May 2012 Waiver Item W2 - Meeting Agendas (CA State Board of Education)

Streamlined Open Enrollment Waivers

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California Department of Education
Executive Office
SBE-005 General (REV. 08/2011) / ITEM #W-02

CALIFORNIA STATE BOARD OF EDUCATION

MAy 2012 AGENDA
General Waiver

SUBJECT

Request by ten local educational agencies to waive California Education Code Section 48352(a) and California Code of Regulations Title 5, Section 4701, to remove their schools from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.
Waiver Numbers: Capistrano Unified School District 15-1-2012
Caruthers Unified School District 37-12-2011
Conejo Valley Unified School District 95-1-2012
Conejo Valley Unified School District 96-1-2012
Evergreen Elementary School District 3-12-2011
Fortuna Union Elementary School District
32-11-2011
Newhall School District 85-12-2011
Pacific Union Elementary School District 24-1-2012
Rohnerville Elementary School District 1-1-2012
Red Bluff Union Elementary School District
33-1-2012
San Antonio Union Elementary School District
48-1-2012 /

Action

Consent

RECOMMENDATION

Approval Approval with conditions Denial

The California Department of Education (CDE) recommends approval of eleven waiver requests for schools on the 2012-13 Open Enrollment list (two requests are from Conejo Valley Unified School District) (Attachments 2 through 12) that meet the criteria for the State Board of Education (SBE) Streamlined Waiver Policy (available at http://www.cde.ca.gov/re/lr/wr/documents/sbestreamlined.doc). These waivers are recommended for approval on the condition that the local educational agencies (LEAs) granted this waiver must honor any transfer requests pursuant to the Open Enrollment Act. Granting these waivers would allow the schools to have their names removed from the 2012–13 Open Enrollment List. These waivers do not affect the standing of any other school, as each of these waivers is specific to the individual schools named in the attached waivers. Four of these requests (Caruthers Unified School District, Evergreen Elementary School District, Fortuna Union Elementary School District, and Newhall School District) were previously heard at the March 2012 SBE meeting. If no action is taken on these four requests, these waivers will automatically be approved for one year.

SUMMARY OF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND ACTION

This is the second time the SBE has heard requests from LEAs that meet the SBE streamlined waiver criteria to be removed from the 2012-13 Open Enrollment list. The SBE approved the streamlined waiver requests presented at the March 2012 meeting.

SUMMARY OF KEY ISSUES

The methodology used in creating the list of 1,000 lowest achieving schools, per the statute, resulted in some higher achieving schools being placed on the list while at the same time some schools with lower APIs were not included on the list. This was primarily due to the statutory provision that an LEA can have no more than 10 percent of its schools on the list.

Identification as a “low-achieving” school can have a significant educational, economic, and political impact on the school community. The label of “low-achieving” does not take into account the API scores for schools whose scores have risen or are maintained closer to the higher levels of achievement. The perception that the school is “low-achieving” may cause unwarranted flight from the school community and may negatively impact fiscal issues.

Because these are general waivers, if the SBE decides to deny either waiver, it must cite one of the seven reasons in EC Section 33051(a).

EC 33051(a) The State Board of Education shall approve any and all requests for waivers except in those cases where the board specifically finds any of the following:

(1) The educational needs of the pupils are not adequately addressed.

(2) The waiver affects a program that requires the existence of a schoolsite council and the schoolsite council did not approve the request.

(3) The appropriate councils or advisory committees, including bilingual advisory committees, did not have an adequate opportunity to review the request and the request did not include a written summary of any objections to the request by the councils or advisory committees.

(4) Pupil or school personnel protections are jeopardized.

(5) Guarantees of parental involvement are jeopardized.

(6) The request would substantially increase state costs.

(7) The exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, was not a participant in the development of the waiver.

Demographic Information: See each waiver request

Authority for Waiver: EC Section 33050

Period of request: See Attachment 1

SUMMARY OF KEY ISSUES (Cont.)

Period of recommendation: See Attachment 1

Local board approval date(s): See each waiver request

Public hearing held on date(s): See each waiver request

Bargaining unit(s) consulted on date(s): See Attachment 1

Public hearing advertised by (choose one or more): See each waiver request

Advisory committee(s) consulted: See each waiver request

FISCAL ANALYSIS (AS APPROPRIATE)

There is no statewide fiscal impact of waiver approval or denial.

ATTACHMENT(S)

Attachment 1: Chart of Schools Requesting a General Waiver from the 2012-13 Open Enrollment List (3 pages).

Attachment 2: Capistrano Unified School District General Waiver Request 15-1-2012 (3 pages) (Original waiver request is signed and on file in the Waiver Office).

Attachment 3: Caruthers Unified School District General Waiver Request 37-12-2011 (3 pages) (Original waiver request is signed and on file in the Waiver Office).

Attachment 4: Conejo Valley Unified School District General Waiver Request

95-1-2012 (2 pages) (Original waiver request is signed and on file in the Waiver Office).

Attachment 5: Conejo Valley Unified School District General Waiver Request

96-1-2012 (2 pages) (Original waiver request is signed and on file in the Waiver Office).

Attachment 6: Evergreen Elementary School District General Waiver Request

3-12-2011 (3 pages) (Original waiver request is signed and on file in the Waiver Office).

Attachment 7: Fortuna Union Elementary School District General Waiver Request

32-11-2011 (3 pages) (Original waiver request is signed and on file in the Waiver Office).

ATTACHMENT(S) (Cont.)

Attachment 8: Newhall School District General Waiver Request 85-12-2011 (3 pages) (Original waiver request is signed and on file in the Waiver Office).

Attachment 9: Pacific Union Elementary General Waiver Request 24-1-2012

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

Attachment 10: Rohnerville Elementary School District General Waiver Request

1-1-2012 (3 pages) (Original waiver request is signed and on file in the Waiver Office).

Attachment 11: Red Bluff Union Elementary School District General Waiver Request 33-1-2012 (2 pages) (Original waiver request is signed and on file in the Waiver Office).

Attachment 12: San Antonio Union Elementary School District General Waiver Request 48-1-2012 (3 pages) (Original waiver request is signed and on file in the Waiver Office).

Revised: 4/26/2012 8:00 AM

Streamlined Open Enrollment Waivers

Attachment 1

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Schools Requesting a General Waiver from the 2012-13 Open Enrollment List

Waiver # / County
District
School / 2011
District Growth API / 2011 School Growth API/Met Student Groups Growth Targets / Met API Growth Targets
(3 of last
5 yrs) / Meets SBE Waiver Policy (Yes/No) / Decile,
Similar Schools Rank / Current PI Status / Position of Bargaining Unit/Date Consulted / Period of Request / Recommended for Approval
(Yes/No) /
15-1-2012 / Orange
Capistrano Unified
Crown Valley Elementary / 875 / 798 / No / No / Yes / 6, 1 / Not Receiving Title 1 Funds / Support
12/16/2011 / Requested:
July 1, 2012 to
June 29, 2013
Recommended:
July 1, 2012 to
June 30, 2013 / Yes /
37-12-2011 / Fresno
Caruthers Unified
Caruthers Elementary / 761 / 776 / No / Yes / Yes / 4, 9 / Year 1 / Support
12/05/2011 / Requested:
July 1, 2012 to
June 30, 2013
Recommended:
July 1, 2012 to
June 30, 2013 / Yes /
95-1-2012 / Ventura
Conejo Valley Unified
Glenwood Elementary / 876 / 768 / Yes / No / Yes / 4, 5 / Year 1 / Support
12/07/2011
and
01/03/2012 / Requested:
July 1, 2012 to
June 29, 2013
Recommended:
July 1, 2012 to
June 30, 2013 / Yes /
96-1-2012 / Ventura
Conejo Valley Unified
Conejo Elementary / 876 / 758 / No / Yes / Yes / 5, 6 / Year 3 / Support
12/07/2011
and
01/03/2012 / Requested:
July 1, 2012 to
June 29, 2013
Recommended:
July 1, 2012 to
June 30, 2013 / Yes /

Prepared by the California Department of Education

Revised: 04/16/2012 8:47 AM

Waiver # / County
District
School / 2011
District Growth API / 2011 School Growth API/Met Student Groups Growth Targets / Met API Growth Targets
(3 of last
5 yrs) / Meets SBE Waiver Policy (Yes/No) / Decile,
Similar Schools Rank / Current PI Status / Position of Bargaining Unit/Date Consulted / Period of Request / Recommended for Approval
(Yes/No) /
3-12-2011 / Santa Clara
Evergreen Elementary
John J. Montgomery Elementary / 882 / 800 / No / No / Yes / 5, 6 / Year 1 / Support
11/28/2011 / Requested:
June 30, 2012 to
June 30, 2013
Recommended:
July 1, 2012 to
June 30, 2013 / Yes /
32-11-2011 / Humboldt
Fortuna Union Elementary
South Fortuna Elementary / 768 / 771 / Yes / Yes / Yes / 3, 4 / Year 2 / Neutral
11/02/2011 / Requested:
July 1, 2011 to
June 30, 2012
Recommended:
July 1, 2012 to
June 30, 2013 / Yes /
85-12-2011 / Los Angeles
Newhall
Newhall Elementary / 903 / 808 / No / No / Yes / 6, 8 / Year 1 / Support
11/14/2011 / Requested:
July 1, 2012 to
June 30, 2013
Recommended:
July 1, 2012 to
June 30, 2013 / Yes /
24-1-2012 / Humboldt
Pacific Union Elementary
Pacific Union Elementary / 808 / 801 / No / No / Yes / 5, 3 / Year 2 / Support 01/09/2012 / Requested:
July 1, 2011 to
June 30, 2012
Recommended:
July 1, 2012 to
June 30, 2013 / Yes /
1-1-2012 / Humbolt
Rohnerville Elementary
Norman G. Ambrosini Elementary / 802 / 799 / Yes / Yes / Yes / 5, 3 / Year 1 / Support
12/05/2011 / Requested:
July 1, 2011 to
June 30, 2012
Recommended:
July 1, 2012 to
June 30, 2013 / Yes /

Prepared by the California Department of Education

Revised: 04/16/2012 8:47 AM

Prepared by the California Department of Education

Revised: 04/16/2012 8:47 AM

Revised: 4/26/2012 8:00 AM

Streamlined Open Enrollment Waivers

Attachment 2

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CALIFORNIA DEPARTMENT OF EDUCATION

GENERAL WAIVER REQUEST First Time Waiver: X

GW-1 (Rev. 10-2-09) http://www.cde.ca.gov/re/lr/wr/ Renewal Waiver: ___

Send Original plus one copy to: Send Electronic copy in Word and

Waiver Office, California Department of Education back-up material to:

1430 N Street, Suite 5602

Sacramento, CA 95814

CD CODE
3 / 0 / 6 / 6 / 4 / 6 / 4
Local educational agency:
Capistrano Unified School District on behalf of Crown Valley Elementary School / Contact name and Title:
Julie Hatchel, Asst. Supt. Education / Contact person’s e-mail address:

Address: (City) (State) (ZIP)
33122 Valle Road San Juan Capistrano, CA 92675
/ Phone (and extension, if necessary):
(949) 234-9229
Fax Number:
(949) 489-0467
Period of request: (month/day/year)
From: 7/1/12 To: 6/29/13 / Local board approval date: (Required)
January 9, 2012 / Date of public hearing: (Required)
January 9, 2012

LEGAL CRITERIA

1. Under the general waiver authority of Education Code 33050-33053, the particular Education Code or California
Code of Regulations section(s) to be waived (number): 48352 Circle One: EC or CCR
Topic of the waiver: Open Enrollment Act
2. If this is a renewal of a previously approved waiver, please list Waiver Number: N/A and date of SBE Approval______
Renewals of waivers must be submitted two months before the active waiver expires.
3. Collective bargaining unit information. Does the district have any employee bargaining units? __ No _X_ Yes If yes,
please complete required information below:
Bargaining unit(s) consulted on date(s): 12-16-11
Name of bargaining unit and representative(s) consulted: Capistrano Unified Education Association, Vicki Soderberg, President
The position(s) of the bargaining unit(s): __ Neutral X Support __ Oppose (Please specify why)
Comments (if appropriate):
4. Public hearing requirement: A public hearing is not simply a board meeting, but a properly noticed public hearing held
during a board meeting at which time the public may testify on the waiver proposal. Distribution of local board agenda does
not constitute notice of a public hearing. Acceptable ways to advertise include: (1) print a notice that includes the time,
date, location, and subject of the hearing in a newspaper of general circulation; or (2) in small school districts, post a formal
notice at each school and three public places in the district.
How was the required public hearing advertised?
X Notice in a newspaper X Notice posted at each school X Other: (Please specify)Notification to community by website
5. Advisory committee or school site councils. Please identify the council(s) or committee that reviewed this waiver:
Date the committee/council reviewed the waiver request: 1-4-12
Were there any objection(s)? No _X__ Yes ___ (If there were objections please specify)

CALIFORNIA DEPARTMENT OF EDUCATION

GENERAL WAIVER REQUEST

GW-1 (10-2-09)

6. Education Code or California Code of Regulations section to be waived. If the request is to waive a portion of a section, type the text of the pertinent sentence of the law, or those exact phrases requested to be waived (use a strike out key).