55(a)(b), to allow for the extension of the requirement for a school having to make significant growth within 36 months after the assignment of a School Assistance and Intervention Team (SAIT) to be extended to 48 months before: (1) being allowed to exit the program; or (2) taking additional sanctions.

Waiver Number: 6-6-2005

(Recommended for APPROVAL)

ACTION

INSTRUCTIONAL TIME PENALTY

ITEM W-14 (DOC; 62KB; 2pp.)

Request by Summerville Union High School District to waive Education Code (EC) Section 46202(b), the longer day incentive program audit penalty for offering less instructional time in the 2003-2004 fiscal year than the minimum requirements set in 1986-87 at grades 9-12 at Summerville High (shortfall of 2,075 minutes).

Waiver Number: 1-4-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

LOW INCIDENCE FUNDS (assistive technology/materials)

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

Request from East Valley Special Education Local Plan Area (SELPA), Fontana Unified SELPA and San Bernardino City Unified SELPA for a renewal to waive Education Code ( EC ) Section 56836.22(d) to allow 10% of state low incidence funds to be utilized for the purchase of assistive technology/materials for assessment and trial use prior to purchasing specific items for specific identified students.

Waiver Number: 5-4-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

NINTH GRADE CLASS SIZE REDUCTION

ITEM W-16 (DOC; 69KB; 3pp.)

Request by Centinela Valley Union High School District (CVUHSD) 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 English 9/Essentials of English-Language Arts and a full-year, double-period of Algebra l/Essentials of Algebra l for targeted low-performing students for the 2005-06 school year (four courses total).

Waiver Number: 22-5-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

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

Request by Vallejo City Unified School District (VCUSD) to waive Education Code (EC) Section 52084(a), the Ninth Grade Class Size Reduction (CSR) Program, to receive funding for a full-year, double-period of English 9/English Acceleration and a full-year, double-period of Algebra l/Algebra Acceleration (four courses total) at one district high school, and funding for two courses that do not count toward completion of English or Algebra graduation requirements, grade nine English Acceleration and Algebra I Acceleration at two other district high schools, for targeted low-performing students for the 2005-06 school year.

Waiver Number: 5-6-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

PETITION

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

Petition request under Education Code ( EC ) sections 60421(d) and 60200(g) by Davis Joint Unified School District to purchase non-adopted instructional materials, specifically College Preparatory Mathematics ( CPM )

Algebra 1, Grades 7-8, using Instructional Materials Funding Realignment Program (IMFRP) monies.

Waiver Number: 16-3-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

 

ITEM W-19 (DOC; 63KB; 2pp.)

Petition request under Education Code ( EC ) sections 60421(d) and 60200(g) by North Sacramento School District to purchase non-adopted Instructional Resources ( Houghton Mifflin Mathematics, Grade 6 ) using Instructional Materials Funding Realignment Program (IMFRP) monies.

Waiver Number: 21-4-2005

(Recommended for APPROVAL)

ACTION

 

ITEM W-20 (DOC; 62KB; 2pp.)

Petition request under Education Code ( EC ) sections 60421(d) and 60200(g) by Tulare City School District to purchase non-adopted Instructional Resources ( Houghton Mifflin Mathematics, Grade 6, c. 2002 ) using Instructional Materials Funding Realignment Program (IMFRP) monies.

Waiver Number: 9-5-2005

(Recommended for APPROVAL)

ACTION

 

ITEM W-21 (DOC; 64KB; 3pp.)

Petition request under Education Code ( EC ) sections 60421(d) and 60200(g) by Pleasant Ridge Union School District to purchase Instructional Resources ( Everyday Mathematics, Grades K-3) using Instructional Materials Funding Realignment Program (IMFRP) monies.

Waiver Number: 35-4-2005

(Recommended for APPROVAL)

ACTION

 

ITEM W-22 (DOC; 62KB; 2pp.)

Petition request under Education Code ( EC ) sections 60421(d) and 60200(g) by Glendale Unified School District to purchase Instructional Resources ( Everyday Mathematics, Kindergarten c.1998/2004, Grades 1-6 c.2002) using Instructional Materials Funding Realignment Program (IMFRP) monies.

Waiver Number: 21-5-2005

(Recommended for DENIAL)

ACTION

 

ITEM W-23 (DOC; 63KB; 2pp.)

Petition request under Education Code ( EC ) sections 60421(d) and 60200(g) by Lake Tahoe Unified School District to purchase Instructional Resources ( Everyday Mathematics, c. 2001, kindergarten through grade three, and c. 2002, grades four through six) using Instructional Materials Funding Realignment Program (IMFRP) monies.

Waiver Number: 14-5-2005

(Recommended for DENIAL)

ACTION

PHYSICAL EDUCATION (Block scheduling)

ITEM W-24 (DOC; 66KB; 3pp.)

Request by Lodi Unified School District to waive portions of Education Code ( EC ) Section 51222(a), related to the statutory minimum of 400 minutes of physical education required each ten days for grades nine through 12 in order to implement a block schedule at McNair High School .

Waiver Number: 12-5-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

PHYSICAL EDUCATION (Testing)

ITEM W-25 (DOC; 61KB; 2pp.)

Request by Lodi Unified School District to waive Education Code (EC ) Section 60800(a), to allow students taking Physical Education in the first term of a block schedule to take the State Physical Performance Tests in December rather than the current window of February through May.

Waiver Number: 13-5-2005

(Recommended for APPROVAL WITH CONDITIONS)

EC 33051(c) will apply

ACTION

RESOURCE SPECIALIST CASELOAD

ITEM W-26 (DOC; 63KB; 3pp.)

Request by North Monterey County 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). Ellen Jackson is assigned to Elkhorn Elementary School .

Waiver Number: 30-4-2005

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

SAFE AND DRUG FREE

ITEM W-27 (DOC; 72KB; 4pp.)

Request by Clovis Unified School District to waive the 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 D.A.R.E. (Drug Abuse Resistance Education) Elementary Program, grades five and six.

Waiver Number: Fed-4-2005

(Recommended for DENIAL)

ACTION

SALE/LEASE OF SURPLUS PROPERTY

ITEM W-28 (DOC; 71KB; 4pp.)

Request by San Juan Unified School District to waive portions of Education Code (EC) sections 17455, 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 four district properties for which the waiver is requested are elementary school sites: Roberts, Creekside, Littlejohn, and Sunrise .

Waiver Number: 26-5-2005

(Recommended for APPROVAL)

ACTION

STATE MEAL MANDATE (Summer School)

ITEM W-29 (DOC; 78KB; 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)

ACTION

END OF WAIVER REQUESTS

***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.ca.gov/be/].

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