Executive Office
SBE-005 General (REV. 08/2014) / ITEM #W-05
CALIFORNIA STATE BOARD OF EDUCATION
November 2016 AGENDAGeneral Waiver
SUBJECT
Request by seven school districts to waive California Education Code Section 37202(a), the equity length of time requirement for transitional kindergarten and kindergarten programs at the districts’ elementary schools.Waiver Numbers:Clovis Unified School District 5-8-2016
Dixie Elementary School District3-8-2016
LakeportUnified School District13-7-2016
Los Molinos Unified School District 2-7-2016
Marysville Joint Unified School District 9-8-2016
Ross Valley Elementary School District 5-7-2016
San Rafael City ElementarySchool District 11-7-2016 /
Action
Consent
SUMMARY OF THE ISSUES
Clovis Unified School District(CUSD), Dixie Elementary School District(DESD), LakeportUnified School District(LUSD), Los Molinos Unified School District(LMUSD), Marysville Joint Unified School District(MJUSD), Ross Valley Elementary School District(RVESD), and San Rafael City Elementary School District(SRCESD)seek waivers of the California Education Code (EC) Section 37202(a), equity length of time requirement for kindergarten and transitional kindergarten (TK).
Authority for Waiver:Education Code (EC) Section 33050
RECOMMENDATION
Approval Approval with conditions Denial
The California Department of Education recommends approval of the waivers with conditions. TheCUSD, DESD, LUSD, LMUSD, MJUSD, RVESD, and SRCESDwill provide information to CUSD, DESD, LUSD, LMUSD, MJUSD, RVESD, and SRCESDfamilies by January 5, 2017, explaining the waiving of EC Section 37202(a), allowing TK students to attend school for fewer minutes than kindergarten students.
Equity Length of Time
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SUMMARY OF KEY ISSUES
TheCUSD, DESD, LUSD, LMUSD, MJUSD, RVESD, and SRCESDare requesting to waive EC Section 37202(a), the equity length of time requirement for kindergarten programs. Pursuant to EC Section 37202(a), any TK program operated by a district must be of equal length to any kindergarten program operated by the same district. TheCUSD, DESD, LUSD, LMUSD, MJUSD, RVESD, and SRCESDcurrently offer extended-day (full day) kindergarten programs which exceed the maximum four-hour school day (EC 46111 [a]). TheCUSD, DESD, LUSD, LMUSD, MJUSD, RVESD, and SRCESDare requesting flexibility in determining the length of their TK programs in order to provide a modified instructional day, curricula, and developmentally appropriate instructional practices. TheCUSD, DESD, LUSD, LMUSD, MJUSD, RVESD, and SRCESDare concerned that holding TK students in excess of the four-hour minimum school day(pursuant to EC 48911) is not in the best educational interest of their TK students.
Demographic Information:
CUSDhas a student population of 42,000,and is located in a suburban area in FresnoCounty.
DESDhas a student population of 2,001,and is located in a suburban area inMarinCounty.
LUSDhas a student population of 1,491,and is located in a rural area in LakeCounty.
LMUSDhas a student population of 562,and is located in arural area in Tehama County.
MJUSDhas a student population of 9,600,and is located in anurban area in YubaCounty.
RVESDhas a student population of 2,311,and is located in a suburban area in MarinCounty.
SRCESDhas a student population of 4,779,and is located in a suburban area in MarinCounty.
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 has approved with conditions all waiver requests to date by local educational agencies to waive EC Section 37202(a), the equity length of time requirement for kindergarten and
Equity Length of Time
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FISCAL ANALYSIS (AS APPROPRIATE)
Approval of this waiver would have no known fiscal impact.
ATTACHMENT(S)
Attachment 1: Summary Table(3 pages).
Attachment 2: CUSDGeneral Waiver Request 5-8-2016 (2 pages) (Original waiverrequest is signed and on file in the Waiver Office.)
Attachment 3: DESDGeneral Waiver Request 3-8-2016(2 pages) (Original waiver request is signed and on file in the WaiverOffice.)
Attachment 4: LUSDGeneral Waiver Request 13-7-2016 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)
Attachment 5: LMUSDGeneral Waiver Request 2-7-2016 (2 pages) (Original waiverrequest is signed and on file in the Waiver Office.)
Attachment 6: MJUSDGeneral Waiver Request 9-8-2016(2 pages) (Original waiverrequest is signed and on file in the Waiver Office.)
Attachment 7: RVESDGeneral Waiver Request 5-7-2016(2 pages) (Original waiverrequest is signed and on file in the Waiver Office.
Attachment 8:SRCESD General Waiver Request 11-7-2016 (2 pages) (Original waiverrequest is signed and on file in the Waiver Office.)
Equity Length of Time
Attachment 1
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Information from Districts Requesting Waivers of Equity Length of Time for Transitional Kindergarten
California Education Code Section 37202(a)
Waiver Number / District / Period of Request / Bargaining Unit, Representatives Consulted, Date, and Position / Public Hearingand
Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position
5-8-2016 / Clovis Unified School District / Requested:
July 1, 2015
to
June 30, 2017
Recommended:
July 1, 2015
to
June 28, 2017 / No bargaining unit / Public Hearing Date:
April 6, 2016
Board Approval Date:
July 20, 2016 / The public hearing notice was posted at each schoolsite, online, and at the district office. / School Assessment and Review Team
March 31, 2016
No Objection
3-8-2016 / Dixie Elementary School District / Requested:
August 18, 2016
to
June8, 2018
Recommended:
August 18, 2016
to
June8, 2018 / Dixie Teachers Association,
Tara Costello
President
7/13/2016
Support / August9, 2016 / The public hearing notice was posted at the district office and at four schoolsites. / Administration Council
June2, 2016
No Objection
9/20/2016 10:56 AM
Equity Length of Time
Attachment 1
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Waiver Number / District / Period of Request / Bargaining Unit, Representatives Consulted, Date, and Position / Public Hearingand
Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position
13-7-2016 / Lakeport Unified School District / Requested:
August 10, 2016
to
May26, 2017
Recommended:
August 10, 2016
to
May26, 2017 / Lakeport Unified Teacher Association,
Pamela Klier
President
6/08/2015
Support / Public Hearing Date:
June 23, 2016
Board Approval Date:
July 14, 2016 / The public hearing notice was posted at all three schoolsites, the district office, the alternative education site, and the Healthy Start building. / Lakeport Unified School School District
July 14, 2016
No Objection
2-7-2016 / Los Molinos Unified School District / Requested:
August 19, 2015
to
June 8, 2016
Recommended:
August 19, 2015
to
June 8, 2016 / California School Employees Association #806,
Veronica Rico
President
03/24/2016
Support
Los Molinos Teachers Association,
Cheryl Clark
President
12/15/2015
Support / June 16, 2016 / The public hearing notice was posted at all schoolsites and the district office. / Los Molinos Elementary Schoolsite Council
December17, 2015
No Objection
9-8-2016 / Marysville Joint Unified School District / Requested:
July 5, 2016
to
June 30, 2018
Recommended:
July 5, 2016
to
June 30, 2018 / Marysville Joint Unified Teachers Association,
Inge Schlussler
President
8/12/2016
Support / August 23, 2016 / The public hearing notice was advertised online and posted at the meeting site and all schoolsites. / Arboga Elementary Schoolsite Council
October6, 2016
No Objection
9/20/2016 10:56 AM
Equity Length of Time
Attachment 1
Page3 of 3
Waiver Number / District / Period of Request / Bargaining Unit, Representatives Consulted, Date, and Position / Public Hearingand
Board Approval Date / Public Hearing Advertisement / SSC/Advisory Committee Position
5-7-2016 / Ross Valley Elementary School District / Requested:
August24, 2016
to
June 15, 2017
Recommended:
August24, 2016
to
June 15, 2017 / Ross Valley Teachers Association,
Julie Crumrine
President
6/14/2016
Support / June 21, 2016 / The public hearing notice was posted at the meeting site, all five schoolsites, and on the district Web site. / Schoolsite Council
June7, 2016
No Objection
11-7-2016 / San Rafael City Elementary School District / Requested:
August 20, 2015
to
June 8, 2017
Recommended:
August 20, 2015
to
June 8, 2017 / San Rafael Teacher’s Association,
Katie O’Donnell
President
6/14/2016
Support / June 27, 2016 / The public hearing notice was posted at all schoolsites and on the district Web site. / Cabinet and Administrative Council
June 14, 2016
No Objection
Created by California Department of Education
September 20, 2016
9/20/2016 10:56 AM
Equity Length of Time
Attachment 2
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California Department of Education
WAIVER SUBMISSION - General
CD Code: 1062117Waiver Number: 5-8-2016Active Year: 2016
Date In: 8/16/2016 5:18:43 PM
Local Education Agency: Clovis Unified School District
Address: 1450 Herndon Ave.
Clovis, CA93611
Start: 7/1/2015End: 6/30/2017
Waiver Renewal: N
Previous Waiver Number: Previous SBE Approval Date:
Waiver Topic: Equity Length of Time
Ed Code Title: Equity Length of Time
Ed Code Section: 37202(a)
Ed Code Authority: 33050(a)
Ed Code or CCR to Waive: 37202(a) Except if a school has been closed by order of a city or county board of health, or of the State Board of Health, on account of contagious disease, or if the school has been closed on account of fire, flood, or other public disaster, the governing board of a school district shall maintain all of the elementary day schools established by it for an equal length of time during the school year and all of the day high schools established by it for an equal length of time during the school year.
Outcome Rationale: The Clovis Unified School District ("District") is requesting to maintain kindergarten and transitional ("TK") classes at the same school site within the district for different lengths of time during the school day. The District currently maintains extended-day kindergarten classes between 3.75 and 5.6 hours per day at each of the following school sites: Lincoln, Miramonte, Oraze, Pinedale,and Weldon. The District is requesting flexibility in determining the length of its TK program (3.4 - 3.75 hours) at those same sites in order to implement a high-quality TK program that provides a modified instructional day, modified curricula, and developmentally appropriate instructional practices. The District was unaware at the start of the TK program that it was required to obtain a waiver to provide programs differeing in length. Therefore, the District is requesting both a retroactive and future waiver to continue to provide programs at differing lengths for TK and Kindergarten. The District believes the length of the TK program has been appropriate in providing students with the developmentally appropriate activities and experiences both socially and academically preparing them for a full day high quality standard based kindergarten program.
Student Population: 42000
City Type: Suburban
Public Hearing Date: 4/6/2016
Public Hearing Advertised: posted at each school site, posted on-line, posted at the districtoffice
Local Board Approval Date: 7/20/2016
Community Council Reviewed By: School Assessment and Review Team
Community Council Reviewed Date: 3/31/2016
Community Council Objection: N
Community Council Objection Explanation:
9/20/2016 10:56 AM
Equity Length of Time
Attachment 2
Page 1 of 2
Audit Penalty YN: N
Categorical Program Monitoring: N
Submitted by: Dr.DebbieParra
Position: Assistant Superintendent
E-mail:
9/20/2016 10:56 AM
Equity Length of Time
Attachment 2
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Telephone: 559-327-9353
Fax: 559-327-9363
9/20/2016 10:56 AM
Equity Length of Time
Attachment 3
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California Department of Education
WAIVER SUBMISSION - General
CD Code: 2165318Waiver Number: 3-8-2016Active Year: 2016
Date In: 8/10/2016 11:44:40 AM
Local Education Agency: Dixie Elementary School District
Address: 380 Nova Albion Way
San Rafael, CA94903
Start: 8/18/2016End: 6/8/2018
Waiver Renewal: Y
Previous Waiver Number: 7-7-2015-W-06 Previous SBE Approval Date: 11/5/2015
Waiver Topic: Equity Length of Time
Ed Code Title: Equity Length of Time
Ed Code Section: 37202
Ed Code Authority: 33050
Ed Code or CCR to Waive: (a) Except if a school has been closed by order of a city or a county board of health, or of the State Board of Health, on account of contagious disease, or if the school has been closed on account of fire, flood, or other public disaster, the governing board of a school district shall maintain all of the [elementary day schools established by it for an equal length of time during the school year] and all of the day high schools established by it for an equal length of time during the school year. (b) Notwithstanding subdivision (a), a school district that is implementing an early primary program, pursuant to Chapter 8(commencing with Section 8970) of Part 6, may maintain kindergarten classes at different school sites within the district for different lengths of time during the school day.
Outcome Rationale: The Dixie District is a district of 2,001 ADA with three elementary schools and one middle school. Due to the small number of students participating in Transitional Kindergarten and the small size of our district, the district is currently operating a district-wide Transitional Kindergarten class at two of our elementary schools in order to prevent a combination class of K/TK students.
Our teaching staff and administration believe that classes made up only of those younger students is extremely beneficial to those students and will enhance the specific instruction that is needed.To ensure students success, our Transitional Kindergarten (TK) classes are following the requirement that the TK class is intended to be the first year of a two year Kindergarten experience. The district believes that requiring TK students to attend school with the current Kindergarten instructional minutes is not in the best educational interests of those students enrolled in Transitional Kindergarten. We are a requesting a waiver to allow the Dixie District TK program to begin at 8:30 a.m. and run until 12:00 p.m. In addition, an Instructional Aide would be available at this time to assist in this classroom.
The intended structure of our TK program is for the program to be held in the first half of the instructional day with the curriculum being a blend of the Preschool Foundation and the Kindergarten Common Core State Standards. This structure ensures that our TK students are fully prepared to meet the academic rigor of the second year of the Kindergarten sequence.
Student Population: 2001
City Type: Suburban
Public Hearing Date: 8/9/2016
Public Hearing Advertised: The Public Hearing Notice was posted at the Dixie School District Office, Dixie Elementary School, Mary E. Silveria Elementary School, Vallecito Elementary School, and Miller Creek Middle School.
Local Board Approval Date: 8/9/2016
Community Council Reviewed By: Administration Council
Community Council Reviewed Date: 6/2/2016
Community Council Objection: N
Community Council Objection Explanation:
9/20/2016 10:56 AM
Equity Length of Time
Attachment 3
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Audit Penalty YN: N
Categorical Program Monitoring: N
Submitted by: Ms.JudithArrow
Position: Assistant Superintendent, Educational Services
E-mail:
9/20/2016 10:56 AM
Equity Length of Time
Attachment 3
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Telephone: 415-492-3703
Fax:
Bargaining Unit Date: 07/13/2016
Name: Dixie Teachers Association
Representative: Tara Costello
Title: DTA Rep/Teacher
Position: Support
Comments:
9/20/2016 10:56 AM
Equity Length of Time
Attachment 4
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California Department of Education
WAIVER SUBMISSION - General
CD Code: 1764030Waiver Number: 13-7-2016Active Year: 2016
Date In: 7/29/2016 12:36:18 PM
Local Education Agency: Lakeport Unified School District
Address: 2508 Howard Ave.
Lakeport, CA95453
Start: 8/10/2016End: 5/26/2017
Waiver Renewal: Y
Previous Waiver Number: 10-7-2015-W-06 Previous SBE Approval Date: 11/5/2015
Waiver Topic: Equity Length of Time
Ed Code Title: Equity Length of Time
Ed Code Section: 37202
Ed Code Authority: 33050
Ed Code or CCR to Waive: Ed Code or CCR to Waive: Notwithstanding subdivision(a), a school district that is implementing an early primary program, pursuant to Chapter 8, commencing with Section 8970 of Part 6, may maintain kindergarten classes at school sites within the district for different lengths of time during the school day.
Outcome Rationale: Because Lakeport Unified School District will continue to offer an extended day (full day) kindergarten program for the 2015-2016 school year, which exceeds the maximum four-hour school day (EC46110)we are requesting flexibility in determining the length of our TK program in order to provide a modified instructional day, curricula, and developmentally appropriate instructional practices.Particularly since there is a concern that holding TK students in excess of the four hour minimum school day (pursuant to ES 48911) is not in the best educational interest of the TK students.
Student Population: 1491
City Type: Small
Public Hearing Date: 6/23/2016
Public Hearing Advertised: At all 3 school sites, at the district office, at the alternative education site, and at the Healthy Start building
Local Board Approval Date: 7/14/2016
Community Council Reviewed By: Lakeport Unified School District
Community Council Reviewed Date: 7/14/2016
Community Council Objection: N
Community Council Objection Explanation:
9/20/2016 10:56 AM
Equity Length of Time
Attachment 4
Page 1 of 2
Audit Penalty YN: N
Categorical Program Monitoring: N
Submitted by: Ms.AnitaSwanson
Position: Principal
E-mail:
9/20/2016 10:56 AM
Equity Length of Time
Attachment 4
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Telephone: 707-262-3005
Fax: 707-262-5531
Bargaining Unit Date: 06/08/2015
Name: Lakeport Unified Teacher Association
Representative: Pamela Klier
Title: President
Position: Support
Comments:
9/20/2016 10:56 AM
Equity Length of Time
Attachment 5
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California Department of Education
WAIVER SUBMISSION - General
CD Code: 5271571Waiver Number: 2-7-2016Active Year: 2016
Date In: 7/6/2016 11:52:33 AM
Local Education Agency: Los Molinos Unified School District
Address: 7851 Highway 99-E
Los Molinos, CA96055
Start: 8/19/2015End: 6/8/2016
Waiver Renewal: N
Previous Waiver Number: Previous SBE Approval Date:
Waiver Topic: Equity Length of Time
Ed Code Title: Equity Length of Time
Ed Code Section: 37202
Ed Code Authority: 33050
Ed Code or CCR to Waive: the governing board of a school district shall maintain all the elementary day schools established by it for an equal length of time during the school year.
Outcome Rationale: Our Kindergarten program has, for many years, operated on an "extended day" basis significantly in excess of the minimum requirements. The Board strongly felt that for transitional kindergarten, it was more developmentally appropriate to have a shorter school day for the younger students.
Both Kindergarten and Transitional Kindergarten begin at 8:20 am. Kindergarten dismisses at 2:15 pm, Transitional Kindergarten dismisses at 12:50 pm.
Student Population: 562
City Type: Rural
Public Hearing Date: 6/16/2016
Public Hearing Advertised: Posted at all school sites and at the district office.
Local Board Approval Date: 6/16/2016
Community Council Reviewed By: Los Molinos Elementary School Site Council
Community Council Reviewed Date: 12/17/2015
Community Council Objection: N
Community Council Objection Explanation:
9/20/2016 10:56 AM
Equity Length of Time
Attachment 5
Page 1 of 2
Audit Penalty YN: N
Categorical Program Monitoring: N
Submitted by: Mr.CharlesWard
Position: Superintendent
E-mail:
9/20/2016 10:56 AM
Equity Length of Time
Attachment 5
Page 1 of 2
Telephone: 530-321-5268
Fax: 530-384-7832
Bargaining Unit Date: 03/24/2016
Name: California School Employees Association #806
Representative: Veronica Rico
Title: President, CSEA #806
Position: Support
Comments:
Bargaining Unit Date: 12/15/2015
Name: Los Molinos Teachers Association
Representative: Cheryl Clark
Title: President, LMTA
Position: Support