Attachment 1

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CALIFORNIA DEPARTMENT OF EDUCATION

SPECIFIC WAIVER:SCHOOL SITE COUNCIL-COMPOSITION OF MEMBERS

First Time Waiver:x_

SW-1 (Rev. 4-24-2009) Renewal Waiver:___

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Send Original plus one copy to:

Waiver Office, California Department of EducationFaxed originals will not be accepted!

1430 N Street, Suite 5602

Sacramento, CA95814

Send electronic copy and back-up material to:

CD CODE
5 / 3 / 1 / 0 / 5 / 3 / 8
Local educational agency:
TrinityCounty Office of Education
TrinityCountyJuvenileHallCourtSchool / Contact name and recipient of approval/denial notice:James B. French
CountySupt of Schools
Cricket F.L. Kidwell / Contact person’s e-mail address:

Address: (City) (State) (ZIP)
PO. Box 1256 Weaverville CA 96093 / Phone (and extension, if necessary):
530-623-2861 ext. 253
Fax number: 530-623-4489
Period of request: (month/day/year)
From: 7/1/09 To: 6/30/11 / Local board approval date: (Required)
May 21, 2009

LEGAL CRITERIA

  1. Authority for the waiver: Write the Education Code (EC) Section citation, which authorizes the waiver of the specific EC Section you want to waive: X Specific code section: 52863
EC52863 Any governing board, on behalf of a school site council, may request the State Board of Educationto grant a waiver of any provision of this article. The State Board of Education may grant a request when it finds that the failure to do so would hinder the implementation or maintenance of a successful school-based
coordinated program. (Effective for 2 years only, may be renewed)
  1. CaliforniaEducation Code or California Code of Regulations or portion to be waived.
Section to be waived: (number)EC 52863 52852
Requesting a change in the composition of members for a small, JuvenileHallCourtSchool school in which Probation Department staff serve in the parental role.
  1. If this is a renewal of a previously approved waiver, please list Waiver No: and date of SBE approval

  1. 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): May 11, 2009
Name of bargaining units and representative(s) consulted: Juvenile Hall Court School Certificated Teachers
The position(s) of the bargaining unit(s): ___ Neutral X Support ___ Oppose (Please specify why)
Comments (if appropriate):
  1. Advisory committee or school site council that reviewed the waiver (All involved are REQUIRED). Name: TrinityCountyJuvenileHallCourtSchool Site Council
Date advisory committee/council reviewed request: May 11, 2009
X Approve ___ Neutral ___ Oppose
Were there any objection? Yes ___ No X (If there were objections please specify)

CALIFORNIA DEPARTMENT OF EDUCATION

SPECIFIC WAIVER REQUEST

SW-1 (Rev. 4-24-2009)

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  1. Education Code or California Code of Regulations section to be waived. Use a strike-out key if only portions of sections are to be waived).
EC 52852 A schoolsite council shall be established at each school which participates in school-based program coordination. The council shall be composed of the principal and representatives of: teachers selected by teachers at the school; other school personnel selected by other school personnel at the school; parents of pupils attending the school selected by such parents; probation department staff,and, in secondary schools, pupils selected by pupils attending the school.
  1. Desired outcome/rationale. State what you hope to accomplish with the waiver. 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. (Attach additional pages if necessary.) SEE ATTACHED
Please attach a brief description of the situation in this school: The number of administrative staff, teachers and students atthe schools. Indicate why a composition waiver is needed rather thanthis school sharing a SSC with another school per the SBE Waiver Policy for Shared SSC’s available at:
  1. Demographic Information:
For this waiver, the TrinityCountyJuvenileHallCourtSchool involved has a student population of approximately 11 students on any given day and is located in a rural town, Weaverville, CA in TrinityCounty.
  1. For a renewal waiver only, district also must certify:
True False
__ __ The facts that precipitated the original waiver request have not changed.
__ __ The remedy for the problem has not changed.
__ __ Members of the local governing board and district staff are not aware of the existence of any
controversy over the implementation of this waiver or the request to extend it.
Renewals of Waivers must be approved by the local board and submitted two months before the active waiver expires.
Is this waiver associated with an apportionment related audit penalty? (per EC 41344) X No __ Yes
(If yes, please attach explanation or copy of audit finding)
Has there been a Coordinated Compliance Review finding on this issue? X No __ Yes
(If yes, please attach explanation or copy of CCR 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 of Curriculum & Instruction / Date:
May 19, 2009

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:

7. Desired outcome/rationale. State what you hope to accomplish with the waiver. 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. (Attach additional pages if necessary.)

The TrinityCountyJuvenileHallCourtSchool involved has an average student population of approximately 10-148 incarcerated youth and is located in the rural town of Weaverville (population 3500) in TrinityCounty. This waiver will allow the site council to function in spite of the exceptional circumstances under which JuvenileHallCourtSchools operates.

Due to the constant transfer of the incarcerated students in and out of the Trinity County Juvenile Hall Court School on a day-to-day basis and the inability to maintain a stable, consistent parent group on any given day or week, the Trinity County Office of Education requests that for the purpose of the site council, person(s) serving in loco parentis roles, such as probation department staff, be allowed to fill the parental role(s) on the school site council. The Trinity County Probation Department is supported by the courts that they are to be the caretakers and have authority of the incarcerated students in all matters pertaining to their well-being and matters of supervision, daily activities, and education (CALIFORNIA WELFARE ANDINSTITUTIONSCODE SECTIONS 601-602).

To approve this waiver will allow the facility to function with the support and decision-making skills of the stakeholders who are the de facto caretakers of the incarcerated students.

Current student population of eight. Bill Waroff