Extended School Year

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California Department of Education
Executive Office
SBE-005 General (REV.04/2014) / ITEM #W-05

CALIFORNIA STATE BOARD OF EDUCATION

JULY 2015 AGENDA
General Waiver
SUBJECT
Request by fivelocal educational agencies 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 Numbers: El Centro ElementarySchool District 9-3-2015
Imperial County Office of Education 27-2-2015
Imperial County Office of Education28-2-2015
Lammersville Joint Unified School District 28-3-2015
Oceanside Unified School District 13-4-2015
South Bay Union School District 14-4-2015 /

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 recommends that the State Board of Education (SBE) approve the request from fiveLEAs to provide ESY services for fewer than 20 days with the condition that 60 instructional hours or more be provided to the preschool program, and80 instructional hours or more be provided to the K-Adult program.(A minimum of 76 hours of instruction may be provided to K-Adult if a holiday is included.) Also, special education and related services offered during the extended school 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, (5 CCR), Section 3043(d).

SUMMARY OF KEY ISSUES

El Centro Elementary School District (ECESD) proposes to provide ESY services utilizing a 16 day model at 4.75 hours per day. The proposed dates are June 15, 2015, through July 10, 2015. The District indicates that the proposed schedule contains the same number of required instructional minutes; however the four-day, 4.75 hour schedule allows for better alignment with the District summer hours and provides facility and transportation cost savings for the District.The proposed schedule would align with the summer schedule of Imperial County Office of Education, which is also requesting a similar waiver. ECESD houses the majority of the County operated classrooms and shares facilities at the Imperial Valley Center for Exceptional Children (IVCEC). Additionally, ECESD provides breakfast and lunch to the County operated programs in El Centro.This waiver is a renewal. The requirements of the previous waiver were met.

The Imperial County Office of Education (ICOE) Special Education Program proposes to provide ESY services utilizing a 16-day model at 4.75 hours per day. The proposed dates are June 15, 2015 through July 9, 2015. The District indicates that the proposed schedule contains the same number of required instructional minutes; however, the four-day, 4.75 hour schedule allows for better alignment with the ICOE summer hours, and provides facility and transportation cost savings for local districts.The proposed schedule and calendar would align with the summer schedule of El Centro Elementary School District (ECESD) which is requesting a similar waiver. ECESD houses the majority of the ICOE’s classrooms and is associated with the Imperial Valley Center for Exceptional Children (IVCEC). Additionally, ECESD provides breakfast and lunch to the ICOE’s El Centro based classrooms and IVCEC.This waiver is a renewal. The requirements of the previous waiver were met.

The Imperial County Office of Education (ICOE) located in the Brawley

Elementary School District (BESD) proposes to provide ESY services utilizing a 13-day model from June 22, 2015, through July 10, 2015. The schedule contains the same number of required instructional minutes; however, 12 days shall be at six hours a day, and one day, July 10, 2015, will be at four hours. The ICOE indicates that this waiver would align the ICOE and BESD special education schedule with the rest of the ICOE ESY programs schedule. This is necessary because BESD sites end its school year one week later than all other districts served by ICOE Special Education. Alignment of schedules will provide both ICOE and BESD with cost savings for transportation, facilities expenditures, and administrative personnel support. Additionally, BESD, which provides breakfast and lunch service during ESY for ICOE classrooms in the city of Brawley, will be implementing a similar calendar.

The Lammersville Joint Unified School District proposes to operate a four week ESY program for four days per week, five hours per day. The District will provide the same number of instructional hours (80 hours) as provided within the 20 instructional day calendar. The overall instructional time will remain the same, however, there will be a reduction in days of attendance to 16 days over a four week period. Additionally, this will maintain attendance above previous years, as the District has also identified a significant drop in attendance on Mondays and Fridays, as well as a reduction during the final week of the ESY program. This was particularly evident when the District offered a five week program and the instructional days extended beyond four weeks. Student learning will be maximized by modifying the ESY schedule to four days per week with extended daily time.

The Oceanside Unified School District is proposing to modify the traditional ESY program instruction model to a model of 16 days of five hours per day, equaling 80 hours of instruction. The District is committed to providing rigorous, high quality instruction and integrated service delivery for the identified special education students to meet their IEP goals.This waiver is a renewal. The requirements of the previous waiver were met.

The South Bay Union School District proposes a 14-day ESY program with 5.75 hours per day of instructional hours. The District has approximately 246 students with IEPs who qualify for ESY.The District does not have a regular summer school program. The District modified its school calendar last school year to align with the area secondary schools which created a shorter time between school years. This shortened period provides only 30 days to hold an ESY session. The District proposes to provide the

14-day ESY program from June 15, 2015, through July 2, 2015. This ESY schedule,combined with the shortened summer break, would still allow the District to address the regression and recoupment needs of identified students. An additional benefit would be a greater likelihood that the students’ teachers and aides will choose to work the shortened schedule.For the purposes of reimbursement for average daily attendance, the proposed 14-day ESY programwill provide the same amount of reimbursement as the typical 20-dayESY program. Additionally, the longer instructional day can provide a greater opportunity for instructional impact; and fewer school days may save operational and transportation costs.

For the purposes of reimbursement for average daily attendance, an ESY program:

  • Must provide instruction of at least as many minutes over the shorter period as would have been provided during a typical 20-day program;
  • Must be the same length of time as the school day for pupils of the same age level attending summer school in the district in which the extended year program is provided, but not less than the minimum school day for that age unless otherwise specified in the individualized education program (IEP) to meet a pupil's unique needs; and
  • Must offer special education and related services during the extended year period that are comparable in standards, scope, and quality to the special education program offered during the regular academic year

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 (3pages)

Attachment 2:El Centro Elementary School District General Waiver Request

9-3-2015(2 pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 3:ImperialCounty Office of Education General Waiver Request

27-2-2015 (2 pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 4:Imperial County Office of Education General Waiver Request

28-2-2015(2 pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 5:Lammersville Joint Unified School District General Waiver Request

28-3-2015 (2 pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 6:Oceanside Unified School District General Waiver Request 13-4-2015 (2 pages).(Original waiver request is signed and on file in the Waiver Office.)

Attachment 7:South Bay Union School District General Waiver Request 14-4-2015

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

Revised: 6/26/2015 9:54 AM

Extended School Year

Attachment 1

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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
9-3-2015 / El Centro Elementary School District / Requested:
6/15/2015
to
7/10/2015
Recommended: 6/15/2015
to
7/10/2015 / Student population:614
Area:Rural
County:Imperial / 3/10/2015 / El Centro Elementary School Teachers Association,Shealynn BarkerPresident 2/4/2015
Support / Posting in a newspaper / Schoolsite Council
3/10/2015
No objection

Revised: 6/26/2015 9:54 AM

Extended School Year

Attachment 1

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27-2-2015 / Imperial County Office of Education / Requested:
6/15/2015
to
7/9/2015
Recommended:
6/15/2015
to
7/9/2015 / Student population:489
Area: Rural
County:Imperial / 2/10/2015 / Imperial County Office of Education Teachers Association (ICOETA), Yolanda BenitoPresident 1/29/2015
Support / Posted in the Imperial Valley Press, Notice at the District Office / Imperial Valley Center for Exceptional Children Schoolsite Council 2/24/2015
No objection

Revised: 6/26/2015 9:54 AM

Nonclassroom-Based Funding Determination Request Deadline

Attachment 1

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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
28-2-2015 / Imperial County Office of Education (Brawley Elementary School District) / Requested:
6/22/2015
to
7/10/2015
Recommended:
6/22/2015
to
7/10/2015 / Student population: 489
Area:Rural
County:Imperial / 2/10/2015 / California Schools Employee Association (CSEA),
Ruby Tagaban President
1/29/2015
Support
Imperial County Office of Education Teachers Association (ICOETA),
Yolanda Benito President
1/29/2015
Support / Posted in the Imperial Valley Press, Notice at the District Office / Imperial Valley Center for Exceptional Children Schoolsite Council 2/24/2015
No objection
28-3-2015 / Lammersville Joint Unified School District / Requested:
6/9/2015
to
7/2/2015
Recommended:
6/9/2015
to
7/2/2015 / Student population:15
Area:Rural
County:San Joaquin / Local Board:
3/18/2015
Public Hearing:
3/13/2015 / Lammersville Teachers Association,
Make HerronPresident
3/13/2015
Support / District office flyer, testing center, during local board meeting / Schoolsite Council
3/18/2015
No Objection

Revised: 6/26/2015 9:54 AM

Nonclassroom-Based Funding Determination Request Deadline

Attachment 1

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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
13-4-2015 / Oceanside Unified School District / Requested:
6/15/2015
to
7/10/2015
Recommended:
6/15/2015
to
7/10/2015 / Student population:19,298
Area:Suburban
County: San Diego / 3/10/2015 / California School Employees Association, Deborah Kelly President
4/16/2015
Support
Oceanside Teachers Association, Terrance Hart President
1/23/2015
Neutral / Posted at each school and at the District Office / Extended Cabinet, Department Chairs from Special Education Teams
1/19/2015
No Objection
14-4-2015 / South Bay Union School District / Requested:
6/15/2015
to
7/2/2015
Recommended:
6/15/2015
to
7/2/2015 / Student population:7,740
Area:Small
County: San Diego / 4/16/2015 / California School Employees Association, Chapter 59,
Beth Gillen, President
4/7/2015
Support
South West Teachers Association, Lorie Garcia, President
3/17/2015
Support / Posted at each school and at the District Office / District Advisory Committee
4/7/2015
No Objection

Created by California Department of Education

May 18, 2015

Revised: 6/26/2015 9:54 AM

Extended School Year

Attachment 2

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 1363123Waiver Number: 9-3-2015Active Year: 2015

Date In: 3/11/2015 5:01:52 PM

Local Education Agency: El Centro Elementary School District

Address: 1256 Broadway

El Centro, CA92243

Start: 6/15/2015 End: 7/10/2015

Waiver Renewal: Y

Previous Waiver Number: 8-3-2014-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, 3043(d)

Ed Code Authority: 33050

Ed Code or CCR to Waive: 3043 Extended school year services shall be provided 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 handicaps 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 handicapping condition. The lack of clear evidence of such factors may not be used to deny an individual an extended school year program if the individualized education program team determines the need for such a program and includes extended school year in the individualized education program pursuant to subsection (f).

(a) Extended year special education and related services shall be provided by a school district, special education local plan area, or county office offering programs during the regular academic year.

(b) Individuals with exceptional needs who may require an extended school year are those who: (1) Are placed in special classes or centers; or (2) Are individuals with exceptional needs whose individualized education programs specify an extended year program as determined by the individualized education program team.

(c) The term “extended year” as used in this section means the period of time between the close of one academic year and the beginning of the succeeding academic year. The term “academic year” as used in this section means that portion of the school year during which the regular day school is maintained, which period must include not less than the number of days required to entitle the district, special education services region, or county office to apportionments of state funds.

[(d) An extended year program shall be provided for a minimum of 20 instructional days, including holidays]

Outcome Rationale: ECESD is requesting a waiver to CCR, Title 5, 3043(d). Title 5 California Code of Regulation 3043(d) requires, “An extended year program shall be provided for a minimum of 20 instructional days, including holidays.” If approved, the waiver will allow operation of a 16 day Extended School Year program at 4.75 hours per day. The proposed dates are June 15, 2015 through July 9th, 2015. The proposed schedule contains the same number of required instructional minutes; however the four-day, 4.75 hour schedule allows for better alignment with the District summer hours, and provides facility and transportation cost savings for the District. Additionally, this proposed schedule and calendar would align with the summer schedule of Imperial County Office of Education (ICOE), who is also requesting a similar waiver. ECESD houses the majority of the County operated classrooms, and shares facilities at the Imperial Valley Center for Exceptional Children (IVCEC). ECESD also provides breakfast and lunch to the County operated programs in El Centro, so alternate arrangements for the school breakfast and lunch program would not have to be made if the District days of operation are in alignment with the ICOE programs.

Student Population: 614

City Type: Rural

Public Hearing Date: 3/10/2015

Public Hearing Advertised: Notice in the Newspaper

Local Board Approval Date: 3/10/2015

Community Council Reviewed By: School Site Council

Community Council Reviewed Date: 3/10/2015

Community Council Objection: N

Community Council Objection Explanation:

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Extended School Year

Attachment 2

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Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms.JaniceLau

Position: Director, Special Education & Student Services

E-mail:

Revised: 6/26/2015 9:54 AM

Extended School Year

Attachment 3

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Telephone: 760-352-5712 x534

Fax: 760-370-3221

Bargaining Unit Date: 02/04/2015

Name: El Centro Elementary Teachers Association

Representative: Shealynn Barker

Title: ECETA President

Position: Support

Comments:

Revised: 6/26/2015 9:54 AM

Extended School Year

Attachment 3

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 1310132Waiver Number: 27-2-2015Active Year: 2015

Date In: 2/26/2015 1:56:20 PM

Local Education Agency: Imperial County Office of Education

Address: 1398 Sperber Rd.

El Centro, CA92243

Start: 6/15/2015 End: 7/9/2015

Waiver Renewal: Y

Previous Waiver Number: 90-2-2014 Previous SBE Approval Date: 5/8/2014