Executive Office
SBE-005 General (REV. 08/2014) / ITEM #W-03
CALIFORNIA STATE BOARD OF EDUCATION
march 2017 AGENDAGeneral Waiver
SUBJECT
Request by nine 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:
Anaheim Elementary School District 4-11-2016
Coronado Unified School District3-12-2016
El CentroElementary School District 8-11-2016
Escondido Union School District 5-12-2016
Franklin-McKinley Elementary School District 8-12-2016
San Ysidro Elementary School District 14-12-2016
Soulsbyville Elementary School District 7-11-2016
Southside Elementary School District 26-12-2016
Tustin Unified School District 12-11-2016 /
Action
Consent
SUMMARY OF THE ISSUES
Anaheim Elementary School District (AESD), Coronado Unified School District (CUSD), El CentroElementary School District (ECESD), Escondido Union School District (EUSD), Franklin-McKinley Elementary School District (FMESD), San Ysidro Elementary School District (SYESD), Soulsbyville Elementary School District (SESD), Southside Elementary School District (SESD), and Tustin Unified School District(TUSD) 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
Equity Length of Time
Page 2 of 4
conditions. TheAESD, CUSD, ECESD, EUSD, FMESD, SYESD, SESD, SESD and
TUSD will provide information to AESD, CUSD, ECESD, EUSD, FMESD, SYESD, SESD, SESD, and TUSD families by May4, 2017, explaining the waiving of EC Section 37202(a), allowing TK students to attend school for fewer minutes than kindergarten students.
SUMMARY OF KEY ISSUES
TheAESD, CUSD, ECESD, EUSD, FMESD, SYESD, SESD, SESD, and TUSDare 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. TheAESD, CUSD, ECESD, EUSD, FMESD, SYESD, SESD, SESD, and TUSDcurrently offer extended-day (full day) kindergarten programs which exceed the maximum four-hour school day (EC 46111 [a]). TheAESD, CUSD, ECESD, EUSD, FMESD, SYESD, SESD, SESD, and TUSD are requesting flexibility in determining the length of their TK programs in order to provide a modified instructional day, curricula, and developmentally appropriate instructional practices. TheAESD, CUSD, ECESD, EUSD, FMESD, SYESD, SESD, SESD, and TUSDare 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:
AESD has a student population of 18,852,and is located in anurban area in OrangeCounty.
CUSD has a student population of 3,185,and is located in a suburban area in San DiegoCounty.
ECESD has a student population of 4,960,and is located in a rural area in Imperial County.
EUSD has a student population of 16,210,and is located in a suburban area in San Diego County.
FMESD has a student population of 8,543,and is located in an urban area in Santa ClaraCounty.
SYESD has a student population of 4,829,and is located in anurban area in San Diego County.
SESD has a student population of 488,and is located in a rural area in Tuolumne County.
Equity Length of Time
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SESD has a student population of 240,and is located in a rural area in San Benito County.
TUSD has a student population of 24,061,and is located in anurban area in Orange County.
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 STATE BOARD 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 TK.
FISCAL ANALYSIS (AS APPROPRIATE)
Approval of this waiver would have no known fiscal impact.
ATTACHMENT(S)
Attachment 1: Summary Table(4 pages).
Attachment 2: AESD General Waiver Request 4-11-2016 (2 pages). (Original waiverrequest is signed and on file in the Waiver Office.)
Attachment 3: CUSD General Waiver Request 3-12-2016 (2 pages). (Original waiver request is signed and on file in the WaiverOffice.)
Attachment 4: ECESD General Waiver Request 8-11-2016 (2 pages). (Original waiver request is signed and on file in the Waiver Office.)
Attachment 5: EUSD General Waiver Request 5-12-2016 (2 pages). (Original waiverrequest is signed and on file in the Waiver Office.)
Attachment 6: FMESD General Waiver Request 8-12-2016(2 pages). (Original waiverrequest is signed and on file in the Waiver Office.)
Equity Length of Time
Page 4 of 4
Attachment 7: SYESD General Waiver Request 14-12-2016(2 pages). (Original waiverrequest is signed and on file in the Waiver Office.
Attachment 8:SESD General Waiver Request 7-11-2016 (2 pages). (Original waiverrequest is signed and on file in the Waiver Office.)
Attachment 9:SESD General Waiver Request 26-12-2016 (2 pages). (Original waiverrequest is signed and on file in the Waiver Office.)
Attachment 10:TUSD General Waiver Request 12-11-2016 (2 pages). (Original waiverrequest is signed and on file in the Waiver Office.)
Equity Length of Time
Attachment 1
Page 1 of 4
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
4-11-2016 / Anaheim Elementary School District / Requested:
June30, 2017
to
June29, 2019
Recommended:
June30, 2017
to
June27, 2019 / Anaheim Elementary Education Association,
Kristen Fisher
President
9/27/2016
Support / October 12, 2016 / The public hearing notice was posted at the district office and on the district Web site. / Transitional Kindergarten Advisory Committee
September 27, 2016
No Objection
3-12-2016 / Coronado Unified School District / Requested:
August25, 2016
to
June14, 2018
Recommended:
August25, 2016
to
June14, 2018 / Association of Coronado Teachers,
Kathy Couture
Elementary Site Representative
11/02/2016
Support / November 15, 2016 / The public hearing notice was posted at the district office, three school offices, and the district Web site. / TK/K Teachers, Administrators, and Bargaining Unit Representation
November2, 2016
No Objection
Equity Length of Time
Attachment 1
Page 2 of 4
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
8-11-2016 / El Centro Elementary School District / Requested:
August 27, 2012
to
June9, 2017
Recommended:
July 1, 2016
to
June28, 2018 / El Centro Elementary Teacher’s Association,
Shaelynn Barker
President
10/05/2016
Support / Public Hearing Date:
October 11, 2016
Board Approval Date:
November 8, 2016 / The public hearing notice was posted on the district Web site. / School Site Council
October 25, 2016
No Objection
5-12-2016 / Escondido Union School District / Requested:
July1, 2016
to
June 30, 2017
Recommended:
July1, 2016
to
June 30, 2017 / Escondido Elementary Educators Association,
Don Arballo
President
1/06/2016
Support / March 10, 2016 / The public hearing notice was posted at the district office and on the district Web site. / District Advisory Council
January12, 2016
No Objection
8-12-2016 / Franklin-McKinley Elementary School District / Requested:
July 1, 2016
to
June 30, 2018
Recommended:
July 1, 2016
to
June 28, 2018 / Franklin-McKinley Education Association,
Scott Shumlinson
President
4/26/2016
Support / September 27, 2016 / The public hearing notice was posted at school offices, the district office, local libraries, and on the district Web site. / Superintendent’s Advisory Council
April 26, 2016
No Objection
Equity Length of Time
Attachment 1
Page3 of 4
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
14-12-2016 / San Ysidro Elementary School District / Requested:
July28, 2016
to
June 2, 2017
Recommended:
July28, 2016
to
June 2, 2017 / San Ysidro EducationalAssociation,
Guillermina Sandez
President
11/14/2016
Support / August 23, 2016 / The public hearing notice was advertised through automated phone calls, by posting at school offices and the District English Learner Advisory Committee meeting, and by posting on the district Web site. / San Ysidro School District Governing Board
August23, 2016
No Objection
7-11-2016 / Soulsbyville Elementary School District / Requested:
August 23, 2016
to
June 8, 2017
Recommended:
August 23, 2016
to
June 8, 2017 / Soulsbyville Teachers Association,
Russ Fulkerson
Representative
8/12/2016
Support / November 7, 2016 / The public hearing notice was sent to the county superintendent’s
officeand posted on the school’s public bulletin board and at the post office. / Soulsbyville School District Board
November 7, 2016
No Objection
Equity Length of Time
Attachment 1
Page 4 of 4
26-12-2016 / Southside Elementary School District / Requested:August 17, 2016
to
June 9, 2017
Recommended:
August 17, 2016
to
June 9, 2017 / Southside Educator Association,
Dena Gregory-Lead
Representative
8/16/2016
Support / June 1, 2016 / The public hearing notice was posted at the school board meeting. / Southside School Curriculum Council
May 12, 2016
No Objection
12-11-2016 / Tustin Unified School District / Requested:
July 1, 2016
to
June 30, 2017
Recommended:
July 1, 2016
to
June 30, 2017 / Tustin Educators’ Association,
Roger Kavigan
President
10/28/2016
Support / November 14, 2016 / The public hearing notice was posted at the schoolsites, the Tustin Public Library, the district office, and the district’s instructional resource center. / District Parent Advisory Committee
November 2, 2016
No Objection
Equity Length of Time
Attachment 2
Page 1 of 2
California Department of Education
WAIVER SUBMISSION - General
CD Code: 3066423Waiver Number: 4-11-2016Active Year: 2016
Date In: 11/3/2016 4:25:14 PM
Local Education Agency: Anaheim Elementary School District
Address: 1001 South East St.
Anaheim, CA92805
Start: 6/30/2017End: 6/29/2019
Waiver Renewal: N
Previous Waiver Number: 12-3-2015 Previous SBE Approval Date: 7/9/2015
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 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: Anaheim Elementary School District is requesting that we may maintain our current kindergarten and transitional kindergarten (TK) classes at the same school sites within the district for different lengths of time during the day to continue implementing a high quality TK program that provides students with developmentally appropriate instructional practices and preparing them for the more academically rigorous second year of our kindergarten program. We will continue to provide our TK students with a half day program AM/PM model to facilitate smaller student to teacher ratios during this developmental year.
Student Population: 18852
City Type: Urban
Public Hearing Date: 10/12/2016
Public Hearing Advertised: Posted notice on September 29, 2016
Local Board Approval Date: 10/12/2016
Community Council Reviewed By: Transitional Kindergarten Advisory Committee
Community Council Reviewed Date: 9/27/2016
Community Council Objection: N
Community Council Objection Explanation:
Equity Length of Time
Attachment 2
Page2 of 2
Audit Penalty YN: N
Categorical Program Monitoring: N
Submitted by: Ms.BonnieReinhardt
Position: Attendance Tech
E-mail:
Telephone: 714-517-7539 x4205
Fax: 714-517-8533
Bargaining Unit Date: 09/27/2016
Name: Anaheim Elementary Education Association
Representative: Kristen Fisher
Title: President
Position: Support
Comments:
Equity Length of Time
Attachment 3
Page 1 of 2
California Department of Education
WAIVER SUBMISSION - General
CD Code: 3768031Waiver Number: 3-12-2016Active Year: 2016
Date In: 12/2/2016 12:40:56 PM
Local Education Agency: Coronado Unified School District
Address: 201 Sixth St.
Coronado, CA92118
Start: 8/25/2016End: 6/14/2018
Waiver Renewal: N
Previous Waiver Number: 13-12-2015 Previous SBE Approval Date: 3/10/2016
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: 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: Outcome Rationale: See attached
Student Population: 3185
City Type: Small
Public Hearing Date: 11/15/2016
Public Hearing Advertised: Posted: District Office & 3 school site (public location) offices; District website
Local Board Approval Date: 11/15/2016
Community Council Reviewed By: TK/K teachers, Administrators,and Bargaining Unit representation
Community Council Reviewed Date: 11/2/2016
Community Council Objection: N
Community Council Objection Explanation:
Equity Length of Time
Attachment 3
Page 1 of 2
Audit Penalty YN: N
Categorical Program Monitoring: N
Submitted by: Ms.ClaudiaGallant
Position: Senior Director - Learning Department
E-mail:
Telephone: 619-522-8900 x1014
Fax: 619-435-4672
Bargaining Unit Date: 11/02/2016
Name: ACT
Representative: Kathy Couture
Title: ACT Elementary Site Representative
Position: Support
Comments:
Equity Length of Time
Attachment 4
Page 1 of 2
California Department of Education
WAIVER SUBMISSION - General
CD Code: 1363123Waiver Number: 8-11-2016Active Year: 2016
Date In: 11/10/2016 2:27:31 PM
Local Education Agency: El Centro Elementary School District
Address: 1256 Broadway
El Centro, CA92243
Start: 8/27/2012End: 6/9/2017
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
Ed Code Authority: 33050
Ed Code or CCR to Waive: 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: Currently, the District has a 4-hour day program for transitional kindergarten and an extended day program of 6-hours for kindergarten. The District was unaware that it was required to obtain a waiver to provide programs of differing length. Therefore, the District is requesting both a retroactive and future waiver. The District wishes to continue to provide a program of differing length. The District does not feel that extending the day for our Transitional Kindergarten (TK) classes would be developmentally appropriate for our youngest learners.The District is requesting flexibility in determining the length of our transitional kindergarten program in order to continue implementing a high quality transitional kindergarten program that provides a modified instructional day, modified curricula, and developmentally appropriate instructional practices.
Student Population: 4960
City Type: Rural
Public Hearing Date: 10/11/2016
Public Hearing Advertised: Posted on District website.
Equity Length of Time
Attachment 4
Page2 of 2
Local Board Approval Date: 11/8/2016
Community Council Reviewed By: School site council
Community Council Reviewed Date: 10/25/2016
Community Council Objection: N
Community Council Objection Explanation:
Audit Penalty YN: N
Categorical Program Monitoring: N
Submitted by: Ms.KristyCurry
Position: Assistant Superintendent
E-mail:
Telephone: 760-352-5712 x8517
Fax:
Bargaining Unit Date: 10/14/2016
Name: CSEA
Representative: Ramas Morrison
Title: Chapter President
Position: Support
Comments:
Bargaining Unit Date: 10/05/2016
Name: El Centro Elementary Teacher's Association
Representative: Shaelynn Barker
Title: President
Position: Support
Comments:
Equity Length of Time
Attachment 5
Page1 of 2
California Department of Education
WAIVER SUBMISSION - General
CD Code: 3768098Waiver Number: 5-12-2016Active Year: 2016
Date In: 12/5/2016 11:37:48 AM
Local Education Agency: Escondido Union School District
Address: 2310 Aldergrove Ave.
Escondido, CA92029
Start: 7/1/2016End: 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
Ed Code Authority: California School Board of Education
Ed Code or CCR to Waive: California School Board of Education of EC 37202, specifically highlighted below: (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 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 Escondido Union School District (TK-8) consists of 17 elementary schools, 1 intermediate school, and 5 middle schools. Escondido Union School District has a 2016-17 student population of 16,210 composed of 44.42% English learners; 5.74% homeless; 77.19% socio-economically disadvantaged; and 11.41% Special Education.]
The District will offer a full-day schedule to kindergarten students at 5 elementary schools in order to provide those students additional academic support, intervention, and English Language Development support. At those schools, TK students will attend a half-day schedule. All other elementary schools offer TK and K half-day schedules of equal length.
Student Population: 16210
City Type: Small
Public Hearing Date: 3/10/2016
Public Hearing Advertised: Customary board meeting announcements in district website, and district postings.
Equity Length of Time
Attachment 5
Page2 of 2
Local Board Approval Date: 3/10/2016
Community Council Reviewed By: District Advisory Council
Community Council Reviewed Date: 1/12/2016
Community Council Objection: N
Community Council Objection Explanation:
Audit Penalty YN: N
Categorical Program Monitoring: N
Submitted by: Ms.LeilaSackfield
Position: Deputy Superintendent
E-mail:
Telephone: 760-432-2112 x112
Fax: 760-735-2875
Bargaining Unit Date: 01/06/2016
Name: Escondido Elementary Educators Association
Representative: Don Arballo