Agenda--August 24, 2010

State Board Members

Ted Mitchell, President
Ruth Bloom, Vice President

Alan Arkatov
Jim Aschwanden
Benjamin Austin
Yvonne Chan
Gregory Jones
David Lopez
Johnathan Williams

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Nicolas Schweizer

Pursuant to Government Code section 11123 the meeting will be held by teleconference at the following locations that are accessible to the public:

• 49 Stevenson Street, Suite 575
  San Francisco, CA 94105
• 13330 Vaughn Street
  San Fernando, CA 91340
• 350 South Figueroa St.
  Los Angeles, CA 90071
• 21650 Oxnard Street, Suite 2050
  Woodland Hills CA 91367
• *150 South Rodeo Drive, 3rd Floor
  Beverly Hills, CA 90212

*This location was included on the Notice of Meeting/Agenda made available on the Internet on August 13, 2010, and was incorrectly omitted from the Notice of Meeting/Agenda made available on the Internet on August 17, 2010. This final Notice of Meeting/Agenda correctly restates all the locations that were noticed on the original Notice of Meeting/Agenda on August 13, 2010.

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

• Alejo, et al. v. Jack O’Connell, State Board of Education, et al., San Francisco Superior Court, Case No. CPF-09-50968
• California School Boards Association, et al. v. California State Board of Education and Aspire Public Schools, Inc. Alameda Superior Court, Case No. 07353566
• California School Boards Association, et al. v. California State Board of Education, et al.  Sacramento Superior Court, Case No. 34-2008-00016957
• California School Boards Association and its Education Legal Alliance, et al., v. The California State Board of Education, et al., Sacramento County Superior Court, Case No. 34-200800021188-CU-MC-GDS
• 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
• 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., Jack O’Connell, State Board of Education, et al., Superior Court of California, County of Alameda, Case No. 2002049636
• 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
• Perris Union High School District v. California State Board of Education, California Department of Education, et al., Riverside Superior Court Case No. RIC520862
• Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
• Reed v. State of California, Los Angeles Unified School District, State Superintendent of Public Instruction, Jack O’Connell, California Department of Education, and State Board of Education, et al., Los Angeles Superior Court, Case No. BC432420
• Rocklin Unified School District v. California State Board of Education, Sacramento County Superior Court, Case No. 34-2009-80000220
• Today’s Fresh Start, Inc., v. Los Angeles County Office of Education, et al., Los Angeles County Superior Court, Case No. BS112656
• 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, discipline, or release 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.

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

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, but not required, 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

AGENDA
Public Session

August 24, 2010

Tuesday, August 24, 2010 – 2:00 p.m. Pacific Time +
California Department of Education
1430 N Street, Suite 1101
Sacramento, California

Call to Order

Salute to the Flag

CLOSED SESSION

AGENDA ITEMS

Item 1 (DOC; 57KB; 1p.)

Subject: 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.

Type of Action: Information

Item 2 (DOC; 72KB; 4pp.)

Subject: Elementary and Secondary Education Act: School Improvement Grant: Approval of Funding of Local Educational Agencies and Schools for the 2009–10 School Improvement Grant Sub-Grants Under Section 1003(g) which includes consideration of Two Options for Funding: One Option Based on Assumption of Approval of Federal Waiver to Expend Approximately 100 Percent of the Grant Funds for the 2010 Cohort and One Option Based on Reserving 25 Percent of Grant Funds for the 2011 Cohort.

Type of Action: Action, Information

• Item 2 Attachment 1 (XLS; 91KB; 7pp.)
• Item 2 Attachment 2 (XLS; 89KB; 7pp.)
• Item 2 Attachment 3 (DOC; 169KB; 5pp.)

Item 3 (DOC; 59KB; 2pp.)

Subject: Parent Empowerment -- Approve the Finding of Emergency and Proposed Emergency Regulations for Additions to the California Code of Regulations, Title 5, Sections 4800 - 4807.

Type of Action: Action, Information

• Item 3 Attachment 1 (DOC; 66KB; 8pp.)
• Item 3 Attachment 2 (DOC; 57KB; 10pp.)
• Item 3 Attachment 3 (PDF; 1.0MB; 4pp.)

Item 4 (DOC; 1.28MB; 4pp.)

Subject: Adequate Yearly Progress: Approval of the 14-Day Notice Waiver to allow the Reporting of Graduation Rate Data After the Initial Release of the 2010 Adequate Yearly Progress Reports.

Type of Action: Action, Information

Item 5 (DOC; 657KB; 71pp.)

Subject: Today’s Fresh Start Charter School: Reconsideration of the Appeal of the Charter Renewal Petition Initially Presented to the State Board of Education on July 14, 2010.

Type of Action: Action, Information

• Item 5 Attachment 4 (PDF; 827KB; 79pp.) Note: The attachment includes MS Word Track Changes notation to indicate content changes from a previous version submitted by Today's Fresh Start Charter School.
• Item 5 Attachment 5 (PDF; 6.5MB; 156pp.)
• Item 5 Attachment 6 (PDF; 1.2MB; 22pp.)
• Item 5 Attachment 7 (PDF; 2.8MB; 65pp.)
• Item 5 Attachment 9 (PDF; 6.0MB; 162pp.)
• Item 5 Attachment 11 (PDF; 3.9MB; 19pp.)
• Item 5 Attachment 12 (PDF; 333KB; 16pp.)
• Item 5 Addendum (DOC; 56KB; 4pp.)

***ADJOURNMENT OF MEETING***

For more information concerning this agenda, please contact the State Board of Education 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/].