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

September 2015 AGENDA
General Waiver
SUBJECT
Request by Shasta Union High School District for a renewal to 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 Number: 24-4-2015 /

Action

Consent

SUMMARY OF THE ISSUES

The local educational agency (LEA) requests to be allowed to provide instruction in fewer than the 20 days required by law for extended school year (ESY). The 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

An approval may be granted to waive the 20-day ESY requirement with the condition that 80 hours or more of instruction be provided (a minimum of 76 hours of instruction may be provided if a holiday is included.) Also, special education and related services offered during the extended year 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, Section 3043(d).

SUMMARY OF KEY ISSUES

The Shasta Union High School District proposes to provide ESY services utilizing a

15-day model over a four week period of 5.5 hours per day, providing the same number of instructional hours equal to the traditional 20-day calendar, including holidays. The Shasta Union High School District believes that an increase in daily instructional time

over a period of 15 days will result in savings in the following areas: utilities, custodial services, food services, payroll, and clerical costs.

The requirements of the previous waiver were met.

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 whose individualized education program (IEP) 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 (1page)

Attachment 2:Shasta Union High School District General Waiver Request 24-4-2015 (2 pages). (Original waiver request is signed and on file in the Waiver Office.)

Revised: 8/12/2015 9:42 AM

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
24-4-2015 / Shasta Union High School District / Requested:
6/10/2015
to
6/30/2015
Recommended: 6/10/2015
to
6/30/2015 / Student population: 4,500
Area:Rural
County:Shasta / 4/21/2015 / Shasta Secondary Education Association,
Tom Roberts President 2/12/2015
Support / Notice posted on the District Web site and at the specific school / Enterprise High School, Schoolsite Council
3/2/2015
No objection

Created by California Department of Education

June 30, 2015

Revised: 8/12/2015 9:42 AM

Extended School Year

Attachment 2

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 4570136Waiver Number: 24-4-2015Active Year: 2015

Date In: 4/30/2015 1:55:04 PM

Local Education Agency: Shasta Union High School District

Address: 2200 Eureka Way, Ste. B

Redding, CA96001

Start: 6/10/2015 End: 6/30/2015

Waiver Renewal: Y

Previous Waiver Number: 11-4-2014-W-01 Previous SBE Approval Date: 7/10/2014

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: Extended school year services shall be provided, in accordance with 34 C.F.R. section 300.106, for each individual with exceptional needs who has unique needs and requires special education and related services in excess of the regular academic year. Such individuals shall have disabilities which are likely to continue indefinitely or for a prolonged period, and interruption of the pupil's educational programming may cause regression, when coupled with limited recoupment capacity, rendering it impossible or unlikely that the pupil will attain the level of self-sufficiency and independence that would otherwise be expected in view of his or her disabling condition. The lack of clear evidence of such factors may not be used to deny an individual an extended school year program if the IEP team determines the need for such a program and includes extended school year in the IEP pursuant to subdivision (e).

Outcome Rationale: The Shasta Union High School District is respectfully requesting to provide ESY services using a 15 day model of 5.5 hours of instructional time. Fewer ESY days will result in savings in the following areas: utilities, custodial, food services, payroll and clerical costs.

Student Population: 4500

City Type: Rural

Public Hearing Date: 3/2/2015

Public Hearing Advertised: Posted on the District and School web site and at the specific school

Local Board Approval Date: 4/21/2015

Community Council Reviewed By: Enterprise High School, School Site Council

Revised: 8/12/2015 9:42 AM

Extended School Year

Attachment 2

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Community Council Reviewed Date: 3/2/2015

Community Council Objection: N

Community Council Objection ExplanationAudit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Mr.TimothyCalkins

Position: Director of Special Education

E-mail:

Telephone: 530-241-3261 x10540

Fax: 530-245-2631

Bargaining Unit Date: 02/12/2015

Name: Shasta Secondary Education Association

Representative: Tom Roberts

Title: President

Position: Support

Comments:

Revised: 8/12/2015 9:42 AM