Extended School Year

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California Department of Education
Executive Office
SBE-005 General (REV.08/2014) / ITEM #W-02

CALIFORNIA STATE BOARD OF EDUCATION

MAY 2016 AGENDA
General Waiver
SUBJECT
Request by fivelocal educational agenciesto waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.
Waiver Numbers: Kings County Office of Education 3-2-2016
National Elementary School District 5-2-2016
Oceanside Unified School District 23-2-2016
Paradise Unified School District 7-1-2016
San Diego County Office of Education 1-1-2016 /

Action

Consent

SUMMARY OF THE ISSUES

Five local educational agencies (LEAs) request to be allowed to provide instruction in fewer than the 20 days required by law for extended school year (ESY). Each LEA proposes an alternate schedule that will allow them to provide the minimum number of hours required, but in fewer days.

Authority for Waiver:Education Code (EC) Section 33050

RECOMMENDATION

Approval Approval with conditions Denial

The California Department of Education (CDE) recommends that the State Board of Education (SBE) approve the request from five LEAs to provide ESY services for fewer than 20 days with the condition thatinstructional hours are consistent with those provided to the general education enrollment at the same grade level unless the individualized education program (IEP) specifies otherwise. Also, special education and related services offered during the ESY period must be comparable in standards, scope, and quality to the special education program offered during the regular academic year as required by California Code of Regulations, Title 5, (5 CCR), Section 3043.

SUMMARY OF KEY ISSUES

The Kings County Office of Education (KCOE) proposes to provide ESY services utilizing a 16-day model of five hours of instruction per day. This proposal provides the same number of instructional hours equal to the traditional 20-day summer school calendar, and an opportunity for special education staff to participate in staff development which occurs during the summer. It will also facilitate the completion of a construction project that will result in increased safety on campus. Finally, it will provide financial savings in energy, transportation, and maintenance.

The National Elementary School District has requested a renewal of the previous waiver, and proposes to continue to provide ESY services utilizing a 15-day model of five and one-half hours of instruction per day. The lengthened ESY day is more closely aligned to the school day of the regular school year which provides consistency for students. The proposed shortened schedule takes into consideration that the summer break is approximately six weeks, and will help to provide more family time for students and their families. Historically, student attendance decreased significantly after the fourth week of ESY instruction. Last year’s attendance remained consistent throughout the duration of the ESY program due to the shortened schedule. Special education staff are also more willing to teach a longer day for a shorter period of time, which will help the LEA to hire quality ESY staff. The conditions of the previous waiver were met.

The Oceanside Unified School District proposes to provide ESY services utilizing a

16-day model over a four week period of four and three-quarter hours per day, providing the same number of instructional hours equal to the traditional 20-day summer school calendar, including holidays. The Oceanside Unified School District believes that an increase in daily instructional time over a period of 16 days will result in educational benefit for students. The District is committed to providing rigorous, high-quality instruction and integrated service delivery for the identified students to meet their IEP goals.

Paradise Unified School District proposes to provide ESY services to identified special education students utilizing a 15-day, five and one-half hour instruction day summer school model rather than the traditional 20-day, four hour instructional summer school day model. Students would receive the same or greater number of instructional minutes. Parents, students, and staff supported the longer, more intense instructional days last year. Fewer ESY days will result in savings in transportation, utilities, janitorial, food services, administrative, and clerical costs. The conditions of the previous waiver were met.

The San Diego County Office of Education (SDCOE) Davila Day School, which is a School for the Deaf/Hard of Hearing, has approximately 42 students with individualized education programs (IEPs) who qualify for ESY. There is no summer school program for any other students in the Special Education Local Plan Area. The Davila Day School resides on the same property of the main campus, Vista Square Elementary, which is part of the Chula Vista Elementary School District. A modernization of both Davila Day School and Vista Square Elementary was completed this past summer. This work took place over the months of June, July, and August. The Davila Day School is aligned with the host District’s school calendar, which is normally a modified year-round calendar. Because of the modernization, Davila and Vista Square had to transition into a special modernization calendar for the 2015–16 school year. Because of the modernization calendar, the last day of the host District’s calendar for the 2015–16 school year is June 17 for students and teachers; the first day of the 2016–17 school year is July 19. The period between the school years provides only 20 week days to hold an ESY session.

Because of these unusual, extenuating circumstances, the CDE is recommending approval.

A 10-day ESY program, consisting of a seven hour instructional day, will still allow the SDCOE to address the regression and recoupment needs of identified students, and would also allow a summer break of 10 non-teaching days. Because teaching during ESY is voluntary, the shortened ESY schedule would guarantee that the school’s specialized Deaf/Hard of Hearing (DHH) teaching and classified staff will choose to work the ESY session, if it allows for a small break prior to the start of the school year. If the waiver is denied, teachers would be faced with no break and most likely choose not to work the ESY session. The school would have to fill each slot with a non-DHH credentialed substitute that would have no experience working with the DHH population and who would not be able to communicate with the American Sign Language student population.

In addition, with this shortened ESY, students will be guaranteed the following:

  • Continuation of curriculum
  • Student learning will be maximized by modifying the ESY schedule to a seven hour day schedule versus four hours per day
  • Breakfast and lunch will be provided free of charge

Approving this waiverwould be in agreement with the two SDCOE represented groups, which were in favor of the waiver submission and its detail. The SDCOE received positive feedback from the parent forums. They felt there would be more participation and higher attendance throughout the modified ESY program. The duration and timing of the ESY is specified in each student’s IEP.

Because this is a general waiver, if the SBE decides to deny the waiver, it must cite one of the seven reasons in EC 33051(a), available at

SUMMARY OF PREVIOUS STATEBOARD OF EDUCATION DISCUSSION AND ACTION

In the past, the SBE approved waivers to allow school districts to provide the required minimum amount of instruction in fewer days during the ESY for special education students.

Extended school year is the term for the education of special education students “between the close of one academic year and the beginning of the next,” similar to a summer school. It must be provided for each individual with exceptional needs whoseIEP requires it. LEAs may request a waiver to provide an ESY program for fewer days than the traditional model.

FISCAL ANALYSIS (AS APPROPRIATE)

There is no statewide fiscal impact of waiver approval.

ATTACHMENT(S)

Attachment 1: Extended School Year Summary Table (3 pages)

Attachment 2:Kings County Office of Education General Waiver Request3-2-2016

(2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 3:National Elementary School District General Waiver Request5-2-2016 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 4: Oceanside Unified School District General Waiver Request 23-2-2016 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 5: Paradise Unified School District General Waiver Request7-1-2016

(2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 6: San Diego County Office of Education General Waiver Request

1-1-2016 (3 pages) (Original waiver request is signed and on file in the Waiver Office.)

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Extended School Year

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Extended School Year Summary Table

Waiver Number / District / Period of Request / Demographics / Local Board and Public Hearing Approval Date / Bargaining Unit,
Representative Consulted, Date, and Position / Public Hearing Advertised / Advisory Committee or Site Council Consulted/ Date
3-2-2016 / Kings County Office of Education / Requested:
June 9, 2016
to
June 30, 2016
Recommended:
June 9, 2016
to
June 30, 2016
16 days at 5 hours/day
80 hours tota
l / Student population:294
Area:Rural
County:Kings / 12/9/2015 / Classified School Employees,
Rebekah Thompson
President
11/17/2015
Support
Kings Teachers Association,
Yolanda Bell
President 11/2/2015
Support / Notice posted at in a newspaper, at each school, and on the LEA web site / Special Education Local Plan Area (SELPA) Operations Committee and the SELPA Community Advisory Committee 12/9/2015
No objection
5-2-2016 / National Elementary School District / Requested:
June 10, 2016
to
July 10, 2016
Recommended:
June 10, 2016
to
July 10, 2016
15 days at5 ½ hours/day
82.5 hours total / Student population: 5,779
Area: Urban
County: San Diego / Local Board
1/27/2016
Public Hearing
12/5/2015 / National City Elementary Teachers Association
MaryKay Rosinski
Special Education Unit Representative
12/18/2015
Support / Notice posted at each school, Community Library, and the Testing Center / National City School Board
1/25/2016
No objection

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Extended School Year

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Waiver Number / District / Period of Request / Demographics / Local Board and Public Hearing Approval Date / Bargaining Unit,
Representative Consulted, Date, and Position / Public Hearing Advertised / Advisory Committee or Site Council Consulted/ Date
23-2-2016 / Oceanside Unified School District / Requested:
June 20, 2016
to
July 14, 2016
Recommended:
June 20, 2016
to
July 14, 2016
16 days at 4 3/4 hours/day
76 hours total / Student population: 19,296
Area: Suburban
County: San Diego / 1/12/2016 / California School Employee Association,
Collette Leyva
President
1/5/2016
Support
Oceanside Teachers Association,
Jennifer Skellet
President 1/5/2016
Support / Notice posted at all schools, District buildings, and local public libraries / Extended Cabinet
01/11/2016
No objection
7-1-2016 / Paradise Unified School District / Requested:
January 7, 2016
to
July 31, 2016
Recommended:
January 7, 2016
to
July 31, 2016
15 days at 5 ½ hours/day
82.5 hours total / Student population: 598
Area: Rural
County: Butte / 11/17/2015 / Paradise Classified Employees Association,
Kristin Mundy
President
11/12/2015
Support
Teachers Association of Paradise,
Cris Dunlap
President 11/10/2015
Support / Notice posted at the District Office, Pearson Center, Paradise Public Library, and on the District Web site / Paradise Unified Governing Board
11/17/2015
No objection

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Extended School Year

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Waiver Number / District / Period of Request / Demographics / Local Board and Public Hearing Approval Date / Bargaining Unit,
Representative Consulted, Date, and Position / Public Hearing Advertised / Advisory Committeeor Site Council Consulted/ Date
1-1-2016 / San Diego County Office of Education, Davila Day School / Requested:
June 20, 2016
to
July 1, 2016
Recommended:
June 20, 2016
to
July 1, 2016
10 days at 7 hours/day
70 hours total / Student population: 44
Area: Suburban
County: San Diego / 11/18/2015 / California School Employees Association, 568
Candida Hammond-Bothel
President 9/24/2015
Support
Association of Educators,
Tammy Reina
President
9/24/2015
Support / Notice posted at each school and at the San Diego County Office of Education / Special Education Local Plan Area (SELPA) Operations Committee and the SELPA Community Advisory Committee 11/12/2015
No objection

Created by California Department of Education

January 11, 2016

Revised: 4/4/2016 1:24 PM

Extended School Year

Attachment 2

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California Department of Education

WAIVER SUBMISSION - Specific

CD Code: 1610165Waiver Number: 3-2-2016Active Year: 2016

Date In: 2/3/2016 12:54:43 PM

Local Education Agency: Kings County Office of Education

Address: 1144 West Lacey Blvd.

Hanford, CA93230

Start: 6/9/2016 End: 6/30/2016

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: 5 CCR 3043(d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: (d) [An extended year program shall be provided for a minimum of 20 instructional days, including holidays.]

Outcome Rationale: The Kings County Office of Education proposes to provide Extended School Year services to identified special education students as agreed to in their IEP for sixteen(16) days at five (5) hours of instruction per day (Total of 80 hours instruction) in place of the traditional model of twenty (20) days with four (4) hours of instruction (Total 80 hours instruction). This model will provide us time to have our staff participate in professional development opportunities. In addition it will allow us more time to complete a construction project on campus that will result in increased safety for our campus. Last, it will provide financial savings in energy, transportation, and maintenance.

Student Population: 294

City Type: Rural

Local Board Approval Date: 12/9/2015

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms.LisaHorne

Position: Program Director Special Education

E-mail:

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Extended School Year

Attachment 2

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Telephone: 559-589-7092

Fax: 559-589-7004

Bargaining Unit Date: 11/17/2015

Name: Classified School Employees

Representative: Rebekah Thompson

Title: Preseident CSEA

Position: Support

Comments:

Bargaining Unit Date: 11/02/2015

Name: Kings Teachers Association

Representative: Yolanda Bell

Title: President KTA

Position: Support

Comments:

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Extended School Year

Attachment 3

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 3768221Waiver Number: 5-2-2016Active Year: 2016

Date In: 2/4/2016 2:41:30 PM

Local Education Agency: National Elementary School District

Address: 1500 N Ave.

National City, CA91950

Start: 6/10/2016 End: 7/10/2016

Waiver Renewal: Y

Previous Waiver Number: 17-12-2014-W-04 Previous SBE Approval Date: 5/7/2015

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: CCR, Title 5, Section 3043(d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: California Code of Regulations (CCR), Title 5, Section 3043(d) requires that a District provide extended school year services (between the close of one academic year and the beginning of the next) to a student who has unique needs and requires special education and related services in excess of the regular academic year. CCR, Title 5 Section 3043(d) requires that the program be provided for a minimum of 20 instructional days, typically for four hours each day for a total of 80 hours of instruction. Students who participate, in Extended School Year benefit from having consistent time of instructional day as it supports the structure of their programs, maintains educational benefit and provides a learning environment that address regression and recoupment of identified students with disabilities. The National City School District calendar provides approximately six weeks of summer break. A four week extended school year only provides families and staff two weeks summer break. Historically it has been difficult to find quality staff that are specialized to meet the instructional needs of these students and on the fourth week of instruction student attendance has historically decreased significantly. During the 2013-14 Extended School Year, of (15)-5.35 hour days enrollment stayed consistent throughout.

Outcome Rationale: Students who participate, in Extended School Year benefit from having consistent time of instructional day as it supports the structure of their programs, maintains educational benefit and provides a learning environment that address regression and recoupment of identified students with disabilities. Historically, it has been difficult to find quality staff that are specialized to meet the instructional needs of these students for four weeks at 4 hour days and students do not transition well into a minimum day as they are accustomed to their regular schedule of 6 hours. The lengthened day helps provide a day that is more closely aligned to the regular school day during the normal school calendar.

Student Population: 5779

City Type: Urban

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Extended School Year

Attachment 3

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Public Hearing Date: 12/5/2014

Public Hearing Advertised: Schools, Community Library, and Testing Center

Local Board Approval Date: 1/27/2016

Community Council Reviewed By: National City School Board

Community Council Reviewed Date: 1/25/2016

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms.MeghannO'Connor

Position: Director of Student Support Services

E-mail:

Telephone: 619-336-7740

Fax: 619-336-7551

Bargaining Unit Date: 12/18/2015

Name: National City Elementary Teachers Association

Representative: MaryKay Rosinski

Title: Special Education Unit Representative

Position: Support

Comments:

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Extended School Year

Attachment 4

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 3773569Waiver Number: 23-2-2016Active Year: 2016

Date In: 2/23/2016 11:23:17 AM

Local Education Agency: Oceanside Unified School District

Address: 2080 Mission Ave.

Oceanside, CA92058

Start: 6/20/2016 End: 7/14/2016

Waiver Renewal: Y

Previous Waiver Number: 13-4-2015-W-05 Previous SBE Approval Date: 7/8/2015

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)