State Testing Apportionment Information Report Waivers

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California Department of Education
Executive Office
SBE-005 General (REV.08/2014) / ITEM #W-10

CALIFORNIA STATE BOARD OF EDUCATION

SEPTEMBER 2015 AGENDA
General Waiver
SUBJECT
Request by two local educational agencies to waive the State Testing Apportionment Information Report deadline as stipulated in the California Code of Regulations, Title 5, Section 11517.5(b)(1)(A), regarding the California English Language Development Test; or Title5, Section 1225(b)(3)(A), regarding the California High School Exit Examination; or Title 5, Section 862(b)(2)(A) prior to February 2014, regarding the Standardized Testing and Reporting Program; or Title 5, Section 862(b)(2)(A), regarding the California Assessment of Student Performance and Progress System.
Waiver Numbers: Brentwood Union Elementary School District22-4-2015
Victor Valley UnionHigh School District20-4-2015 /

Action

Consent

SUMMARY OF THE ISSUES

State regulations for the California English Language Development Test (CELDT), the California High School Exit Examination (CAHSEE), the Standardized Testing and Reporting (STAR) Program, and the California Assessment of Student Performance and Progress (CAASPP) each include, as a condition to be eligible for apportionment reimbursement, an annual deadline for the return of a certified State Testing Apportionment Information Report for prior year testing.

The local educational agencies (LEAs) filing for this waiver request missed the regulatory deadline for one or more State Testing Apportionment Information Report(s) for the 2012–13 and 2013–14school years.

Authority for Waiver:Education Code (EC) Section 33050

RECOMMENDATION

Approval Approval with conditions Denial

The California Department of Education (CDE) recommends that the state regulatory deadline for submission of the StateTesting Apportionment Information Reports be waived for the LEAs and school year(s) shown on Attachment 1.

SUMMARY OF KEY ISSUES

Each fall, the CDE develops separate State Testing Apportionment Information Reports for the CELDT, CAHSEE, and CAASPP compiled from data produced by the testing contractors. STAR reports were developed and distributed from 1998 to 2013. The reports include the amount to be apportioned to the LEA based on the number of pupils tested during the previous school year. The CDE distributes the reports to the LEAs. State regulations require each LEA to certify the accuracy of the report by returning a signed report to the CDE by the regulatory deadline.

CDE staff verified that these LEAs submitted reports after the deadline and are required to submit a waiver as a condition to receive the applicable apportionment reimbursement.

Demographic Information:

Brentwood Union Elementary School District has a student population of 1,179 and is located in a small city inContra Costacounty.

Victor Valley Union High School District has a student population of 9,100 and is located in a rural area of San Bernardinocounty.

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

SUMMARY OF PREVIOUS STATEBOARD OF EDUCATION DISCUSSION AND ACTION

The State Board of Education (SBE) has approved all previous LEA requests to waive the State Testing Apportionment Information Report deadline since deadlines for submission of the State Testing Apportionment Information Reports were added to the California Code of Regulations (CCR).The SBE Waiver Policy 08-#:State Testing Apportionment InformationalReport Deadline is available at

FISCAL ANALYSIS (AS APPROPRIATE)

If these waivers are approved, these two LEAs will be reimbursed for the costs of the CELDT, CAHSEE, STAR Program, or the CAASPP System for the 2012–13 and

2013–14school years. Total costs are indicated on Attachment 1, and the waiver requests from each LEA are included as Attachments 2 and 3.

ATTACHMENT(S)

Attachment 1:Local Educational Agencies Requesting Waiver of State Testing Apportionment Information Report Deadline(1 Page)

Attachment 2:Brentwood Union Elementary School District General Waiver Request 22-4-2015 (2 Pages). (Original waiver request is signed and on file in the Waiver Office.)

Attachment 3:Victor Valley Union High School District General Waiver Request

20-4-2015 (2 Pages). (Original waiver request is signed and on file in the Waiver Office.)

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State Testing Apportionment Information Report Waivers

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Local Educational Agencies Requesting Waiver of State Testing Apportionment Information Report Deadline

Waiver Number / Local Educational Agency / Period of Request / Test Report(s) Missing / Report(s) Submitted / School Year(s) / Reimbursement
Amount / Union
Position
22-4-2015 / Brentwood Union Elementary / Requested:
July 1, 2012
to
June 30, 2013
Recommended:
July 1, 2013
to
December 31, 2013 / California English Language Development Test / Yes / 2012–13 / $5,895.00 / Support
20-4-2015 / Victor Valley Union High School / Requested:
January 1, 2014
to
December 31, 2014
Recommended:
July 1, 2014
to
December 31, 2014 / California High School Exit Examination / Yes / 2013–14 / $9,123.48 / Support

Created by the California Department of Education

July 9, 2015

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State Testing Apportionment Information Report Waivers

Attachment 2

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 0761655Waiver Number: 22-4-2015Active Year: 2015

Date In: 4/28/2015 11:21:44 AM

Local Education Agency: Brentwood Union Elementary School District

Address: 255 Guthrie Ln.P

Brentwood, CA94513

Start: 7/1/2012End: 6/30/2013

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: State Testing Apportionment Report

Ed Code Title: CELDT

Ed Code Section: 11517.5

Ed Code Authority: 33050

Ed Code or CCR to Waive: If postmarked after December 31, the apportionment report must be accompanied by the State Testing Apportionment Information Waiver request as provided by Education Code Section 33050.

Outcome Rationale: The original Apportionment Information Report for the year 2012-13 was not postmarked before December 31 of 2013.

Student Population: 1179

City Type: Small

Public Hearing Date: 3/11/2015

Public Hearing Advertised: Informational flyers were posted at all of the school sites, the local library, and local businesses.

Local Board Approval Date: 3/11/2015

Community Council Reviewed By: District English Learner Advisory Committee of Brentwood Union School District

Community Council Reviewed Date: 3/10/2015

Community Council Objection: N

Community Council Objection Explanation:

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Attachment 2

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Audit Penalty YN: N

Categorical Program Monitoring: N

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State Testing Apportionment Information Report Waivers

Attachment 2

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Submitted by: Ms.CarmenWood

Position: District EL Coordinator

E-mail:

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Attachment 2

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Telephone: 925-513-6300 x4086

Fax:

Bargaining Unit Date: 03/29/2014

Name: Brentwood Teachers Association

Representative: Darrin Spencer

Title: BTA President

Position: Support

Comments:

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State Testing Apportionment Information Report Waivers

Attachment 3

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 3667934Waiver Number: 20-4-2015Active Year: 2015

Date In: 4/24/2015 3:29:47 PM

Local Education Agency: Victor Valley Union High School District

Address: 16350 Mojave Dr.

Victorville, CA92395

Start: 1/1/2014End: 12/31/2014

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: State Testing Apportionment Report

Ed Code Title: CAHSEE

Ed Code Section: CCR 1225(b)(2)(A)

Ed Code Authority: 33050

Ed Code or CCR to Waive: December 31, 2014 Deadline.

Outcome Rationale: We neglected to submit the final documentation to CDE by December 31st deadline. We are requesting funds so we can continue administering the CAHSEE in our district.

Student Population: 9100

City Type: Rural

Public Hearing Date: 1/22/2015

Public Hearing Advertised: Board Agenda Posting - Brown Act

Local Board Approval Date: 1/22/2015

Community Council Reviewed By: Board of Trustees

Community Council Reviewed Date: 1/22/2015

Community Council Objection: N

Community Council Objection Explanation:

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Mr. Vinney Williams

Position: Instructional Technology Specialist

E-mail:

Telephone: 760-955-3201 x10264

Fax:

Bargaining Unit Date: 01/22/2015

Name: California School Employees Association

Representative: David Gregg

Title: President

Position: Support

Comments:

Bargaining Unit Date: 01/22/2015

Name: Victor Valley Teacher Association

Representative: Jose Berrios

Title: President

Position: Support

Comments:

Revised: 8/13/2015 11:17 AM