November 2012 CommunityDay School Waivers
Page 2 of 4
California Department of EducationExecutive Office
SBE-005 General (REV. 08/2011) / ITEM #W-07
CALIFORNIA STATE BOARD OF EDUCATION
November 2012 AGENDA
General Waiver
SUBJECT
Request by four districts, under the authority of CaliforniaEducation Code Section 33050, to waive portions of CaliforniaEducation Code sections 48660 and 48916.1(d) relating to the allowable grade spans for community day schools and/or CaliforniaEducation Code Section 48661 relating to the colocation of a community day school with other types of schools.
Waiver Numbers: Barstow Unified School District10-7-2012
MilpitasUnified School District8-7-2012
Palo Verde Unified School District 29-5-2012
TehamaCounty Office of Education19-7-2012 / Action
Consent
RECOMMENDATION
Approval Approval with conditions Denial
The California Department of Education (CDE) recommends approval that the colocation limitations for the following community day schools (CDS) be waived subject to the conditions stated in the findings below:
- The Barstow Unified School District (USD) is requesting a renewal waiver (Waiver Number 10-7-2012) to permit the colocation of School of Opportunity, a CDS, on the same site as CentralHigh School, a continuation high school, upon a two-thirds vote of the local board. They have had no negative interactions in the past year.
- The Milpitas USD is requesting a waiver (Waiver Number 8-7-2012) to permit the colocation of Milpitas CDS, on the same site as CalaverasHillsContinuationHigh School, upon a two-thirds vote of the local board.
- The Palo Verde USD is requesting a renewal waiver (Waiver Number 29-5-2012) to permit the colocation of a CDS on the same site as TwinPalmsAlternativeHigh School and a Junior Reserve Officers' Training Corps, upon a two-thirds vote of the local board. They have had no negative interactions in the past year.
The CDE recommends approval that the grade span limitations for the following CDS be waived subject to the conditions stated in the findings below:
- The Tehama County Office of Education(COE) is requesting a waiver (Waiver Number 19-7-2012) to permit a CDS to serve students in grades one through twelve, inclusive.
SUMMARY OF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND ACTION
The State Board of Education (SBE) has approved several similar requests in the past to allow the colocation of a CDS with another school when the CDS could not be located separately and the district has been able to provide for the separation of students from the other schools. The SBE has also approved previous waiver requests to expand the allowable grade span for a CDS to best serve its students when it was not feasible for the district to operate two separate schools.
SUMMARY OF KEY ISSUES11/13/2018 8:45 PM
November 2012 CommunityDay School Waivers
Page 4 of 4
The California Education Code (EC) Section 48661(a) authorizes a small school district with 2,500 or fewer students to waive the separation requirement based on an annual certification by at least two-thirds of the local board that separate alternative facilities are not available. The Barstow USD serves 5,853 students. The Milpitas USD serves 9,870 students. The Palo Verde USD serves 3,471 students. These waivers, if approved, would allow these districts the same local determination option as a smaller district.
Given the extremely challenging fiscal environment presently facing all California
schools, some districts are finding that they do not have the resources to operate a CDS at a fully separate location.
Each of the districts seeking a colocation waiver has selected these sites to avoid any interaction with students on traditional school campuses. Separation is maintained through means that include combinations of the use of fencing and other physical barriers, open space between the schools through which any student transit would be observed, separate arrival and departure points, different arrival and departure times, different break and lunch times, separate restrooms, and the presence of campus monitors.
The EC sections 48660 and 48916.1(d) provide, respectively, for the allowable grade spans of CDSs and educational services for expelled students. The EC Section 48916.1(a) requires school districts to ensure that each of their expelled students be provided an educational program during the period of expulsion.
The EC Section 48660 provides that a CDS may serve pupils in any of kindergarten and grades one to six, inclusive, or any of grades seven to twelve, inclusive, or the same or lesser included range of grades as may be found in any individual middle or junior high school operated by the district. It further provides that if a school district is organized as a district that serves kindergarten through grade eight (K–8), inclusive, but no higher grades, the governing board of the school district may establish a CDS for any of K–8, inclusive, upon a two-thirds vote of the board.
The Tehama COEdoes not expect more than a small number of students to be enrolled in the CDS, which means it is not fiscally feasible to operate two CDSs, one for students up to grade six, and a second for grades seven and above. At the same time, they recognize their responsibility to ensure that educational placements are available for expelled and other high-risk students. Additionally, it is difficult to predict when and if a student in any specific grade level will need to be served in a CDS. This means that at any given time, all of the students might be in elementary grades, middle grades, or any combination of these grades—just as at any time it is equally possible that no student in any one of these grade spans might be enrolled.
In order to ensure that students receive adequate academic support despite the wider span of grades, the Tehama COEhas committed to provide grade level appropriate mentor teacher support to CDS teachers who are teaching beyond their normal grade spans.
Because this is a general waiver, if the SBE decides to deny the waiver, it must cite one of the seven reasons in EC Section 33051(a),available at .
Demographic Information: See Attachment 1
Authority for Waiver:EC Section 33050
Period of request: See Attachment 1
Local board approval date(s): See Attachment 1
Public hearing held on date(s): See Attachment 1
Bargaining unit(s) consulted on date(s): See Attachment 1
Name of bargaining unit/representative(s) consulted: See Attachment 1
Position of bargaining unit(s) (choose only one): See Attachment 1
Neutral Support Oppose:
Advisory committee(s) consulted: See Attachment 1
Objections raised (choose one): See Attachment 1
None Objections are as follows:
Date(s) consulted: See Attachment 1
FISCAL ANALYSIS (AS APPROPRIATE)There is no statewide fiscal impact of Waiver approval.
ATTACHMENT(S)Attachment 1: List of Waiver Numbers, Districts, and Information Regarding Each
Waiver (2 pages)
Attachment 2: BarstowUnified School District General Waiver Request 10-7-2012
(3 pages) (Original Waiver request is signed and on file in the Waiver Office.)
Attachment 3: Milpitas Unified School District General Waiver Request 8-7-2012 (6 pages) (Original Waiver request is signed and on file in the Waiver Office.)
Attachment 4: Palo Verde Unified School District General Waiver Request 29-5-2012
(4 pages) (Original Waiver request is signed and on file in the Waiver Office.)
Attachment 5: TehamaCounty Office of Education General Waiver Request 19-7-2012 (3 pages) (Original Waiver request is signed and on file in the Waiver Office.)
11/13/2018 8:45 PM
November 2012 CommunityDay School Waivers
Page 4 of 4
CommunityDaySchoolState Board of Education Waivers for November 2012
11/13/2018 8:45 PM
Attachment 1
Page 2 of 2
Waiver Number / District Name, Size of District and Approval Date / Grade Span Requested (if waiver of EC sections 48660 and 48916.1(d)) / Type(s) of School(s) with which CommunityDay School will be Colocated (if waiver of ECSection 48661(a)) / Period of Request / Renewal Waiver? / If granted this waiver will be "permanent" per EC Section 33501(b) / Certificated Bargaining Unit Name and Representative, Position and Date of Action / Advisory Committee/School Site Council Name, Date of Review and any Objections10-7-2012 / Barstow Unified School District (USD)
5,853 Total Students
June 12, 2012 / ContinuationHigh School / Requested:
August 1, 2012, through
July31, 2013
Recommended:
August 1, 2012, through
June 12, 2013 / YES
No negative interactions in past year / NO / Barstow Education Association (BEA) (Candice Michelson)
and
Classified Services Education Association (CSEA)
(Diane Patty)
Support
BEA: June 11, 2012 CSEA: June 12, 2012
/ District Parent Advisory Committee
June 12, 2012
No objections
8-7-2012 / MilpitasUSD
9,870 Total Students
July 10, 2012 / ContinuationHigh School / Requested:
August 1, 2012, through
July 31, 2013
Recommended:
August 1, 2012, through
July 31, 2013 / NO / NO / Milpitas Teachers Asociation
(Larry Whelan)
CSEA,
Chapter 281
(Machelle Kessinger)
Support
June 12, 2012 / School Site Council
June 15, 2012
No objections
Waiver Number / District Name, Size of District and Approval Date / Grade Span Requested (if waiver of EC sections 48660 and 48916.1(d)) / Type(s) of School(s) with which CommunityDay School will be Colocated (if waiver of ECSection 48661(a)) / Period of Request / Renewal Waiver? / If granted this waiver will be "permanent" per EC Section 33501(b) / Certificated Bargaining Unit Name and Representative, Position and Date of Action / Advisory Committee/School Site Council Name, Date of Review and any Objections
29-5-2012 / Palo Verde USD
3,471 Total Students
May 15, 2012 / AlternativeHigh School / Requested:
July 1, 2012, through
June 30, 2013
Recommended:
July 2, 2012, through
June 30, 2013 / YES
No negative interactions in past year / NO / Palo Verde Teachers Association
(Mary Roberson)
Neutral
May 9, 2012 / Twin Palms Site Council
August 8, 2012
No objections
19-7-2012 / TehamaCounty Office of Education
187 Total Students
August 15, 2012 / Grades one through twelve; maximum of six students in community day school (CDS); very small rural county; small numbers and unpredictability as to grade levels of CDS students enrolled at any time, so that fiscally unable to support two small schools / Requested:
July 1, 2012, through
June 30, 2013
Recommended:July 1, 2012, through
July 31, 2013 / NO / NO / TehamaCounty Certificated Teachers Association (TCCEA)
(Brian Osak)
CSEA, Chapter 408
(Rhonda Latham and Joan Nevarez)
TCCEA: Neutral August 6, 2012
CSEA: Support
August 8, 2012 / LincolnStreetSchool Site Council
August 6, 2012
No objections
11/13/2018 8:45 PM
Attachment 2
Page 1 of 3
CALIFORNIA DEPARTMENT OF EDUCATION
GENERAL WAIVER REQUESTFirst Time Waiver:_ __
GW-1 (Rev. 10-2-09) Renewal Waiver:_X__
Send Original plus one copy to: Send Electronic copy in Word and
Waiver Office, California Department of Educationback-up material to:
1430 N Street, Suite 5602
Sacramento, CA95814
CD CODE3 / 6 / 6 / 7 / 6 / 1 / 1
Local educational agency:
Barstow Unified School District / Contact name and Title:
Joni James; Director II Pupil Services / Contact person’s e-mail address:
Address: (City) (State) (ZIP)
551 South Avenue H Barstow CA 92311 / Phone (and extension, if necessary):
760-255-6032
Fax Number: 760-2556319
Period of request: (month/day/year)
From: August 1,2012 To: July 31,2013 / Local board approval date: (Required)
June 12, 2012 / Date of public hearing: (Required)
June 12, 2012
LEGAL CRITERIA
1. Under the general waiver authority of Education Code 33050-33053, the particular Education Code or CaliforniaCode of Regulations section(s) to be waived(number): Circle One: EC or CCR
Topic of the waiver: 48661. Co- Location of the CDS with a ContinuationHigh School
2. If this is a renewal of a previously approved waiver, please list Waiver Number: _4-6-2011__ and date of SBE Approval_09/08/11_____
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): Barstow Education Association: June 11, 2012 and Classified Services Education Association June 12, 2012
Name of bargaining unit and representative(s) consulted: Candice Michelson (BEA President) and Diane Patty (CSEA President)
The position(s) of the bargaining unit(s): __ Neutral _ _ Support __ Oppose (Please specify why)
Comments (if appropriate): The program was successful at this location this school year and should remain in place.
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?
___ Notice in a newspaper __X_ Notice posted at each school ___ Other: (Please specify)
- Advisory committee or school site councils.Please identify the council(s) or committee that reviewed this waiver:
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)
- 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).
(1) When the governing board of a school district with 2,500 or fewer units of average daily attendance reported for the most recent second principal apportionment certifies by a two-thirds vote of its membership that satisfactory alternative facilities are not available for a community day school.
(b) A certification made pursuant to this section is valid for not more than one school year and may be renewed by a subsequent two-thirds vote of the governing board.
- Desired outcome/rationale. Describe briefly the circumstances that brought about the request and why the waiver is necessary to achieve improved student performance and/or streamline or facilitate local agency operations. If more space is needed, please attach additional pages.
- Demographic Information:
Is this waiver associated with an apportionment related audit penalty? (per EC 41344) No X Yes
(If yes, please attach explanation or copy of audit finding)
Has there been a Categorical Program Monitoring (CPM) finding on this issue? No X Yes
(If yes, please attach explanation or copy of CPM finding)
District or CountyCertification – I hereby certify that the information provided on this application is correct and complete.
Signature of Superintendent or Designee: / Title:
Director II, Pupil Services / Date:
May 25, 2011
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:
fenced on all sides by chain link and there is no access from the CDS classroom into the Cal SAFE area. To reach the classroom the students of the School of Opportunity will enter through a gate at the back of the school and cross a parking lot to reach their classroom. They will have no contact with other students as the student from Cal Safe, Central Continuation and Independent Study all enter and exit the school through the front door of the main building and utilize a back door of the main building to gain access to their classroom. This entire area is fenced and is only accessible from the CDS classroom through a gate that is locked during school hours. The CDS students will have the support of a principal that believes in at-risk and at-promise students yet will not have access to other students and facilities.
The Board of Trustees of Barstow Unified School District found this location to be a safe location as well as providing our expelled students with an environment that will permit them to build the resiliency they need to return to the comprehensive program.
We thank you for supporting us in providing the best for all our students including those who make mistakes.
11/13/2018 8:45 PM
Attachment 3
Page 1 of 6
CALIFORNIA DEPARTMENT OF EDUCATION
GENERAL WAIVER REQUESTFirst Time Waiver: X
GW-1 (Rev. 10-2-09) Renewal Waiver:
Send Original plus one copy to: Send Electronic copy in Word and
Waiver Office, California Department of Educationback-up material to:
1430 N Street, Suite 5602
Sacramento, CA95814
CD CODE4 / 3 / 7 / 3 / 3 / 8 / 7
Local educational agency:
Milpitas Unified School District / Contact name and Title:
Services
Michelle Dimas
Assistant Superintendent, Educational Services / Contact person’s e-mail address:
Address: (City) (State) (ZIP)
1331 East Calaveras Blvd. Milpitas CA 95035 / Phone (and extension, if necessary):
408.635.2600 ext. 6006
Fax Number:
408.635.2624
Period of request: (month/day/year)
From: Aug 1, 2012 To: July 31, 2013 / Local board approval date: (Required)
July 10, 2012-this vote was unanimous. 5-0 in favor of approval. / Date of public hearing: (Required)
July 10, 2012
LEGAL CRITERIA
1. Under the general waiver authority of Education Code 33050-33053, the particular Education Code or CaliforniaCode of Regulations section(s) to be waived(number): portions of 48661(a) circle One: EC or CCR
Topic of the waiver: Location of Community Day School
2. If this is a renewal of a previously approved waiver, please list Waiver Number: _____ 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): Tuesday June 12, 2012
Name of bargaining unit and representative(s) consulted:
Milpitas Teachers Association – President Larry Whalen
CaliforniaSchool Employees Association, Chapter 281 – President Machelle Kessinger
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 heldduring 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 formalnotice at each school and three public places in the district.
How was the required public hearing advertised?
___ Notice in a newspaper ___ Notice posted at each school X Other: (Please specify)
The notices have been placed at summer school sites, and District Office, and on the District website.
5. Advisory committee or school site councils.Please identify the council(s) or committee that reviewed this waiver: School
Site Council- Betty Won (Secretary), Bruce Cockayne (president), Tanya Salazar(teacher), Roger
Mupas(teacher),Kathy Tessimond (teacher), Daniel Bobay (board member), Kerri Knapp & Shanika Hampton
were(student members)
Date the committee/council reviewed the waiver request: June 15, 2012
Were there any objection(s)? No X Yes ___ (If there were objections please specify)
CALIFORNIA DEPARTMENT OF EDUCATION