Agenda--January 12-14, 2011
Agenda and other related materials for the California State Board of Education (SBE) meeting to be held on January 12-14, 2011.January 12, 2011 Update
The California State Board of Education will continue its January 12, 2011 meeting on Thursday, January 13, 2011, as follows:
- Closed Session will commence at 9:00 a.m.
- Public Session will commence immediately following the Closed Session, reopening Item 1 for Board Member orientations. This session will be informational only, and no action will be taken.
UPDATE: The following individuals listed on the agenda are no longer members of the State Board of Education: Ted Mitchell, Alan Arkatov, Benjamin Austin, James Fang, and David Lopez. The following individuals not listed on the Agenda will be joining the State Board of Education as members on Wednesday, January 12: Carl Cohn, Bill Honig, Michael W. Kirst, James L. Ramos, and Patricia Rucker. In addition, due to the large number of new members joining the Board, several items have been withdrawn by staff to the State Board and Department of Education, as indicated on the updated agenda. The Board will not have sufficient time to prepare for and act on those items.
It is anticipated that all of the items that have not been withdrawn will be heard on Wednesday, January 12, 2011.
State Board Members
Ted Mitchell, President
Ruth Bloom, Vice President
Alan Arkatov
James Aschwanden
Benjamin Austin
Yvonne Chan
James Fang
Gregory Jones
David Lopez
Johnathan Williams
Connor Cushman, Student Member
Secretary & Executive Officer
Hon. Tom Torlakson
Executive Director
Nicolas Schweizer
| Schedule of Meeting | Location |
|---|---|
Wednesday, January 12, 2011 STATE BOARD OF EDUCATION
|
California Department of Education |
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:
- 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
- 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.
| Schedule of Meeting | Location |
|---|---|
Wednesday, January 12, 2011 STATE BOARD OF EDUCATION |
California Department of Education |
Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.
| Schedule of Meeting | Location |
|---|---|
Thursday, January 13, 2011 Closed Session – IF NECESSARY – (The public may not attend.) |
California Department of Education |
Please see Closed Session Agenda above. 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 reconvened later in the day; or (3) may be commenced later than 9:00 a.m.
| Schedule of Meeting | Location |
|---|---|
Thursday, January 13, 2011 STATE BOARD OF EDUCATION |
California Department of Education |
Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.
| Schedule of Meeting | Location |
|---|---|
Friday, January 14, 2011 STATE BOARD OF EDUCATION
|
California Department of Education |
Please see Closed Session Agenda above. 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 reconvened later in the day; or (3) may be commenced later than 9:00 a.m.
| Schedule of Meeting | Location |
|---|---|
Friday, January 14, 2011 STATE BOARD OF EDUCATION |
California Department of Education |
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, 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
FULL BOARD AGENDA
Public Session
January 12, 2011
Wednesday, January 12, 2011 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held)
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
Call to Order
Salute to the Flag
Closed Session
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.
NOTE: Items not heard or completed on January 12, 2011, may be carried over to January 13, 2011, or January 14, 2011.
AGENDA ITEMS
Item 1 (DOC; 71KB; 2pp.) TO BE HEARD ON WEDNESDAY
Subject: STATE BOARD PROJECTS AND PRIORITIES.
Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; Board policy; approval of minutes; board liaison reports, and other matters of interest.
Type of Action: Action, Information
- Item 1 Attachment 1 (DOC; 100KB; 3pp.)
- Item 1 Attachment 2 (DOC; 218KB; 10pp.)
Item 2 (DOC; 58KB; 1p.) TO BE HEARD ON WEDNESDAY
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 3 (DOC; 307KB; 28pp.) WITHDRAWN — Will not be heard in January
Subject: Elementary and Secondary Education Act: Corrective Action Plan Presented by the State Trustee for the Alisal Union Elementary School District for State Board of Education Approval.
Type of Action: Action, Information
Item 4 (DOC; 213KB; 28pp.) WITHDRAWN — Will not be heard in January
Subject: Elementary and Secondary Education Act: Corrective Action Plan Submitted by the State Trustee for the Greenfield Union Elementary School District for State Board of Education Approval.
Type of Action: Action, Information
Item 5 (DOC; 72KB; 4pp.) TO BE HEARD ON WEDNESDAY
Subject: Elementary and Secondary Education Act: Approval of the Appointment of Trustee with Stay and Rescind Authority for the Round Valley Unified School District and Draft Memorandum of Understanding.
Type of Action: Action, Information
- Item 5 Addendum (DOC; 38KB; 1p.)
Item 6 (DOC; 97KB; 4pp.) TO BE HEARD ON WEDNESDAY
Subject: Approval of 2010–11 Consolidated Applications.
Type of Action: Action, Information
Item 7 (DOC; 83KB; 2pp.) TO BE HEARD ON WEDNESDAY
Subject: African American Advisory Committee: Recommendations for Consideration to the State Board of Education Related to Accountability, Special Education, and Teacher Quality and Instruction.
Type of Action: Action, Information
- Item 7 Attachment 1 (DOC; 220KB; 22pp.)
Item 8 (DOC; 63KB; 2pp.) TO BE HEARD ON WEDNESDAY
Subject: Approve State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act Covering Program Year 2009-10.
Type of Action: Action, Information
- Item 8 Attachment 1 (DOC; 1.9MB; 127pp.)
- Item 8 Attachment 2 (DOC; 1.9MB; 109pp.)
Item 9 (DOC; 80KB; 5pp.) WITHDRAWN — Will not be heard in January
Subject: California High School Exit Examination: Analysis and Consideration of Alternative Means to the California High School Exit Examination.
Type of Action: Action, Information
- Item 9 Attachment 1 (PDF; 290KB; 3pp.)
Item 10 (DOC; 77KB; 4pp.) WITHDRAWN — Will not be heard in January
Subject: California High School Exit Examination Alternative Means: Adopt Proposed California Code of Regulations, Title 5, Section 1216.1.
Type of Action: Action, Information
Item 11 (DOC; 11.2MB; 57pp.) WITHDRAWN — Will not be heard in January
Subject: Appeal of a Decision of the Orange County Committee on School District Organization to Approve a Petition to Transfer Territory from the Placentia-Yorba Linda Unified School District to the Brea Olinda Unified School District in Orange County.
Type of Action: Action, Information
Item 12 (DOC; 345KB; 13pp.) WITHDRAWN — Will not be heard in January
Subject: Request from the Ventura County Board of Education to Transfer the Duties and Powers of the Ventura County Committee on School District Organization to the Ventura County Board of Education.
Type of Action: Action, Information
Item 13 WITHDRAWN — Will not be heard in January
Subject: Elementary and Secondary Education Act: Supplemental Educational Services – Approve Commencement of 15-Day Public Comment Period for Proposed Changes to Proposed California Code of Regulations, Title 5, Sections 13075.1 Through 13075.9 (inclusive).
Type of Action: Action, Information
***ADJOURNMENT OF DAY’S SESSION***
Thursday, January 13, 2011 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held)
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
Call to Order
Salute to the Flag
Closed Session
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.
NOTE: Items not heard or completed on January 13, 2011, may be carried over to January 14, 2011.
AGENDA ITEMS
Item 14 (DOC; 98KB; 8pp.) WITHDRAWN — Will not be heard in January
Subject: Standardized Testing and Reporting Program: Adoption of California Modified Assessment Performance Level Descriptors for English–Language Arts in Grade Nine, Algebra I, and Life Science in Grade Ten.
Type of Action: Action, Information
***PUBLIC HEARING***
A Public Hearing on the following agenda item will commence no earlier than 9:00a.m. on Thursday, January 13, 2011. The Public Hearing will be held as close to 9:00 a.m. as the business of the State Board permits.
Item 15 (DOC; 141KB; 6pp.) WITHDRAWN — Will not be heard in January
Subject: Standardized Testing and Reporting Program: The Adoption of California Modified Assessment Proposed Performance Standards Setting for English-Language Arts in Grade Nine, Algebra I, and Life Science in Grade Ten and to Conduct the Regional Public Hearings.
Type of Action: Action, Information, Public Hearing
***END OF PUBLIC HEARING***
Item 16 (DOC; 54KB; 1p.) TO BE HEARD ON WEDNESDAY
Subject: 2011 United States Senate Youth Program Presentation.
Type of Action: Action, Information
Item 17 (DOC; 89KB; 6pp.) WITHDRAWN — Will not be heard in January
Subject: Student Advisory Board on Education: Analysis of 2010–11 Policy Recommendations.
Type of Action: Action, Information
Item 18 (DOC; 117KB; 7pp.) WITHDRAWN — Will not be heard in January
Subject: Elementary and Secondary Education Act: Proposed Criteria for the Review of 93 Local Educational Agencies in Cohort 1 Program Improvement Corrective Action.
Type of Action: Action, Information
Item 19 (DOC; 182KB; 12pp.) WITHDRAWN — Will not be heard in January
Subject: Elementary and Secondary Education Act: Recommendations Related to California’s Assignment of Corrective Actions and Associated Technical Assistance for the 2010 Local Educational Agencies in Program Improvement Corrective Action.
Type of Action: Action, Information
Item 20 (DOC; 202KB; 6pp.) WITHDRAWN — Will not be heard in January
Subject: Student Achievement Plans for State Board of Education–Authorized Charter Schools: Review and Approve California Department of Education Plan for Oversight of Student Achievement Plans Submitted by Aspire Alexander Twilight College Preparatory Academy, Aspire Titan Academy, Aspire Vanguard College Preparatory Academy, Barack Obama Charter School, Edison Charter Academy, Everest Public High School, High Tech High School - Chula Vista, High Tech Middle School - North County, Micro-Enterprise Charter Academy, Ridgecrest Charter School, The School of Arts and Enterprise, and Western Sierra Collegiate Charter Academy and Take Other Action as Appropriate Based on the Failure of These Schools to Meet Adequate Yearly Progress and Academic Performance Index Growth Targets.
Type of Action: Action, Information
Item 21 (DOC; 256KB; 36pp.) TO BE HEARD ON WEDNESDAY
Subject: Charter Revocation and Revocation Appeals – Adopt Amendments to California Code of Regulations, Title 5 Sections 11965, 11968.1, 11968.5.1, 11969.1, 11969.2, 11969.3, 11969.4, and 11969.10.
Type of Action: Action, Information
- Item 21 Attachment 3 (PDF; 727KB; 4pp.)
Item 22 WITHDRAWN — Will not be heard in January
Subject: Aspire Public Schools Statewide Benefit Charter: Material Revisions and Findings.
Type of Action: Action, Information
Item 23 (DOC; 103KB; 3pp.) WITHDRAWN — Will not be heard in January
Subject: Development of Regulations to Revise the Requirements for Statewide Benefit Charters and to Govern the State Board of Education's Advisory Commission on Charter Schools.
Type of Action: Action, Information
WAIVER REQUEST CONSENT MATTERS
The following agenda items satisfy criteria for approving a waiver of that type based on a previously-adopted State Board of Education waiver policy or have waiver evaluation criteria that are in the Education Code or in the California Code of Regulations, Title 5.
Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)
Item WC-1 Federal (DOC; 69KB; 2pp.)
Subject: Request by Lucerne Valley Unified School District for Lucerne Valley High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).
Waiver Number: Fed-592-2010
(Recommended for APPROVAL)
- Item WC-1 Attachment 1 (DOC; 62KB; 1p.)
Item WC-2 Federal (DOC; 70KB; 2pp.)
Subject: Request by Silver Valley Unified School District for Silver Valley High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).
Waiver Number: Fed-591-2010
(Recommended for APPROVAL)
- Item WC-2 Attachment 1 (DOC; 61KB; 1p.)
Open Enrollment (Removal From the List of LEAs)
Item WC-3 General (DOC; 110KB; 7pp.)
Subject: Request by 35 local educational agencies to waive California Education Code Section 48352(a) and California Code of Regulations Title 5 Section 4701 to remove their school(s) from the Open Enrollment List of “low-achieving schools” for the 2010–11, 2011–12 or both school years.
Waiver Numbers: Various
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-3 Attachment 1 (XLS; 36KB; 3pp.)
- Item WC-3 Attachment 2 (DOC; 67KB; 3pp.)
- Item WC-3 Attachment 3 (DOC; 69KB; 3pp.)
- Item WC-3 Attachment 4 (DOC; 76KB; 3pp.)
- Item WC-3 Attachment 5 (DOC; 75KB; 3pp.)
- Item WC-3 Attachment 6 (DOC; 180KB; 3pp.)
- Item WC-3 Attachment 7 (DOC; 65KB; 2pp.)
- Item WC-3 Attachment 8 (DOC; 62KB; 2pp.)
- Item WC-3 Attachment 9 (DOC; 70KB; 3pp.)
- Item WC-3 Attachment 10 (DOC; 64KB; 2pp.)
- Item WC-3 Attachment 11 (DOC; 68KB; 3pp.)
- Item WC-3 Attachment 12 (DOC; 564KB; 2pp.)
- Item WC-3 Attachment 13 (DOC; 66KB; 2pp.)
- Item WC-3 Attachment 14 (DOC; 69KB; 3pp.)
- Item WC-3 Attachment 15 (DOC; 71KB; 3pp.)
- Item WC-3 Attachment 16 (DOC; 70KB; 3pp.)
- Item WC-3 Attachment 17 (DOC; 74KB; 3pp.)
- Item WC-3 Attachment 18 (DOC; 75KB; 3pp.)
- Item WC-3 Attachment 19 (DOC; 69KB; 2pp.)
- Item WC-3 Attachment 20 (DOC; 66KB; 2pp.)
- Item WC-3 Attachment 21 (DOC; 76KB; 3pp.)
- Item WC-3 Attachment 22 (DOC; 78KB; 3pp.)
- Item WC-3 Attachment 23 (DOC; 77KB; 3pp.)
- Item WC-3 Attachment 24 (DOC; 77KB; 3pp.)
- Item WC-3 Attachment 25 (DOC; 70KB; 2pp.)
- Item WC-3 Attachment 26 (DOC; 69KB; 3pp.)
- Item WC-3 Attachment 27 (DOC; 69KB; 2pp.)
- Item WC-3 Attachment 28 (DOC; 66KB; 2pp.)
- Item WC-3 Attachment 29 (DOC; 64KB; 2pp.)
- Item WC-3 Attachment 30 (DOC; 74KB; 3pp.)
- Item WC-3 Attachment 31 (DOC; 68KB; 3pp.)
- Item WC-3 Attachment 32 (DOC; 66KB; 2pp.)
- Item WC-3 Attachment 33 (DOC; 60KB; 2pp.)
- Item WC-3 Attachment 34 (DOC; 64KB; 2pp.)
- Item WC-3 Attachment 35 (DOC; 67KB; 2pp.)
- Item WC-3 Attachment 36 (DOC; 320KB; 5pp.)
Physical Education Program (Block Schedules)
Item WC-4 General (DOC; 87KB; 4pp.)
Subject: Request by Grossmont Union High School District to waive portions of California Education Code Section 51222(a), related to the statutory minimum requirement of 400 minutes of physical education each ten school days for students in grades nine through twelve in order to implement a block schedule at El Cajon Valley High School.
Waiver Number: 59-10-2010
(Recommended for APPROVAL)
- Item WC-4 Attachment 1 (DOC; 66KB; 2pp.)
School District Reorganization (Elimination of Election Requirement)
Item WC-5 General (DOC; 76KB; 3pp.)
Subject: Request by Pioneer Union Elementary School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas.
Waiver Number: 79-10-2010
(Recommended for APPROVAL)
- Item WC-5 Attachment 1 (DOC; 81KB; 6pp.)
Schoolsite Council Statute (Shared Schoolsite Council)
Item WC-6 Specific (DOC; 71KB; 2pp.)
Subject: Request by Alview-Dairyland Union Elementary School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council to function for two small rural schools, Alview Elementary School and Dairyland Elementary School.
Waiver Number: 9-10-2010
(Consent due to SBE Streamlined Waiver Policy)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-6 Attachment 1 (DOC; 68KB; 3pp.)
Item WC-7 Specific (DOC; 71KB; 2pp.)
Subject: Request by Claremont Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council to function for two small schools, Claremont Community Day School and San Antonio Continuation High School.
Waiver Number: 9-11-2010
(Consent due to SBE Streamlined Waiver Policy)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-7 Attachment 1 (DOC; 98KB; 3pp.)
Item WC-8 Specific (DOC; 68KB; 2pp.)
Subject: Request by Claremont Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council to function for two small schools, Danbury Elementary School and Sumner Elementary School.
Waiver Number: 10-11-2010
(Consent due to SBE Streamlined Waiver Policy)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-8 Attachment 1 (DOC; 86KB; 4pp.)
Item WC-9 Specific (DOC; 69KB; 2pp.)
Subject: Request by Waugh School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, allowing one joint schoolsite council to function for two small schools, Corona Creek Elementary School and Meadow Elementary School.
Waiver Number: 5-11-2010
(Consent due to SBE Streamlined Waiver Policy)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-9 Attachment 1 (DOC; 63KB; 2pp.)
Special Education Program (Extended School Year (Summer School))
Item WC-10 General (DOC; 75KB; 3pp.)
Subject: Request by Valley Center-Pauma Unified School District to 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 for special education students.
Waiver Number: 55-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-10 Attachment 1 (DOC; 70KB; 2pp.)
Special Education Program (Resource Teacher Caseload)
Item WC-11 Specific (DOC; 71KB; 3pp.)
Subject: Request by Pioneer Union Elementary School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Jean Tessman is assigned at Pioneer Middle School.
Waiver Number: 11-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-11 Attachment 1 (DOC; 116KB; 4pp.)
State Testing Apportionment Report (CAHSEE)
Item WC-12 General (DOC; 70KB; 2pp.)
Subject: Request by Kings County Office of Education to waive California Code of Regulations, Title 5, Section 1225 (b)(2)(A) , the requirement to submit the State Testing Apportionment Information Report to the Assessment Division by December 31 every year (for the CAHSEE).
Waiver Number: 10-10-2010
(Recommended for APPROVAL)
- Item WC-12 Attachment 1 (DOC; 51KB; 1p.)
NON-CONSENT (ACTION)
The following agenda items include waivers that CDE staff has identified as potentially having opposition, 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) Score Waiver (Test Takers Less Than 85 Percent)
Item W-1 General (DOC; 75KB; 3pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Winters Joint Unified School District to waive a portion of California Code of Regulations, Title 5, Section 1032(d)(5); the 85 percent requirement of test takers in U.S. History to allow Winters Middle School to be given a valid 2010 Growth Academic Performance Index.
Waiver Number: 49-10-2010
(Recommended for DENIAL)
- Item W-1 Attachment 1 (DOC; 66KB; 2pp.)
Class Size Penalties (Over Limit on Grades 1-3)
Item W-2 Specific (DOC; 76KB; 3pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by three districts, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) relating to class size penalties for grades one through three. For grades one through three, the overall class size average is 30 to one with no class larger than 32.
Waiver Numbers: 12-10-2010, 15-10-2010, and 53-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-2 Attachment 1 (XLS; 26KB; 1p.)
- Item W-2 Attachment 2 (DOC; 74KB; 3pp.)
- Item W-2 Attachment 3 (DOC; 74KB; 3pp.)
- Item W-2 Attachment 4 (DOC; 68KB; 3pp.)
Class Size Penalties (Over Limit on Grades 4-8)
Item W-3 General (DOC; 84KB; 4pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by 13 districts to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. A district’s current class size maximum is the greater of the 1964 statewide average of 29.9 to one or the district’s 1964 average.
Waiver Numbers: 18-9-2010, 8-10-2010, 16-10-2010, 14-10-2010, 77-10-2010, 22-10-2010, 21-10-2010, 68-10-2010, 46-10-2010, 62-10-2010, 64-10-2010, 13-10-2010, and 17-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-3 Attachment 1 (XLS; 28KB; 1p.)
- Item W-3 Attachment 2 (DOC; 63KB; 2pp.)
- Item W-3 Attachment 3 (DOC; 69KB; 3pp.)
- Item W-3 Attachment 4 (DOC; 68KB; 3pp.)
- Item W-3 Attachment 5 (DOC; 80KB; 3pp.)
- Item W-3 Attachment 6 (DOC; 63KB; 2pp.)
- Item W-3 Attachment 7 (DOC; 80KB; 5pp.)
- Item W-3 Attachment 8 (DOC; 73KB; 3pp.)
- Item W-3 Attachment 9 (DOC; 69KB; 3pp.)
- Item W-3 Attachment 10 (DOC; 83KB; 4pp.)
- Item W-3 Attachment 11 (DOC; 68KB; 3pp.)
- Item W-3 Attachment 12 (DOC; 70KB; 4pp.)
- Item W-3 Attachment 13 (DOC; 72KB; 3pp.)
- Item W-3 Attachment 14 (DOC; 80KB; 5pp.)
Class Size Penalties (Over Limit on Kindergarten - Grade 3)
Item W-4 Specific (DOC; 80KB; 4pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by five districts, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) and 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, the overall class size average is 31 to one with no class larger than 33. For grades one to three, the overall class size average is 30 to one with no class larger than 32.
Waiver Numbers: 63-10-2010, 6-11-2010, 3-10-2010, 23-10-2010, and 18-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-4 Attachment 1 (XLS; 25KB; 1p.)
- Item W-4 Attachment 2 (DOC; 90KB; 5pp.)
- Item W-4 Attachment 3 (DOC; 76KB; 3pp.)
- Item W-4 Attachment 4 (DOC; 72KB; 3pp.)
- Item W-4 Attachment 5 (DOC; 80KB; 3pp.)
- Item W-4 Attachment 6 (DOC; 84KB; 4pp.)
Community Day Schools (CDS) (Commingle Grade Levels)
Item W-5 General (DOC; 79KB; 3pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Surprise Valley Joint Unified School District for a waiver of California Education Code Section 48916.1(d) and portions of Section 48660 to permit a community day school to serve students in grades five through six with students in grades seven through twelve.
Waiver Number: 20-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
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Item W-5 Attachment 1 (DOC; 67KB; 3pp.)
Open Enrollment (Removal From the List of LEAs)
Item W-6 General (DOC; 86KB; 4pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by five local educational agencies to waive California Education Code Section 48352(a) and California Code of Regulations Title 5 Section 4701 to remove their schools from the Open Enrollment List of “low-achieving schools” for the 2010–11, 2011–12 or both school years.
Waiver Numbers: Various
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-6 Attachment 1 (XLS; 24KB; 4pp.)
- Item W-6 Attachment 2 (DOC; 67KB; 3pp.)
- Item W-6 Attachment 3 (DOC; 68KB; 3pp.)
- Item W-6 Attachment 4 (DOC; 64KB; 2pp.)
- Item W-6 Attachment 5 (DOC; 61KB; 2pp.)
- Item W-6 Attachment 6 (DOC; 66KB; 3pp.)
Out-of-State Use of Funds and Transportation Allowances
Item W-7 General (DOC; 73KB; 2pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Yreka Union Elementary School District to waive a portion of California Education Code Section 35330(d) to authorize expenditure of school district funds for students to travel to Oregon to attend curricular and extra curricular trips/events and competitions.
Waiver Number: 19-11-2010
(Recommended for APPROVAL) EC 33051(b) will apply
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Item W-7 Attachment 1 (DOC; 61KB; 2pp.)
Physical Fitness Testing
Item W-8 General (DOC; 75KB; 2pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Yuba City Unified School District to waive portions of California Education Code Section 60800(a), relating to Physical Fitness Testing, specifically the testing window of February 1 through May 31.
Waiver Number: 19-9-2010
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply
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Item W-8 Attachment 1 (DOC; 67KB; 3pp.)
Quality Education Investment Act (Money to Follow Identified Students)
Item W-9 General (DOC; 78KB; 3pp.) WITHDRAWN — Will not be heard in January
Subject: Request by Los Angeles Unified to waive California Education Code Section 52055.750(a)(9) regarding funds expenditure requirements under the Quality Education Investment Act in order to allow funds from San Fernando Middle School and Lincoln High School to follow identified students who will be transferring to San Fernando Institute of Applied Learning and Leadership in Entertainment and Media Arts to ensure that they will not lose the benefits of the Quality Education Investment Act.
Waiver Number: 71-10-2010
(Recommended for DENIAL)
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Item W-9 Attachment 1 (DOC; 71KB; 3pp.)
Item W-10 General (DOC; 51KB; 3pp.) WITHDRAWN — Will not be heard in January
Subject: Request by Los Angeles Unified School District to waive California Education Code Section 52055.750(a)(9) regarding funds expenditure requirements under the Quality Education Investment Act in order to allow funds from Carver Middle School and Los Angeles Academy Middle School to follow identified students who will be transferring to one new school, Central Region Middle School #7 to ensure that they will not lose the benefits of the Quality Education Investment Act.
Waiver Number: 34-10-2010
(Recommended for DENIAL)
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Item W-10 Attachment 1 (DOC; 87KB; 5pp.)
Sale or Lease of Surplus Property (Sale of Surplus Property)
Item W-11 General (DOC; 84KB; 4pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Jefferson School District to waive portions of California Education Code sections 17464(b), 17473, and 17474, specific provisions for sale and lease of surplus property. Approval of the waiver would allow the district to sell a three acre parcel of surplus property that was Bear Valley School to the National Park Service, or an agent thereof, for use by the Pinnacles National Monument without offering the property to the Director of General Services, the Regents of the University of California, the Trustees of the California State University, or other state agencies.
Waiver Number: 52-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
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Item W-11 Attachment 1 (DOC; 69KB; 3pp.)
School Construction Bonds (Bond Indebtedness Limit - Unified after 2000)
Item W-12 General (DOC; 79KB; 3pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Alvord Unified School District to waive California Education Code Section 15270 to allow the district to exceed its bond indebtedness limit of 2.5 percent of the taxable assessed value of property. (Requesting 2.6 percent)
Waiver Number: 67-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
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Item W-12 Attachment 1 (DOC; 76KB; 3pp.)
Item W-13 General (DOC; 81KB; 3pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Pittsburg Unified Unified School District to waive California Education Code sections 15106 and 15270 to allow the district to exceed its bond indebtedness limit of 2.5 percent of the taxable assessed value of property. (Requesting 3.58 percent).
Waiver Number: 48-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
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Item W-13 Attachment 1 (DOC; 212KB; 6pp.)
Item W-14 General (DOC; 79KB; 3pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Stockton Unified School District to waive California Education Code Section 15270 (a) to allow the district to exceed its bond indebtedness limit of 2.5 percent of the taxable assessed value of property. (Requesting 3.28 percent).
Waiver Number: 69-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
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Item W-14 Attachment 1 (DOC; 84KB; 5pp.)
School District Reorganization (Election of Governing Board)
Item W-15 General (DOC; 75KB; 3pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Lemoore Union Elementary School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas.
Waiver Number: 33-11-2010
(Recommended for APPROVAL)
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Item W-15 Attachment 1 (DOC; 226KB; 6pp.)
Schoolsite Council Statute (Number and Composition of Members)
Item W-16 Specific (DOC; 69KB; 2pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Central Unified School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small continuation high school, Pershing Continuation High School.
Waiver Number: 19-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
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Item W-16 Attachment 1 (DOC; 68KB; 2pp.)
Item W-17 Specific (DOC; 66KB; 2pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Elkins Elementary School District under the authority of the California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small rural school, Elkins Elementary School.
Waiver Number: 14-9-2010
(Recommended for APPROVAL WITH CONDITIONS)
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Item W-17 Attachment 1 (DOC; 64KB; 2pp.)
Item W-18 Specific (DOC; 68KB; 2pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Lancaster Elementary School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small alternative school Crossroad School.
Waiver Number: 11-11-2010
(Recommended for APPROVAL WITH CONDITIONS)
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Item W-18 Attachment 1 (DOC; 70KB; 2pp.)
Schoolsite Council Statute (Shared Schoolsite Council)
Item W-19 Specific (DOC; 71KB; 2pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Hanford Joint Union High School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council to function for two small schools, Earl F. Johnson High School and Hanford Night Continuation School.
Waiver Number: 4-11-2010
(Recommended for APPROVAL WITH CONDITIONS)
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Item W-19 Attachment 1 (DOC; 90KB; 3pp.)
Schoolsite Council Statute (Shared Schoolsite Council with Reduced Number and Composition)
Item W-20 Specific (DOC; 68KB; 2pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Bridgeville Elementary School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small elementary school Bridgeville Elementary School.
Waiver Number: 1-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
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Item W-20 Attachment 1 (DOC; 66KB; 2pp.)
Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)
Item W-21 General (DOC; 118KB; 6pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Shasta County Office of Education for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Jon Anderson, Diana Davis, Barbara Wolf, Sarah Wood Aleah Faires and Christine Coburn to continue to provide services to students until June 30, 2011 under a remediation plan to complete those minimum qualifications.
Waiver Numbers: 12-11-2010, 13-11-2010, 16-11-2010, 17-11-2010, 7-11-2010, and 8-11-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-21 Attachment 1 (DOC; 73KB; 3pp.)
- Item W-21 Attachment 2 (DOC; 72KB; 3pp.)
- Item W-21 Attachment 3 (DOC; 72KB; 3pp.)
- Item W-21 Attachment 4 (DOC; 72KB; 3pp.)
- Item W-21 Attachment 5 (DOC; 71KB; 3pp.)
- Item W-21 Attachment 6 (DOC; 72KB; 3pp.)
Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)
Item W-22 General (DOC; 90KB; 4pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Shasta County Office of Education for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Krysta Shaw-Stearns and Charlene Starks to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.
Waiver Numbers: 14-11-2010 and 15-11-2010
(Recommended for DENIAL)
- Item W-22 Attachment 1 (DOC; 70KB; 3pp.)
- Item W-22 Attachment 2 (DOC; 72KB; 3pp.)
School Accountability Report Card (February 1 Timeline)
Item W-23 General (DOC; 71KB; 3pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by various local educational agencies to waive portions of Education Code sections 35256 (c) and 35258 the annual deadline to make the annual School Accountability Report Card available in hard copy and on the internet by February 1.
Waiver Numbers: Various, see attached list. More will be added in a last minute memorandum.
(Recommended for APPROVAL)
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Item W-23 Attachment 1 (XLS; 17KB; 1p.)
Federal Program Waiver (Title l Part A - ARRA Waivers)
Item W-24 Federal (DOC; 76KB; 2pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by Simi Valley Unified School District to waive three types of requirements pertaining to Title I, Part A of the Elementary and Secondary Education Act relating to the American Recovery and Reinvestment Act allocations for the 2009-10 fiscal year only.
Waiver Number: Fed-593-2010
(Recommended for APPROVAL)
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Item W-24 Attachment 1 (PDF; 84KB; 2pp.)
Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)
Item W-25 General (DOC; 87KB; 4pp.) TO BE HEARD ON WEDNESDAY
Subject: Request by the Yolo County Office of Education to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Tina Turner and Elissa Driver to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.
Waiver Numbers: 4-10-2010 and 5-10-2010
(Recommended for DENIAL)
- Item W-25 Attachment 1 (DOC; 68KB; 3pp.)
- Item W-25 Attachment 2 (DOC; 68KB; 3pp.)
Item 24 (DOC; 192KB; 5pp.) WITHDRAWN — Will not be heard in January
Subject: Effect of the Common Core State Standards on the Model School Library Standards for California Public Schools, Kindergarten Through Grade Twelve.
Type of Action: Action, Information
***ADJOURNMENT OF DAY’S SESSION***
Friday, January 14, 2011 – 9:00 a.m. Pacific Time +
(Upon adjournment of Closed Session if held)
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
Call to Order
Salute to the Flag
Closed Session
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.
AGENDA ITEMS
Item 25 WITHDRAWN — Will not be heard in January
Subject: Parent Empowerment: Approve Proposed Changes to the Regulations Made in Response to the 15-day Public Comment Period that Began December 23, 2010, and Ended January 6, 2011, and Approve the Commencement of a Second 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 4800–4808 or, if there are no Relevant Comments to the Regulations in Response to the 15-day Public Comment Period, Adopt the Proposed California Code of Regulations, Title 5, Sections 4800-4808 as Amended.
Type of Action: Action, Information
Item 26 (DOC; 94KB; 5pp.) WITHDRAWN — Will not be heard in January
Subject: Elementary and Secondary Education Act: Parental Involvement Update Including, but Not Limited to, Technical Assistance Provided to Local Educational Agencies by the California Department of Education and by the Family Area Network, Including its Purpose, Composition, and Contributions; and Federal Authority for Parental Involvement.
Type of Action: Action, Information
Item 27 (DOC; 85KB; 7pp.) TO BE HEARD ON WEDNESDAY
Subject: Elementary and Secondary Education Act: School Improvement Grant: Update on the State’s Application for the 2010 School Improvement Grant Under Section 1003(g) of the Elementary and Secondary Education Act.
Type of Action: Action, Information
- Item 27 Addendum (DOC; 38KB; 1p.)
Item 28 (DOC; 61KB; 2pp.) WITHDRAWN — Will not be heard in January
Subject: Academic Performance Index: Approve Changes to the Calculation of the 2010 Base Academic Performance Index.
Type of Action: Action, Information
Item 29 (DOC; 71KB; 4pp.) TO BE HEARD ON WEDNESDAY
Subject: Elementary and Secondary Education Act: Proposed Amendments to the Accountability Workbook Impacting Adequate Yearly Progress Determinations for 2011 Related to Safe Harbor and English Learners.
Type of Action: Action, Information
Item 30 (DOC; 135KB; 17pp.) WITHDRAWN — Will not be heard in January
Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs, Including, but Not Limited to, the Title I and Title III Monitoring Reviews.
Type of Action: Action, Information
- Item 30 Attachment 2 (PDF; 2.1MB; 10pp.)
Item 31 (DOC; 141KB; 12pp.) WITHDRAWN — Will not be heard in January
Subject: Foster Youth Education Program—Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Section 11997.
Type of Action: Action, Information
Item 32 (DOC; 84KB; 4pp.) WITHDRAWN — Will not be heard in January
Subject: Standardized Testing and Reporting Program: Approve Commencement of a 15-Day Public Comment Period for Proposed Changes to the California Code of Regulations, Title 5, Sections 850 Through 868.
Type of Action: Action, Information
- Item 32 Attachment 1 (DOC; 50KB; 5pp.)
- Item 32 Attachment 2 (DOC; 31KB; 2pp.)
- Item 32 Attachment 3 (DOC; 141KB; 29pp.)
- Item 32 Attachment 4 (PDF; 356KB; 4pp.)
Item 33 (DOC; 318KB; 9pp.) TO BE HEARD ON WEDNESDAY
Subject: Elementary and Secondary Education Act: Approve Local Educational Agency Plans, Title I, Section 1112.
Type of Action: Action, Information
Item 34 (DOC; 82KB; 3pp.) TO BE HEARD ON WEDNESDAY
Subject: Standardized Testing and Reporting Program: Approval of 2011 School District Apportionment Amounts.
Type of Action: Action, Information
Item 35 (DOC; 75KB; 3pp.) TO BE HEARD ON WEDNESDAY
Subject: Assignment of Numbers for Charter School Petitions.
Type of Action: Action, Information
- Item 35 Addendum (DOC; 49KB; 2pp.)
***ADJOURNMENT OF DAY’S SESSION***
***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/].