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Agenda
September 18-19, 2007

State Board Members

Kenneth Noonan, President
Ruth Bloom,  Vice President

James Aschwanden
Alan Bersin
Yvonne Chan
Don Fisher
Ruth Green
David Lopez
Ted Mitchell
Johnathan Williams
Monica Liu, Student Member

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Roger Magyar

Schedule of Meeting

Location

Tuesday, September 18, 2007
8:30 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 8:30 a.m.; (2) may begin at or before 8:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30 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 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
  • Houston, et al. v. Unknown US Employees, et al., U.S. District Court, Southern District, Case No. 06CV1285-IEG(AJB)
  • 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
  • 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
  • Preskar, et al. v. The United States of America, et al., United States District Court, Eastern District, Case No. 2:07-CV-00874-GEB-EFB
  • Roxanne Serna, et al., v. Delaine Eastin, State Superintendent of Public Instruction, et al., Los Angles County Superior Court, Case No. BC174282
  • 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

Tuesday, September 18, 2007
8:30 a.m. Pacific Time ± (Upon Adjournment of Closed Session, if held)

 

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

Wednesday, September 19 , 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

Wednesday, September 19 , 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
September 18-19, 2007

Tuesday, September 18, 2007 - 8:3 0 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 from July, 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 September 18, 2007, may be carried over to September 19, 2007.

Agenda Items

Item 1 (DOC; 152KB; 3pp.)

Subject: 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.

Type of Action:  Action, Information

Item 2 (DOC; 58KB; 1pp.)

Subject: 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.

Type of Action:  Information

Item 3 (DOC; 158KB; 18pp.)

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

Type of Action: Action, Information

Item 4 (DOC; 6135KB; 24pp.)

Subject: California High School Exit Examination (CAHSEE): Update Including, but not limited to program update on the 2006-07 test administrations and the release of summary test results.

Type of Action: Action, Information

Item 5 (DOC; 471KB; 13pp.)

Subject: Standardized Testing and Reporting (STAR) Program: Report of the 2007 Results

Type of Action: Action, Information

Item 6 (DOC; 2615KB; 13pp.)

Subject: Accountability Progress Reporting System: Report of the 2007 Results from the Academic Performance Index, Adequate Yearly Progress, and Program Improvement Reports.

Type of Action: Action, Information

Item 7 (DOC; 73KB; 3pp.)

Subject: U.S. Department of Education Peer Review of Standards and Assessment: Results of Peer Review

Type of Action: Action, Information

Item 8 (DOC; 79KB; 4pp.)

Subject: No Child Left Behind Act of 2001: Update on Issues Related to California’s Assignment of Sanctions for Local Educational Agencies in Program Improvement Corrective Action

Type of Action: Action, Information

Item 9 (DOC; 468KB; 6pp.)

Subject: No Child Left Behind (NCLB) Act of 2001: Approve Adjustments to Title III Accountability Targets.

Type of Action: Action, Information,

Item 10 (DOC; 160KB; 4pp.)

Subject: No Child Left Behind Act of 2001, Highly Qualified Teachers: Approve Commencement of 15-Day Comment Period for Proposed Changes to Proposed Title 5 Regulations Section 6100 and 6104-6105.

Type of Action: Action, Information

Item 11 (DOC; 76KB; 5pp.)

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

Type of Action:  Action, Information

Item 12 (DOC; 639KB; 87pp.)

Subject: Facilities for Charter Schools (Proposition 39): Approve Commencement of 15-Day Comment Period for Proposed Changes to Proposed Title 5 Regulations

Type of Action: Action, Information

*** Public Hearings ***

A Public Hearing on the following agenda items will commence no earlier than 12:00 p.m. on September 18, 2007.  The Public Hearings will be held as close to 12:00 p.m. as the business of the State Board permits.

Item 13 (DOC; 6615KB; 223pp.)

Subject: Petition by the Micro-Enterprise Charter Academy to Establish a Charter School under the Oversight of the State Board of Education: Hold Public Hearing and Approve.

Type of Action: Action, Information, Public Hearing

Item 14 (DOC; 66KB; 3pp.)

Subject: Petition by Lifeline Education Charter School to Establish a Charter School under the Oversight of the State Board of Education: Hold Public Hearing and Deny

Type of Action: Action, Information, Public Hearing

***END OF PUBLIC HEARINGS***

Item 15 (DOC; 201KB; 3pp.)

Subject: Space Exploration Academy and Junior Space Exploration Academy Revocation Appeals: Uphold the Revocation Decisions.

Type of Action: Action, Information

  • Item 15 Attachment 1 (PDF; 2081KB; 50pp.) (Coming Soon)
  • Item 15 Attachment 2 (PDF; 17373KB; 494pp.) (Coming Soon)
  • Item 15 Attachment 3 (PDF; 1951KB; 47pp.) (Coming Soon)
  • Item 15 Attachment 4 (PDF; 19201KB; 524pp.) (Coming Soon)

Item 16 (DOC; 355KB; 26pp.)

Subject: Ridgecrest Charter School: Approve Notice to Cure

Type of Action: Action, Information

Item 17 (DOC; 92KB; 3pp.)

Subject: State Board of Education-Approved Charter Schools: Update

Type of Action: Action, Information

Item 18 (DOC; 137KB; 13pp.)

Subject: Child Nutrition Programs: Food and Beverage Requirements Outside of the Federal School Meal Programs - Approve Commencement of the Rulemaking Process for Amendments to Title 5, Sections 15575 - 15578.

Type of Action: Action, Information

Item 19 (DOC; 81KB; 5pp.)

Subject: Educational Interpreters for Pupils Who are Deaf or Hard of Hearing – Adopt Proposed Title 5 Regulations Section 3051.16 and Section 3065.

Type of Action: Action, Information

Item 20 (DOC; 863KB; 48pp.)

Subject: Chief Business Officer Training Program – Interim Report to the Legislature

Type of Action: Action, Information

Item 21 (DOC; 200KB; 18pp.)

Subject: Appeal by chief petitioners from a decision of the Placer County Committee on School District Organization to disapprove a petition to transfer territory from the Western Placer Unified School District to the Loomis Union Elementary School District, Newcastle Elementary School District, and Placer Union High School District in Placer County

Type of Action: Action, Information

Item 22 (DOC; 52KB; 1pp.)

Subject: K-8 Instructional Materials and the Adoption Process

Type of Action: Action, Information

***ADJOURNMENT OF DAY’S SESSION***

Wednesday, September 19, 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.

Proposed Consent Calendar – Items 23 – 35 

Agenda Items

Item 23 (DOC; 2362KB; 48pp.)

Subject: Consolidated Applications 2007-08: Approval

Type of Action: Action, Information

Item 24 (DOC; 136KB; 5pp.)

Subject: California High School Exit Examination (CAHSEE): Review local educational agency failure to grant diplomas for certain students under California Education Code Section 60852.4

Type of Action: Action, Information

Item 25 (DOC; 60KB; 1pp.)

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

Type of Action: Action, Information

Item 26 (DOC; 78KB; 2pp.)

Subject: No Child Left Behind Act of 2001: Approve Additional Supplemental Educational Services Providers for 2007-09

Type of Action: Action, Information

Item 27 (DOC; 101KB; 5pp.)

Subject: Implementation of Assembly Bill 1802, Chapter 79, Statutes of 2006: Approve Release of Funds for Supplemental Materials for English Learners

Type of Action: Action, Information

Item 28 (DOC; 110KB; 5pp.)

Subject: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approve Reimbursement Requests from Local Educational Agencies.

Type of Action: Action, Information

Item 29 (DOC; 58KB; 2pp.)

Subject: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approval of Training Providers and Training Curricula

Type of Action: Action, Information

Item 30 (DOC; 298KB; 27pp.)

Subject:  Gifted and Talented Education: Approval of Applications for Funding from Local Educational Agencies

Type of Action: Action, Information

Item 31 (DOC; 79KB; 7pp.)

Subject: Immediate Intervention/Underperforming Schools Program and the High Priority Schools Grant Program: Proposed Intervention for Cohort(s) 1-3 Immediate Intervention/Underperforming Schools Program Schools and Cohort 1 High Priority Schools Grant Program Schools that Failed to Show Significant Growth

Type of Action: Action, Information

Item 32 (DOC; 61KB; 2pp.)

Subject: Immediate Intervention/Underperforming Schools Program and High Priority Schools Grant Program: School Assistance and Intervention Team: Approval of Expenditure Plan to Support School Assistance and Intervention Team Activities and Corrective Actions in State-Monitored Schools

Type of Action: Action, Information

Item 33 (DOC; 58KB; 2pp.)

Subject: Assignment of Numbers for Charter School Petitions

Type of Action: Action, Information

Item 34 (DOC; 55KB; 2pp.)

Subject: Public Charter Schools Grant Program (PCSGP): Approve the List of Recommended PCSGP Planning and Implementation Grant Awardees

Type of Action: Action, Information

Item 35 (DOC; 67KB; 4pp.)

Subject: State Instructional Materials Fund – Approve Tentative Encumbrances and Allocations for Fiscal Year 2007-08

Type of Action: Action, Information

Item 36 (DOC; 122KB; 11pp.)

Subject: Independent Statewide Evaluation of After School Programs: Final Recommendations from the Advisory Committee on Before and After School Programs.

Type of Action: Action, Information

Item 37 (DOC; 512KB; 78pp.)

Subject: Mathematics and Reading Professional Development Program, Senate Bill 472, (Chapter 524, Statutes of 2006): Adopt Proposed Title 5 Regulations

Type of Action: Action, Information

Item 38 (DOC; 74KB; 3pp.)

Subject: Request for Approval of Yuba County Special Education Local Plan

Type of Action: Action, Information

Item 39 (DOC; 83KB; 2pp.)

Subject: Adoption of Kindergarten Through Grade Eight Instructional Materials: Approve Commencement of 15 Day Public Comment Period for Proposed Changes to Proposed Title 5 Regulations, Sections 9510-9530

Type of Action: Action, Information

Item 40 (DOC; 601KB; 21pp.)

Subject: Standardized Testing and Reporting (STAR) Program: Standards-based Tests in Spanish (STS) Blueprints for Grades Eight through Eleven

Type of Action: Action, Information

Item 41 (DOC; 576KB; 26pp.)

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

Type of Action: Action, Information

Item 42 (DOC; 110KB; 5pp.)

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

Item 43 (DOC; 87KB; 2pp.)

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

Type of Action:  Action, Information

Item 44 (DOC; 63KB; 2pp.)

Subject:  California English Language Development Test (CELDT): Update including, but not limited to, Program Update

Type of Action:  Action, Information

Item 45 (DOC; 63KB; 2pp.)

Subject:  Discussion of the CA State Board of Education’s English Learner Advisory Committee (ELAC)

Type of Action: Action, Information

WAIVER REQUEST CONSENT ITEMS

The following agenda items include waivers and other administrative matters that California Department of Education (CDE) staff have identified as having no opposition and presenting no new or unusual issues requiring the State Board’s attention.

CARL D. PERKINS CAREER AND TECHNICAL EDUCATION IMPROVENT ACT

Item WC-1 (DOC; 67KB; 3pp.)

Subject: Request by Warner Unified School District for a renewal waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).
Waiver Number: Fed-4-2007 (Recommended for APPROVAL)

Type of Action: Action

PHYSICAL EDUCATION (block schedules)

Item WC-2 (DOC; 77KB; 4pp.)

Subject: Request by San Luis Coastal 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 school days for students in grades nine through twelve in order to implement a trimester block schedule at San Luis Obispo High School.
Waiver Number: 52-4-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Item WC-3 (DOC; 78KB; 4pp.)

Subject: Request by Santa Barbara 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 ten through twelve in order to implement a four by four block schedule at San Marcos High School.
Waiver Number: 10-6-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Item WC-4 (DOC; 76KB; 4pp.)

Subject: Request by Santa Maria Joint Union High School District for a renewal 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 twelve in order to implement a four by four block schedule at Santa Maria High School and Pioneer Valley High School.
Waiver Number: 11-6-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Item WC-5 (DOC; 74KB; 3pp.)

Subject: Request by Lake Tahoe Unified School District for a renewal 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 twelve in order to implement a four by four block schedule at South Tahoe High School.
Waiver Number: 47-4-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Item WC-6 (DOC; 75KB; 3pp.)

Subject: Request by El Dorado Union High 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 school days for students in grades nine through twelve in order to implement a four by four block schedule at Union Mine High School.
Waiver Number: 16-5-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Item WC-7 (DOC; 84KB; 4pp.)

Subject: Request by Elk Grove 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 school days for students in grades nine through twelve in order to implement a modified four by four block schedule at Franklin High School, Laguna Creek High School, Sheldon High School, Monterey Trail High School, Toby Johnson Middle School, T.R. Smedberg Middle School, and Edward Harris Middle School.
Waiver Number: 9-5-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

SAFE AND DRUG FREE

Item WC-8 (DOC; 72KB; 3pp.)

Subject: Request by Covina-Valley Unified School District to waive No Child Left Behind Act (NCLB); Title IV, Part A, Section 4115(a)(1)(c) to use Safe an Drug Free Schools and Communities funds to support the cost of The Great Body Shop, a Comprehensive Health, Substance Abuse, Violence Prevention Program prekindergarten to eighth grade.
Waiver Number: Fed-5-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

SCHOOL SITE COUNCIL (shared by multiple schools)

Item WC-9 (DOC; 60KB; 2pp.)

Subject: Request by River Delta Unified 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 two small schools, Clarksburg Middle School and Delta High School.
Waiver Number: 6-7-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

WAIVER REQUEST NON-CONSENT ITEMS

The following agenda items include waivers and other administrative matters that CDE staff have identified as having opposition, being recommended for denial, or presenting new or unusual issues that should be considered by the State Board. On a case by case basis public testimony may be considered regarding the item, subject to the limits set by the Board President or the President’s designee; and action different from that recommended by CDE staff may be taken.

ALGEBRA l (students with disabilities)

Item W-1 (DOC; 64KB; 3pp.)

Subject: Request by Los Gatos-Saratoga Joint Union High School 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: 5-7-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

COMMUNITY DAY SCHOOL (commingling)

Item W-2 (DOC; 66KB; 3pp.)

Subject: Request by Madera County Office of Education for a waiver of portions of Education Code (EC) sections 48660 and 48916.1(d) to permit a community day school (CDS) to serve students in grades 4-6 with students in grades 7-8.
Waiver Number: 9-6-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Item W-3 (DOC; 67KB; 3pp.)

Subject: Request by  Dixon Unified School District for a waiver of portions of California Education Code (EC) sections 48660 and 48916.1(d) to permit a community day school (CDS) to serve students in grades 4-6 with students in grades 7-8.
Waiver Number: 2-8-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

EDUCATIONAL INTERPRETERS CERTIFICATION

Item W-4 (DOC; 72KB; 3pp.)

Subject: Request by Imperial County Office of Education to waive California Code of Regulations (CCR), Title 5, Section 3051.16(b)(1), the requirement that educational interpreters for deaf and hard of hearing pupils must be certified as of January 1, 2007. Would allow four interpreters to continue to provide services to students for 18 months under a remediation plan to complete the minimum qualifications as set by CCR, Title 5, Section 3051.16(b)(1).
Waiver Number: 15-6-2007, 17-6-2007, 18-6-2007, 19-6-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Item W-5 (DOC; 70KB; 3pp.)

Subject: Request by Los Angeles County Office of Education to waive California Code of Regulations (CCR), Title 5, Section 3051.16(b)(1), the requirement that educational interpreters for deaf and hard of hearing pupils must be certified as of January 1, 2007. Would allow one interpreter to continue to provide services to a student for 18 months under a remediation plan to complete the minimum qualifications as set by CCR, Title 5, Section 3051.16(b)(1).
Waiver Number: 2-7-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

FILL VACANCY ON THE COUNTY COMMITTEE

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

Subject: Request by the Los Angeles County Office of Education to waive California Education Code (EC) Section 4006(c)(2), the requirement to fill a vacancy on the County Committee on School District Organization and the 70-day time period the county superintendent is required to fill the vacancy by his or her appointment.
Waiver Number: 7-6-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

INSTRUCTIONAL MATERIALS (24 month rule)

Item W-7 (DOC; 68KB; 3pp.)

Subject: Request by Davis Joint 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 the adoption of materials in history–social science (K–5 only) for 12 additional months for one school only.
Waiver Number: 3-7-2007 (Recommended for APPROVAL)

Type of Action: Action

INSTRUCTIONAL TIME PENALTY

Item W-8 (DOC; 79KB; 4pp.)

Subject: Request by Lowell Joint School District to waive Education Code (EC) Section 46202(b) for failing to the make up instructional minutes (876 per year) as required by Waiver #10-1-2005-W-14, approved by the State Board of Education in March 2005 (regarding the 2003-04 audit finding). In 2005-06, Rancho-Starbuck Intermediate School had a shortfall of 220 minutes for students in grades 7-8 in the 2005-06 fiscal year, the first year of the required make-up.
Waiver Number: 39-4-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Item W-9 (DOC; 79KB; 5pp.)

Subject: Request by Oakland Unified School District to waive Education Code (EC) Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2003-2004 fiscal year than the minimum requirements at:

Stonehurst School in kindergarten (shortfall of 250 minutes); Whittier School in kindergarten (shortfall of 2660 minutes); Melrose Leadership Academy in grades 6-8 (shortfall of 6,180 minutes); Grass Valley School in grades 4-5 (shortfall of 160 minutes); and Washington Elementary School in grades 4-5 (shortfall of 490 minutes). The district also requests a waiver of EC 46200(c) the requirement than a school provide a minimum of 180 school days for Washington Elementary School grades 4-5 (2 days short).
Waiver Number: 4-6-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

Item W-10 (DOC; 75KB; 4pp.)

Subject: Request by Pacific Collegiate Charter School under the authority of Education Code (EC) Section 47612.6 to waive the fiscal penalties assessed under EC 47612.5(c) for offering less instructional time in the 2005-2006 fiscal year than the minimum requirements for charter schools set by EC 77612.5(a)(D) for students in grades 9-12, shortfall of 917 minutes that year.
Waiver Number: 8-6-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

INSTRUCTIONAL MATERIALS SUFFICIENCY (EC 60119 Audit Findings)

Item W-11 (DOC; 66KB; 3pp.)

Subject: Request by Orange County Department 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 11:10 a.m.
Waiver Number: 2-6-2007 (Recommended for APPROVAL)

Type of Action: Action

PRINCIPAL TRAINING PROGRAM

Item W-12 (DOC; 62KB; 2pp.)

Subject: Request by San Diego Unified School District to waive Education Code (EC) Section 44512(c) regarding the timelines to complete the final 80 hours of training for six school administrators involved in the principal training program, established by Assembly Bill 75 (Statutes of 2001).
Waiver Number: 4-7-2006 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

SCHOOL DISTRICT ORGANIZATION

Item W-13 (DOC; 64KB; 3pp.)

Subject: Request by Alameda County Office of Education for a waiver of portions of California Education Code (EC) Section 35706 regarding the 120-day timelines between the first public hearing and approval or disapproval of the petition by the Alameda County Committee on School District Organization regarding the transfer of territory from Castro Valley Unified School District to Dublin Unified School District.
Waiver Number: 7-7-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

SCHOOL SITE COUNCIL ADVISORY TEAM (composition)

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

Subject: Request by Lompoc Unified School District under the authority of Education Code (EC) Section 53863 for a renewal to waive portions of EC Section 52852, to allow a School Site Advisory Team to function as the school site council for Maple Continuation High School and to modify the composition of the team.
Waiver Number: 18-5-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

SCHOOL SITE COUNCIL (shared by multiple schools)

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

Subject: Request by Mt. Shasta Union Elementary 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 two small schools, Mt. Shasta Elementary School (grades K-3) and Sisson Middle School (grades 4-8).
Waiver Number: 17-5-2007 (Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action

STATE TESTING APPORTIONMENT

Item W-16 (DOC; 60KB; 2pp.)

Subject: Request by two 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)

Type of Action: Action

*** ADJOURNMENT OF DAYS SESSION***

***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/]

 

Questions:   State Board of Education | 916-319-0827
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