May 2016 Waiver Item W-12 - Meeting Agendas (CA State Board of Education)

California Department of Education Executive Office SBE-006 Specific (REV. 02/2014) ITEM #W-12

CALIFORNIA STATE BOARD OF EDUCATION

MAY 2016 AGENDA

Specific Waiver

SUBJECT Request by four local educational agencies under the authority of California Education Code Section 52863 for waivers of Education Code Action Section 52852, relating to schoolsite councils regarding changes in shared, composition, or shared and composition members. Consent Waiver Numbers: Brawley Union High School District 11-1-2016 Lost Hills Union Elementary School District 8-2-2016 Mariposa County Office of Education 15-1-2016 Mt. Shasta Union Elementary School District 12-1-2016

SUMMARY OF THE ISSUE(S)

Specific authority is provided in California Education Code (EC) Section 52863 to allow the State Board of Education (SBE) to waive the Schoolsite Council (SSC) requirements contained in EC Section 52852 of the School-Based Coordination Program (SBCP) Act that would hinder the success of the program implementation. These waivers must be renewed every two years.

Authority for Waiver: EC Section 52863

RECOMMENDATION

Approval Approval with conditions Denial

The California Department of Education (CDE) recommends approval with conditions, see Attachment 1.

SUMMARY OF KEY ISSUES

The Brawley Union High School District is requesting a shared SSC with composition change for two small schools: Desert Valley High School (8 teachers serving 174 students in grades nine through twelve) and Renaissance (Community Day) School (1 teacher serving 24 students in grades nine through twelve). Both schools are alternative education programs, with students moving in and out of the schools every six weeks. The school’s administration and staff collaborate and share resources in many ways, being located on the same campus in a rural area.

Revised: 5/22/2018 4:34 PM Schoolsite Council Page 2 of 2

The Lost Hills Union Elementary School District is requesting to renew a shared SSC for two schools: Lost Hills Elementary School (15 teachers serving 378 students in transitional kindergarten through grade five) and A. M. Thomas Middle School (7 teachers serving 170 students in grades six through eight). Both schools share a principal, several staff members, and are located on the same campus in a rural area.

The Mariposa County Office of Education is requesting an SSC composition change for a small school: Monarch Academy (6 teachers serving 55 students in preschool to adult). It is a county school for severely handicapped students, located in a rural area.

The Mt. Shasta Union Elementary School District is requesting an SSC composition change for Mt. Shasta Elementary School (10 teachers serving 210 students in kindergarten through grade three). The school has limited staffing and is located in a rural area.

SUMMARY OF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND ACTION

The CDE has previously presented requests from local educational agencies (LEAs) to waive some of the SSC requirements in EC Section 52863 or to allow one shared SSC for multiple schools. All of these requests have been granted with conditions. The conditions take into consideration the rationale provided by the LEAs, a majority of which are due to the size, type, location, or other capacities of the schools.

FISCAL ANALYSIS (AS APPROPRIATE)

There is no statewide fiscal impact of waiver approval.

ATTACHMENT(S)

Attachment 1: Local Educational Agencies Requesting a Schoolsite Council Waiver (3 Pages)

Attachment 2: Brawley Union High School District Specific Waiver Request 11-1-2016 (2 Pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 3: Lost Hills Union Elementary School District Specific Waiver Request 8-2-2016 (2 Pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 4: Mariposa County Office of Education Specific Waiver Request 15-1-2016 (2 Pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 5: Mt. Shasta Union Elementary School District Specific Waiver Request 12-1-2016 (2 Pages) (Original waiver request is signed and on file in the Waiver Office.)

Revised: 5/22/2018 4:34 PM Schoolsite Council Attachment 1 Page 1 of 3

Local Educational Agencies Requesting a Schoolsite Council Waiver

Previous Waiver Local Educational Yes or No Collective LEAs Request for Agency (LEA) for California Department of Bargaining Unit SSC/Advisory Waiver a Schoolsite Local Board School(s) Education Period of Position/ Committee Number Council (SSC) Approval Date (County-District- Recommendation Request/ Current Position Waiver School Code[s]) Period Agreement Recommended 11-1-2016 Brawley Union High Shared SSC with Approval with conditions: No Brawley Union High Desert Valley 01/13/2016 School District for composition the SSC must consist of School Teachers (Continuation) Desert Valley change one principal, two Requested: Association High School (Continuation) High classroom teachers 08/24/2015 Sherrie Newell SSC School (1363081 (selected by peers), one to President 11/18/2015 1331354) and parent/community member 06/30/2020 12/15/2015 Renaissance (selected by parents), and No Objection (Community Day) two students (selected by Recommended: Support School (1363081- peers). 08/24/2015 1330141) to 08/23/2017

8-2-2016 Lost Hills Union Shared SSC Approval with conditions: Yes California School Lost Hills 02/09/2016 Elementary School the SSC must consist of Employees Elementary District for Lost Hills one principal, three Requested: Association School and A. M. Elementary School classroom teachers 04/01/2016 Minerva Zermeno Thomas Middle (1563594 6060420) (selected by peers), one to President School Shared and A. M. Thomas other school representative 04/01/2018 01/21/2016 SSC Middle School (selected by peers), three 01/19/2016 (1563594 6102792) parents/community Recommended: Support members (selected by 04/01/2016 No Objection parents), and two students to California Teachers (selected by peers). 03/31/2018 Association Robert Bewley President 01/21/2016

Support

Revised: 5/22/2018 4:34 PM Schoolsite Council Attachment 1 Page 2 of 3

Previous Waiver Local Educational Yes or No Collective LEAs Request for Agency (LEA) for California Department of Bargaining Unit SSC/Advisory Waiver a Schoolsite Local Board School(s) Education Period of Position/ Committee Number Council (SSC) Approval Date (County-District- Recommendation Request/ Current Position Waiver School Code[s]) Period Agreement Recommended 15-1-2016 Mariposa County SSC composition Approval with conditions: No California State Monarch 04/16/2015 Office of Education forchange the SSC must consist of Employees Academy SSC Monarch Academy one principal, one Requested: Association 03/31/2015 (2210223 6105308) classroom teacher (selected 07/01/2015 John Stewart by peers), one other school to President No Objection representative (selected by 06/30/2017 05/05/2015 peers), and three parents/community Recommended: Support members (selected by 07/01/2015 parents). to California Teachers 06/30/2017 Association Lynda Dougherty- Kelley President 05/05/2015

Support

Revised: 5/22/2018 4:34 PM Schoolsite Council Attachment 1 Page 3 of 3

Previous Waiver Local Educational Yes or No Collective LEAs Request for Agency (LEA) for California Department of Bargaining Unit SSC/Advisory Waiver a Schoolsite Local Board School(s) Education Period of Position/ Committee Number Council (SSC) Approval Date (County-District- Recommendation Request/ Current Position Waiver School Code[s]) Period Agreement Recommended 12-1-2016 Mt. Shasta Union SSC composition Approval with conditions: No California School Mt. Shasta 01/12/2015 Elementary School change the SSC must consist of Employees Elementary District for Mt. Shasta one principal, two Requested: Association School SSC Elementary School classroom teachers 01/01/2016 Linda Smyth 12/01/2015 (4770425 6050884) (selected by peers), one to President other school representative 01/01/2018 12/07/2015 No Objection (selected by peers), and four parents/community Recommended: Support members (selected by 01/01/2016 parents). to Mt. Shasta 12/31/2017 Elementary School Teachers Association Stacia Hardy President 12/17/2015

Support

Created by the California Department of Education January 19, 2016

Revised: 5/22/2018 4:34 PM 11-1-2016 Brawley Union High School District Attachment 2 Page 1 of 2

California Department of Education WAIVER SUBMISSION - Specific

CD Code: 1363081 Waiver Number: 11-1-2016 Active Year: 2016

Date In: 1/14/2016 9:54:50 AM

Local Education Agency: Brawley Union High School District Address: 480 North Imperial Ave. Brawley, CA 92227

Start: 8/24/2015 End: 6/30/2020

Waiver Renewal: N Previous Waiver Number: 86-1-2013 Previous SBE Approval Date: 1/29/2013

Waiver Topic: Schoolsite Council Statute Ed Code Title: Shared Schoolsite Council with Reduced Number and Composition Ed Code Section: 52852 Ed Code Authority: 52863

Ed Code or CCR to Waive: A schoolsite council shall be established at each school which participates in school-based program coordination. The council shall be composed of the principal and representatives of: teachers selected by teachers at the school; other school personnel selected by other school personnel at the school; parents of pupils attending the school selected by such parents; and, in secondary schools, pupils selected by pupils attending the school.

At the elementary level the council shall be constituted to ensure parity between (a) the principal, classroom teachers and other school personnel; and (b) parents or other community members selected by parents. At the secondary level the council shall be constituted to ensure parity between (a) the principal, classroom teachers and other school personnel; and (b) equal numbers of parents, or other community members selected by parents, and pupils.

Outcome Rationale: Renaissance Community Day School is comprised of 24 students and Desert Valley Alternative Education High School is comprised of 174 students. Brawley Union High School District is requesting that these two schools combine resources to form one school site council. Both schools reside on the same sit and frequently collaborate with joint department meetings. Teachers' meetings, Parent Teacher club meetings and many school events are conducted as one school. Renaissance only employs one teacher and it is in the best interest of both schools to combine efforts in order to establish better communication between staff and parents and ensure academic achievement is continually being monitored and improved upon. The district is also requesting that the composition of their joint School Site Council be waived. Because both schools are alternative education schools, they tend to have revolving enrollment. It has been difficult establishing the required number of parents needed on the committee since the students are transferring into and out of the alternative education

Revised: 5/22/2018 4:34 PM 11-1-2016 Brawley Union High School District Attachment 2 Page 2 of 2 program every six weeks. We realize site councils are a requirement for school participation and are making every effort to ahve a viable council with the staff and parents available. Proposed Composition: 1 principal, 2 teachers (1 from Renaissance and 1 from Desert Valley High School), 1 parent, 2 students.

Student Population: 198

City Type: Rural

Local Board Approval Date: 1/13/2016

Council Reviewed By: School SIte Council Council Reviewed Date: 11/18/2015 Council Objection: N Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms. Jonine Trevino Position: Special Projects Coordinator E-mail: [email protected] Telephone: 760-312-6084 x4067 Fax:

Bargaining Unit Date: 12/15/2015 Name: Brawley Union High School Teachers Association Representative: Sherrie Newell Title: Union President Position: Support Comments:

Revised: 5/22/2018 4:34 PM 8-2-2016 Lost Hills Union Elementary School District Attachment 3 Page 1 of 2

California Department of Education WAIVER SUBMISSION - Specific

CD Code: 1563594 Waiver Number: 8-2-2016 Active Year: 2016

Date In: 2/10/2016 1:06:18 PM

Local Education Agency: Lost Hills Union Elementary School District Address: 20951 Pavilion Way Lost Hills, CA 93249

Start: 4/1/2016 End: 4/1/2018

Waiver Renewal: Y Previous Waiver Number: 10-4-2014-W-11 Previous SBE Approval Date: 7/10/2014

Waiver Topic: Schoolsite Council Statute Ed Code Title: Shared Schoolsite Council Ed Code Section: 52852 Ed Code Authority: 52863

Ed Code or CCR to Waive: Lost Hills Union School District requests a waiver on Education Code Section 52852, allowing one joint school site council to function for two schools. Lost Hills Elementary and A.M. Thomas Middle School.

Outcome Rationale: Lost Hills Elementary School enrolls 378 students in grades Transitional Kindergarten through fifth grade. The school employs 15 teachers and shares a Principal, Psychologist, Speech Therapist, RSP Teacher, and an SDC Teacher with A.M. Thomas Middle School. A.M. Thomas Middle School enrolls 170 students in grade six through eight and employs 7 teachers. Both schools also share a common attendance area and are located on the same campus.

The combined SSC will address items pertaining to common curriculum, staff development, and instructional improvement. The joint school site council will elect its parents-community , students and staff members from both schools and will maintain the parity requirements of EC 56862. The joint SSC will be composed of the following ten members: one shared principal, three classroom teachers, one other staff (classified staff serves both schools), three parents- community members, and two students.

Student Population: 548

City Type: Rural

Local Board Approval Date: 2/9/2016

Council Reviewed By: School Site Council Council Reviewed Date: 1/19/2016 Council Objection: N Council Objection Explanation:

Revised: 5/22/2018 4:34 PM 8-2-2016 Lost Hills Union Elementary School District Attachment 3 Page 2 of 2

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms. Fidelina Saso Position: Assistant Superintendent E-mail: [email protected] Telephone: 661-797-3035 Fax: 661-797-2581

Bargaining Unit Date: 01/21/2016 Name: California School Employees Association Representative: Minerva Zermeno Title: CSEA President Position: Support Comments:

Bargaining Unit Date: 01/21/2016 Name: California Teachers Association Representative: Robert Bewley Title: CTA President Position: Support Comments:

Revised: 5/22/2018 4:34 PM 15-1-2016 Mariposa County Office of Education Attachment 4 Page 1 of 2

California Department of Education WAIVER SUBMISSION - Specific

CD Code: 2210223 Waiver Number: 15-1-2016 Active Year: 2016

Date In: 1/22/2016 12:28:14 PM

Local Education Agency: Mariposa County Office of Education Address: 5082 Old Highway North Mariposa, CA 95338

Start: 7/1/2015 End: 6/30/2017

Waiver Renewal: N Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Schoolsite Council Statute Ed Code Title: Number and Composition of Members Ed Code Section: 52852 Ed Code Authority: 52863

Ed Code or CCR to Waive: EC 52852 A school site council shall be established at each school which participates in school-based program coordination. The council shall be composed of the principal and representatives of: teachers selected by teachers at the school other school personnel selected by other school personnel at the school; parents of pupils attending the school selected by such parents; and, in secondary schools, pupils selected by pupils attending the school.

Outcome Rationale: Monarch Academy is a county school for the severely handicapped with an enrollment of less than 50 students, as a result we request to reduce the number of school site council members. The proposed composition is 1 principal, 1 teacher, 1 other school personnel, and 3 parents / community members, which will reduce the number of school site council members from 10 - 3. The reduction in size will not affect the functionality or outcomes of the school site council and will optimize parental involvement.

Student Population: 40

City Type: Rural

Local Board Approval Date: 4/16/2015

Council Reviewed By: School Board / Monarch Academy School Site Council Council Reviewed Date: 3/31/2015 Council Objection: N Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Revised: 5/22/2018 4:34 PM 15-1-2016 Mariposa County Office of Education Attachment 4 Page 2 of 2

Submitted by: Ms. Michelle Symes Position: Interim Direction of Educational Services E-mail: [email protected] Telephone: 209-742-0214 Fax: 209-966-4549

Bargaining Unit Date: 05/05/2015 Name: California State Employee Association Representative: John Stewart Title: CSEA President Position: Support Comments:

Bargaining Unit Date: 05/05/2015 Name: California Teachers Association Representative: Lynda Dougherty-Kelley Title: MCTA President Position: Support Comments:

Revised: 5/22/2018 4:34 PM 12-1-2016 Mt. Shasta Union Elementary School District Attachment 5 Page 1 of 2

California Department of Education WAIVER SUBMISSION - Specific

CD Code: 4770425 Waiver Number: 12-1-2016 Active Year: 2016

Date In: 1/14/2016 11:06:20 AM

Local Education Agency: Mt. Shasta Union Elementary School District Address: 595 East Alma St. Mt. Shasta, CA 96067

Start: 1/1/2016 End: 1/1/2018

Waiver Renewal: N Previous Waiver Number: 17-1-2012 Previous SBE Approval Date: 5/9/2012

Waiver Topic: Schoolsite Council Statute Ed Code Title: Number and Composition of Members Ed Code Section: 52852 Ed Code Authority: 52863

Ed Code or CCR to Waive: 52852. A schoolsite council shall be established at each school which participates in school-based program coordination. The council shall be composed of the principal and representatives of: teachers selected by teachers at the school; other school personnel selected by other school personnel at the school; parents of pupils attending the school selected by such parents; and, in secondary schools, pupils selected by pupils attending the school.

This is a very difficult number to achieve if the total number of students and teachers in the school is small. Therefore, the school wishes to continue to have an eight-member SSC composed of the principal, two classroom teachers(selected by peer(s)), one classified employee, and four parent/guardian or community members (selected by parents.

Outcome Rationale: After much recruitment, our small, rural school is unable to get enough parents to meet the requirement of 6 parent members. Parents have declined participating in SSC because they are already involved and volunteering for other school activities. The Mt. Shasta Elementary School has a total of 10 teachers. The waiver is requested to allow this school to operate this elementary School Site Council with 8 members instead of 12 members. The SSC composition would consist of 1 administrator, 2 teachers, 1 classified employee, and 4 parents/guardian and community members. This composition would allow for a majority of teachers on the staff side and would ensure parity between staff members and parents/community members.

Revised: 5/22/2018 4:34 PM 12-1-2016 Mt. Shasta Union Elementary School District Attachment 5 Page 2 of 2

Student Population: 210

City Type: Rural

Local Board Approval Date: 1/12/2015

Council Reviewed By: Mt. Shasta Elementary School Site Council Council Reviewed Date: 12/1/2015 Council Objection: N Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms. Amy Barker Position: State and Federal Program Director E-mail: [email protected] Telephone: 530-842-8415 Fax:

Bargaining Unit Date: 12/07/2015 Name: California School Employees Association Representative: Linda Smyth Title: President Position: Support Comments:

Bargaining Unit Date: 12/17/2015 Name: Mt. Shasta Education Teachers Association Representative: Stacia Hardy Title: President Position: Support Comments:

Revised: 5/22/2018 4:34 PM