CSEA has an interest in improving language and providing professional development to our members (Article #22)

CSEA has an interest in negotiating a fair and equitable ongoing salary increase for its bargaining unit members.  (Article #16, Appendix B)

SB 858, Sec. 27, Education Code 42127.01, will require school districts like MBUSD to spend their assigned and unassigned account balances down to no more than two times the minimum level of the statutory reserve for economic uncertainties in the fiscal year following the fiscal year in which the State of California makes a payment of any amount to the Public School System Stabilization Account. While it could take many years for the State of California to build up an adequate Public School System Stabilization Account, in one year, school districts would be forced to spend down their reserves and ending balances to levels that could jeopardize fiscal solvency.  This resolution would call upon the Legislature and the Governor to repeal or substantially change the language contained in Sec. 27 of SB 858 (Chapter 32, Statutes of 2014), now in Education Code 2127.01.

Mira Costa High School is in the middle of a WASC (Western Association of Schools and Colleges) Accreditation year.  This means that the school is completing a comprehensive self-study which will be reviewed by a team of educators trained by WASC.  The WASC team will visit the campus for four days this spring to observe the school, and will make a recommendation for accreditation.  Mira Costa High School has had outstanding WASC reviews in the past, and always learns from the experience.

Dr. Ben Dale, Mira Costa High School Principal, has led many WASC teams reviewing other high schools.   Mr. Michael McAvin and Mr. Alan Zeoli are the self-study coordinators.  Other staff, students and parents participated on one of five staff-led Focus Groups who gathered data for the report in the areas of: Mission and Vision, Curriculum, Instruction, Assessment and Data Analysis, and School Culture and Safety.  

Mira Costa leaders will give the Board an overview of major conclusions of the self-study, using a presentation given to MCHS staff last week.

The following background information about WASC was extracted from the WASC website (ascwasc.org).

The Accrediting Commission for Schools, Western Association of Schools and Colleges (ACS WASC) is one of six regional accrediting associations in the United States. The Commission provides assistance to schools located in California, Hawaii, Guam, the Commonwealth of the Northern Marianas, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and East Asia.

The original purpose of accreditation in the United States was designed to encourage the standardization of secondary school programs, primarily to ensure for the benefit of colleges and universities that graduating students had mastered a particular body of knowledge. However, today the process developed by the Accrediting Commission for Schools, Western Association of Schools and Colleges (ACS WASC), involves a dual purpose that continues the expectation that schools must be worthy of the trust placed in them to provide high quality learning opportunities, but with the added requirement that they clearly demonstrate that they are about the critical business of continual self-improvement.

Ultimately, the accreditation process is all about fostering excellence in the elementary, secondary, adult, postsecondary and supplementary education programs we accredit. Our fundamental cause involves helping schools meaningfully create the highest quality learning experience they can envision for all students. It is ACS WASC's consistent purpose to professionally support schools in creating for themselves a clear vision of what they desire their students to know and be able to do and then to ensure that efficient and relevant systems are in place that predictably result in the fulfillment of those expectations for every child.

The capacity of any organization to improve is directly related to its ability to recognize, acknowledge, and act on its identified strengths and limitations. The accreditation process is a vehicle that enables schools to improve student learning and school performance based on an analysis of those strengths and limitations. Participating schools must meet rigorous, research-based standards that reflect the essential elements of a quality and effective school, but again, must also be able to demonstrate engagement in as well as capacity to provide continuous school improvement.

The Accrediting Commission for Schools, Western Association of Schools and Colleges (ACS WASC) believes that the goal of any school should be to provide for successful student learning. Programs encompassing both the cognitive and affective components of learning should foster human growth and development and enable students to become responsible, productive members of the school community and of society. Each school should develop a school purpose to reflect its beliefs. For ongoing program improvement, each school should engage in objective and subjective internal and external evaluations to assess progress in achieving its purpose.

The Commission grants accreditation to a school based upon the following:

The presumption that the primary goals of accreditation are:

• Certification to the public that the school is a trustworthy institution of learning
• The improvement of the school's programs and operations to support student learning
• The school's self-study and the visiting committee report provides compelling evidence that:
  • The school is substantially accomplishing its stated purposes and functions identified as appropriate for an institution of its type
  • The school is meeting an acceptable level of quality in accordance with the WASC criteria adopted by the Accrediting Commission.

The entire staff and representatives of the student body and community are involved in the preparation of the self-study, which is accomplished over a period of several months. ACS WASC provides training workshops to assist schools in conducting the self-study. During this phase, all staff members candidly assess the school’s strengths and areas needing improvement with respect to the criteria. Basically, the steps of the self-study are:

• Understand the school improvement purpose of the self-study
• Analyze and understand the criteria
• Develop, clarify, and assess accomplishment of schoolwide student goals (learner outcomes)
• Compare the school program to the criteria
  • Collect and analyze verifying information
  • Analyze and deliberate the results of the comparison
  • Agree on the status of the program
  • Agree on strengths and areas for improvement
  • Develop a schoolwide action plan to increase the effectiveness of the program for students
    • Decide on priorities based on self-study findings
    • Discuss possible solution steps
    • Agree on the action to be taken, by whom and when
    • Agree on ways to monitor and assess progress

 Working through numerous committees, staff members summarize their finding of this in-depth assessment which becomes part of a school self-study report. At least four weeks prior to the visit, this completed self-study is shared with members of a visiting committee composed of fellow educators.

California law specifies the minimum length of the school day for elementary and secondary schools.  Pursuant to Education Code 46114, the minimum school day in grades K-8 may be computed by determining the average number of minutes over 10 consecutive school days (i.e., the number of minutes of attendance in any 10 consecutive school days, divided by 10). Education Code 46142 authorizes the minimum school day in junior high and high schools to be computed by averaging the number of minutes over two consecutive school days. The district will be in compliance if the average is at least the minimum day required by law, even if the number of minutes in any one school day is less than the minimum required school day. However, Education Code 46114 and 46142 provide that no single school day may be less than 60 minutes for kindergarten, 170 minutes for grades 1-3, or 180 minutes for grades 4-12.

The Governing Board may extend the school day under the incentive funding offered pursuant to Education Code 46200-46205 and in accordance with collective bargaining agreements. Education Code 46201.2 provides that, between the 2009-10 and 2014-15 school years, any district receiving this incentive funding may reduce the school year by up to five instructional days or the equivalent number of instructional minutes without incurring financial penalties; also see BP 6111 - School Calendar.

Also, the state legislature has addressed recent national interest in children’s physical well-being and the growing trend of childhood obesity with recommendations for the elementary school day. Pursuant to Education Code 33350, the California Department of Education encourages districts to provide daily recess periods for elementary students, featuring time for unstructured but supervised play. In addition, the Superintendent of Public Instruction's Task Force on Obesity, Type 2 Diabetes, and Cardiovascular Disease recommends that students in grades K-6 be provided with recess or other physical activity breaks at least once per 120 minutes of instruction. The National Association for Sport and Physical Education recommends daily recess breaks of at least 20 minutes each day.

MBUSD Board Policy 6112, School Day, has been updated to include material regarding the length of the school day for students with disabilities and the minimum amount of recess time in elementary schools, and moves material from AR to BP regarding requirements for board consultations and public hearings prior to establishing a block schedule.

The supporting regulation has also been updated to clarify legal requirements pertaining to the minimum and maximum school day at various grade levels and to reflect the minimum number of courses in which high school seniors must be enrolled. It further expands material on exceptions to the 240-minute minimum school day for grades 9-12 to include regional occupational centers, concurrent enrollment in colleges classes, evening high schools, and, as added by new law (SB 1316, 2012), early and middle college high schools.

State law requires that visual and performing arts be included in the course of study offered in grades 1-6 (Education Code 51210) and grades 7-12 (Education Code 51220); see AR 6143 - Courses of Study. In addition, Education Code 51225.3 requires completion of one course in visual or performing arts, foreign language (including American Sign Language), or career technical education for high school graduation; see BP 6146.1 - High School Graduation Requirements.

The State Board of Education (SBE) has adopted content standards for visual and performing arts, including standards for dance, music, theatre, and visual arts at each grade level for grades K-8 and as a cluster for grades 9-12. The following revised policy reflects the major strands of the state content standards.

Pursuant to Education Code 60200, the SBE adopts basic instructional materials for use in grades K-8, including materials for visual and performing arts; see BP/AR 6161.1 - Selection and Evaluation of Instructional Materials. Education Code 60210 authorizes the Governing Board to select materials that have not been approved by the SBE provided that the materials are aligned with state academic content standards and the majority of participants in the review process are teachers assigned to the subject area or grade level for which the materials will be used. For grades 9-12, Education Code 60400 and 60411 authorize the Board to select district instructional materials that meet criteria specified in law.

MBUSD Board Policy 5146 has been updated to delete the program requirements related to Arts and Music Block Grants since new law (AB 97) redirects funding for these grants into the Local Control Funding Formula (LCFF). Revised policy also reflects law which now allows the district to select non-SBE-approved instructional materials for grades K-8 provided the materials are aligned to state     standards and selected through a process involving a majority of teachers.   

Education Code 51210 and 51220 require that mathematics, including mathematical concepts and understandings, operational skills, and problem solving, be included in the course of study offered in grades 1-12; see BP 6143 - Courses of Study. In addition, Education Code 51224.5 specifies that the adopted course of study for grades 7-12 must include algebra and that, as part of the two courses in mathematics required for high school graduation pursuant to Education Code 51225.3, students must complete coursework that meets or exceeds the rigor of the content standards for Algebra I adopted by the State Board of Education (SBE); see BP 6146.1 - High School Graduation Requirements.

The Common Core State Standards (CCSS) for mathematics, adopted in November of 2013, are based on the three principles of (1) focus, placing strong emphasis on the concepts in the standards so that students have sufficient time to think about, practice, and integrate new ideas; (2) coherence, linking topics across grade levels and establishing connections with other topics; and (3) rigor, requiring that conceptual understanding, procedural skills and fluency, and applications be pursued with equal intensity.

All California schools are expected to implement the CCSS in the 2014-2015 school year.  The SBE recently adopted the Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve to reflect these standards. In addition, the state assessment system is transitioning to the California Assessment of Student Performance and Progress that is aligned with the CCSS; see BP/AR 6162.51 - State Academic Achievement Tests.

Education Code 51284, as amended by AB 166 (Ch. 135, Statutes of 2013), requires that, concurrent with the next revision of textbooks or the curriculum framework in mathematics, the SBE ensure the integration of financial literacy, including, but not limited to, budgeting and managing credit, student loans, consumer debt, and identity theft security.

In addition, the CCSS for higher mathematics for secondary students replace the unique Grade 8 Algebra course with an Algebra I course that covers the same content regardless of the grade level of the student taking the course. Thus, students who are not ready to take Algebra in grade 8 may take an alternate path. As revised, the higher mathematics standards are organized into both conceptual categories and model courses, which may be delivered using a traditional pathway (i.e., Algebra I, Geometry, Algebra II) or an integrated pathway (i.e., Mathematics I, II, and III) in which each course contains standards from all six conceptual categories. The CCSS also provide for two advanced courses: (1) Advanced Placement Statistics and Probability and (2) Calculus.

Important to the funding for professional development opportunities to meet the requirements of CCSS is the passage of AB 97 (Ch. 47, Statutes of 2013) which has eliminated the Professional Development Block Grant (Education Code 41530-51532) and the Mathematics and Reading Professional Development Program (Education Code 99230-99242). These funding sources have been redirected into the local control funding formula.  Now, at its discretion, the district may use the above mentioned funding sources to meet any local need related to these and other instructional programs.

Finally, as a condition of receiving funds for instructional materials from any state source, Education Code 60119 requires the Governing Board to annually hold a public hearing to determine whether each student in the district has sufficient standards-aligned textbooks or instructional materials in mathematics and other specified subjects to use in class and to take home. For a definition of "sufficiency" for this purpose and a sample Board resolution, see BP/E 6161.1 - Selection and Evaluation of Instructional Materials.

Manhattan Beach Unified School District Board Policy 6142.92, Mathematics Instruction, has been updated to reflect the Common Core State Standards and new state curriculum framework for mathematics. The revisions also (1) reflect new law (AB 166, 2013) which requires the State Board of Education, concurrent with the next revision of textbooks or the curriculum framework in mathematics, to ensure the integration of financial literacy; (2) reflect new law (AB 97, 2013) which eliminates the Professional Development Block Grant and the Mathematics and Reading Professional Development Program; and (3) added material on program evaluation.

To encourage district students to challenge themselves academically, develop college-level skills, and be more competitive when applying for admission to postsecondary institutions, the Governing Board desires to offer opportunities to high school students to take Advanced Placement (AP) courses and pass AP examinations.

To meet the direction from the Board, the Superintendent or designee shall make all efforts to encourage students to participate in AP courses and to take end-of-year AP exams by creating and maintaining support systems for students desiring to take AP courses and end-of-year AP exams. 

To provide guidelines for administrators and AP teachers regarding the curricular and resource requirements of AP courses, the College Board has created a voluntary audit process. The AP audit specifies a set of expectations established by college and university faculty for college-level courses. Courses that meet or exceed these expectations will be authorized to use the "AP" designation on students' transcripts. In addition, approved courses are listed in the AP Course Ledger which is used by colleges to confirm high school course content. Schools that offer the AP exam without labeling the school's courses as AP on students' transcripts do not need to participate in the audit. 

Manhattan Beach Unified School District Board Policy 6141.5, Advanced Placement, has been updated to reflect the self-repeal of law providing state grants to reduce the cost of Advanced Placement (AP) examination fees for economically disadvantaged students and new law (AB 97, 2013) which redirected that funding and funding for the gifted and talented education program, into the Local Control Funding Formula (LCFF).

The supporting Regulation has been deleted because of self-repeal of legal requirements related to state grants for reducing AP examination fees.

Education Code 48070.5 mandates that districts adopt policy indicating the manner in which opportunities for remedial instruction will be provided to students who are recommended for retention or who are identified as being at risk for retention. Although categorical program funding for supplemental instruction for students who have been retained or recommended for retention (Education Code 37252.2) and for students in grades 2-6 who have been identified as being at risk of retention (Education Code 37252.8) has been redirected into the local control funding formula pursuant to AB 97, Statutes of 2013), the requirement to provide remedial instruction to such students was not eliminated. The District may design supplemental instructional programs for these purposes in a manner that meets district and student needs, provided it complies with Education Code 48070.5.

In addition, Education Code 60851 requires districts to provide supplemental instruction to students in grades 7-12 who do not demonstrate "sufficient progress" toward passing the California High School Exit Examination. Although categorical program funding for such instruction (Education Code 37252) has   been redirected into the local control funding formula pursuant to AB 97 (Ch. 47, Statutes of 2013), the requirement to provide supplemental instruction for this purpose was not eliminated. Districts may design supplemental instructional programs in a manner that meets district and student needs, provided they comply with Education Code 60851. However, Education Code 60851 clarifies that districts are not required to provide supplemental services using resources that are not regularly available to a school or district.

Further, although Education Code 37252.8-37254 provides for supplemental instructional programs for students in grades 2-6 having academic deficiencies in mathematics or English language arts, K-12 students seeking enrichment in core academic subjects, and students failing to pass the high school exit exam by the end of grade 12, AB 97 (Ch. 47, Statutes of 2013) redirected the funding for those categorical programs into the local control funding formula. In addition, AB 97 redirected funding for the Pupil Retention Block Grant (Education Code 41505-41506), which allowed funding to be used for the purposes of intensive reading or algebra programs, into the local control funding formula. At its    discretion, the district may continue to offer supplemental instruction for these or other purposes in accordance with the goals and strategies identified in its Local Control and Accountability Plan (LCAP); see BP/AR 0460 - Local Control and Accountability Plan.

Supplemental instruction, in addition, may be offered to students in targeted at-risk student groups identified in the district's LCAP. Pursuant to Education Code 52060, as added by AB 97 (Ch. 47, Statutes of 2013), the LCAP must include annual goals to be achieved for all students and for each numerically significant subgroup as defined in Education Code 52052, which may include ethnic subgroups, socioeconomically disadvantaged students, English learners, students with disabilities, and foster youth if there are at least 30 students in the subgroup (or at least 15 foster youth) in the school or district.

MBUSD Policy 6179 has been updated to reflect new law (AB 97) which redirects funding for supplemental instruction programs into the LCFF. The revision also clarifies which programs are still required by law and which are discretionary, and reflects new law (AB 484) which establishes a new state assessment system, thereby affecting the criteria that may be used to determine student eligibility for supplemental instruction based on lack of sufficient progress toward passing the high school exit exam.

MBUSD Administrative Regulation 6179 has been deleted since funding for supplemental instruction programs was redirected into the LCFF pursuant to new law (AB 97).  When appropriate, some concepts have been moved to the updated policy.           

State model curriculum standards for CTE for grades 7-12 integrate the state's academic content standards with industry-specific knowledge and skills in 58 career pathways organized into 15 industry sectors: agriculture and natural resources; arts, media, and entertainment; building trades and construction; education, child development, and family services; energy and utilities; engineering and design; fashion and interior design; finance and business; health science and medical technology; hospitality, tourism, and recreation; information technology; manufacturing and product development; marketing, sales, and service; public services; and transportation. The state's curriculum framework for CTE provides guidance in implementing the state content standards. Any district that adopts a course of study that meets or exceeds the state model curriculum standards will be deemed to have satisfied the   requirement of Education Code 51228 that the district offer students in grades 7-12 the opportunity to attain entry-level employment skills in business or industry upon high school graduation; see BP 6143 - Courses of Study.

Beginning in the 2012-13 school year, Education Code 51225.3, as amended by AB 1330 (Ch. 621, Statutes of 2011), authorizes the Board to include a course in CTE as an alternative to the visual or performing arts or foreign language course requirement for high school graduation; see BP 6146.1 - High School Graduation Requirements.

The following mandated policy is updated to list types of career technical education (CTE) programs that may be offered, reflect concepts of linked learning based on definition in law (AB 790, 2011) which establishes a pilot project, reflect law (AB 1330, 2011) which allows districts to establish CTE as an optional graduation requirement, and reflect new law (AB 1304) which authorizes the CTC to issue a "recognition of study in linked learning" following a teacher's completion of an approved course. Updated policy also includes a goal to focus on high-skill, high-wage, high-demand occupations; provides examples of work-based learning opportunities; expands language re: collaboration with postsecondary institutions; and reflects the requirement to disaggregate program evaluation data.

The supporting new regulation includes a section on regional occupational centers/programs stating basic program goals and linking to BP 6178.2 - Regional Occupational Center/Program. Education Code 52301 authorizes the establishment of an ROC/P by (1) the County Superintendent of Schools, with the approval of the State Board of Education (SBE); (2) two or more districts maintaining high schools, with the approval of the SBE and the County Superintendent; or (3) a single district with an average daily attendance (ADA) of 50,000 or more located in a class 1 county or a district with an ADA of 100,000 or more located in a class 2 county, as defined in Education Code 1205. ROC/P courses are open to secondary students, with priority enrollment given to students ages 16-18 or in grades 11-12. See BP 6178.2 - Regional Occupation Center/Program for additional program requirements.

Pursuant to Education Code 60640-60649, as amended by AB 484 (Ch. 489, Statutes of 2013), beginning in the 2013-14 school year, the state assessment system transitioned from the Standardized Testing and Reporting program to the California Assessment of Student Performance and Progress (CAASPP); see BP/AR 6162.51 - State Academic Achievement Tests.

AB 484 also amended Education Code 60611 to prohibit districts from implementing any program for the sole purpose of test preparation for state assessments. In the amendment to Education Code 60611, Ch. 489, Statutes of 2013 did clarify that districts are not prohibited from using materials to familiarize students with item types or the computer-based testing environment used in the CAASPP.  The Smarter Balanced Assessment Consortium provides a practice and training test site which offers opportunities for administrators, students, and others to become familiar with the online testing environment before taking an actual online assessment. Additional guidance on appropriate test preparation is also available in the California Department of Education's (CDE) Guidelines on Academic Preparation for State Assessments 5 CCR 854, which addressed the limited use of practice tests provided by the publisher of the state assessments, was repealed by Register 2014, No. 6.  

Manhattan Beach Unified School District Board Policy 6162.54, Test Integrity/Test Preparation, has been updated to reflect New Law (AB 484, 2013) which establishes the CAASPP assessment system, prohibits use of a program for the sole purpose of test preparation for state assessments, and allows districts to familiarize students with item types or the computer-based testing environment used in the CAASPP. The revision further deletes material reflecting state regulations on test preparation repealed by Register 2014, No. 6.

Education Code 38133 mandates that the Governing Board develop rules and regulations related to the management, direction, and control of school facilities.

Pursuant to Education Code 38130-38138 (the Civic Center Act), school facilities are civic centers and, under certain circumstances, members of the school community must be allowed to use them for specified purposes. In granting access for use of school facilities to district residents and community groups, the Board must carefully avoid discriminating against certain individuals, groups, or viewpoints and thereby violating constitutional requirements, including their free speech rights. In Good News Club v. Milford Central School, the U.S. Supreme Court held that the school district violated the club's free speech rights when it denied the club use of school facilities for after-school meetings because of the religious nature of the meetings.

Recognizing certain restrictions, the district may charge fees for use of school facilities as well as authorize free use to nonprofit organizations, clubs, or associations organized to promote youth and school activities.  Education Code 38134 authorizes districts to charge an amount "not to exceed" direct costs for the use of school facilities or grounds by community groups and entities and mandates that each district adopt a policy specifying the activities and organizations that shall be charged up to direct costs. The code goes on to state that if the district allows any group to use the facilities for religious services, the group must be charged "at least" direct costs.

Education Code 38134 lists the nonprofit organizations, clubs, and organizations that promote youth and school activities. As amended by SB 1404 (Ch. 764, Statutes of 2012), Education Code 38134 now includes the YMCA and religious organizations or churches that arrange for and supervise sports league activities for youth among these nonprofit groups. In addition, Education Code 38134, as amended by SB 1404 (Ch. 764, Statutes of 2012),  specifically defines "direct costs"until January 1, 2020. SB 1404 further requires that the State Board of Education, no later than December 31, 2013, adopt regulations for determining "the proportionate share" and the specific allowable costs that a district may include in calculating direct costs of the use of its facilities or grounds.

Revised Board Policy 1330 reflects new law (SB 1404, 2012) which (1) modifies the definition of "direct costs" that may be charged for community use of school facilities or grounds and (2) includes the YMCA and religious organizations/churches that arrange for and supervise youth sports league activities among the nonprofit organizations, clubs, and associations that may be allowed the use of school facilities or grounds without charge.  Further, the updated policy adds statements on joint use of school facilities and references BP 1325 - Advertising and Promotion for guidance on advertisements on school facilities.

Revised Administrative Regulation 1330 clarifies responsibilities of groups or organizations using school facilities, including a requirement to provide evidence of insurance against claims arising out the group's own negligence. The updated regulation also has moved material from the regulation to the board policy in reference to authority to grant the use of school facilities on those days on which the school is closed.

New Exhibit 1330 provides a sample form for requiring a group or organization to (1) indicate its agreement to expressly comply with district restrictions on the use of facilities and (2) indicate its recognition of its liability for any damage or injury caused by its negligence.

Education Code 17455 authorizes the sale, or lease of up to 99 years, of any district real property together with any personal property located thereon without taking a vote of the electors of the district. To do so, the property must not or will not be needed by the district, and the district must follow the procedures under Education Code 17387-17391. When a district is selling any property or leasing it with an option to purchase, Education Code 17464 lists the public entities that have priority to lease or purchase surplus district properties and the types of notice that the district must provide such entities before disposing of the property.

Pursuant to Education Code 17457.5, as amended by AB 86 (Ch. 48, Statutes of 2013), an offer to sell the property must first be extended to a charter school that: (1) projects an in-district average daily attendance of at least 80 students for the following fiscal year, (2) submitted a written request to the district to be notified of surplus property offered for sale or lease by the district, and (3) intends to use the property exclusively to provide instruction or instructional support.

Under certain circumstances, districts may also need to comply with Education Code 17485-17500 (the Naylor Act), which require the granting of priority to public agencies when disposing of any district property that includes a playground, playing field, or land with an outdoor recreational purpose. Under certain conditions, the district may grant priority to licensed child care providers pursuant to Education Code 17458 or may sell surplus property for less than fair market value to public entities for recreational purposes pursuant to Education Code 17230.

When proposing the sale or lease of surplus property, the district must also comply with the California Environmental Quality Act, Public Resources Code 21000-21177. 

Further, pursuant to Education Code 17388, before surplus real property is sold or leased, the Governing Board must appoint an advisory committee to advise the Board on the disposition of such property. Education Code 17389 requires that the advisory committee be representative of specific groups within the community and be composed of not less than seven nor more than 11 members (commonly referred to as a "7-11 committee").

Pursuant to Education Code 17462, the proceeds derived from the sale or lease of surplus property must be used for capital outlay or maintenance. However, proceeds from the sale or lease with an option to purchase may be deposited in the district's general fund when the Board and State Allocation Board (SAB) determine that the district has no anticipated need for additional sites or building construction for the next 10 years and no major deferred maintenance requirements. Thus, districts may not apply to the state for new construction or modernization funding during that time period unless certain conditions specified in Education Code 17462 are satisfied.

In addition, Education Code 17462 requires that the proceeds be used for one-time expenditures and prohibits the use for ongoing expenditures. 2 CCR 1700 defines "ongoing expenditures" as costs paid by a district's general or special fund in support of salaries. However, 2 CCR 1700 creates an exception and authorizes the use of such proceeds, if approved by the SAB, for one-time funding to reduce a district's unfunded liability for other postemployment benefits (OPEBs) (i.e., medical, dental, vision, hearing, life insurance, long-term care, long-term disability, and other nonpension benefits for retired employees). For information about prefunding OPEBs and reporting the district's liability for OPEBs, see BP 3100 - Budget and AR 3460 - Financial Reports and Accountability.

As amended by AB 86 (Ch. 48, Statutes of 2013), Education Code 17463.7 has extended, until January 1, 2016, the authority to use the proceeds from the sale of surplus real property, along with the proceeds from any personal property located on that real property, for any one-time general fund purpose.  Prior to exercising this authority, Education Code 17463.7 requires the Board to adopt a plan for expending the resources and to make specific certifications to the SAB, as specified in Board policy. Education Code 17463.7 contains additional requirements applicable to the sale of property purchased with proceeds from a local general obligation bond or revenue from developer fees.

MBUSD policy 3280 has been updated to reflect new law (AB 86, 2013) which requires districts to first offer to sell surplus district property to a charter school that projects an in-district average daily attendance of at least 80 students, has requested to be notified of surplus property to be offered for sale or lease, and intends to use the property exclusively to provide instruction or instructional support. The revision also reflects new law (AB 86, 2013) which authorizes the State Allocation Board, under specified conditions, to reclaim funds from districts selling any property purchased, constructed, or modernized within the previous 10 years with funds received from a state school facilities funding program.

Pursuant to 7 CFR 210.9, 210.14, and 220.7, districts participating in the National School Lunch and/or Breakfast program (42 USC 1751-1769j, 1773) must maintain a nonprofit school food service program. MBUSD is such a district. Revenues received through the program may be used only for the operation or improvement of the food service program, except that such revenues must not be used to purchase land or buildings or construct buildings unless otherwise approved. Authorized expenditures are defined in the California Department of Education's (CDE) California School Accounting Manual.

State and federal law (Education Code 49550; 42 USC 1758, 1773) require that all students eligible for free and reduced-price meals receive a reimbursable meal during each school day which must be the same meal choice offered to noneligible students; see BP/AR 3553 - Free and Reduced Price Meals. California Department of Education (CDE) Management Bulletin USDA-SNP-01-2008 clarifies that districts therefore cannot serve an alternate meal (i.e., a meal that is different than the day's advertised meal) to a student eligible for reduced-price meals who does not have the ability to pay on a given day. However, payment and pricing policies for full-price meals are at the discretion of the district and may include decisions on whether or not to extend credit or provide an alternate meal to students in the event of nonpayment.

Pursuant to Education Code 38084, the district may determine meal prices consistent with the goal of paying the costs of maintaining the cafeterias (exclusive of the costs of housing and equipping cafeterias, or other costs determined by Governing Board resolution, pursuant to Education Code 38100).

Students who meet federal eligibility criteria for the reduced-price meal program cannot be charged more than the amounts listed in 42 USC 1758 and 1773; see AR 3553 - Free and Reduced Price Meals. In setting prices for students who are not eligible for the free and reduced-price meal program, 42 USC 1760 requires schools to charge those students a price that is, on average, equal to the difference between free meal reimbursement and paid meal reimbursement. Schools that charge less than the average are required to gradually increase their prices over time until they meet the requirement or may cover the difference with nonfederal funds.  42 USC 1760 provides that the price shall generally not increase more than 10 cents each year, but allows districts to establish a higher increase at their discretion.

Further, pursuant to 42 USC 1776, the district must ensure that food service personnel who conduct or oversee administrative procedures and other appropriate personnel receive training on administrative practices (i.e., training in application, certification, verification, meal counting, and meal claiming procedures) at least once each year.  In addition, all food service personnel are required to receive annual training that (1) is designed to improve the accuracy of approvals for free and reduced-price meals and the identification of reimbursable meals at the point of service and (2) includes modules on nutrition, health and food safety standards and methodologies, and any other appropriate topics as determined by the U.S. Secretary of Agriculture.  In addition, on a date determined by the U.S. Secretary of Agriculture, food service directors will be required to meet minimum requirements related to education, training, and certification.

MBUSD Board Policy 3551 has been updated to (1) clarify requirements for districts participating in the National School Lunch and/or Breakfast Program to ensure that appropriate personnel receive annual training on administrative practices, (2) reflect the U.S. Department of Agriculture's guidance on indirect costs, and (3) add a new section on "Program Monitoring and Evaluation" reflecting the new state Administrative Review process.

Pursuant to Education Code 44033, the Board may provide for reimbursement of the use of an employee's private automobile on the basis of a monthly allowance and/or a mileage rate.  These allowances are used in lieu of the payment of actual expenses (e.g., gas, oil, and wear and tear on the vehicle) and thus an employee receiving such an allowance should not receive additional reimbursement for any other automobile expenses.  Any reimbursement above the IRS rate may be considered taxable income for the employee.  The IRS rate is periodically updated based on the overall cost of automobile transportation and is posted on the IRS web site.

IRS Publication 1542 Per Diem Rates (For Travel Within the Continental United States) -provides per diem rate tables established by the U.S. General Services Administration for federal employees; these federal rates are updated each fiscal year and may serve as a guideline for district rates.  According to the IRS, specified "high-cost localities" may be reimbursed at a higher rate.

The revised Board Policy and Administrative Regulations clarify guidelines and procedures for expense reimbursement and update per diem reimbursement rate allowances.