Final Minutes January 12, 2006 - SBE Minutes (CA State ...



California Department of Education

1430 N Street, Room 1101

Sacramento, California

Members Present

Ruth E. Green, President

Glee Johnson, Vice President

Alan Bersin

Yvonne Chan

Paul Gardner III

Kenneth Noonan

Joe Nuñez

Bonnie Reiss

Johnathan Williams

Ruth Bloom

Members Absent

Don Fisher

Secretary and Executive Officer

Jack O’Connell, State Superintendent of Public Instruction

Call to Order at 9:00 a.m.

Salute to the Flag

Mr. Bersin led the Board and the audience in the Pledge of Allegiance

Approval of Minutes (November 9-10, 2005)

• ACTION: Ms. Bloom moved to approve the meeting minutes for the November 9-10, 2005, meeting with minor technical corrections. Ms. Johnson seconded the motion. The motion was approved by a vote of 9-0.

Announcements

President Green presented Karen Steentofte with a certificate of appreciation for her support and service. She also reported that the Board had written a letter of appreciation to Dave Gordon, Superintendent of the Sacramento County Office of Education, for his unselfish support of the Board’s work. She reported that the letter stated that, “…without SCOE’s gracious assistance, the Board would not have been able to manage its important work.”

President Green introduced Mr. Seave, new Chief Counsel for the State Board of Education. Mr. Seave has a well-established and distinguished legal career having served as a special assistant attorney general for California and a United States attorney for the Eastern District of California.

President Green also announced the Paul Gardner III, the current student member of the Board, had received an early acceptance into Harvard. The Board applauded Paul’s accomplishment.

Superintendent’s Report

Superintendent O’Connell reported that the Governor’s January Budget Proposal was a good first start and that he looked forward to working with the Governor on education issues. He reported that the Governor had included a budget item to support remediation for students who had not yet passed both portions of the CAHSEE. Finally, he announced that Bill Padia, Director of the Policy and Evaluation Division, had just been appointed Deputy Superintendent of the Assessment and Accountability Branch.

|ITEM 1 |STATE BOARD PROJECTS AND PRIORITIES. |INFORMATION |

| |Including, but not limited to, future meeting plans; agenda items; State Board office budget; |ACTION |

| |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. | |

➢ ACTION: Mr. Bersin nominated Ms. Johnson for President of the State Board of Education. The motion was seconded by Ms. Chan. The Board elected Ms. Johnson as President of the State Board of Education by acclamation.

➢ ACTION: Ms. Reiss nominated Mr. Noonan for office of Vice President of the State Board of Education. The motion was seconded by Ms. Bloom. The Board elected Mr. Noonan as Vice President of the State Board of Education by acclamation.

President Johnson asked Ms. Green if she would preside over the day’s meeting. Ms. Green agreed to do so.

Ms. Green read a statement regarding the History/Social Science adoption and concerns that have been raised by different parties that were not satisfied with the Board’s actions on November 9, 2005. She reassured the publishers that the SBE would work with them regarding publication due dates and directed the CDE to assist in that endeavor. She further stated that on Friday January 6, 2006, she had hosted a meeting with scholars to better understand the outstanding issues. She recommended that the Board form a committee to study the issue more and identified herself, Ms. Johnson, Mr. Williams, Mr. Noonan, and Mr. Nuñez as members.

➢ ACTION: Ms. Chan moved that the Board form a five-member committee consisting of Ms. Green, Mr. Noonan, Mr. Nuñez, Mr. Williams, and Ms. Johnson to evaluate whether the Board’s direction of November 9 pertaining to grades 6 through 8 was followed by the Curriculum Commission in its action of December 2, 2005; and concurrently that the Board Committee work with CDE staff to review all edits and corrections that the Committee deems appropriate and bring back a recommendation to the Board on how to proceed. Mr. Bersin seconded the motion. The motion was approved by a vote of 10-0.

Ms. Bloom reported on a Commission on Teacher Credentialing meeting held on December 1, 2005 that worked on streamlining the process for teaching credentials and for using in-house legal support as means for reducing costs. Ms. Bloom also reported on activities for the Summer School for the Arts and indicated that she attended a fund-raising activity that successfully raised $100,000.

Mr. Gardner, Board liaison for the Child Nutrition Advisory Council, reported on the goals and priorities of the CNAC. He provided a written summary of the CNAC goals to the Board members.

|ITEM 2 |PUBLIC COMMENT. |INFORMATION |

| |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. | |

Individuals who addressed the Board (not in order of speaking):

Ellen Jensen, Decision Development Corporation

Anu Mandavilli, Friends of South Asia

Sanjeev Mahajan

Thillai Kumaran

M.N. Tamilan, Registered Civil and Structural Engineer, State of California

Raju Rajagopal, Individual

Mark Muller, Principal, El Camino Junior High

Ann Desmond, California State Parent-Teacher Association

Keith Johannes, California Association for Health, Physical Education, Recreation and Dance

Eugene Hill, Olson Hagel Law Firm

Deborah Caplan, Olson Hagel Law Firm

Naresh Barsegade, AIM

Hansraj Kajla

Mohan Gill

Don Gernes

|ITEM 5 |Petition by High Tech High to establish a Statewide Benefit Charter School under the oversight |Action |

| |of the State Board of Education: Hold Public Hearing and Approve |Information |

| | |Public Hearing |

Mr. Bersin recused himself from the discussion and vote on this item.

Public Hearing: Opened 10:45 a.m.

Ms. Green opened the Public Hearing and asked for a staff report. Marta Reyes, Director, Charter Schools Division, provided background on the item. She reviewed the evaluation/review process completed by staff in her division and reported that the Advisory Commission on Charter Schools had recommended that the Board approve the High Tech High (HTH) petition. She reminded the Board that they had discussed the HTH petition to become a Statewide Benefit Charter School during previous Board meetings.

Ms. Reyes indicated that there were several conditions that had not yet been completed to the CDE’s satisfaction. Those areas are the identification of a fiscal agent for the charter school, identification of a SELPA, clarifying how teachers will satisfy the highly qualified teacher requirement of No Child Left Behind, and what the criteria would be for priority admission to the charter schools. Ms. Reyes stated that she believed approval of the HTH petition would allow the school to act as an accelerant to close the achievement gap between student subgroups.

Ms. Reyes introduced Larry Rosenstock, Chief Executive Officer of HTH, and Jed Wallace, Chief Financial Officer of HTH, who described the history of HTH and the petition before the Board.

Public Comments from Proponents:

Chris Nelson, Pisces Foundation

Caprice Young, CEO, California Charter School Association

Public Comments from Opponents:

George Martinez, California Federation of Teachers

Stephanie Farland, California School Boards Association

Curtis Washington, California Teachers Association and former member of the State Board of Education

Ken Burt, California Teachers Association

Don Iglesias, Superintendent, San Jose Unified School District

Bill Erlendson, Assistant Superintendent, San Jose Unified School District

Linda Gubman, Assistant Superintendent of Instructional Services, East Side Unified School District

Laura Walker Jeffries, Association of California School Administrators

Public Hearing: Closed at 11:30 a.m.

The Board had an in-depth discussion of the definition of statewide benefit and whether the High Tech High petition met the definition. The Board also considered whether it could approve a charter petition before all conditions had been met. Ms. Reyes reported that, since the September 2005, meeting, HTH had modified the petition in response to Board’s concerns and that the Board had previously approved petitions of charter schools before all conditions had been satisfied. Ms. Green commented that her understanding was that a charter school could not open before all conditions had been met, but that it could be authorized.

➢ ACTION: Mr. Nuñez moved to postpone consideration of the Petition by High Tech High to establish a Statewide Benefit Charter School under the oversight of the State Board of Education. Mr. Noonan seconded the motion. The motion did not pass by a vote of 3-6. Members Bloom, Noonan, and Nuñez voted in support of the motion. Members Williams, Gardner, Chan, Green, Johnson, and Reiss voted in opposition to the motion. Mr. Bersin recused himself from the discussion and vote.

➢ ACTION: Ms. Bloom moved:

o First, that the Board make a finding regarding statewide benefit as described in the staff recommendation in the Last Minute Memorandum, and

o Second, that the Board approve with conditions the HTH petition, as described in the staff recommendation in the Last Minute Memorandum, with the additional conditions that no more than two sites be opened each year, that the SBE establish a liaison to the charter program for oversight of SBE-authorized charter schools, and that the CDE report to the SBE how the state-wide benefit charter schools are meeting their conditions.

The motion was seconded by Mr. Williams. The motion was approved by a vote of 8-1. Ms. Green, Ms. Johnson, Ms. Chan, Ms. Bloom, Ms. Reiss, Mr. Noonan, Mr. Williams, and Mr. Gardner voted in favor of the motion. Mr. Nuñez opposed the motion. Mr. Bersin recused himself from the discussion and vote.

|Item 7 | |Information |

| |2006 United States Senate Youth Program Presentation | |

President Johnson and Superintendent O’Connell presented certificates to acknowledge the accomplishments of two Senate Youth Delegates and of the two alternate delegates. The delegates are:

Nora Claire Barr, Redwood High School, Tamalpais Union High School District, Marin County

Vanessa Lugo, Carpinteria High School, Carpinteria Unified School District, Santa Barbara County

First Alternate: Vishaal Naishadh Buch, Cabrillo High School, Lompoc Unified School District, Santa Barbara County. 

Second Alternate: Andrew Hwa Mok, Monta Vista High School, Fremont Union High School District, Santa Clara County. 

Ms. Green recessed the Board so that it could convene in Closed Session

Ms. Green reconvened the meeting at 1:45 p.m.

Closed Session Report

Mr. Seave reported that the Board acted on the recommendation of the Screening Committee to offer the position of Executive Director to Roger Magyar. Mr. Magyar had accepted the offer would begin February 1, 2006. Mr. Seave also reported that the Board had taken action on a possible settlement for the Chapman case.

Proposed Consent Items (Items 9, 20, 21, 22, 23, 24, 25, 30, 31, 35, and 41)

Ms. Green asked whether the Board members wanted any items removed from the consent item.

Mr. Williams, Mr. Bersin, and Mr. Noonan recused themselves.

|Item 9 |2007 Mathematics Primary Adoption: Approval of Timeline |ACTION |

| | |INFORMATION |

|Item 20 |No Child Left Behind Act of 2001: Approve Local Educational Agency Plans, Title 1, Section |Action |

| |1112 |information |

|Item 21 |Consolidated Applications 2005-06: Approval |Action information |

|Item 22 |The Principal Training Program, Assembly Bill 75 (Chapter 697, Statutes of 2001): Approval of |Action information |

| |Training Providers | |

|Item 23 |The Principal Training Program, Assembly Bill 75 (Chapter 697, Statutes of 2001): Approval of |Action information |

| |Applications for Funding from Local Educational Agencies and Consortia | |

|Item 24 |Mathematics and Reading Professional Development Program, Assembly Bill 466 (Chapter 737, |Action information |

| |Statutes of 2001): Approval of Training Providers and Training Curricula | |

|Item 25 |Mathematics and Reading Professional Development Program, Assembly Bill 466 (Chapter 737, |Action information |

| |Statutes of 2001): Approve Reimbursement Requests from Local Educational Agencies | |

|Item 30 |Immediate Intervention/Underperforming Schools Program (II/USP) and High Priority Schools |Action |

| |Grant Program (HPSGP): Proposed Interventions for One Cohort 2 II/USP School and Four Cohort 1| |

| |HPSGP Schools Without Valid Academic Performance Index Data that Failed to Meet the |information |

| |Alternative Criteria for Significant Growth | |

|Item 31 |Immediate Intervention/Underperforming Schools Program and High Priority Schools Grant | |

| |Program: School Assistance and Intervention Team (SAIT): Approval of Expenditure Plan to |action |

| |Support SAIT Activities and Corrective Actions in State-Monitored Schools | |

| | |Information |

|Item 35 |Standardized Testing and Reporting Program: Approval of 2006 District Apportionment Amounts |Action |

| | |information |

|Item 41 |Assignment of Numbers for Charter School Petitions |Action |

| | |information |

Mr. Williams, Mr. Bersin, and Mr. Noonan recused themselves from the vote on the consent items.

➢ ACTION: Ms. Reiss moved that the Board:

➢ Item 9: approve the staff recommendation for approving the 2007 Mathematics Primary Adoption Timeline.

➢ Item 20: approve staff recommendations to approve the local education agency (LEA) Plans for LEAs listed on Attachment 1.

➢ Item 21: approve staff recommendations to approve the 2005-06 Consolidated Applications (ConApps) submitted by local educational agencies (LEAs) in Attachment 1.

➢ Item 22: approve staff recommendation to approve the list of Recommended Training Providers for Principal Training Program (PTP).

➢ Item 23: approve staff recommendation to approve the attached lists of five local educational agencies (LEAs) that have submitted applications for funding under the Principal Training Program (PTP), Assembly Bill (AB) 75.

➢ Item 24: approve staff recommendation to approve the providers and training curricula listed on Attachment 1 for the professional development under the provisions of the Mathematics and Reading Professional Development Program, Assembly Bill (AB) 466.

➢ Item 25: Approve staff recommendation to approve reimbursement requests on Attachments 1 and 2 of local educational agencies (LEAs) that have complied with required assurances for the Mathematics and Reading Professional Development Program, Assembly Bill (AB) 466.

➢ Item 30:

o Determine that one Immediate Intervention/Underperforming Schools Program (II/USP) school listed on Attachment 2 and four High Priority Schools Grant Program (HPSGP) schools listed on Attachment 3 are state-monitored,

o Assign a School Assistance and Intervention Team (SAIT) to each of these state-monitored schools and allow the local governing board to retain its legal rights, duties, and responsibilities with respect to each school, and

o With regard to the HPSGP schools, provide that other interventions may be imposed after two data points have demonstrated that the schools are not making progress in exiting the HPSGP program.

➢ Item 31: approve the expenditure plans as described in Attachments 1 and 2.

➢ Item 35: approve the following district apportionment amounts for Standardized Testing and Reporting (STAR) testing during the 2005-06 school year:

o $0.32 for completing demographic information for each student not tested with the California Standards Tests (CSTs) and the California Achievement Tests, Sixth Edition Survey (CAT/6 Survey) or the California Alternate Performance Assessment (CAPA).

o $2.52 per student for completing demographic information and administering the CST-CAT/6 Survey.

o $5.00 per student for completing demographic information and administering the CAPA.

o $2.44 per student for administering the designated primary language test, Aprenda, La prueba de logros en español, Tercera edición (Aprenda 3).

➢ Item 41: Assign charter numbers to the charter schools identified on the attached list.

Mr. Nuñez seconded the motion. The motion passed with a vote of 7-0. Mr. Williams, Mr. Bersin, and Mr. Noonan recused themselves.

|Item 8 | |Information |

| |California Teachers of the Year 2006 Presentation | |

President Johnson and Superintendent O’Connell acknowledged the accomplishments of individuals who had been named Teacher of the Year and applauded their effectiveness in providing high quality instruction to students in California.

Awardees were:

• Diana Barnhart , Los Osos Middle School, San Luis Coastal Unified School District

• Denis J. Cruz, Katherine Edwards Middle School, Whittier City School District

• Kenneth Dyar, Cecil Avenue Middle School, Delano Union School District

• Kelly Jean Hanock, James Monroe High School, Los Angeles Unified School District

• Shelbi J. Wilson, Abraham Lincoln High School, Riverside Unified School District

|Item 10 | |Action |

| |2006 Science Primary Adoption of Instructional Materials: Appointment of Instructional | |

| |Materials Advisory Panel Members and Content Review Panel Experts |Information |

Tom Adams, Director of the Curriculum Frameworks and Instructional Materials Division, gave the staff report.

Individuals who addressed the Board:

Bob Lucas, Delta Education

• ACTION: Ms. Johnson moved to approve staff recommendations as shown in the Last Minute Memorandum and without candidate number 118 who has withdrawn or candidate number 47 who did not pass legal review. Ms. Chan seconded the motion. The motion was approved by a vote of 9-0. Ms. Reiss was not in the room at the time of the vote.

|Item 11 | |Action |

| |2006 Visual and Performing Arts Primary Adoption of Instructional Materials: Appointment of | |

| |Instructional Materials Advisory Panel Members and Content Review Panel Experts |Information |

Tom Adams, Director of the Curriculum Frameworks and Instructional Materials Division, gave the staff report.

➢ ACTION: Ms. Johnson moved to approve the staff recommendations as shown in the Last Minute Memorandum. Mr. Williams seconded the motion. The motion was approved by a vote of 9-0. Ms. Reiss was not in the room at the time of the vote.

|Item 17 | |Action |

| |Reading First: Proposed Rulemaking for Reading First Achievement Index/Definition of |Information |

| |Significant Progress | |

Don Kairott, Director of the Professional Development and Curriculum Support Division, gave the staff report.

Speakers:

Martha Zaragoza-Diaz, Californians Together and California Association of Bilingual Education

• ACTION: Ms. Johnson moved staff recommendation to approve the commencement of the rulemaking process for the proposed Reading First Achievement Index (RFAI) regulations, including the Initial Statement of Reasons and the Notice of Proposed Rulemaking, and to direct staff to conduct a public hearing on the proposed regulations. Ms. Chan seconded the motion. The motion was approved by a vote of 8-0. Ms. Reiss and Ms. Bloom were not in the room at the time of the vote.

|Item 18 | |Action |

| |No Child Left Behind Act of 2001: Revision of California Code of Regulations, Title 5, Section| |

| |6113 to Meet Highly Qualified Requirements for Local Educational Agencies Pertaining to Rural |Information |

| |Flexibility | |

Mr. Kairott provided background on the rural flexibility for eligible local educational agencies.

Mr. Nuñez emphasized the difficulty that teachers in remote districts have in accessing high quality professional development that can help them satisfy the highly qualified teacher requirements. He indicated that a year extension would help, but that the challenges are still substantial.

• ACTION: Ms. Chan moved staff recommendations to approve the commencement of the rulemaking process for the proposed revisions to the No Child Left Behind Teacher Requirements Regulations (CCR Title 5, Section 6113) to include rural flexibility options, including the Initial Statement of Reasons and the Notice of Proposed Rulemaking, and to direct staff to conduct a public hearing on the proposed regulations. Mr. Noonan seconded the motion. The motion was approved with a vote of 8-0. Ms. Reiss and Ms. Bloom were not in the room at the time of the vote.

|Item 19 | |Action |

| |Highly Qualified Teachers and Improving Teacher Quality State Grants, Elementary and Secondary| |

| |Education Act, Title II, |Information |

| |Part A: Response to the U.S. Department of Education Monitoring Report, Supplemental | |

| |Submission | |

Mr. Kairott provided background information for this item. He reported that California submitted an initial response to the findings from the Peer Review process and that the supplemental submission addressed issues not included in the initial response.

Speakers:

Larry Aceves, Association of California School Administrators

Eric Heins, California Teachers Association

Tara Kini, Public Advocates

Mr. Kairott indicated that his office intended to work closely with districts and the different advocacy groups to smooth implementation of new reporting elements identified in the response. Mr. Bersin asked what was driving the timeline to approve the responses. Mr. Kairott clarified that the United States Department of Education (ED) would decide in March 2006 whether states were making adequate progress towards meeting the goal that all classes would be taught by highly qualified teachers in June 2006. Providing this response by March would put the state “in line” for flexibility. This set of responses contained critical information for the ED to have in making its determination about California’s responsiveness to the HQT deadline. Mr. Nuñez congratulated Mr. Kairott on the large amount of stakeholder input that had already been collected regarding the responses.

• ACTION: Ms. Johnson moved staff recommendations to approve the supplemental response to the Monitoring Report for Highly Qualified Teachers and Improving Teacher Quality State Grants: No Child Left Behind Act (NCLB) Title II, Part A as shown in Attachments 1 and 2. Mr. Williams seconded the motion. The motion was approved by a vote of 7-0. Ms. Bloom, Mr. Gardner, and Ms. Reiss were not in the room at the time of the vote.

|Item 26 | |Action |

| |Administrator Training Program, Assembly Bill 430: Module 1, 2, and 3 Guidelines and Criteria | |

| |(Also referred to as Assembly Bill 75 until July 1, 2006) |Information |

Mr. Kairott gave the staff report.

Speakers:

Larry Aceves, Association of California School Administrators

➢ MOTION: Ms. Chan moved to approve staff recommendations that SBE approve the incorporation of requirements of the Administrator Training Program, Assembly Bill (AB) 430 into the existing Curriculum Guidelines and Criteria for writing the Training Modules 1, 2, and 3, as reflected in Attachments 1, 2, and 3. Mr. Williams seconded the motion. The motion was approved by a vote of 7-0. Ms. Reiss, Mr. Gardner, and Ms. Bloom were not in the room at the time of the vote.

|Item 28 | |Action |

| |2005 Academic Performance Index Base Methodology |Information |

Bill Padia, Deputy, Assessment and Accountability Branch, provided background on the item. He indicated that setting the API base, which happens every year, requires attention to both policy and technical issues. In response to questions from the Board, Ms. Johnson expressed a concern that the 80% growth requirement for student sub-groups was not being addressed. Mr. Padia clarified that the Public Schools Accountability Act (PSAA) steering committee was working on how to generate sub-group growth targets of 100%. He also indicated the group’s support of efforts to harmonize the state and federal accountability plans.

Individuals who addressed the Board:

Larry Aceves, Association of California School Administrators

Jim Lanich, California Business for Education Excellence

➢ ACTION: Ms. Johnson moved the staff recommendation to approve the methodology for calculating the 2005 Academic Performance Index (API) Base in the following two areas:

o Addition of two new subgroups, English learners and students with disabilities, in determining comparable improvement on the API.

o Addition of six new variables in the determination of similar schools ranks.

Mr. Noonan seconded the motion. The motion was approved by a vote of 7-0. Ms. Bloom, Ms. Reiss, and Mr. Gardner were not in the room at the time of the vote.

WAIVER REQUESTS 

CONSENT MATTERS

Consent Waivers: Items WC-1 through WC-18

CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT

|ITEM WC-1 |Request by John Swett Unified School District for a waiver of Section 131(d)(1) of the Carl D. |ACTION |

| |Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-29-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-2 |Request by Southern Humboldt Unified School District for a waiver of Section 131(d)(1) of the Carl|ACTION |

| |D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-30-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-3 |Request by Kelseyville Unified School District for a waiver of Section 131(d)(1) of the Carl D. |ACTION |

| |Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-31-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-4 |Request by Eastern Sierra Unified School District for a waiver of Section 131(d)(1) of the Carl D.|ACTION |

| |Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-32-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-5 |Request by Fall River Unified School District for a waiver of Section 131(d)(1) of the Carl D. |ACTION |

| |Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-33-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-6 |Request by Durham Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins|ACTION |

| |Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-34-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-7 |Request by Shandon Unified School District for a waiver of Section 131(d)(1) of the Carl D. |ACTION |

| |Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-36-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-8 |Request by San Luis Obispo County Office of Education for a waiver of Section 131(d)(1) of the |ACTION |

| |Carl D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-37-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-9 |Request by El Tejon Unified School District for a waiver of Section 131(d)(1) of the Carl D. |ACTION |

| |Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-38-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-10 |Request by Waterford Unified School District for a waiver of Section 131(d)(1) of the Carl D. |ACTION |

| |Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-39-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-11 |Request by Acton-Aqua Dulce Unified School District for a waiver of Section 131(d)(1) of the Carl |ACTION |

| |D. Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-40-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-12 |Request by Silver Valley Unified School District for a waiver of Section 131(d)(1) of the Carl D. |ACTION |

| |Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-41-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-13 |Request by Golden Valley Unified School District for a waiver of Section 131(d)(1) of the Carl D. |ACTION |

| |Perkins Vocational and Technical Education Act of 1998 (Public Law 105-332). | |

| |Waiver Number: Fed-42-2005 | |

| |(Recommended for APPROVAL) | |

SAFE AND DRUG FREE SCHOOLS

|TEM WC-14 |Request by Lassen County Consortium (Lassen County Office of Education) and nine districts to |ACTION |

| |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, a Comprehensive | |

| |Health, Substance Abuse, Violence Prevention Program. | |

| |Waiver Number: Various | |

| |(Recommended for with CONDITONS) | |

SCHOOL SITE COUNCIL

|ITEM WC-15 |Request by Waugh School District under the authority of Education Code (EC) Section 53863 for a |ACTION |

| |waiver of EC Section 52852, allowing one joint school site council to function for two schools | |

| |(Meadow School and Corona Creek School). | |

| |Waiver Number: 1-10-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-16 |Request by Clovis Unified School District under the authority of Education Code (EC) Section 53863|ACTION |

| |to waive EC Section 52852, allowing two school site councils to function for four schools, one | |

| |school site council for Gateway and Enterprise High Schools and one school site council for Clovis| |

| |Community Day School (CDS) grades 4-8 and Excel CDS grades 9-12. | |

| |Waiver Number: 7-10-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-17 |Request by Shandon Joint Unified School District under the authority of Education Code (EC) |ACTION |

| |Section 53863 for a waiver of EC Section 52852, allowing one joint school site council to function| |

| |for two small rural schools (Shandon Elementary School and Shandon High/Middle School). | |

| |Waiver Number: 8-10-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM WC-18 |Request by Surprise Valley Joint Unified School District under the authority of Education Code |ACTION |

| |(EC) Section 53863 for a waiver of EC Section 52852, allowing one school site council to function | |

| |for four schools (Surprise Valley Elementary, Surprise Valley High, Surprise Valley Community Day | |

| |and Grand Basin Continuation High). | |

| |Waiver Number: 11-10-2005 | |

| |(Recommended for APPROVAL) | |

• MOTION: Mr. Noonan moved to approve staff recommendations with respect to Items WC-1 through WC-18. Ms. Johnson seconded the motion. The motion was approved by a vote of 7-0. Ms. Reiss, Ms. Bloom, and Mr. Gardner were not in the room at the time of the vote.

NON-CONSENT WAIVERS

Judy Pinegar, Manager, Waivers Office, reported that Items W-8 and W-9 had been withdrawn by the district. She also proposed that Items W-1, W-3 through W-7, Items W-10 through W-12, and Items W-14 through W-17 be treated as consent items.

PROPOSED CONSENT CALENDAR FOR WAIVERS (Items W-1, W-3 through W-7, Items W-10 through W-12, and Items W-14 through W-17)

BOND INDEBTEDNESS LIMIT

|ITEM W-1 |Request by Alisal Union School District to waive Education Code (EC) Section 15102, to allow the |ACTION |

| |district to exceed its bonding limit of 1.25 percent of the taxable assessed value of property. | |

| |(Requesting 1.40 percent). | |

| |Waiver Number: 1-11-2005 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

COMMUNITY DAY

|ITEM W-3 |Request by the San Bernardino County Superintendent of Schools for a waiver of portions of |ACTION |

| |Education Code (EC) Section 48663(a) and (c) relating to the minimum instructional day for a | |

| |community day school. | |

| |Waiver Number: 9-7-2005 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

|ITEM W-4 |Request by Sacramento City Unified School District for a waiver of Education Code (EC) Section |ACTION |

| |48661(a) to permit the collocation of MET Charter High School on the same site as Success | |

| |Community Day School (CDS). | |

| |Waiver Number: 10-11-2005 | |

| |(Recommended for APPROVAL) | |

|ITEM W-5 |Request by Kern County Superintendent of Schools for a waiver of Education Code (EC) Section |ACTION |

| |48916.1(d) relating to county community school serving kindergarten through sixth grade students | |

| |with seven through eighth grade students in a combined program kindergarten through eighth grade, | |

| |(commingling). | |

| |Waiver Number: 3-11-2005 | |

| |(Recommended for APPROVAL) EC 33051(c) will not apply | |

EXTENDED SCHOOL YEAR

|ITEM W-6 |Request by Anaheim City School District for a renewal to waive CCR, Title 5, Section 3043(d) |ACTION |

| |requiring 20 school days (4 hours each) of attendance for extended school year for Special | |

| |Education students. | |

| |Waiver Number: 3-10-2005 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

GRADE 9 CLASS SIZE REDUCTION

|ITEM W-7 |Request by Tamalpais Union High School District to waive portions of Education Code (EC) sections |ACTION |

| |52084 (a)(c) and 52086 (a) Grade Nine Class Size Reduction (Morgan-Hart), the requirement for a | |

| |20:1 student to teacher ratio so that the district may provide a 25:1 ratio across four core | |

| |courses--English, math, science and social studies. | |

| |Waiver Number: 2-11-2005 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

IMMEDIATE INTERVENTION/UNDERPERFORMING SCHOOLS PROGRAM (II/USP)

|ITEM W-10 |Request by Hacienda La Puente Unified School District for Workman High School of the Immediate |ACTION |

| |Intervention/Underperforming Schools Program (II/USP) to waive the timelines in Education Code | |

| |(EC) Section 52055.51(a)(e) and (f) for the School Assistance and Intervention Team (SAIT) | |

| |contract, reports, and adoption of recommendations. | |

| |Waiver Number: 9-11-2005 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

INSTRUCTIONAL MATERIALS FUNDING REALIGNMENT PROGRAM (IMFRP)

|ITEM W-11 |Petition request under Education Code (EC) Section 60421(d) and 60200(g) by Mountain Valley |ACTION |

| |Unified School District to purchase non-adopted Instructional Resources (Houghton Mifflin | |

| |Mathematics, grade six) using Instructional Materials Funding Realignment Program (IMFRP) monies. | |

| |Waiver Number: 4-10-2005 | |

| |(Recommended for APPROVAL) | |

LAPSATION

|ITEM W-12 |Request by the Panoche Elementary School District to waive Education Code (EC) Section 35780(a), |ACTION |

| |which requires lapsation of a district with an average daily attendance of less than six students.| |

| |Waiver Number: 4-11-2005 | |

| |(Recommended for APPROVAL) EC 33051(c) will not apply | |

PRINCIPAL TRAINING PROGRAM

|ITEM W-14 |Request by Desert Sands Unified School District to waive portions of Education Code (EC) sections |ACTION |

| |44512(c) and 44515(a)(b) regarding the timelines for school administrators involved in the | |

| |Principal Training Program, established by Assembly Bill 75 (Statues of 2001). | |

| |Waiver Number: 1-8-2005 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

RESOURCE SPECIALIST

|ITEM W-15 |Request by Fallbrook Union Elementary School District to waive Education Code (EC) Section |ACTION |

| |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). Laurie Mack and Paula Mackey assigned at | |

| |Potter Junior High. | |

| |Waiver Number: 5-11-2005 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

SCHOOL DISTRICT REORGANIZATION

|ITEM W-16 |Request by Rockford Elementary School District to waive a portion of Education Code (EC) Section |ACTION |

| |5018, so that the district may maintain a three member Board when district total enrollment is | |

| |over 300. | |

| |Waiver Number: 9-10-2005 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

TERRITORY TRANSFER

|ITEM W-17 |Request by the Los Angeles County Office of Education to waive a portion of Education Code (EC) |ACTION |

| |Section 35706, which requires a county committee on school district organization to approve or | |

| |disapprove a petition for the transfer of territory between school districts within 120 days of | |

| |holding public hearings on the petition. | |

| |Waiver Number: 7-11-2005 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

• ACTION: Mr. Nuñez moved to approve staff recommendations with respect to Items W-1, W-3 through W-7, W-10 through W-12, W-14 through W-17. Mr. Noonan seconded the motion. The motion was passed by a vote of 7-0. Ms. Reiss, Ms. Bloom, and Mr. Gardner were not in the room at the time of the vote.

CAHSEE TESTING DATE CHANGE

|ITEM W-2 |Request by Hesperia Unified School District to waive Education Code (EC) Section 60851(d), the |ACTION |

| |requirement that only certain dates designated by the Superintendent of Public Instruction may be | |

| |used by districts for testing students on the California High School Exit Exam (CAHSEE). | |

| |Waiver Number: 6-11-2005 | |

| |(Recommended for DENIAL) | |

• ACTION: Ms. Chan moved staff recommendations to deny the waiver request. Mr. Williams seconded the motion. The waiver was denied by a vote of 7-0. Ms. Reiss, Ms. Bloom, and Mr. Gardner were not in the room at the time of the vote.

Items W-8 and W-9 will be heard at a future meeting.

PHYSICAL EDUCATION

|ITEM W-13 |Request by Yuba City Unified School District to waive portions of Education Code (EC) Section |ACTION |

| |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 block schedule at River Valley High | |

| |School. | |

| |Waiver Number: 23-6-2005 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

Ms. Pinegar provided background and an update on this item which had initially been heard during the November 2005, meeting.

Speakers:

Nancy Aaberg, Superintendent, Yuba City Unified School District

Don Beno, Principal, River Valley High School, Yuba City Unified School District

Keith Johannes, California Association for Health, Physical Education, Recreation and Dance

Ms. Green commented that it might be time for the Board to review the waiver policy for physical education minutes. President Johnson concurred, saying that philosophically it was hard to support the waiver, but also stated that, given the current Board policy and the good faith effort of the district, the Board needed to act on this waiver request. Mr. Payne clarified that waiver policies were developed to govern the placement of waivers on the Board agenda.

The Board briefly discussed the benefits and problems associated with block scheduling and agreed they needed to learn about how to support effective block scheduling. The Board agreed to review the PE waiver policy at a future time.

Mr. Williams indicated he could support the waiver for one year, particularly with the growing concerns about early onset diabetes. He commented that the one year waiver might yield information on the impact of this scheduling format on student health. Ms. Chan stated that she would support a two year approval since the school was already half-way through the first year.

o MOTION: Mr. Noonan moved to approve the waiver for one year, with conditions as modified by CDE staff, on the condition that the district report on an evaluation of the program before renewal is granted. Mr. Williams seconded the motion. The motion was approved by a vote of 6-1. Ms. Green, Ms. Johnson, Mr. Noonan, Mr. Nuñez, Mr. Williams, and Mr. Bersin voted in favor of the motion. Ms. Chan voted in opposition to the motion. Ms. Reiss, Ms. Bloom, and Mr. Gardner were not in the room at the time of the vote.

The meeting was adjourned at 3:10 p.m.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download