Extended School Year

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California Department of Education
Executive Office
SBE-005 General (REV. 08/2014) / ITEM #W-04

CALIFORNIA STATE BOARD OF EDUCATION

JULY 2016 AGENDA
General Waiver
SUBJECT
Request by four local educational agencies to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance for an extended school year (summer school) for special education students.
Waiver Numbers: El Centro Elementary School District 8-3-2016
Hanford Elementary School District 12-3-2016
Imperial County Office of Education 6-4-2016
Imperial County Office of Education 7-4-2016
South Bay Union School District 31-3-2016 /

Action

Consent

SUMMARY OF THE ISSUES

Four 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 four LEAs to provide ESY services for fewer than 20 days with the condition that instructional hours are consistent with those provided to the general education enrollment at the same grade level unless their 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 El Centro Elementary School District (ECESD) 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 calendar, including holidays. The ECESD believes that an increase in daily instructional time over a period of 16 days will result in educational benefit for students. The proposed schedule contains the same amount of required instructional time; and will align better with the District’s summer hours. It will also provide facility and transportation cost savings for the District.

The Hanford Elementary School District (HESD) proposes to provide ESY services utilizing a 14 day model of five and three-quarter hours of instruction per day. This proposal provides the same number of instructional hours equal to the traditional 20 day calendar, and an opportunity for special education staff to participate in staff development which occurs during the summer. The HESD is located in the San Joaquin Valley which is a rural community. In the latter part of the summer, the heat can soar to above 110 degrees, causing the afternoons to be unbearable. These hot summer days can be difficult for students to actively participate in learning because of the heat and bad air quality, especially for those students with significant disabilities.

The Imperial County Office of Education (ICOE) submitted two separate waivers for the provision of ESY services to students. The proposal is to provide ESY services to the students served at Brawley Elementary School District and Calexico Unified School District sites utilizing a 15 day model of five and a half hours of instruction per day

(6-4-2016). The proposed ESY schedule for the sites located in the Brawley High School District, Central High School District, El Centro Elementary School District, Imperial Valley Center for Exceptional Children, and Imperial Unified School District is to utilize a 17 day model over a four week period of four and three-quarter hours per day (7-4-2016). Both schedules provide the same number of instructional hours as the traditional 20 day calendar, including holidays. The ICOE believes the proposed models will provide more continuity for delivery of instruction between general education and special education, and will allow special education students to participate in their educational experience with their non-disabled peers. The proposed schedules help facilitate cost effective services between classrooms, and will reduce related costs for transportation, utilities, etc.

The South Bay Union School District proposes to provide ESY services to identified special education students utilizing a 15 day schedule with five and three-quarter hours of instruction per day. This schedule provides the same amount of instruction as the traditional ESY schedule of twenty days with four hours of instruction. The District does not have a regular summer school program, and has a modified school calendar that aligns with the area secondary schools which provides only 30 days between school years. The proposed shortened ESY schedule would still allow the District to address the regression and recoupment needs of identified students, and can provide a greater opportunity for instructional impact. Fewer ESY days will also reduce related costs for transportation, utilities, etc.

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

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=33051.

SUMMARY OF PREVIOUS STATE BOARD 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 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 (5 pages)

Attachment 2:El Centro Elementary School District General Waiver Request

8-3-2016 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 3:Hanford Elementary School District General Waiver Request

12-3-2016 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 4: Imperial County Office of Education General Waiver Request 6-4-2016 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 5: Imperial County Office of Education General Waiver Request 7-4-2016

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

Attachment 6: South Bay Union School District General Waiver Request

31-3-2016 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

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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
8-3-2016 / El Centro Elementary School District / Requested:
June 14, 2016
to
July 8, 2016
Recommended: June 14, 2016
to
July 8, 2016
16 days at 4.75 hours/day
76 hours total / Student population: 645
Area: Rural
County: Imperial / 3/8/2016 / El Centro Elementary Teachers Association,
Shealynn Barker
President
2/11/2016
Support / Notice posted in newspaper / Schoolsite Council 2/23/2016
No objection

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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
12-3-2016 / Hanford Elementary School District / Requested:
June 13, 2016
to
June 30, 2016
Recommended: June 13, 2016
to
June 30, 2016
14 days at 5.75 hours/day
80.5 hours total / Student population: 364
Area: Rural
County: Kings / 3/9/2016 / California School Employees Association, #344
Ron Riso
President
1/25/2016
Support / Notice posted in the Hanford Sentinel newspaper and on the Board agenda / Hanford Elementary School District Board of Trustees
3/9/2016
No objection

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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
6-4-2016 / Imperial County Office of Education
(Brawley Elementary School District and Calexico Unified School District sites) / Requested:
June 13, 2016
to
July 8, 2016
Recommended: June 13, 2016
to
July 8, 2016
15 days at 5.5 hours/day
82.5 hours total / Student population: 350
Area: Rural
County: Imperial / 3/14/2016 / Classified School Employees Association,
Ruby Tagaban
President
2/29/2016
Support
Imperial County Office of Education Teachers Association,
Barbara McAndrews
President 2/29/2016
Support / Notice posted at each school and on the District Web page / Schoolsite Council
3/8/2016
No objection

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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
7-4-2016 / Imperial County Office of Education
(Brawley High School District, Central High School District, El Centro Elementary School District, Imperial Valley Center for Exceptional Children, Imperial Unified sites) / Requested:
June 13, 2016
to
July 8, 2016
Recommended: June 13, 2016
to
July 8, 2016
17 days at 4.75 hours/day
80.75 hours total / Student population: 350
Area: Rural
County: Imperial / 3/14/2016 / Classified School Employees Association,
Ruby Tagaban
President
2/29/2016
Support
Imperial County Office of Education Teachers Association,
Barbara McAndrews
President 2/29/2016
Support / Notice posted at each school and on the District Web page / Schoolsite Council
3/8/2016
No objection

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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
31-3-2016 / South Bay Union School District / Requested:
June 13, 2016
to
July 1, 2016
Recommended:
June 13, 2016
to
July 1, 2016
15 days at 5.75 hours/day
86.25 hours total / Student population: 8,260
Area: Urban
County: San Diego / 2/11/2016 / California School Employees Association, Chapter 59
Beth Gillen
President 2/4/2016
Support
South West Teachers Association,
Lorie Garcia
President
2/4/2016
Support / Notice posted at each school and at the District office / District Advisory Committee 3/7/2016
No objection

Created by the California Department of Education

April 26, 2016

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Extended School Year

Attachment 2

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 1363123Waiver Number: 8-3-2016Active Year: 2016

Date In: 3/9/2016 5:15:03 PM

Local Education Agency: El Centro Elementary School District

Address: 1256 Broadway

El Centro, CA 92243

Start: 6/14/2016 End: 7/8/2016

Waiver Renewal: Y

Previous Waiver Number: 9-3-2015-W-05 Previous SBE Approval Date: 7/8/2015

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: 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.

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Attachment 2

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(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 14, 2016 through July 8, 2016. 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: 645

City Type: Rural

Public Hearing Date: 3/8/2016

Public Hearing Advertised: Notice was in the local newspaper

Local Board Approval Date: 3/8/2016

Community Council Reviewed By: School Site Council

Community Council Reviewed Date: 2/23/2016

Community Council Objection: N

Community Council Objection Explanation:

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Attachment 2

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Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms. Janice Lau

Position: Director, Special Education & Student Services

E-mail:

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Attachment 2

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Telephone: 760-352-5712 x8534

Fax: 760-370-3221

Bargaining Unit Date: 02/11/2016

Name: El Centro Elementary Teachers Association

Representative: Shealynn Barker

Title: ECETA President

Position: Support

Comments:

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Attachment 2

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Attachment 3

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 1663917Waiver Number: 12-3-2016Active Year: 2016

Date In: 3/11/2016 2:19:26 PM

Local Education Agency: Hanford Elementary School District

Address: 714 North White St.

Hanford, CA 93230

Start: 6/13/2016End: 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: CCR 3043(d)

Ed Code Authority: 33050

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

Outcome Rationale: We are located in the San Joaquin Valley in a rural community. In the later part of the summer, the heat can soar to above 110 degrees, causing the afternoons to be unbearable. These hot summer days can be difficult for students to actively participate in learning with such heat. Not to mention when the Air Quality Index is in the unhealthy range, especially for our students with significant disabilities. In addition, the heat causes a great strain on already overworked air conditioning units. Over the course of the past five year, we have seen a dramatic decrease in the number of students who begin the program and remain during the duration of the program. When inquiring with parents as to why their children drop out of ESY, many respond that the program is too long or that the heat is too much for their children. Finally, qualified staff to teach our mild to moderate and moderate to severe student population is limited. With such limited staff, they are often left with little opportunity to participate in district offered professional development that takes place during the summer months, as they are teaching in the ESY program. This restricts professional development opportunities to our special education staff, which they so deeply desire.

As such, the District is requesting that the waiver be approved to allow the our ESY to operate from June 13 - June 30 from 8:00 a.m. - 1:45 p.m. This meets the required 80 hours of instruction. As well, allows that the program not run into the hotter summer months. It also will reduce the attrition of student attendance and provide special education teachers an opportunity to attend professional development provided by the district throughout the months of July and August.

Student Population: 364

City Type: Rural

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Attachment 3

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Public Hearing Date: 3/9/2016

Public Hearing Advertised: Local Newspaper-Hanford Sentinel (2-23-16)/Board Agenda (Posted Publically (3-4-16)

Local Board Approval Date: 3/9/2016

Community Council Reviewed By: Hanford Elementary School District Board of Trustees

Community Council Reviewed Date: 3/9/2016

Community Council Objection: N

Community Council Objection Explanation:

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Attachment 3

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Audit Penalty YN: N

Categorical Program Monitoring: N