Extended School Year

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California Department of Education
Executive Office
SBE-005 General (REV. 08/2014) / ITEM #W-03

CALIFORNIA STATE BOARD OF EDUCATION

March 2016 AGENDA
General Waiver
SUBJECT
Request by seven local educational agencies to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.
Waiver Numbers:
Gateway Unified School District 2-12-2015
Madera County Office of Education 7-12-2015
Oroville City Elementary School District 1-12-2015
San Pasqual Valley Unified School District 19-11-2015
Shasta County Office of Education 4-12-2015
South Whittier Elementary School District 10-11-2015
Tehama County Office of Education 12-11-2015 /

Action

Consent

SUMMARY OF THE ISSUES

Seven 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 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 60 instructional hours or more be provided to the preschool program, and 80 instructional hours or more be provided to the Kindergarten–Adult program (K–Adult). (A minimum of 76 hours of instruction may be provided to K–Adult if a holiday is included.) 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 Gateway Unified School District (GUSD) proposes to provide ESY services utilizing a 15-day model of five and one half hours of instruction per day, rather than a traditional 20-day model of four hours of instruction per day. Students would receive the same or greater number of instructional minutes. The GUSD participates collaboratively with two other local elementary school districts to provide ESY services to students with special education services in preschool through eighth grades, as well as providing a high school level special day class program. The GUSD serves a large geographic region that requires long bus rides for students, many of whom are medically fragile. In addition, most of GUSD’s students require designated instructional services which makes it challenging to provide the required services to the students in a four hour day. The GUSD believes that a longer day allows for more special education services to be delivered while decreasing the length of time required for transportation. In addition, the GUSD has found historically that student attendance is improved with the three-week program.

The Madera County Office of Education (MCOE) proposes to provide ESY services to identified special education students with moderate to severe disabilities utilizing a 15-day, five and one half hours per day instructional model rather than 20 days with four hours of instruction per day. Students would receive the same total number of instructional minutes in 15 days due to a longer instructional day as they would with 20 shorter days of instruction. Because a change in routine is often difficult for students with moderate to severe disabilities, the longer school day for ESY will align better with the regular school year providing more consistency in instruction for the students served. Additionally, the operation of ESY for 15 days instead of 20 will better match the district calendars at sites where MCOE classes are located allowing students more opportunities to be with their typically developing peers. Fewer ESY days will also result in substantial savings in transportation, utilities, janitorial services, and administration and clerical costs.

The Oroville City Elementary School District (OCESD) proposes to provide ESY services to identified special education students utilizing a 13-day, six and one quarter hour per day instructional program. Students will receive the same or greater number of minutes as they would in a traditional 20-day ESY program. This will enable the OCESD to align their instructional program with Butte County Office of Education (BCOE) which serves some of the OCESD students in their programs. Transportation and support providers from the BCOE would follow a similar schedule for both agencies. During the 2014–15 school year, OCESD provided a 15-day program with success. The request for a 13-day schedule will allow the program to be completed prior to the Fourth of July holiday, thereby avoiding family conflicts that may arise for the students. It is the OCESD’s intention that all students be available to attend the full ESY session in order to support the maintenance of educational outcomes from the prior school year. This waiver request is a renewal, and the conditions of the previous waiver were met.

The San Pasqual Valley Unified School District (SPVUSD) requests an alternate ESY schedule that will allow it to provide the minimum number of hours required, but in fewer days, utilizing a 15-day model over a three-week period at five and one half hours per day, providing the same number of hours as in a traditional 20-day model, including holidays. The proposed model, which extends daily attendance time, results in identical time totals, but provides for a reduction in total days of attendance to 15 days, Monday through Friday, over a three-week period. The SPVUSD believes the proposed model will provide more continuity for delivery of instruction between general education and special education. The proposed schedule will allow special education students to participate more with their nondisabled peers, and provide their families with the flexibility to plan extended weekend breaks without interrupting students’ educational programs. It will also facilitate cost effective services within classrooms, and will reduce related costs for transportation, utilities, custodial services, food services, administration, etc.

The Shasta County Office of Education (SCOE) proposes to provide ESY services utilizing a 15-day model of five and one half hours of instruction per ESY day rather than a traditional 20-day model of four hours of instruction per day. Students will receive the same number of instructional minutes as they would in a traditional 20 day ESY program as required by 5 CCR, Section 3043(d). The proposed schedule will allow the ESY program to align with other regional program operations to provide intensive support to students in less time, and to reduce the travel days required for students and costs to districts.

The South Whittier Elementary School District (SWESD) requests an alternate schedule that will allow it to provide the minimum number of hours required, but in fewer days utilizing a 16-day model over a three-week period at five hours per day providing the same number of hours as in a traditional 20-day model, including holidays. The proposed model results in identical time totals, but provides for a reduction from 20 total days of attendance to 16 days, Monday through Friday, over a three-week period,

June 6, 2016, to June 30, 2016. The SWESD believes the proposed model will provide more continuity for delivery of instruction between general education and special education and allow special education students to participate in their educational experience along with their nondisabled peers. The schedule will provide families with the flexibility to plan extended weekend breaks without interrupting the ESY program. The model will also facilitate cost effective services within classrooms and reduce related costs for transportation, utilities, custodial services, food services, administration, etc.

The Tehama County Office of Education (TCOE) is requesting a waiver to provide ESY over the course of 15 days rather than 20 days while still providing the same amount of instructional hours that are provided over a 20-day ESY schedule. The proposed 15-day ESY program for preschool would operate for four hours per day, and the 15-day ESY program for Kindergarten–eighth grades would operate for five and one half hours per day. The TCOE stated that the proposed 15-day ESY would better align with a typical school day and provide cost savings for the TCOE.

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 individualized education program (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 (4 pages)

Attachment 2: Gateway Unified School District General Waiver Request

2-12-2015 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 3: Madera County Office of Education General Waiver Request

7-12-2015 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 4: Oroville City Elementary School District General Waiver Request

1-12-2015 (3 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 5: San Pasqual Valley Unified School District General Waiver Request 19-11-2015 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 6: Shasta County Office of Education General Waiver Request 4-12-2015 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 7: South Whittier Elementary School District General Waiver Request

10-11-2015 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 8: Tehama County Office of Education General Waiver Request

12-11-2015 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Revised: 2/23/2016 9:17 AM

Extended School Year

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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
2-12-2015 / Gateway Unified School District / Requested:
June 8, 2016
to
June 29, 2016
Recommended:
June 8, 2016
to
June 29, 2016 / Student population: 2,472
Area: Rural
County: Shasta / 11/18/2015 / Classified School Employees Association,
Ian Bates
President 11/2/2015
Support
Gateway Teachers Association,
Matt Hunsaker
President
11/2/2015
Support / Notice posted in a newspaper, at each school, at the District office, and on the District Web sites / Gateway Unified School District Advisory Council, 10/29/2015
No objection
7-12-2015 / Madera County Office of Education
(MCOE) / Requested:
June 13, 2016
to
July 7, 2017
Recommended: June 13, 2016
to
July 7, 2017 / Student population: 335
Area: Small
County: Madera / 12/08/2015 / California School Employees Association, Chapter 713,
Kellie Stiles
President
11/09/2015
Neutral
Madera County Office of Education Teachers Association,
Karl Diaz
President 11/18/2015
Support / Notice posted at each school and at the MCOE / Gould Educational Center Parent Advisory Committee
12/02/2015
No objection

Revised: 2/23/2016 9:17 AM

Extended School Year

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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 /
1-12-2015 / Oroville City Elementary School District / Requested:
June 10, 2016
to
July 1, 2017
Recommended: June 10, 2016
to
July 1, 2017 / Student population: 2,408
Area: Rural
County: Butte / 11/18/2015 / California School Employees’ Union,
Carla Held President
10/01/2015
Support
Oroville City Elementary Teachers Union,
Shauna Butler
President
10/01/2015
Support / Notice posted at each school, at the District Office and Web site, and at two locations within the Butte County Office of Education / Oroville City Elementary School District Board of Education
11/18/2015
No objection
19-11-2015 / San Pasqual Valley Unified School District / Requested:
June 6, 2016
to
June 24, 2016
Recommended: June 6, 2016
to
June 24, 2016 / Student population: 759
Area: Rural
County: Imperial / 11/17/2015 / California School Employees Association,
Larissa Fernandez
President
11/17/2015
Neutral
San Pasqual Teachers Association,
Gina Hanna
President 11/17/2015
Neutral / Notice posted on the District Web page, at three school sites, and at the city post office / School Site Council
11/17/2015
No objection

Revised: 2/23/2016 9:17 AM

Extended School Year

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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 /
4-12-2015 / Shasta County Office of Education / Requested:
June 8, 2016
to
June 28, 2016
Recommended: June 8, 2016
to
June 29, 2016 / Student population: 57
Area: Rural
County: Shasta / 11/18/2015 / California School Employees Association,
Dan Coyne
President
11/16/2015
Support
California Teachers Association,
James Patton
President 11/16/2015
Support / Notice posted in a newspaper, on the local educational agency’s Web site, the Special Education Local Plan Area (SELPA) calendar, and at the Community Advisory Committee Meeting / Shasta County Office of Education Board of Education
10/22/2015
No objection
Community Advisory Committee, Program A
10/22/2015
No objection

Revised: 2/23/2016 9:17 AM

Extended School Year

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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 /
10-11-2015 / South Whittier Elementary School District / Requested:
June 6, 2016
to
June 30, 2016
Recommended: June 6, 2016
to
June 30, 2016 / Student population: 3,044
Area: Urban
County: Los Angeles / 11/17/2015 / South Whittier Teachers Association,
Patricia Vega-Jeter
President
11/11/2015
Support / Notice posted on the District Web site, and on printed school board agenda / District Advisory Committee
11/12/2015
No objection
District English Language Advisory Committee
11/12/2015
No objection
12-11-2015 / Tehama County Office of Education / Requested:
June 13, 2016
to
July 1, 2016
Recommended: June 13, 2016
to
July 1, 2016 / Student population: 70
Area: Rural
County: Tehama / 11/18/2015 / California Teachers Association,
Laura Ray
President
9/22/2015
Support / Notice posted in a newspaper / Community Advisory Committee
10/07/2015
No objection

Created by California Department of Education