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Agenda--April 17, 2007

California State Board of Education (SBE) meeting agenda.

AGENDA
April 17, 2007

State Board Members

Kenneth Noonan, President
Ruth Bloom,  Vice President

James Aschwanden
Alan Bersin
Yvonne Chan
Don Fisher
Ruth E. Green
David Lopez
Theodore Mitchell
Johnathan Williams
Andrew Estep– Student Member

Secretary & Executive Officer
Hon. Jack O’Connell

Executive Director
Roger Magyar

SCHEDULE OF MEETING
LOCATION

Tuesday, April 17, 2007
9:00 a.m. ±

STATE BOARD OF EDUCATION
Closed Session – IF NECESSARY
(The public may not attend.)

California Department of Education
1430 N Street, Room 1101
Sacramento, California
916-319-0827

The Closed Session (1) may commence earlier than 9:00 a.m.; (2) may begin at or before 9:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 9:00 a.m.


CLOSED SESSION AGENDA

Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation which follows will be considered and acted upon in closed session:

  • California Association of Private Special Education Schools, et al., v. California Department of Education, et al., Los Angeles County Superior Court, Case No. BC272983, and related appeal (Second Appellate District, Case No. B1818435)
  • California Parents for the Equalization of Educational Materials v. California State Board of Education, et al. U.S. Eastern District of California, Case No.  2:06-CV-00532-FCD-KJM
  • Californians for Justice Education Fund v. State Board of Education, et. al., Alameda County Superior Court Case No. RG06265395
  • Centinela Valley Union High School District v. State Board of Education, et al., Los Angeles Superior Court, Case No. BS093483
  • Coachella Valley Unified School District, et.al., v. State of California, et.al. Case No. CPF-05-505334
  • Emma C., et al. v. Delaine Eastin, et al., United States District Court, Northern District of California, Case No. C 96 4179
  • EMS-BP, LLC, Options for Youth Burbank, Inc. et al. v. California Department of Education, et al., Sacramento County Superior Court, Case No. 03CS01078 / 03CS01079 and related appeal
  • Hindu American Foundation, et al., v. California State Board of Education, et al., Sacramento Superior Court Case No. 06CS00386
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C 05 4077 MMC
  • Kidd, et al.,  v. California Department of Education, et al., Alameda Superior Court Case No. 2002049636
  • Medina, et al.,  v. State of California Department of Education et al.,  San Francisco Superior Court Case No. CPF-06-506068
  • Mendoza, et al.  v. State of California, et al. Los Angeles Superior Court Case No. BS105481
  • Mendoza, et al. v. State of California, et al., and Los Angeles Parents Union, et al., California Court of Appeal, Second Appellate District, Div. Three, Case No. B195835
  • Mendoza, et al. v. State of California, et al, and Los Angeles Parents Union, et al., California Supreme Court
  • Opportunity for Learning – PB, LLC; Opportunities for Learning – C, LLC, and Opportunities for Learning WSH, LLC Notice of Appeal Before the Education Audit Appeals Panel
  • Options for Youth, et al., v. California Department of Education, et al., Los Angeles Superior Court Case No. BC 347454
  • Options of Youth, - Burbank, Inc., San Gabriel, Inc., Upland, Inc., and Victor Valley  Notice of Appeal Before the Education Audit Appeals Panel, OAH #2006100966
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • Roxanne Serna, et al., v. Delaine Eastin, State Superintendent of Public Instruction, et al., Los Angles County Superior Court, Case No. BC174282
  • Sonoma County Superintendents of Schools, et. al. v. Special Education Hearing Office, et.al.  Sacramento County Superior Court, Case No. 04AS0393
  • Valenzuela, et al., v. Jack O’Connell, et al., Alameda Superior Court, Case No. JCCP 4468
  • Case Name Unspecified: Disclosure of case names would jeopardize existing settlement negotiations

Conference with Legal Counsel – Anticipated Litigation:  Under Government Code sections 11126(e)(1) and (e)(2)(B), the State Board of Education hereby provides public notice that it may meet in closed session to decide whether there is a significant exposure to litigation, and to consider and act in connection with matters for which there is a significant exposure to litigation.  Under Government Code sections 11126(e)(1) and (e)(2)(C), the State Board of Education hereby provides public notice that it may meet in closed session to decide to initiate litigation and to consider and act in connection with litigation it has decided to initiate.

Under Government Code section 11126(c)(14), the State Board of Education hereby provides public notice that it may meet in closed session to review and discuss the actual content of pupil achievement tests (including, but not limited to, the High School Exit Exam) that have been submitted for State Board approval and/or approved by the State Board.

Under Government Code section 11126(a), the State Board of Education hereby provides public notice that it may meet in closed session regarding the appointment, employment, evaluation of performance, or dismissal of public employees, or a complaint or charge against public employees. Public employees include persons exempt from civil service under Article VII, Section 4(e) of the California Constitution.


Tuesday, April 17, 2007

California Department of Education

9:00 a.m. ± (Upon Adjournment of Closed Session, if held)

STATE BOARD OF EDUCATION
Public Session

1430 N Street, Room 1101
Sacramento, California
916-319-0827


Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.


ALL TIMES ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE ONLY
ALL ITEMS MAY BE RE-ORDERED TO BE HEARD
ON ANY DAY OF THE NOTICED MEETING
THE ORDER OF BUSINESS MAY BE CHANGED WITHOUT NOTICE

Persons wishing to address the State Board of Education on a subject to be considered at this meeting, including any matter that may be designated for public hearing, are asked to notify the State Board of Education Office (see telephone/fax numbers below) by noon of the third working day before the scheduled meeting/hearing, stating the subject they wish to address, the organization they represent (if any), and the nature of their testimony. Time is set aside for individuals so desiring to speak on any topic NOT otherwise on the agenda (please see the detailed agenda for the Public Session). In all cases, the presiding officer reserves the right to impose time limits on presentations as may be necessary to ensure that the agenda is completed.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY

Pursuant to the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, any individual with a disability who requires reasonable accommodation to attend or participate in a meeting or function of the California State Board of Education (SBE), may request assistance by contacting the SBE Office, 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone, 916-319-0827; fax, 916-319-0175.

CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD
Public Session

AGENDA

April 17, 2007

Tuesday, April 17, 2007 – 9:00 a.m. ± (Upon adjournment of Closed Session if held)

California Department of Education, 1430 N Street, Room 1101, Sacramento, California

Call to Order

Salute to the Flag

Approval of Minutes (meeting from February 14-15, 2007)

Communications

Announcements

REPORT OF THE SUPERINTENDENT

SPECIAL PRESENTATIONS
Public notice is hereby given that special presentations for informational purposes may take place during this session.

CLOSED SESSION

ITEM 1
(DOC; 152KB; 5pp.)

 

STATE BOARD PROJECTS AND PRIORITIES.

Including, but not limited to, future meeting plans; agenda items; State Board office budget; staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; by law review and revision; Board Liaison Reports; and other matters of interest

ACTION INFORMATION

 

ITEM 2
(DOC; 57KB; 1pp.)

PUBLIC COMMENT.

Public comment is invited on any matter not included on the printed agenda. Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations.

INFORMATION

 

ITEM 3
(DOC; 263KB; 47pp.)

Facilities for Charter Schools (Proposition 39): Adopt or Amend Proposed Title 5 Regulations

ACTION INFORMATION

 

ITEM 4 (DOC; 982KB; 51pp.)

Standardized Testing and Reporting Program (STAR): California Modified Assessment

ACTION

INFORMATION

 

ITEM 5
(DOC; 341KB; 52pp.)

U.S. Department of Education Peer Review: including, but not limited to, performance level descriptors

ACTION INFORMATION

 

WAIVER REQUEST NON-CONSENT (ACTION)

The following agenda items include waivers and other administrative matters that CDE staff have identified as having opposition, being recommended for denial, or presenting new or unusual issues that should be considered by the State Board. On a case by case basis public testimony may be considered regarding the item, subject to the limits set by the Board President or by the President's designee; and action different from that recommended by CDE staff may be taken.

ACADEMIC PERFORMANCE INDEX (API)

ITEM W-1
(DOC; 66KB; 3pp.)

Request by Stanislaus Elementary Union School District to waive Education Code (EC) Section 52052(a)(2)(D) the requirement that pupils with disabilities be included in the Academic Performance Index (API) for the school year 2006-07 in order to enable Eisenhut Elementary School to exit from the School Assistance Intervention Team as required by the Immediate Intervention/Underperforming Schools Program. (District wants to remove those scores form the API calculation)
Waiver Number: 19-1-2007
(Recommended for DENIAL)

ACTION

CHARTER SCHOOL PROGRAM - PERIOD OF RENEWAL

ITEM W-2
(DOC; 73KB; 3pp.)

Request by Tehama County Office of Education to waive a portion of Education Code (EC) Section 47607(a) to allow the Tehama County Board of Education to reduce the charter school's renewal term from five years to three years (Sacramento River Discovery Charter School).
Waiver Number: 29-1-2007
(Recommended for APPROVAL WITH CONDITIONS)

ACTION

TEACHER CREDENTIALING

ITEM W-3
(DOC; 83KB; 3pp.)

Request by Santa Clara Unified School District to waive Education Code (EC) Section 44065 requirement that a person preforming the functions of "the work of instructors and the instructional program for pupils" shall hold a "valid credential as appropriate, whichever is designated in regulations adopted by the Commission on Teacher Credentialing"
Waiver Number: 8-1-2007
(Recommended for DENIAL)

ACTION

STATE TESTING APPORTOINMENT REPORT

ITEM W-4
(DOC; 62KB; 2pp.)

Request by sixteen local educational agencies (LEA) to waive the State Testing Apportionment Information Report deadline of December 31st in the California Code of Regulations (CCR), Title 5, Section 11517.5(b)(1)(A) regarding the California English Language Development Test (CELDT), or CCR Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination (CAHSEE), or CCR, Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program (STAR).

Waiver Numbers: see attached list for specific school districts
(Recommended for APPROVAL)

ACTION

***ADJOURNMENT OF MEETING***


For more information concerning this agenda, please contact at 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone 916-319-0827; fax 916-319-0175. To be added to the speaker’s list, please fax or mail your written request to the above-referenced address/fax number.

This agenda is posted on the State Board of Education’s Web site [http://www.cde.ca.gov/be/ag/]

Questions: State Board of Education | 916-319-0827 
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