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California Department of Education
Executive Office
SBE-005 General (REV.08/2014) / ITEM #W-14

CALIFORNIA STATE BOARD OF EDUCATION

MaY 2017 AGENDA
General Waiver
SUBJECT
Request by eightlocal educational agenciesto waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance for an extended school year (summer school) for individuals with exceptional needs.
Waiver Numbers:
Chico Unified School District 11-1-2017
Fremont Union High School District 22-1-2017
Hanford Elementary School District 32-2-2017
Kings County Office of Education 14-1-2017
National Elementary School District 11-2-2017
Ocean Unified School District 15-2-2017
Shasta County Office of Education 27-1-2017
Tehama County Office of Education 20-1-2017 /

Action

Consent

SUMMARY OF THE ISSUES

Eight local educational agencies (LEAs) request to be allowed to provide instruction in fewer than the 20 school 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 (CDE) recommends that the State Board of Education (SBE) approve the request from eight LEAs to provide ESY services for fewer than 20 days with the condition thatinstructional hours are consistent with those provided to the general education enrollment at the same grade level unless their individualized education program (IEP) specifies otherwise. 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 Chico Unified School District (CUSD) proposes to provide ESY services to identified students with disabilitiesutilizing a 15-dayschedule of five and a half hours of instruction per day, equaling 82.5 hours of ESY instruction. Parents, students, and staff supported the longer more intense instructional minutes. Fewer ESY days will result in substantial savings in transportation, utilities, janitorial, food services, administration, and clerical costs to districts, and will also assist the CUSD to hire highly qualified special education teachers recurrently employed by the district.

The Fremont Union High School District (FUHSD) is proposing to provide ESY utilizing a 15-day schedule of 330 minutes, or five hours and 30 minutes each day. The 15-day schedule will provide the same amount of instructional hours as the standard 20-day schedule. The proposed ESY schedule will allow the FUHSD to provide more continuity for delivery of instruction. It would facilitate cost effective services within the classrooms, and reduce costs for transportation, electricity, custodial services, etc. Additionally, it would expand uninterrupted opportunities for school custodial staff to improve facilities before school re-opens for the next school year.

The Hanford Elementary School District requests to provide ESY services operating a 14-day schedule of five and three-quarter hours per day which woulddeliver 80.5 hours of ESY instruction. Under the proposed schedule,the program will not run into the hotter month of July when the temperatures rise above 110 degrees, causing a toll on both the students as well as the air conditioning system.The proposal will align with the general education summer enrichment program, allowing students in special education to interact with their peers in general education, and it will increase student enrollment and participation.Additionally, it will allow the special education teachers who teach the mild to moderate and moderate to severe student population to participate in the year-end professional development programs held during the months of July and August.

The Kings County Office of Education proposes to provide ESY services utilizing a 16-day schedule of five hours of instruction per day, which will provide 80 hours of instructional time. This schedule will provide greater opportunity for school facility improvements, family vacation time, and will allow staff additional time to pursue professional development and recharge before the following school year. Fewer ESY days will result in significant financial savings in energy usage, transportation, janitorial, and other costs associated with running the program.

The National City School District (NCSD)proposes to provideESY services utilizing a 15-day schedule of approximately five and one-third hours of instruction per day, which will provide 80.25 hours of instructional time. The traditional four week ESY schedule would only allow families and staff a two week summer break due to the six week NCSD summer break schedule. Historically, the traditional ESY schedule made it difficult for the NCSD to hire quality ESY staff, and student attendance decreased significantly on the fourth week of instruction. The NCSD provided a 15-day ESY program in the

2015–16 school year and found thatstudent enrollment remained consistent

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throughout.

The Oceanside Unified School District (OUSD) is proposing to provide a 16-day ESY schedule of five hours of instructiona day, for a total of 80 instructional hours. The OUSD has successfully implemented the 16-day ESY schedule over the last three years, and found the schedule allowed them to have more classroom time with the students, provide professional learning opportunities to their staff during the summer break, and reduce overall transportation costs. The schedule is supported by staff, parents, and union representation.

The Shasta County Office of Education (SCOE) proposes to provide ESY services utilizing a 15-day modelof five and one-half hours of instruction per day, providing approximately 82 hours of instructional time. This schedule will align with other regional program operations providing intensive support in less time. It willreduce the travel time for students, and reduce costs for districts.

The Tehama County Office of Education proposes to provide ESY services utilizing a 15-day model. The preschool program will operate four instructional hours per day vs. three hours, and the kindergarten–adult program will operate five and one-half instructional hours per day vs. four hours. The hours per day, per program, will increase the ESY minutes of instruction, and will align better with the typical school day for all grade levels served. Fewer ESY instructional days will provide substantial savings in transportation, utilities, janitorial, food service, administration, and clerical costs.

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

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 students with disabilities.

Extended school year is the term for the education of students with disabilities “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 whoseIEP 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 (8pages)

Attachment 2:Chico Unified School District General Waiver Request (2 pages)

11-1-2017(Original waiver request is signed and on file in the Waiver Office.)

Attachment 3:Fremont Union High School District General Waiver Request

22-1-2017 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 4:Hanford Elementary School District General Waiver Request

32-2-2017 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 5:Kings County Office of Education General Waiver Request 14-1-2017 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 6:National Elementary School District General Waiver Request

11-2-2017 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 7:Oceanside Unified School District General Waiver Request 15-2-2017 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 8:Shasta County Office of Education General Waiver Request 27-1-2017 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 9:Tehama County Office of Education General Waiver Request

20-1-2017 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

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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
11-1-2017 / Chico Unified School District / Requested:
June 12, 2017
to
June30, 2017
Recommended:June 12, 2017
to
June 30, 2017
15 days at 5.5 hours/day
82.5 hours total / Student population: 11,990
Area: Rural
County:Butte / 12/14/2016 / Chico Unified Teachers Association,
Kevin Moretti
President
1/22/2016
Support / Notice posted at the district office and online / School Site Council- SELPA for Butte County Office of Education
11/17/2016
No objection

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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
22-1-2017 / Fremont Union High School District / Requested:
June 12, 2017
to
June 30, 2017
(Peradditional information provided by the district)
Recommended:June 12, 2017
to
June 30, 2017
15 days at 5.5 hours/day
82.5hours
total / Student population:150
Area:Urban
County:Santa Clara / 1/10/2017 / Fremont Education Association,
Jason Haskett
President
10/27/2016
Support / Notice posted online
(Peradditional information provided by the district) / Community Advisory Committee
12/9/2016
(Peradditional information provided by the district)
No objection

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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
32-2-2017 / Hanford Elementary School District / Requested:
June 12, 2017
to
June 29, 2017
Recommended:June 12, 2017
to
June 29, 2017
14 days at 5.75 hours/day
80.5 hours total / Student population:387
Area:Rural
County:Kings / 2/22/2017 / California Employees Association #344,
Ron Riso
President
2/13/2017
Support
Hanford Elementary Teachers Association,
April Silva
President
Support / Board agenda (Posted publicly) / Hanford Elementary School District Board of Trustees
1/6/2016
No objection

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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
14-1-2017 / Kings County Office of Education / Requested:
June 15, 2017
to
June 30, 2017
Recommended:June 15, 2017
to
June 30, 2017
16 days at 5 hours/day
80 hours total / Student population:294
Area: Rural
County:Kings / 1/11/2017 / California School Employees Association,
Rebekah Thompson
President
12/15/2016
Support / Notice posted in a newspaper and Board agenda postings / Kings County School Board
1/11/2017
No objection

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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
11-2-2017 / National Elementary School District / Requested:
June 16, 2017
to
July 7, 2017
(Per additional information provided by the district)
Recommended:June 16, 2017
to
July 7, 2017
15 days at 5.35 hours/day
80.25 hours
total / Student population:5,779
Area:Urban
County:San Diego / Local Board
1/25/2017
Public Hearing
1/10/2017 / California School Employees Association,
Mona Ribada
President of CSEA
1/10/2017
Support
National City Teachers Association,
Irma Sanchez
Special Education Unit Representative
11/28/2016
Support / Notice posted at the school library, 10 school sites, and the online board agenda / National City Elementary Teachers Association, National City School Board
1/25/2017
No Objection

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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
15-2-2017 / Oceanside Unified School District / Requested:
June 19, 2017
to
July13, 2017
Recommended:June 19, 2017
to
July 13, 2017
16 days at 5 hours/day
80 hours
total / Student population:18,899
Area:Suburban
County:San Diego / 1/17/2017 / California School Employees Association,
Collette Leyva
President
1/17/2017
Support
Oceanside Teachers Association,
Jennifer Skellet
President
1/17/2017
Support / Notice posted at each school, District Web site, all District buildings, and local public libraries / Extended Cabinet
1/16/17
No objection

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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
27-1-2017 / Shasta County Office of Education / Requested:
June 7, 2017
to
July 27, 2017
Recommended: June 7, 2017
to
July 27, 2017
15 days at 5.5 hours/day
82.5 hours
total / Student population:45
Area:Rural
County:Shasta / 12/14/2017 / California State Employees Association,
Dan Coyne
President
11/28/2016
Support
Shasta California Teachers Association
Karin Lindsey
Acting President
11/28/2016
Support / Notice posted in a newspaper, school site, and parent communications / Program Advisory Committee
10/20/16
No objection

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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
20-1-2017 / Tehama County Office of Education / Requested:
June 19, 2016
to
July 7, 2017
Recommended:June 19, 2016
to
July 7, 2017
Preschool
15 days at
4 hours/day
60 hours
Total
Kindergarten–Adult
15 days at
5.5 hours/day
82.5 hours
Total / Student population:160
Area:Rural
County:Tehama / 1/18/2017 / California School Employees Association,
Dawn Retzlaff
President
12/7/2016
Support
California Teachers Association,
Dave Torgersrud
President
12/7/2016
Support / Notice posted in a newspaper, online, and on the doors of the Tehama County Department of Education and Special School and Services buildings / Community Advisory Committee
12/9/2016
No objection

Created by the California Department of Education

February21, 2017

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Attachment 2

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California Department of Education

WAIVER SUBMISSION - General

CD Code: 0461424Waiver Number: 11-1-2017Active Year: 2017

Date In: 1/11/2017 2:40:35 PM

Local Education Agency: Chico Unified School District

Address: 1163 East Seventh St.

Chico, CA95928

Start: 6/12/2017 End: 6/30/2017

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: 5 CCR 3043

Ed Code Authority: 33050-33053

Ed Code or CCR to Waive: California Code of Regulations 5-CCR / 3043 / d - request to waive portion of section -" an extended year program (ESY) shall be provided for a [ minimum of 20 instructional days], including holidays.

Outcome Rationale: Due to fiscal considerations and regression of academic skills learned during 2016 school year, CUSD proposes to provide ESY services to identified special education students, utilizing a fifteen (15) school day, five and half (%>%) hours of instruction model rather than the traditional model of twenty (20) days with (4.0) hours of instruction. Parent, students and staff supported the longer more intense instructional minutes. Fewer ESY days will result in substantial savings in transportation, utilities, janitorial, food services, administration and clerical costs. It also will assist in hiring highly quality special education teachers recurrently employed by the district.

Student Population: 11990

City Type: Rural

Local Board Approval Date: 12/14/2016

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Mr.ericSnedeker

Position: Director of Speical Eduction

E-mail:

Telephone: 530-891-3000 x135

Fax: 530-891-3011

Bargaining Unit Date: 11/22/2016

Name: CUTA

Representative: Kevin Moretti

Title: President CUTA

Position: Support

Comments:

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Attachment 3

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California Department of Education

WAIVER SUBMISSION - Specific

CD Code: 4369468Waiver Number: 22-1-2017Active Year: 2017

Date In: 1/19/2017 4:59:21 PM

Local Education Agency: Fremont Union High

Address: 589 West Fremont Ave.

Sunnyvale, Ca94087

Start: 8/15/2016End: 6/30/2017

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: Special Education Program

Ed Code Title: Extended School Year (Summer School)

Ed Code Section: 34 C.F.R. section 300.106

Ed Code Authority: 3043(d)

Ed Code or CCR to Waive: (d) An extended year program shall be provided for a minimum of 20 instructional days, including holidays.

Outcome Rationale: FREMONT UNION HIGH SCHOOL DISTRICT requests to be allowed to provide instruction in fewer than the 20 days required by law for extended school year (ESY). The LEA requests an alternate 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 330 minutes per day (15 days X 330 minutes per day = 4950 minutes), providing the same number of minimum hours as in a traditional 20-day model. The proposed model, which extends daily attendance time, results in sufficient time totals, but provides for a reduction in total days of attendance to 15 days, Monday through Friday, over a three-week period. The FREMONT UNION HIGH SCHOOL DISTRICT School District believes the proposed model will:

* provide more continuity for delivery of instruction and promotion of community based instruction and increase the opportunities for travel training. Additionally this would allow students and families the flexibility to plan extended vacation breaks without interrupting the students’ educational program.