Final Minutes July 9-10, 2008 - SBE Meeting (CA State Board of Education)

Final Minutes California State Board of Education July 9-10, 2008

Wednesday and Thursday July 9-10, 2008

Members Present Jim Aschwanden Ruth Bloom Yvonne Chan Gregory Jones Monica Liu David Lopez Ted Mitchell Ken Noonan David Lopez (Wednesday)

Members Absent Alan Bersin Don Fisher David Lopez (Thursday)

Secretary and Executive Officer Jack O’Connell, State Superintendent of Public Instruction

Principal Staff Marsha Bedwell, General Counsel, California Department of Education Jaime Hastings, Staff Services Analyst, California Department of Education Jennifer Johnson, Education Policy Consultant, State Board of Education Bob LaLiberte, Special Consultant, State Board of Education Debora Merle, Executive Director, State Board of Education Gavin Payne, Chief Deputy Superintendent, California Department of Education Mary Rice, Education Programs Consultant, State Board of Education Debbie Rury, Deputy Executive Director, State Board of Education Regina Wilson, Program Communications Analyst, State Board of Education Michelle Zumot, Education Policy Assistant, California Department of Education

President Mitchell called the meeting to order at 9:10 A.M.

Member Liu led the Pledge of Allegiance

Report on Actions President Mitchell introduced Mary Rice as a new Education Programs Policy Consultant and Regina Brown Wilson as the new Associate Program Communications Analyst. July 9-10, 2008 Final Minutes California State Board of Education July 9-10, 2008

REPORT OF THE SUPERINTENDENT Superintendent O’Connell informed board members that next Tuesday the state will be releasing the most comprehensive drop-out data for students. According to Superintendent O’Connell this is the first time the state has been able to utilize student identifiers. This means the state will have a better idea of drop-out rates, graduation rates, and the reasons why students don’t graduate with their peers. According to O’Connell, this system should eventually drive good policy at the state and local level. Secondly, the STAR test results will be made available in August. Lastly, the annual progress reports of the AYP and API will be released no later than the first week in September.

AGENDA ITEMS

Item 1 Subject: STATE BOARD PROJECTS AND PRIORITIES. Including, but not limited to, future meeting plans; agenda items, and officer elections; 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 Board President Mitchell announced that this was Member Liu’s last meeting as she will be attending Harvard University in the fall. President Mitchell thanked Member Liu for her service and commitment to her role this past year.

Member Liu presented two resolutions addressing youth policy. Public comment was received from a variety of students supporting the above-mentioned resolutions. Member Chan commended Member Liu for the amount of time and preparation she put into bringing forth these resolutions.

ACTION: Member Chan moved to approve the two resolutions presented by Member Liu. Member Noonan seconded the motion. The motion was approved by a vote of 9- 0. Members Bersin and Fisher were not available for the vote.

Item 2 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 Public comment was received from a number of individuals sharing specific concerns. Juan Godinez from the Los Angeles Unified School District Parent Collaborative shared his concerns regarding parent involvement and the issue of waivers as it relates to school site councils. Bill Ring, also from the Los Angeles Unified School District Parent Collaborative, shared his concerns regarding the

July 9-10, 2008 2 Final Minutes California State Board of Education July 9-10, 2008 management of school site councils. Mary Elizabeth Calpada from Grant Union High School shared information regarding a grant available to enhance longitudinal data. The due date is September 25, 2008. Public comment was also received from Deborah Keys, Voices for African American Students Executive Committee Member. While supportive of the need for this committee Ms. Keyes voiced her concerns for African American students stressing the statistics of API scores in particular and standardized tests in general. She asked the SBE to create an advisory board that addressed the needs of African American students.

No action was taken on this item.

Item 3 Subject: English Learner Advisory Committee (ELAC): Approve the Proposed Guidelines and Appointment Process for the ELAC Type of Action: Action, Information Héctor Rico from the Language Learner & Support Division presented on this item. Member Bloom shared her concerns regarding the presented guidelines asking instead if the scope of the committee’s work could be narrowly tailored during its first year. Given the tight timeframe in which to interview candidates in addition to the high caliber of candidates that applied to serve on this committee Member Lopez requested that the number of individuals appointed to serve on the ELAC be increased from nine to 11 members. Member Noonan reiterated the need for parent involvement on this committee. Because the final list of membership is not complete the board agreed that staff should refrain from scheduling a meeting until the full membership is approved. Public comment was received from Martha Zaragoza Diaz of Californians Together and California Association for Bilingual Education, and Juan Godinez from the LAUSD Parent Collaborative.

ACTION: Member Bloom moved to approve the proposed guidelines and appointment process for the ELAC and increase the total membership to 11, upon adding language to the first paragraph of the guidelines that stipulated that during the first year of operation of the ELAC, 2008-2009, the focus of the Committee will be the following: curriculum and textbook adoptions; professional development; assessment issues; and parent involvement. Member Lopez seconded the motion. The motion was approved by a vote of 9-0. Members Bersin and Fisher were not available for the vote.

Item 4 Subject: English Learner Advisory Committee (ELAC): Approve the ELAC Candidates Proposed by the State Board of Education’s (SBE’s) Screening Committee Héctor Rico from the Language Learner & Support Division presented on this item. The SBE shared their support for those individuals selected to serve on this committee. Public comment was received from Juan Godinez who complimented the SBE and CDE for their work on this issue.

July 9-10, 2008 3 Final Minutes California State Board of Education July 9-10, 2008

Type of Action: Action, Information ACTION: Member Bloom moved to approve the seven ELAC candidates proposed by the Board’s Screening Committee. Member Williams seconded the motion. The motion was approved by a vote of 9-0. Members Bersin and Fisher were not available for the vote.

Item 5 Subject: Instructional Materials: Approve Commencement of the Rulemaking Process for Addition of Section 9517.1: Follow-up Adoptions Type of Action: Action, Information Tom Adams from the Curriculum Frameworks & Instructional Resources Division presented on this item. Mr. Adams explained that the proposed Title 5 follow-up adoption regulations provide for the assessment of a fee, to be paid by publishers, who choose to participate in the follow-up adoption process. If the SBE approves the regulations, CFIR staff will conduct a public hearing on the proposed regulations on September 8, 2008, and any public comment received at the public hearing or during the 45-day public comment period will be provided at the November 2008 SBE meeting.

ACTION: Member Bloom moved to approve the proposed regulations, the Initial Statement of Reasons; the Notice of Proposed Rulemaking; and to direct staff to conduct a public hearing and commence the rulemaking process. Member Lopez seconded the motion. The motion was approved by a vote of 9-0. Members Bersin and Fisher were not available for the vote.

Item 6 Subject: Update of Science Framework: Approval of Plan, Timeline, and Curriculum Framework and Evaluation Criteria Committee Application Type of Action: Action, Information Tom Adams from the Curriculum Frameworks & Instructional Resources Division presented on this item. Mr. Adams began the discussion by providing the SBE with an overview of the plan and timeline for updating the Science Framework. In terms of the recommended areas for updating the criteria, the CDE seeks to expand the current appendix and revise chapters on technology, universal access, assessment and professional development as well as clarify the framework in terms of hands-on activities. The CDE will also be working on new statutory requirements related to science education, such as environmental education, and integrating them into the framework. Member Bloom asked Mr. Adams to put out a public notice regarding the fact that the CDE is adding the environmental component to the science frameworks.

ACTION: Member Williams moved to approve staff recommendation regarding the Curriculum Development and Supplemental Materials Commission (Curriculum Commission) for the update of the Science Framework, including the update plan, timeline, and Curriculum Framework and Evaluation Criteria Committee (CFCC)

July 9-10, 2008 4 Final Minutes California State Board of Education July 9-10, 2008 application. Member Lopez seconded the motion. The motion was approved by a vote of 9-0. Members Bersin and Fisher were not available for the vote.

Item 7 Subject: Social Content Review of Non-Adopted Instructional Materials (Senate Bill 734): Adopt Proposed Title 5 Regulations Type of Action: Action, Information

Tom Adams from the Curriculum Frameworks & Resources Division presented on this item. These regulations were sent out by the Board on March 12, 2008 for a 45- day comment period, which ended with a public hearing on May 21, 2008. Member Chan questioned the SBE’s role given that it was not originally required. Mr. Adams noted that while this is non-adopted text the state Legislature now requires this information from the SBE.

ACTION: Member Noonan moved to approve the Final Statement of Reasons, adopt the proposed regulations, and direct the CDE to submit the rulemaking file to the Office of Administrative Law (OAL) for approval. Member Lopez seconded the motion. The motion was approved by a vote of 8-0. Member Bloom abstained from the vote. Members Bersin and Fisher were not available for the vote.

Item 8 Subject: No Child Left Behind Act of 2001: Status Report on Revised Local Educational Agency Plans for 53 Local Educational Agencies in Program Improvement Corrective Action Type of Action: Action, Information

Fred Balcom from the Accountability & Improvement Division presented on this item. Mr. Balcom noted that all 53 school districts LEAs required to submit a report to the CDE completed this task. The CDE has since created a rubric to evaluate these plans, which will take place July 21-23. Member Chan inquired as to the proper use of such a rubric. Mr. Balcom noted that the SBE guided the direction of this rubric.

Mr. Balcom noted that for those districts that are required to contract with the district assistance teams the cost is approximately $225,000. This does not include the next phase, which is the hands-on implementation phase. Member Mitchell inquired as to whether we have standards of how these plans move forward at the local level. Mr. Balcom noted that while we do not currently have standards, CDE staff will work with LEAs to post information at the local level as well as the CDE Web site. Member Noonan inquired as to local feedback regarding the mandatory compliance. Mr. Balcom shared that CDE staff has notified the field that compliance is required. Public comment was received from Bill Ring, Martha Zaragoza Diaz, Sherry Skelly Griffith and Juan Godinez and Zella Knight of the LAUSD District Advisory Council.

Item 9 Subject: School Accountability Report Card (SARC): Proposed Template and Data Definitions for the 2008-09 School Year Type of Action: Action, Information

Rachel Perry from the Policy & Evaluation Division presented on this item. Ms. Perry briefed the board regarding the various components of the SARC. Ms. Perry noted that the CDE prepares three documents to help LEAs. The CDE adds 80% of the data with the schools being responsible for the remaining 20%. The CDE then gives the schools the definitions to guide them in understanding what is required noting however that they have the flexibility to create their own SARC template. The proposed changes to the SARC come from AB 1061 (Mullin), a report on AB 1061 and a visit from the U.S. Department of Education. The SARC added information regarding CSU and UC requirements as well as visual and performing arts. Finally, CAHSEE results will be reported a variety of ways as well. The SARC deadline for the upcoming academic school year is in February 2009. Member Liu thanked Ms. Perry and CDE staff for their work on this project. Public comment was received from Sherry Skelly Griffith who applauded the SSPI and CDE staff for creating this data noting the one-third reduction in required information. Public comment was received from Ann Desmond and Bill Ring.

ACTION: Member Chan moved to approve the proposed School Accountability Report Card (SARC) template and data definitions for report cards to be published in the 2008-09 school year. Member Bloom seconded the motion. The vote was approved by a vote of 9-0. Members Bersin and Fisher were not available for the vote.

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***Consent Calendar***

Action: Member Chan moved to approve the Consent Calendar which included items 20 through 30. Member Jones seconded the motion. The motion was approved by an 8-0 vote. Members Bersin, Fisher and Lopez were not available for the vote.

Action: Member Chan moved to approve the Waiver Consent Calendar, which includes items WC-1 through WC-23 and Waiver items W-2, W-4 through W-25 and W-29 through W-31. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item 10 Subject: Standardized Testing and Reporting Program (STAR): “Revised General Mathematics Blueprint” Type of Action: Action, Information

CDE Deputy Superintendent of Assessment & Accountability Deborah Sigman presented on this item. According to Ms. Sigman, last March the SBE unanimously approved a contract amendment with ETS to move forward to develop a new test to substitute for the general math exam which was found to be out of compliance with NCLB because it tested sixth and seventh grade standards for eighth grade students. In the process of that work, the CDE sought advice from the assessment review panel about the blueprint for the new exam. The CDE then requested that SBE approve the revised mathematics blueprint. According to Ms. Sigman, the blueprint presented meets the federal U.S. Department of Education requirements for a blueprint that is aligned to the state’s Algebra I Standards and is instructionally sensitive to those students that have not yet taken an Algebra I course.

Public comment was received from Melonie Doug, consultant; Jim Burteind, Ishi Aliis Middle School; Margaret DeAmond, California Math Council; Priscilla Cox, CSA; Ann Desmon, PTA; Jim Lanich, CBEE; Cesar Diaz, State Building Trades Council; Jeff Freitas, CFT; Charles Munger; Shelley Kriegler, UCLA; Dr. Norma Baker VAAS & LAUSD; Ida Farid BSMARTE; Eilene Cross; Fred Noteware; Silicon Valley Leadership; Diane Rude, California Council on Science; Jim Hawley, Tech Net; Teresa Cummings, Johnson High School; Cyris Walker, CAL SMAENA; Linda Gaillior, Bay Area Council; Fred Jones, California Business Education Association; Mark Sontac, Irvine Unified; Dr. Victoria Schumacher, Norwalk-La Mirada USD; Rae Belisle, Ed Voice; Russlyn Ali, The Education Trust-West; Christine Berianup, CSTA; Priscilla Cox, Elk Grove Unified School District; Holly Jacobson, CSBA; Pat Rucker, PTA; Christine Rios, California Council on Science & Technology; Glee Johnson; Ed Marquez, Sacramento Unified School District; Jeanne Ramos, LAUSD; John Hooper, California Chamber of Commerce; Juan Godinez, and, Sherry Griffith ACSA.

ACTION: Member Jones moved to do the following. First, as the State Education Agency (SEA) the State Board of Education (SBE) directs SBE and California Department of Education (CDE) staff to work with the U.S. Department of Education (USDOE) to develop a compliance agreement whereby the Algebra 1 end of course exam becomes the sole test of record for federal accountability purposes under the No Child Left Behind Act for eighth grade mathematics. Further, SBE and CDE staff will work with the USDOE to establish an agreement that provides a reasonable transition period during which the State can build capacity across the system to achieve our goal of Algebra mastery for all eighth grade students. The Board intends that the required federal hearings on such an agreement take place in the late summer or early fall and that the agreement be ready for SBE review at its September 2008 board meeting.

Second, the SBE and CDE will concurrently pursue a waiver request with the USDOE to allow scores from students who score proficient or above on the Algebra 1 end of course exam during 7th grade to be “banked” and included for federal accountability purposes the following school year. Additionally, SBE and CDE staff will assemble a work group to develop priorities for longer term discussions with the

USDOE that will help continue the process of more fully accommodating California’s 8th through 12th grade end of course mathematics content standards and other State programs with NCLB.

Member Lopez seconded the motion. The motion was approved by a vote of 8-1. Members Bersin and Fisher were not available for the vote.

***ADJOURNMENT OF DAY’S SESSION***

Thursday, July 10, 2008 – 8:00 a.m.± Pacific Time (Upon adjournment of Closed Session if held) California Department of Education 1430 N Street, Room 1101 Sacramento, California

President Mitchell called the meeting to order at 8:32 A.M. He then called the meeting to Closed Session at 8:34 A.M ending it at 9:01 A.M.

Member Aschwanden led the Pledge of Allegiance

Approval of Minutes ACTION: Member Noonan moved to approve the minutes from the May 7-8, 2008, Board meeting. Member Jones seconded the motion. The motion was approved by a vote of 8-0. Members Bersin, Fisher and Lopez were not available for the vote.

AGENDA ITEMS

***PUBLIC HEARING***

Item 11 Subject: Petition by the Livermore Valley Charter School to Renew a Charter School Under the Oversight of the State Board of Education: Hold Public Hearing and Approve

Carol Barkley from the Charter Schools Division presented on this item. Deborah Probst, also from the Charter Schools Division, spoke to the specifics of this renewal petition. Ms. Probst explained that the charter school in question met the renewal criteria established by California Education Code because it ranked in decile nine the prior year. While the charter has had some fiscal difficulties it has responded quickly to CDE inquiries and has agreed to a signed agreement with the Fiscal Crisis & Management Assistance Team (FCMAT). Ms. Probst then recommended, on behalf of the CDE and the Advisory Commission on Charter Schools, that the SBE hold the

July 9-10, 2008 8 Final Minutes California State Board of Education July 9-10, 2008 public hearing on Livermore Valley Charter School, request to renew the petitioner’s charter, and following the close of the public hearing, the CDE recommends that the SBE renew the charter school for a five-year period beginning effective July 1, 2008, and ending June 20, 2013, subject to the conditions for continued operations for additions and changes to the charter renewal petition. Ms. Probst noted that the charter school agreed to the CDE changes and suggestions.

Type of Action: Action, Information, Public Hearing ACTION: Member Aschwanden moved to approve the Livermore Valley Charter School petition to renew the charter school for a five-year period beginning July 1, 2008 ending June 30, 2013, subject to the conditions for continued operations as set forth in Attachment 1, and incorporating the additions and changes to the charter petition proposed by the CDE and the Advisory Committee on Charter Schools. Member Williams seconded the motion. The motion was approved by a vote of 8-0. Members Bersin, Fisher and Lopez were not available for the vote.

***END OF PUBLIC HEARING***

Item 12 Subject: Today’s Fresh Start Charter School: Consider Reversal of Los Angeles County Board of Education Revocation of Today’s Fresh Start Charter School charter pursuant to Education Code Section 47607(g)(2) Type of Action: Action, Information

Carol Barkley from the Charter Schools Division presented on this item. Ms. Barkley noted that the ACCS couldn’t bring forth a recommendation to the board because they didn’t have a quorum for the vote. CDE staff spoke on the relevant statutory provisions noting how and when a charter school can be revoked.

ACTION: Member Aschwanden moved to take action to reverse the decision by the Los Angeles County Board of Education (LACBE) to revoke the charter of Today’s Fresh Start Charter School (TFSCS). Member Noonan seconded the motion. The motion to reverse failed to carry a majority vote (4-4). Member Bersin, Fisher and Lopez were not available for the vote.

Item 13 Subject: State Board of Education-Approved Charter Schools: Update Type of Action: 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.

Item WC-1 Subject: Request by Fresno Unified School District to waive California Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs. Waiver Number: 49−4−2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-2 Subject: Request by Fremont Unified School District for renewal waiver of California Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs. Waiver Number: 48−4−2008 (Recommended for APPROVAL) EC 33051(c) will apply Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-3 Subject: Request by El Monte Union High School District to waive California Education Code (EC) Section 52522(b) to increase from five percent to seven percent the proportion of their adult education state block entitlement that may be used to implement approved Adult Education Innovation and Alternative Instructional Delivery Programs. Waiver Number: 27−4−2008 Recommended for APPROVAL WITH CONDITIONS)

Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-4

Subject: Request by Humboldt County Office of Education for a waiver of Section 131(d)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270). Waiver Number: Fed-8-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-5 Subject: Request by Mattole Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Career and Technical Education Act of 2006 (Public Law 109- 270). Waiver Number: Fed-6-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-6 Subject: Request by Mountain Valley Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270). Waiver Number: Fed-11-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-7 Subject: Request by Scott Valley Unified School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270). Waiver Number: Fed-5-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-8

Subject: Request by Trinity Union High School District for a waiver of Section 131(d) (1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270). Waiver Number: Fed-4-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-9 Subject: Request by Upper Lake Union High School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270). Waiver Number: Fed-7-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-10 Subject: Request by Wheatland Union High School District for a waiver of Section 131(d)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270). Waiver Number: Fed-10-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-11 Subject: Request by Los Angeles Unified School District under the authority of California Education Code (EC) Section 56101 to waive EC Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Junior Blind of America, a Nonpublic School (NPS). Waiver Number: 26-4-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-12

Subject: Request by North Coastal SELPA under the authority of California Education Code (EC) Section 56101 to waive (EC) Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Dependable Nursing, a Nonpublic Agency (NPA). Waiver Number: 42-3-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-13 Subject: Request by Orange County SELPA under the authority of California Education Code (EC) Section 56101 to waive (EC) Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for The Rehabilitation Institue of Southern California, a Nonpublic Agency (NPA). Waiver Number: 14-4-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-14 Subject: Request by Pasadena Unified School District SELPA under the authority of California Education Code (EC) Section 56101 to waive EC Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Developmental Dynamo, Inc., a Nonpublic Agency (NPA). Waiver Number: 7-4-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-15 Subject: Request by Folsom-Cordova Unified School District to waive portions of California 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 block schedule at Vista del Lago High School. Waiver Number: 3-9-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-16 Subject: Request by San Juan Unified School District to waive portions of California 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 block schedule at Del Campo, Mesa Verde, Casa Roble and Encina Preparatory High Schools. Waiver Number: 41-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-17 Subject: Request by Cotati-Rohnert Park Unified School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one school site council to function for El Camino Continuation High School, Phoenix Continuation High School and the Community Day School. Waiver Number: 43-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-18 Subject: Request by Golden Feather Union Elementary School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one school site council to function for three small schools, Spring Valley School, Concow School and Golden Feather Community School. Waiver Number: 30-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC- 19 Subject: Request by Lassen View Elementary School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852,

July 9-10, 2008 14 Final Minutes California State Board of Education July 9-10, 2008 allowing one school site council to function for two schools, Lassen View Elementary School and Lassen View Community Day School. Waiver Number: 47-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC- 20 Subject: Request by Lemoore Union High School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one school site council to function for three small alternative education high schools: Jamison High, Yokuts High and Gundaker Community Day School. Waiver Number: 17-5-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-21 Subject: Request by Southern Trinity Joint Unified School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one joint school site council to function for two very small schools, Southern Trinity High School and Mt. Lassic Continuation High School. Waiver Number: 31-3-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-22 Subject: Request by Tulelake Basin Joint Unified School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing one school site council to function for three small rural schools: Newell Elementary, Tulelake Elementary, and Tulelake High. Waiver Number: 3-5-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item WC-23 Subject: Request by Sonora Elementary School District under the authority of California Education Code (EC) Section 49548 to waive (EC) Section 49550, the State Meal Mandate during the Summer School Session for Sonora Elementary School. Waiver Number: 14-5-2008 (Recommended for APPROVAL) Type of Action: Action

Judy Pinegar from the Waiver Office indicated there was a request to speak on this item. Public comment was received from Pixie Hayward-Schickele from the California Teachers Association prior to the vote on the consent calendar Ms. Schickele shared her concerns regarding the state meal mandate and asked the board to review the matter. Member Bloom addressed the issue of minutes required to meet this waiver requirement. Chief Deputy Superintendent Gavin Payne noted that SBE and CDE staff would review this matter before the next scheduled board meeting.

ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

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 may need to 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 by the President's designee; and action different from that recommended by CDE staff may be taken.

Item W-1 Subject: Request by Long Beach Unified School District to waive portions of California Education Code (EC) Section 44735(d) related to the Teaching as a Priority Block Grant – to allow the money to be spent for teachers in all schools, not just schools that are within the bottom half of the academic performance index, schools ranked in deciles, 1 through 5. Waiver Number: 10-5-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action Judy Pinegar, Rick Miller and Phil Lafontaine from the California Department of Education presented on this item. Mr. Miller noted that this partnership involves two of the largest school districts in the state. The concern however for the school districts involved focuses on the amount of state regulations impeding their plans. In asking for a waiver to these regulations the school districts in question have agreed

July 9-10, 2008 16 Final Minutes California State Board of Education July 9-10, 2008 to craft benchmarks to which they can be held accountable. President Mitchell asked Mr. Miller to meet informally with both Member Williams and Member Noonan, who serve on the SBE liaison group. Mr. Lafontaine noted that the requested flexibility will allow the school districts to broaden the amount of professional development being offered to teachers that serve in low-performing schools. Public comment was received from Nancy LaCasse from School Services of California representing Long Beach Unified School District and Liz Guillian from Public Advocates. Mr. Miller and President Mitchell agreed to have the two superintendents present on this collaboration at either the September or November board meeting.

ACTION: Member Bloom moved to approve staff recommendations. In addition, the SBE is to receive an annual report indicating how the money was spent. Member Chan seconded the motion. The motion was approved by a vote of 8-0. Members Bersin, Fisher and Lopez were not available for the vote.

Item W-2 Subject: Request by Edison Elementary School District to waive California Education Code (EC) Section 15102, to allow the district to exceed its bonding limit of 1.25 percent of the taxable assessed value of property. (Requesting 1.50 percent) Waiver Number: 35-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-3 Subject: Request by the Piner-Olivet Union Elementary School District, a K-6 district, to waive California Education Code (EC) Section 47605(a)(6) to allow the district to renew the charter of, and continue to be the chartering authority for, the Career Academy at Piner-Olivet, a middle/high school. Waiver Number: 4-1-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action  ACTION: Member Williams moved to approve staff recommendations. Member Chan seconded the motion. The motion failed for a lack of majority vote (5-3). Members Bersin, Fisher and Lopez were not available for the vote.

 ACTION: Member Aschwanden moved to approve the waiver effective through June 30, 2008. Member Noonan seconded the motion. The motion was approved by an 8-0 vote. Members Bersin, Fisher and Lopez were not available for the vote.

Item W-4

Subject: Request by Harmony Union Elementary School District for Pathways Charter School to waive California Education Code (EC) Section 47605.1(c)(2) pertaining to geographic limits on resource centers for non-classroom based charter schools, so that the charter school can continue to operate resource centers in adjacent counties (Lake and Solano). Waiver Number: 45-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

Judy Pinegar from the Waiver Office indicated there was a speaker for this item. Public comment was received from Mike Downey with the California Teachers Association prior to the vote on the consent calendar.

Item W-5 Subject: Request by Plumas Unified School District for a renewal waiver of portions of the California Education Code (EC) Section 15282, regarding term limits for members of a Citizen’s Oversight Committee for all construction bonds in the district. Waiver Number: 11-5-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-6 Subject: Request by Fullerton Elementary School District to waive portions of the California Education Code (EC) Section 15282, regarding term limits for members of a Citizens’ Oversight Committee for all construction bonds in the district. Waiver Number: 21-5-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-7 Subject: Request by Hermosa Beach City Elementary School District for a renewal waiver of portions of the California Education Code (EC) Section 15282, regarding term limits for members of a Citizens’ Oversight Committee for all construction bonds in the district. Waiver Number: 52-4-2008

(Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-8 Subject: Request by Hemet Unified School District for a waiver of California Education Code (EC) Section 48661(a) to permit the collocation of Hemet Education Learning Program Community Day School (CDS) on the same site with the Hemet Academy for Applied Academics and Technology (HAAAT) Charter High School. Waiver Number: 39-4-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-9 Subject: Request by Merced Union High School District for a waiver of California Education Code (EC) Section 48661(a) to permit the collocation of a community day school on the same site as (East Campus Educational Center) a continuation high school. Waiver Number: 32-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-10 Subject: Request by Madera County Office of Education for a renewal 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: 22-5-2008 (Recommended for APPROVAL) EC 33051(c) will apply. Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-11 Subject: Request by West Contra Costa Unified School District to waive California Education Code (EC) Section 52055.55(b), to allow TESS Consulting Group to

July 9-10, 2008 19 Final Minutes California State Board of Education July 9-10, 2008 continue as the School Assistance and Intervention Team (SAIT) provider at El Cerrito High School as part of a secondary sanction required after the thirty-six month review of state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP) Waiver Number: 18-5-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-12 Subject: Request by Barstow Unified School District to waive California Education Code (EC) Section 52055.55(b) to allow San Bernardino County Superintendent of Schools to continue as the School Assistance and Intervention Team (SAIT) provider at Crestline Elementary School as part of a secondary sanction required after the thirty-six month review for state-monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP). Waiver Number: 33-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-13 Subject: Request by Bellevue Union Elementary School District to waive California Education Code (EC) Section 52055.55(b) to allow Sonoma County Office of Education in partnership with the North Coast Collaborative to continue as the School Assistance and Intervention Team (SAIT) provider at Bellevue Elementary School as part of a secondary sanction required after the thirty-six month review for state- monitored schools that have failed to exit the Immediate Intervention/Underperforming Schools Program (II/USP). Waiver Number: 36-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-14 Subject: Request by Rincon Valley Union Elementary School District under the authority of California 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

July 9-10, 2008 20 Final Minutes California State Board of Education July 9-10, 2008 adoption of materials in science (kindergarten through grade six only) for 12 additional months. Waiver Number: 15-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-15 Subject: Request by San Antonio Union Elementary School District under the authority of California 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 science (kindergarten through grade eight only) for 12 additional months. Waiver Number: 41-3-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-16 Subject: Request by Amador County Unified School District under the authority of California Education Code (EC) 46206 to waive EC Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2006-07 fiscal year than the state minimum set in 1986-87 at Amador and Argonaut High Schools for grades 9-12 (shortfall of 720 minutes). Waiver Number: 3-1-2008-W- (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-17 Subject: Request by Corcoran Joint Unified School District under the authority of California Education Code (EC) 46206 to waive EC Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2006-07 fiscal year than the state minimum set in 1986-87 at Corcoran High School for students in grades 9-12 (shortfall of 869 minutes). Waiver Number: 18-12-2007-W- (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

Item W-18 Subject: Request by Eastern Sierra Unified School District under the authority of California Education Code (EC) 46206 to waive EC 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2004-05 and 2005-06 fiscal years than the state minimum set in 1986-87 at Lee Vining High School for all grades 9-12. (2004-05 was 1,195 minutes short, and 2005-06 was 205 minutes short). Waiver Number: 2-11-2007 and 8-7-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-19 Subject: Request by McCloud Union Elementary School District under the authority of California Education Code (EC) Section 46206 to waive EC 46202(b), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2006-07 fiscal year than the amount the district offered in 1982-83 at McCloud Elementary School in grade 4 (shortfall of 3,480 minutes) and in grades 5-8 (shortfall of 1,690 minutes). Waiver Number: 23-12-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-20 Subject: Request by Oakland Unified School District under the authority of California Education Code (EC) 46206 to waive EC Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2004-05 fiscal year than the state minimum requirement set in 1986-87 at: Bella Vista Elementary in Kindergarten (shortfall of 3,600 minutes); Stonehurst Elementary in Kindergarten (shortfall of 2,800 minutes); Lockwood Elementary in K-5 (shortfall of 525 minutes). Waiver Number: 34-3-2008-W- (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

Item W-21 Subject: Request by Vallejo City Unified School District under the authority of California Education Code (EC) 46206 to waive EC Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2005-06 fiscal year than the state minimum set in 1986-87 at Jesse Bethel High School for students in grades 9-12 (shortfall of 141 minutes). Waiver Number: 19-2-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-22 Subject: Petition request under California Education Code (EC) sections 60421(d) and 60200(g) by Los Angeles County Office of Education to purchase specified non- adopted instructional materials for severely disabled children using Instructional Materials Funding Realignment Program monies. Waiver Number: 10-11-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-23 Subject: Petition request by Pleasanton Unified School District under California Education Code (EC) sections 60421(d) and 60200(g) to purchase specified non- adopted instructional materials (Holt Geometry Student Edition) for high performing eighth grade students using Instructional Materials Funding Realignment Program monies. Waiver Number: 13-5-2008 (Recommended for APPROVAL ) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-24 Subject: Petition request by San Juan Unified School District under California Education Code (EC) sections 60421(d) and 60200(g) to purchase specified non-

July 9-10, 2008 23 Final Minutes California State Board of Education July 9-10, 2008 adopted instructional materials (Exploring Life [Pearson Prentice Hall, 2006] and Conceptual Physics Science Exploration [Pearson Prentice Hall, 2007]) for high performing seventh and eighth grade students using Instructional Materials Funding Realignment Program monies. Waiver Number: 57-2-2008 (Recommended for APPROVAL) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-25 Subject: Request by Los Angeles Unified School District to waive portions of California Education Code (EC) Section 52302.8(c) to change the operative date of this section which requires Regional Occupational Centers/Programs to serve no more than 30 percent of students who are not in grades nine through twelve. Currently the operative date is “on or before July 1, 2009.” Waiver Number: 51-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-26 Subject: Request by Alhambra Unified School District under the authority of California Education Code (EC) Section 56101 and California Code of Regulations Title 5 (5 CCR), Section 3100 to waive EC 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). Laura Cisneros assigned at Emery Park Elementary School and Sandra Montoya at Fremont Elementary School. Waiver Number: 27-3-2008 (Recommended for DENIAL) Type of Action: Action

Judy Pinegar presented on this item. Larry Carlin with the California Teachers Association spoke on this item and requested a compliance review of the school district regarding special education and specifically its resource specialist program. Mary Hudler from the CDE Special Education Division informed the board that the department has opened a complaints investigation. Jim Woodhead, Advisory Commission on Special Education Member, applauded the CDE for their work on this item.

ACTION: Member Bloom moved to deny this waiver. Member Williams seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Fisher and Lopez were not available for the vote.

Item W-27 Subject: Request by Alhambra Unified School District under the authority of California Education Code (EC) Section 56101 and California Code of Regulations Title 5 (5 CCR), Section 3100 to waive EC Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 by no more than 4 students (32 maximum). Andrea Klink assigned at Monterey Highlands Elementary and Fremont Elementary Schools. Waiver Number: 37-4-2008 (Recommended for DENIAL) Type of Action: Action ACTION: Member Bloom moved to deny this waiver. Member Williams seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Fisher and Lopez were not available for the vote.

Item W-28 Subject: Request by Rio Elementary School District under the authority of California Education Code (EC) Section 56101 and California Code of Regulations Title 5 (5 CCR), Section 3100 to waive California 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). Padmini Vasan assigned at Rio Lindo and Rio Real Schools. Waiver Number: 25-5-2008 (Recommended for DENIAL) Type of Action: Action

Rebecca Barbetti, President of the Rio Teachers Association, spoke on this item. Ms. Barbetti asked the SBE for assistance regarding the delivery of special education services. According to Ms. Barbetti staff is not receiving the assistance needed to perform their respective teaching assignments. Ms. Barbetti asked the SBE to deny the waiver and move forward with a request for a compliance review.

Mary Hudler with the Special Education Division shared with board members that staff is currently investigating the matter. President Mitchell asked Ms. Hudler for an update when more information is readily available.

ACTION: Member Bloom moved to deny this waiver. Member Williams seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Fisher and Lopez were not available for the vote.

Item W-29

Subject: Request by Pittsburg Unified School District (PUSD) to waive portions of the California Education Code (EC) sections 17466, 17472, and 17475 and all of 17473 and 17474, specific statutory provisions for the Sale and Lease of Surplus Property. Approval of the waiver would allow the PUSD to sell a piece of property using a broker and a “request for proposal” process, thereby maximizing the proceeds from the sale. The PUSD properties for which the waiver is requested are the Harbor Street Property and a portion of the Heights Elementary School Site Property located in the city of Pittsburg. Waiver Number: 50-4-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-30 Subject: Request by Maple Creek Elementary School District under the authority of California Education Code (EC) Section 52863 for a waiver of EC Section 52852, allowing Maple Creek Elementary School to operate a school site council with fewer members than required by statute. Waiver Number: 26-3-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action ACTION: Member Chan moved, as part of the consent calendar, to approve staff recommendations. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-31 Subject: Request by five local educational agencies (LEAs) 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 ACTION: Member Chan moved, as part of the consent calendar, to approve the waiver. Member Aschwanden seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item W-32 Subject: Request by Liberty Union High School District to waive portions of California Education Code (EC) Section 51222(a), related to the statutory minimum

July 9-10, 2008 26 Final Minutes California State Board of Education July 9-10, 2008 of 400 minutes of physical education required each ten school days for students in grades nine through twelve in order to implement a block schedule at Liberty High School and Heritage High School. Waiver Number: 52-2-2008 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

Judy Pinegar from the Waiver Office presented on this item and explained that this waiver was only for one year. Public comment was received from Mary Vinciquerra, Assistant Superintendent of Education Services from River Union High School who spoke on the current block schedule. Tonya Smith from Liberty Union School District asked board members to postpone this matter until additional concerns are addressed. Pixie Hayward-Schickele from the California Teachers Association asked the board members to consider a postponement as well. Phil LaFontaine noted that a tangible plan was put in place.

ACTION: Member Noonan moved to approve staff recommendations. Member Chan seconded the motion. The motion was approved by an 8-0 vote. Members Bloom, Fisher and Lopez were not available for the vote.

AGENDA ITEMS

Item 14 Subject: Legislative update, including, but not limited to information on legislation from the 2007-08 session. Type of Action: Action, Information

Item 15 Subject: Update on issues related to California’s implementation of No Child Left Behind and other federal programs Type of Action: Action, Information

Item 16 Subject: Standardized Testing and Reporting (STAR) Program: Update, including, but not limited to, Program Update Type of Action: Action, Information

Item 17

Subject: California English Language Development Test (CELDT): Program Update including, but not limited to, Kindergarten to Grade 1 (K-1) Early Literacy Assessment and CELDT 2008-09 Trainings for District Coordinators Type of Action: Action, Information

Item 18 Subject: U.S. Department of Education Peer Review of Standards and Assessment: Update of Peer Review Results Type of Action: Action, Information

Item 19 Subject: California High School Exit Examination: Update, including, but not limited to, 2007-08 administrations through March 2008 Type of Action: Action, Information

Item 20 Subject: No Child Left Behind Act of 2001: Approve Local Educational Agency Plans, Title 1, Section 1112 Type of Action: Action, Information ACTION: Member Chan moved, as part of the consent calendar, to approve this item. Member Jones seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item 21 Subject: Consolidated Applications 2007-08: Approval Type of Action: Action, Information ACTION: Member Chan moved, as part of the consent calendar, to approve this item. Member Jones seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item 22 Subject: Chief Business Officer Training Program – Report to the Legislature Type of Action: Action, Information ACTION: Member Chan moved, as part of the consent calendar, to approve this item. Member Jones seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item 23

Subject: California Native Americans Supplemental Instructional Materials: Appointment of Reviewers Type of Action: Action, Information ACTION: Member Chan moved, as part of the consent calendar, to approve this item. Member Jones seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item 24 Subject: 2009 Education and the Environment Initiative Curriculum Review: Approval of Revised Timeline Type of Action: Action, Information ACTION: Member Chan moved, as part of the consent calendar, to approve this item. Member Jones seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item 25 Subject: Proposed Changes to the Consolidated State Application for No Child Left Behind Regarding the State Sub-granting Formula for the Migrant Education Program Type of Action: Action, Information ACTION: Member Chan moved, as part of the consent calendar, to approve this item. Member Jones seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item 26 Subject: The Administrator Training Program, Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of Training Providers and Training Curricula. Type of Action: Action, Information ACTION: Member Chan moved, as part of the consent calendar, to approve this item. Member Jones seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item 27 Subject: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approve Applications from Local Educational Agencies. Type of Action: Action, Information ACTION: Member Chan moved, as part of the consent calendar, to approve this item. Member Jones seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item 28 Subject: Assignment of Numbers for Charter School Petitions Type of Action: Action, Information

ACTION: Member Chan moved, as part of the consent calendar, to approve this item. Member Jones seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item 29 Subject: Charter School: Approval of Funding Determination Rate for 2007-2009: Nonclassroom-based Charter School Type of Action: Action, Information ACTION: Member Chan moved, as part of the consent calendar, to approve this item. Member Jones seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

Item 30 Subject: 2008-2010 Federal Public Charter Schools Dissemination Grant Program: Request for Applications Type of Action: Action, Information ACTION: Member Chan moved, as part of the consent calendar, to approve this item. Member Jones seconded the motion. The motion was approved by a 9-0 vote. Members Bersin and Fisher were not available for the vote.

***ADJOURNMENT OF MEETING***

July 9-10, 2008 30