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AGENDA
May 9-10, 2007

State Board Members

Kenneth Noonan, President
Ruth Bloom,  Vice President

James Aschwanden
Alan Bersin
Yvonne Chan
Don Fisher
Ruth E. Green
David Lopez
Ted Mitchell
Johnathan Williams
Andrew Estep– Student Member

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Roger Magyar

SCHEDULE OF MEETING

LOCATION

Wednesday, May 9, 2007
9:00 a.m. Pacific Time ±

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

Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), 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 in closed session:

  • California Association of Private Special Education Schools, et al., v. California Department of Education, et al., Los Angeles County Superior Court, Case No. BC272983, and related appeal (Second Appellate District, Case No. B1818435)
  • California Parents for the Equalization of Educational Materials v. California State Board of Education, et al. U.S. Eastern District of California, Case No.  2:06-CV-00532-FCD-KJM
  • Californians for Justice Education Fund v. State Board of Education, et. al., Alameda County Superior Court Case No. RG06265395
  • Centinela Valley Union High School District v. State Board of Education, et al., Los Angeles Superior Court, Case No. BS093483
  • Coachella Valley Unified School District, et.al., v. State of California, et.al. Case No. CPF-05-505334
  • 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 and related appeal
  • Hindu American Foundation, et al., v. California State Board of Education, et al., Sacramento Superior Court Case No. 06CS00386
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C 05 4077 MMC
  • Kidd, et al.,  v. California Department of Education, et al., Alameda Superior Court Case No. 2002049636
  • Medina, et al.,  v. State of California Department of Education et al.,  San Francisco Superior Court Case No. CPF-06-506068
  • Mendoza, et al.  v. State of California, et al. Los Angeles Superior Court Case No. BS105481
  • Mendoza, et al. v. State of California, et al., and Los Angeles Parents Union, et al., California Court of Appeal, Second Appellate District, Div. Three, Case No. B195835
  • Mendoza, et al. v. State of California, et al, and Los Angeles Parents Union, et al., California Supreme Court
  • Opportunity for Learning – PB, LLC; Opportunities for Learning – C, LLC, and Opportunities for Learning WSH, LLC Notice of Appeal Before the Education Audit Appeals Panel
  • Options for Youth, et al., v. California Department of Education, et al., Los Angeles Superior Court Case No. BC 347454
  • Options of Youth, - Burbank, Inc., San Gabriel, Inc., Upland, Inc., and Victor Valley  Notice of Appeal Before the Education Audit Appeals Panel, OAH #2006100966
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • Roxanne Serna, et al., v. Delaine Eastin, State Superintendent of Public Instruction, et al., Los Angles County Superior Court, Case No. BC174282
  • Sonoma County Superintendents of Schools, et. al. v. Special Education Hearing Office, et.al.  Sacramento County Superior Court, Case No. 04AS0393
  • Valenzuela, et al., v. Jack O’Connell, et al., Alameda Superior Court, Case No. JCCP 4468
  • Case Name Unspecified: Disclosure of case names would jeopardize existing settlement negotiations

Conference with Legal Counsel – Anticipated Litigation:  Under Government Code sections 11126(e)(1) and (e)(2)(B), the State Board of Education hereby provides public notice that it may meet in closed session to decide whether there is a significant exposure to litigation, and to consider and act in connection with matters for which there is a significant exposure to litigation.  Under Government Code sections 11126(e)(1) and (e)(2)(C), the State Board of Education hereby provides public notice that it may meet in closed session to decide to initiate litigation and to consider and act in connection with litigation it has decided to initiate.

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 public employees, or a complaint or charge against public employees. Public employees include persons exempt from civil service under Article VII, Section 4(e) of the California Constitution.


SCHEDULE OF MEETING

LOCATION

Wednesday, May 9, 2007
9:00 a.m. Pacific Time ± (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 10, 2007
8:00 a.m. Pacific Time ±

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, May 10, 2007
8:00 a.m. ± Pacific Time (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, but not required, 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
AGENDA

Public Session
May 9-10 2007

Wednesday, May 9, 2007 – 9:00 a.m. Pacific Time ± (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

CLOSED SESSION

Approval of Minutes (meetings from February 14-15, 2007, March 7-8, 2007 and April 17, 2007)

Communications

Announcements

REPORT OF THE SUPERINTENDENT

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

NOTE:  Items not heard or completed on May 9, 2007, may be carried over to May 10, 2007.

 

ITEM 1 (DOC: 159KB; 6pp.)

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; Board Liaison Reports; and other matters of interest

INFORMATION


ITEM 2 (DOC; 58KB; 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; 67KB; 7pp.)

California High School Exit Exam (CAHSEE): Including, but not limited to, Program Update

ACTION INFORMATION

*** Item #4 has been moved to Thursday, May 10, 2007***

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

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

ACTION INFORMATION


ITEM 6 (DOC; 59KB; 2pp.)

Standardized Testing and Reporting (STAR) Program: California Modified Assessment (CMA)

ACTION

INFORMATION


ITEM 7 (DOC; 64KB; 3pp.)

Standardized Testing and Reporting (STAR) Program: Including, but not limited to, Program Update

ACTION

INFORMATION


ITEM 8 (DOC; 55KB; 2pp.)

California English Language Development Test (CELDT): Program Update, including, but not limited to, upcoming release of annual assessment results

ACTION

INFORMATION


ITEM 9 (DOC; 186KB; 33pp.)

U.S. Department of Education Peer Review: including, but not limited to, approval of performance level descriptors

ACTION INFORMATION


ITEM 10 (DOC; 66KB; 2pp.)

Update on issues related to California’s implementation of No Child Left Behind and other federal programs

ACTION INFORMATION


ITEM 11 (DOC; 62KB; 3pp.)

Approval of Research Questions for Reading First Evaluation Request for Proposal for Program Year 6 and Beyond (Pending Availability of Funds)

ACTION INFORMATION


ITEM 12 (DOC; 61KB; 2pp.)

No Child Left Behind (NCLB) Act of 2001: Approve Supplemental Educational Services (SES) Providers for 2007-2009

ACTION INFORMATION


ITEM 13 (DOC; 116KB; 3pp.)

Consolidated Applications 2006-07: Approval

ACTION

INFORMATION


ITEM 14 (DOC; 58KB; 2pp.)

No Child Left Behind Act of 2001: Approve Local Educational Agency Plans, Title 1, Section 1112

ACTION INFORMATION


ITEM 15 (DOC; 59KB; 2pp.)

Chief Business Officer Training Program – Approve Training Candidates

ACTION

INFORMATION


ITEM 16 (DOC; 313KB; 4pp.)

Assignment of Numbers for Charter School Petitions

ACTION

INFORMATION


ITEM 17 (DOC; 124KB; 5pp.)

Charter Schools: Determination of Funding Requests for 2006-07 (and beyond) for Nonclassroom-based Charter Schools

ACTION

INFORMATION


ITEM 18 (DOC; 171KB; 9pp.)

2007 Mathematics Primary Adoption of Instructional Materials: Appointment of Instructional Materials Advisory Panel Members and Content Review Panel Experts (Cohort 4)

ACTION

INFORMATION


ITEM 19 (DOC; 160KB; 6pp.)

Mathematics and Reading Professional Development Program, Assembly Bill 466 (Chapter 737, Statutes of 2001): Approve Reimbursement Requests from Local Educational Agencies

ACTION INFORMATION


ITEM 20 (DOC; 104KB; 6pp.)

The Administrator Training Program, Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of Applications for Funding from Local Educational Agencies

ACTION INFORMATION


ITEM 21 (DOC; 55KB; 2pp.)

High Priority Schools Grant Program: Approve Revised Applications and Action Plans for Cohort 2 Schools

ACTION INFORMATION


ITEM 22 (DOC; 3MB; 2pp.)

California State Transition Plan 2007-2008 for Career Technical Education: Carl D. Perkins Career and Technical Education Improvement Act of 2006: Extend Waiver Section 132 and Updates

ACTION INFORMATION

***PUBLIC HEARINGS***

Public Hearings on the following agenda items will commence no earlier than 2:00 p.m. on May 9, 2007.  The Public Hearings will be held as close to 2:00 p.m. as the business of the State Board permits.

ITEM 23 (DOC; 1MB; 67pp.)

Environmental Effect of the Proposed Unification of the Trinity Union High School District with the Weaverville Elementary School District in Trinity County

ACTION INFORMATION

PUBLIC HEARING


ITEM 24 (DOC; 237KB; 23pp.)

Proposed Unification of the Trinity Union High School District and the Weaverville Elementary School District in Trinity County

ACTION INFORMATION

PUBLIC HEARING

***END OF PUBLIC HEARINGS***

 

ITEM 25 (DOC; 266KB; 48pp.)

Facilities for Charter Schools (Proposition 39): Adopt as Amended, or Further Amend Proposed Title 5 Regulations

ACTION INFORMATION

***PUBLIC HEARINGS***

Public Hearings on the following agenda items will commence no earlier than 2:30 p.m. on May 9, 2007. The Public Hearings will be held as close to 2:30 p.m. as the business of the State Board permits.

ITEM 26 (DOC; 871KB; 134pp.)

Petition by the Aim High Community Charter School to Establish a Charter School under the Oversight of the State Board of Education: Hold Public Hearing and Approve

ACTION INFORMATION

PUBLIC HEARING


ITEM 27 (DOC; 454KB; 50pp.)

Petition by the Ackerman Elementary School District to become an All-Charter District pursuant to Education Code Section 47606: Hold Public Hearing and Approve

ACTION INFORMATION

PUBLIC HEARING


ITEM 28 (DOC; 328KB; 34pp.)

Petition by the Culture and Language Academy of Success to Establish a Charter School under the Oversight of the State Board of Education: Hold Public Hearing. Recommendation to be Provided in Addendum

 

ACTION INFORMATION

PUBLIC HEARING

***END OF PUBLIC HEARINGS***

 

ITEM 29 (DOC; 309KB; 3pp.)

State Board of Education-Approved Charter Schools: Update

ACTION INFORMATION


ITEM 30 (DOC; 142 KB; 18pp.)

Legislative update, including, but not limited to information on legislation from the 2007-08 legislative session.

ACTION INFORMATION


ITEM 31 (DOC; 57KB; 2pp.)

Per Education Code Section 17524(a), the Nevada Joint Union High School District seeks approval to enter into a joint-occupancy agreement with Verizon Wireless for the installation of a cell tower on district property

ACTION INFORMATION


ITEM 32 (DOC; 150KB; 19pp.)

Charter School Conflict of Interest Procedures: Approve Commencement of the Rulemaking Process for Amendments to Title 5, Sections 11961 – 11961.10

ACTION INFORMATION

ADJOURNMENT OF DAY’S SESSION

Thursday, May 10, 2007 - 8:00 a.m.± Pacific Time (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

REPORT OF THE SUPERINTENDENT (unless presented on the preceding day)

ITEMS DEFERRED FROM PRECEDING DAY

Any matters deferred from the previous day’s session may be considered.

CLOSED SESSION

NOTE:  Items not heard or completed on May 9, 2007, may be carried over to May 10, 2007.

ITEM 4 (DOC; 96KB; 4pp.)

California High School Exit Examination (CAHSEE) and Senate Bill (SB) 267: Consideration of a course of action to adopt regarding pupils with disabilities who have met all other state and local graduation requirements, but who are unable to satisfy the CAHSEE requirement or obtain a waiver of the requirement under Section 60851(c) of the California Education Code

ACTION

INFORMATION


ITEM 33 (DOC; 67KB; 3pp.)

New West Charter Middle School: Approve with Conditions a Material Revision to the Charter to Extend the Initial Approval Period by One Year (2007-08) to June 30, 2008

ACTION INFORMATION

***PUBLIC HEARINGS***

Public Hearings on the following agenda items will commence no earlier than 10:00 a.m. on May 10, 2007. The Public Hearings will be held as close to 10:00 a.m. as the business of the State Board permits.

ITEM 34

Petition by the South Bay Preparatory Charter School to Establish a Charter School under the Oversight of the State Board of Education: Hold Public Hearing. Recommendation to be Provided in Addendum

ACTION INFORMATION

PUBLIC HEARING

**ITEM 34 WILL NOT BE HEARD BY THE SBE***

ITEM 35 (DOC; 515KB; 65pp.)

Appeal by the Rehoboth Charter Academy for Renewal by the State Board of Education: Hold Public Hearing and Take Action

ACTION INFORMATION

PUBLIC HEARING

***END OF PUBLIC HEARINGS***

 

ITEM 36 (DOC; 59KB; 2pp.)

Adoption of Kindergarten Through Grade Eight Instructional Materials: Consider Comments Received During Public Comment Period Regarding Proposed Regulations to Replace Those Currently Found in California Code of Regulations, Title 5, sections 9510–9530

ACTION INFORMATION


ITEM 37 (DOC; 103KB; 18pp.)

Approve Commencement of the Rulemaking Process for regulations dealing with Textbook Weight Standards, California Code of Regulations, Title 5, Section 9517.2

ACTION INFORMATION


ITEM 38 (DOC; 216KB; 27pp.)

American Indian Education Center Program – Approve the Finding of Emergency and Proposed Emergency Regulations; and Approve Commencement of the Rulemaking Process for Amendments to Title 5, Section 11996 – 11996.10

ACTION INFORMATION


ITEM 39 (DOC; 218KB; 31pp.)

Mathematics and Reading Professional Development Program: Approve Commencement of 15-Day Comment Period for Proposed Amendments to Title 5 Regulations

ACTION INFORMATION


ITEM 40 (DOC; 58KB; 2pp.)

Mathematics and Reading Professional Development Program, Senate Bill (SB) 472 (Chapter 5, Statutes of 2007): Approval of Training Providers and Training Curricula

ACTION INFORMATION


ITEM 41 (DOC; 202KB; 19pp.)

No Child Left Behind Act of 2001: Approve Commencement of the Rulemaking Process for Amendments to Title 5, Section 6100 Definitions, 6104 High Objective Uniform State Standard of Evaluation (HOUSSE) and 6105 Subject Matter Verification HOUSSE Process for Secondary Teachers in Special Settings.

ACTION INFORMATION


ITEM 42 (DOC; 340KB; 7pp.)

Quality Education Investment Act: Approve Applications for Funding.

ACTION INFORMATION

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 PROGRAMS

ITEM WC-1 (DOC; 79KB; 4pp.)

Request by Fremont Unified School District (USD) to waive Education Code (EC) Section 52522(b) to increase from 5 percent to 7 percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Waiver Number: 8-2-2007

(Recommended for APPROVAL)

ACTION


ITEM WC-2 (DOC; 80KB; 4pp.)

Request by Monterey Peninsula Unified School District (USD) to waive Education Code (EC) Section 52522(b) to increase from 5 percent to 7 percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs.

Waiver Number: 35-1-2007

(Recommended for APPROVAL)

ACTION

RESOURCE SPECIALIST

ITEM WC-3 (DOC; 63KB; 2pp.)

Request by Hughson 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 4 students (32 maximum). Janelle Santos at Hughson Unified School District

Waiver Number: 4-1-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

SCHOOL SITE COUNCIL

ITEM WC-4 (DOC; 62KB; 2pp.)

Request by Lemoore Union High School District under the authority of Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one joint school site council to function for three small alternative education high schools (Jamison High School, Yokuts High School, and Gundacker Community Day School).

Waiver Number: 14-2-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM WC-5 (DOC; 62KB; 2pp.)

Request by Buellton Union School District, under the authority of Education Code (EC) Section 53863 for a waiver of EC Section 52852, to allow one joint school site council to function for two small rural schools, Oak Valley Elementary School (K-5) and Jonata Middle School (6-8).

Waiver Number: 3-3-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

STATE MEAL MANDATE (SATURDAY SCHOOL MEAL)

ITEM WC-6 (DOC; 76KB; 3pp.)

Request by Needles Unified School District and Mammoth Unified School District to waive Education Code (EC) Section 49550, the requirement that needy pupils must be provided with a nutritionally adequate free or reduced-price meal during each school day (State Meal Mandate) during the Saturday school session.

Waiver Number:       Needles USD – 34-1-2007

                                   Mammoth USD – 19-3-2007

(Recommended for APPROVAL)

ACTION

STATE MEAL MANDATE (SUMMER SCHOOL MEAL)

ITEM WC-7 (DOC; 103KB; 4pp.)

Request by various local educational agencies (LEAs) under the waiver authority of Education Code (EC) Section 49548 to waive EC Section 49550, the requirement that needy pupils must be provided with a nutritionally adequate free or reduced-price meal during each school day (State Meal Mandate) during summer school sessions.

Waiver Number: 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 I (students with disabilities)

ITEM W-1 (DOC; 62.5KB; 2pp.)

Request by Lodi Unified School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2006-07 school 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 Section 56101, the special education waiver authority.

Waiver Number: 5-2-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


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

Request by Riverside Unified School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2006-07 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for 19 special education students based on EC Section 56101, the special education waiver authority.

Waiver Number: 23-3-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM W-3 (DOC; 63KB; 2pp.)

Request by Pleasanton Unified School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2006-07 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for seven special education students based on EC Section 56101, the special education waiver authority.

Waiver Number: 1-3-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM W-4 (DOC; 63KB; 2pp.)

Request by Stockton Unified School District to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2006-07 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for two special education students based on EC Section 56101, the special education waiver authority.

Waiver Number: 34-2-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

ALGEBRA I (students with disabilities)

ITEM W-5 (DOC; 64KB; 2pp.)

Request by various local educational agencies to waive Education Code (EC) Section 51224.5(b), the requirement that all students graduating in the 2006-07 year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for special education student(s) based on EC Section 56101, the special education waiver authority.

Waiver Number: Various

ACTION

CHARTER SCHOOL PROGRAM – PERIOD OF RENEWAL

ITEM W-6 (DOC; 75KB; 2pp.)

Request by the Lennox Elementary School District, a district serving kindergarten through grade eight, to waive Education Code (EC) Section 47605(a)(6) to allow the district to renew the charter of the Lennox Mathematics, Science, and Technology Academy, a charter school serving grades nine through 12.

Waiver Number: 35-2-2007

(Recommended for APPROVAL) 33051(c) will apply

ACTION

CHARTER SCHOOL (geographic limits on resource centers for nonclassroom-based)

ITEM W-7 (DOC; 87KB; 4pp.)

Request by the Camptonville Elementary School District for The Camptonville Academy to waive Education Code (EC) Section 47605.1(c)(2) pertaining to geographic limits on resource centers for nonclassroom-based charter schools so that the charter school can continue to operate one resource center in adjacent Placer County.

 Waiver Number: 10-3-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM W-8 (DOC; 100KB; 4pp.)

Request by the Camptonville Elementary School District for The Camptonville Academy to waive Education Code (EC) Section 47605.1(c)(2) pertaining to geographic limits on resource centers for nonclassroom-based charter schools so that the charter school can continue to operate two resource centers in adjacent Butte County.

 Waiver Number: 13-3-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

CITIZENS OVERSIGHT COMMITTEE

ITEM W-9 (DOC; 67KB; 3pp.)

Request by the Hermosa Beach City School District to waive portions of Education Code (EC) Section 15282, regarding term limits for members of a Citizens' Oversight Committee for construction bonds in the district from Measure J, November 2002.

Waiver Number: 24-3-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

COMMUNITY DAY SCHOOL (collocation)

ITEM W-10 (DOC; 70KB; 3pp.)

Request by Sacramento City Unified School District for a waiver of Education Code (EC) Section 48661(a) to permit the collocation of the Success Academy, a community day school (CDS) on the same site as a charter high school (MET Charter High School).

Waiver Number: 1-11-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

INSTRUCTIONAL MATERIALS FUNDING REALIGNMENT PROGRAM (IMFRP)

ITEM W-11 (DOC; 65KB; 3pp.)

Request by Pleasant Valley School District under Education Code (EC) sections 60421(d) and 60200(g) to purchase specified non-adopted instructional materials (Everyday Mathematics, Grades K-3, c.2001, and Grades 4-5, c.2002) using Instructional Materials Funding Realignment Program (IMFRP) monies for Los Senderos Open School students only.

Waiver Number: 24-2-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION


ITEM W-12 (DOC; 65KB; 2pp.)

Request by East Whittier City School District under Education Code (EC) sections 60421(d) and 60200(g) to purchase specified non-adopted instructional materials (Everyday Mathematics, kindergarten and grades one through five, c.2001-2002) using Instructional Materials Funding Realignment Program (IMFRP) monies.

Waiver Number: 12-3-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

INSTRUCTIONAL MATERIALS (24 month rule)

ITEM W-13 (DOC; 64KB; 2pp.)

Request by Poway Unified School District under the authority of Education Code (EC) Section 60422(c) to waive EC Section 60422(a), the “24 month rule” for purchase of instructional materials after the adoption of a new list by the State Board of Education. Request is to delay part of the adoption of materials in science (K - 5 only) for 12 additional months.

Waiver Number: 20-1-2007

(Recommended for APPROVAL WITH CONDITIONS )

ACTION


ITEM W-14 (DOC; 68KB; 3pp.)

Request by East Whittier City School District under the authority of Education Code (EC) Section 60422(c) to waive EC Section 60422(a), the "24 month rule" for purchase of instructional materials after the adoption of a new list by the State Board of Education. Request is to delay part of the adoption of materials in science (K-5 only) for 12 additional months.

Waiver Number: 14-3-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

INSTRUCTIONAL MATERIALS SUFFICIENCY (EC 60119 Audit Findings)

ITEM W-15 (DOC; 68KB: 3pp.)

Request by Butte County Office of Education for retroactive waiver of the audit penalty for the 2004-05 and 2005-06 fiscal years of Education Code (EC) Section 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects. The audit findings were both for holding public hearing during or immediately following school hours.

Waiver Number: 15-12-2006 and 14-12-2006

(Recommended for APPROVAL)

ACTION


ITEM W-16
(DOC; 67KB; 3pp.)

Request by Shasta County Office of Education (COE) for a retroactive waiver of the audit penalty for the 2004-05 and 2005-06 fiscal years of Education Code (EC) Section 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects. The county office held the required public hearing immediately following school hours both years.

Waiver Number: 7-2-2007 and 20-3-2007

(Recommended for APPROVAL)

ACTION


ITEM W-17 (DOC; 66KB; 3pp.)

Request by Sacramento County Office of Education for a retroactive waiver of the 2005-06 fiscal year audit penalty for Education Code (EC) Section 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects. The county held their public hearing after the first eight weeks of the start of school.

Waiver Number: 2-3-2007

(Recommended for APPROVAL)

ACTION


ITEM W-18 (DOC; 66KB; 3pp.)

Request by Fresno County Office of Education for a retroactive waiver of the audit penalty for the 2005-06 fiscal year of Education Code (EC) Section 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects. Audit finding for holding the public hearing after the first eight weeks of the start of school.

Waiver Number: 28-2-2007

(Recommended for APPROVAL)

ACTION


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

Request by Santa Cruz County Office of Education for retroactive waiver of the audit penalty for the 2005-06 fiscal year of Education Code (EC) Section 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects. The public hearing was held at 2:00 p.m.

Waiver Number: 29-2-2007

(Recommended for APPROVAL)

ACTION


ITEM W-20 (DOC; 66KB; 3pp.)

Request by Oakland Unified School District for a retroactive waiver of the 2002-03 fiscal year audit penalty for Education Code (EC) Section 60119 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects. Audit finding was insufficient proof of the notice and hearing requirements in 2002-03.

Waiver Number: 5-10-2005

(Recommended for APPROVAL)

ACTION

INSTRUCTIONAL TIME PENALTY

ITEM W-21 (DOC; 69KB; 3pp.)

Request by Pine Ridge Elementary School District to waive Education Code (EC) Section 46202(b), the longer day incentive program audit penalty for offering less instructional time in the 2005-06 fiscal year than what the district offered in 1982-83 at Pine Ridge School by 470 minutes for students in grades 1-8.

Waiver Number: 28-1-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

NONPUBLIC SCHOOL (standards based core curriculum instructional materials)

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

Request by Whittier City Elementary School District to waive Education Code (EC) Section 56366.10(b)(1) which requires that students in special education non public school (NPS) must have access to the same standards based core curriculum instructional materials as are used in the local education agency within which the Oralingua School (NPS) is located.

Waiver Number: 1-12-2006

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

REORGANIZATION ELECTION

ITEM W-23 (DOC; 69KB; 3pp.)

Request by the Sacramento County Office of Education to waive the portion of the California Education Code (EC) section 35756 that requires a County Superintendent of Schools to call a reorganization election within 35days of receipt of the notice of approval.

Waiver Number: 10-4-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

RESOURCE SPECIALIST

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

Request by Alhambra Unified School 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 4 students (32) maximum). Eugena Centeno assigned at Ynez Elementary.

Waiver Number: 33-1-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

SCHOOL SITE COUNCIL – COMPOSITION AND NUMBER

ITEM W-25 (DOC; 64KB; 2pp.)

Request by Lancaster School District on behalf of a small alternative school for a waiver of Education Code (EC) Section 52852, to allow a reduction in the number of members required for a schoolsite council (SSC) for a small alternative high school Crossroads School.

Waiver Number: 5-1-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

STATE TESTING

ITEM W-26 (DOC; 62KB; 2pp.)

Request by five local educational agencies (LEA) to waive the State Testing Apportionment Information Report deadline of December 31st in the California Code of Regulations (CCR), Title 5, Section 11517.5(b)(1)(A) regarding the California English Language Development Test (CELDT), or CCR Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination (CAHSEE), or CCR, Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program (STAR).

Waiver Numbers: see attached list for specific school districts

(Recommended for APPROVAL)

ACTION

NONPUBLIC SCHOOL/AGENCY CERTIFICATION

ITEM W-27 (DOC; 79KB: 4pp.)

Request by San Diego Unified School District (SDUSD) for renewal of a “single child waiver” of California Education Code (EC) 56366.1(a), the certification requirement for a nonpublic residential school, Judge Rotenburg Center, located in Canton, Massachusetts to allow student (number 010292026) to attend that school using special education funds. 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 student’s self-injurious behavior.

Waiver Number: 3-2-2007

(Recommended for DENIAL)

 

ACTION

SPECIAL EDUCATION LOCAL PLAN AREA (Charter Schools)

ITEM W-28

Request by El Dorado County Office of Education to waive portions of Education Code (EC) Section 56195.1, size and scope requirements for Special Education Local Plan Area (SELPA) to create a charter-only SELPA.

Waiver Number: 36-4-2007

(Recommended for APPROVAL WITH CONDITIONS)

ACTION

***ADJOURNMENT OF MEETING***

For more information concerning this agenda, please contact 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/ag/)

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