May 2012 Waiver Item W7 - Meeting Agendas (CA State Board of Education)

Algebra 1 Requirement

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California Department of Education
Executive Office
SBE-006 Specific (REV.10/2009) / ITEM #W-07

CALIFORNIA STATE BOARD OF EDUCATION

may2012 AGENDA
Specific Waiver

SUBJECT

Request by four local educational agencies to waive CaliforniaEducation Code Section 51224.5(b), the requirement that all students graduating in the 2011−12 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for 14special education students based on Education Code Section 56101, the special education waiver authority.
Waiver Numbers: ConejoValleyUnified School District 146-2-2012
Lindsay Unified School District 177-2-2012
Natomas Unified School District 141-2-2012
San Dieguito Union High School District
150-2-2012 /

Action

Consent

RECOMMENDATION

Approval Approval with conditions Denial

The California Department of Education (CDE) recommends that the State Board of Education (SBE) approve the request to waive only the requirement that 14 students successfully completea course in Algebra I (or its equivalent) for the 2011−12 graduating year.These students have met other course requirements stipulated by the governing board of the school district and CaliforniaEducation Code (EC) Section 51225.3 in order to receive a high school diploma. If these studentsdonot graduate in 2011−12, this waiver does not relieve the studentsof the responsibility to continue to attempt to successfully complete a course in Algebra I (or its equivalent) in 2012−13 as required by EC Section 51224.5.

SUMMARY OF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND ACTION

In 2000, EC Section 51224.5 was enacted to require students to complete a course in Algebra I, as a condition of receiving a high school diploma. The Algebra I requirement applied to students who were scheduled for graduation in 2003−04. All waiver requests of this type have been granted by the SBE for students with special needs.

SUMMARY OF KEY ISSUES

For the review of this waiver request, the local educational agencies (LEAs) provided the following documentation:

A valid, current copy of each student’s individualized education program (IEP) highlighting the areas of mathematics deficiencies and how the students’ needs in mathematics were addressed.

Selected pages from each student’s IEP from three previous years showing that the students were consistently on a diploma-track, and that the IEP was written to support the students’ participation in diploma-track math courses, particularly algebra.

The specific assistance the district provided to each student which included supplementary aids, services, accommodations, test modifications, and supports to attain the diploma-track goal, specifically, for the algebra requirement.

A copy of the transcript for each student highlighting attempts to pass algebra and pre-algebra classes.

An assessment summary that reports each student participated in the Standardized Testing and Reporting program and failed multiple attempts to meet graduation requirements related to the algebra requirement.

The above documentation was confidentially reviewed by more than one special education consultant. The LEAs documentation provided facts indicating that failure to approve these waiver requests would result in these students not meeting graduation requirements.

FISCAL ANALYSIS (AS APPROPRIATE)

There is no statewide fiscal impact of waiver approval.

ATTACHMENT(S)

Attachment 1:Summary Table (1 Page)

Attachment 2:ConejoValleyUnifiedSchool District - Specific Waiver Request

146-2-2012 for Algebra I Requirement (1 Page) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 3:Lindsay Unified School District- Specific Waiver Request 177-2-2012 for Algebra I Requirement (1 Page) (Original waiver request is signed and on file in the Waiver Office.)

ATTACHMENT(S) (Cont.)

Attachment 4:Natomas Unified School District- Specific Waiver Request 141-2-2012 for Algebra I Requirement (1 Page) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 5:San Dieguito Union High School District- Specific Waiver Request

150-2-2012 for Algebra I Requirement (1 Page) (Original waiver request is signed and on file in the Waiver Office.)

Revised: 4/16/2012 11:13 AM

Algebra 1 Requirement

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Attachment 1

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Waiver Number / Local Educational Agency / Demographics / Period of Request / Local Board Approval Date / Meets Streamlined Waiver Policy
146-2-2012 / ConejoValley Unified SD
Seven students / Conejo Valley Unified SD is located in an urban area in VenturaCounty with a student population of 21,091. / 8/24/2011 –
6/12/2012 / 2/22/2012 / Yes
API of 876
177-2-2012 / Lindsay Unified SD
One student / Lindsay Unified SD is located in a rural area in TulareCounty with a student population of 4,150. / 8/9/2011 – 6/1/2012 / 2/14/2012 / No
141-2-2012 / Natomas Unified SD
Five students / Natomas Unified SD is located in a rural area in SacramentoCounty with a student population of 12,350. / 8/16/2011 –
5/24/2012 / 2/21/2012 / No
150-2-2012 / San Dieguito Union HSD
One student / San Dieguito Union HSD is located in an urban area in San DiegoCounty with a student population of 12,401. / 8/30/2011 – 6/30/2012 / 2/16/2012 / Yes
API of 887

ASummary Table

Revised: 4/16/2012 11:13 AM

146-2-2012 Attachment 2

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CALIFORNIA DEPARTMENT OF EDUCATION Waiver ofAlgebra I Graduation

SPECIFIC WAIVER REQUEST Requirements for Pupils with Disabilities

AlGR-1 (Rev. 10-2-2009)

Send Original to: Send electronic copy in Word and

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

1430 N Street, Suite 5602

Sacramento, CA95814

CDS CODE
Local educational agency:
ConejoValley Unified School District / Contact name and recipient of approval/denial notice:
Margaret Saleh / Contact person’s e-mail address:

Address: (City) (State) (ZIP)
1400 E. Janss Road Thousand Oaks CA 91360 / Phone (and extension, if necessary):895-497-9511x222
Fax number:805-497-8058
Period of request: (month/day/year)
From: 8/24/2011 To: 6/12/2012 / Local board approval date or SELPA signature date (required)
2-22-2012
LEGAL CRITERIA

Authority for the waiver: X Specific code section: EC 56101

56101(a) Any district, special education local plan area, county office, or public education agency, as defined in Section 56500, may request the board to grant a waiver of any provision of this code or regulations adopted pursuant to that
provision if the waiver is necessary or beneficial to the content and implementation of the pupil's individualized education program and does not abrogate any right provided individuals with exceptional needs and their parents or guardians under…(IDEA)… or to the compliance of a district, special education local plan area, or county office with...(IDEA)…and federal regulations relating thereto.
(b) The board may grant, in whole or in part, any request pursuant to subdivision (a) when the facts indicate that failure to do so would hinder implementation of the pupil's individualized education program or compliance by a district, special education local plan area, or county office with federal mandates for a free, appropriate education for children or youth with disabilities.
Education Code or California Code of Regulations section to be waived.
51224.5 (a) The adopted course of study for grades 7 to 12, inclusive, shall include algebra as part of the mathematics area of study pursuant to subdivision (f) of Section 51220.
(b) Commencing with the 2003-04 school year and each year thereafter, at least one course, or a combination of the two courses, in mathematics required to be completed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.3 by pupils while in grades 9 to 12, inclusive, prior to receiving a diploma of graduation from high school, shallmeet or exceed the rigor of the content standards for Algebra I, as adopted by the State Board of Educationpursuant to Section 60605.
Desired outcome/rationale.
Request a waiver of the (above) Algebra I graduation requirement for____7_____ pupils with disabilities, who are seniors, and are otherwise eligible to graduate in the _2011-2012______school year under current statute.
District/County/SELPA Certification– I hereby certify that the information provided on this application is correct & complete.
Signature of Superintendent or Designee: / Title: / Date:
Signature of SELPA Director (only if a Special Education Waiver) / Date:
FOR CALIFORNIA DEPARTMENT OF EDUCATION USE ONLY
Staff Name (type or print): / Staff Signature: / Date:
Unit Manager (type or print): / Unit Manager Signature: / Date:
Division Director (type or print): / Division Director Signature: / Date:
Deputy (type or print): / Deputy Signature: / Date:

Revised: 4/16/2012 11:13 AM

177-2-2012 Attachment 3

Page 1 of 1

CALIFORNIA DEPARTMENT OF EDUCATION Waiver ofAlgebra I Graduation

SPECIFIC WAIVER REQUESTRequirements for Pupils with Disabilities

AlGR-1 (Rev. 10-2-2009)

Send Original to: Send electronic copy in Word and

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

1430 N Street, Suite 5602

Sacramento, CA95814

CDS CODE
5 / 4 / 7 / 1 / 9 / 9 / 3
Local educational agency:
Lindsay Unified School District / Contact name and recipient of approval/denial notice:
Russell Ernst / Contact person’s e-mail address:

Address: (City) (State) (ZIP)
1849 E. Tulare Rd. Lindsay CA. 93247 / Phone (and extension, if necessary):
559-562-5911
Fax number: 559-562-4291
Period of request: (month/day/year)
From: 8/9/11 To: 6/1/12 / Local board approval date or SELPA signature date (required)
February 14, 2012

LEGAL CRITERIA

Authority for the waiver: X Specific code section: EC 56101

56101(a) Any district, special education local plan area, county office, or public education agency, as defined in Section 56500, may request the board to grant a waiver of any provision of this code or regulations adopted pursuant to that
provision if the waiver is necessary or beneficial to the content and implementation of the pupil's individualized education program and does not abrogate any right provided individuals with exceptional needs and their parents or guardians under…(IDEA)… or to the compliance of a district, special education local plan area, or county office with...(IDEA)…and federal regulations relating thereto.
(b) The board may grant, in whole or in part, any request pursuant to subdivision (a) when the facts indicate that failure to do so would hinder implementation of the pupil's individualized education program or compliance by a district, special education local plan area, or county office with federal mandates for a free, appropriate education for children or youth with disabilities.
Education Code or California Code of Regulations section to be waived.
51224.5 (a) The adopted course of study for grades 7 to 12, inclusive, shall include algebra as part of the mathematics area of study pursuant to subdivision (f) of Section 51220.
(b) Commencing with the 2003-04 school year and each year thereafter, at least one course, or a combination of the two courses, in mathematics required to be completed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.3 by pupils while in grades 9 to 12, inclusive, prior to receiving a diploma of graduation from high school, shallmeet or exceed the rigor of the content standards for Algebra I, as adopted by the State Board of Educationpursuant to Section 60605.
Desired outcome/rationale.
Request a waiver of the (above) Algebra I graduation requirement for ID # 16084______pupils with disabilities, who are seniors, and are otherwise eligible to graduate in the __2011/2012_____ school year under current statute.
District/County/SELPA Certification– I hereby certify that the information provided on this application is correct & complete.
Signature of Superintendent or Designee: / Title: / Date:

Signature of SELPA Director (only if a Special Education Waiver)

/ Date:

FOR CALIFORNIA DEPARTMENT OF EDUCATION USE ONLY

Staff Name (type or print): / Staff Signature: / Date:
Unit Manager (type or print): / Unit Manager Signature: / Date:
Division Director (type or print): / Division Director Signature: / Date:
Deputy (type or print): / Deputy Signature: / Date:

Revised: 4/16/2012 11:13 AM

141-2-2012 Attachment 4

Page 1 of 1

CALIFORNIA DEPARTMENT OF EDUCATION Waiver ofAlgebra I Graduation

SPECIFIC WAIVER REQUESTRequirements for Pupils with Disabilities

AlGR-1 (Rev. 10-2-2009)

Send Original to: Send electronic copy in Word and

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

1430 N Street, Suite 5602

Sacramento, CA95814

CDS CODE
3 / 4 / 7 / 5 / 2 / 8 / 3
Local educational agency:
Natomas Unified School District / Contact name and recipient of approval/denial notice:
Julie Kehoe / Contact person’s e-mail address: jkehoe @natomas.k12.ca.us
Address: (City) (State) (ZIP)
1901 Arena Blvd. Sacramento CA 95834 / Phone (and extension, if necessary):
(916) 567-5434
Fax number:
(916) 567-5441
Period of request: (month/day/year)
From: 8/16/2011 To: 5/24/2012 / Local board approval date or SELPA signature date (required)
2/21/2012

LEGAL CRITERIA

Authority for the waiver: X Specific code section: EC 56101

56101(a) Any district, special education local plan area, county office, or public education agency, as defined in Section 56500, may request the board to grant a waiver of any provision of this code or regulations adopted pursuant to that
provision if the waiver is necessary or beneficial to the content and implementation of the pupil’s individualized education program and does not abrogate any right provided individuals with exceptional needs and their parents or guardians under…(IDEA)… or to the compliance of a district, special education local plan area, or county office with...(IDEA)…and federal regulations relating thereto.
(b) The board may grant, in whole or in part, any request pursuant to subdivision (a) when the facts indicate that failure to do so would hinder implementation of the pupil’s individualized education program or compliance by a district, special education local plan area, or county office with federal mandates for a free, appropriate education for children or youth with disabilities.
Education Code or California Code of Regulations section to be waived.
51224.5 (a) The adopted course of study for grades 7 to 12, inclusive, shall include algebra as part of the mathematics area of study pursuant to subdivision (f) of Section 51220.
(b) Commencing with the 2003-04 school year and each year thereafter, at least one course, or a combination of the two courses, in mathematics required to be completed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.3 by pupils while in grades 9 to 12, inclusive, prior to receiving a diploma of graduation from high school, shallmeet or exceed the rigor of the content standards for Algebra I, as adopted by the State Board of Educationpursuant to Section 60605.
Desired outcome/rationale.
Request a waiver of the (above) Algebra I graduation requirement for 5 pupils with disabilities, who are seniors, and are otherwise eligible to graduate in the 2011-2012 school year under current statute.
District/County/SELPA Certification– I hereby certify that the information provided on this application is correct & complete.
Signature of Superintendent or Designee:
Walt Hanline / Title: Interim Superintendent / Date:
2/22/2012

Signature of SELPA Director (only if a Special Education Waiver)

Judith Holsinger / Date:
2/21/2012

FOR CALIFORNIA DEPARTMENT OF EDUCATION USE ONLY

Revised: 4/16/2012 11:13 AM

150-2-2012 Attachment 5

Page 1 of 1

CALIFORNIA DEPARTMENT OF EDUCATION Waiver ofAlgebra I Graduation

SPECIFIC WAIVER REQUESTRequirements for Pupils with Disabilities

AlGR-1 (Rev. 10-2-2009)

Send Original to: Send electronic copy in Word and

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

1430 N Street, Suite 5602

Sacramento, CA95814

CDS CODE
Local educational agency:
San Dieguito Union High School District / Contact name and recipient of approval/denial notice:
May Manookian / Contact person’s e-mail address:
Address: (City) (State) (ZIP)
710 Encinitas Blvd, Encinitas, CA92024 / Phone (and extension, if necessary):
760-753-6491, ext 5557
Fax number: 760-634-0676
Period of request: (month/day/year)
From: 08/30/11 To: 06/30/12 / Local board approval date or SELPA signature date (required)
02/16/2012

LEGAL CRITERIA

Authority for the waiver: X Specific code section: EC 56101

56101(a) Any district, special education local plan area, county office, or public education agency, as defined in Section 56500, may request the board to grant a waiver of any provision of this code or regulations adopted pursuant to that
provision if the waiver is necessary or beneficial to the content and implementation of the pupil's individualized education program and does not abrogate any right provided individuals with exceptional needs and their parents or guardians under…(IDEA)… or to the compliance of a district, special education local plan area, or county office with...(IDEA)…and federal regulations relating thereto.
(b) The board may grant, in whole or in part, any request pursuant to subdivision (a) when the facts indicate that failure to do so would hinder implementation of the pupil's individualized education program or compliance by a district, special education local plan area, or county office with federal mandates for a free, appropriate education for children or youth with disabilities.
Education Code or California Code of Regulations section to be waived.
51224.5 (a) The adopted course of study for grades 7 to 12, inclusive, shall include algebra as part of the mathematics area of study pursuant to subdivision (f) of Section 51220.
(b) Commencing with the 2003-04 school year and each year thereafter, at least one course, or a combination of the two courses, in mathematics required to be completed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.3 by pupils while in grades 9 to 12, inclusive, prior to receiving a diploma of graduation from high school, shallmeet or exceed the rigor of the content standards for Algebra I, as adopted by the State Board of Educationpursuant to Section 60605.
Desired outcome/rationale.
Request a waiver of the (above) Algebra I graduation requirement for____1_____ pupils with disabilities, who are seniors, and are otherwise eligible to graduate in the _2011-2012______school year under current statute.
District/County/SELPA Certification– I hereby certify that the information provided on this application is correct & complete.
Signature of Superintendent or Designee: / Title: / Date:

Signature of SELPA Director (only if a Special Education Waiver)

/ Date:

FOR CALIFORNIA DEPARTMENT OF EDUCATION USE ONLY

Revised: 4/16/2012 11:13 AM