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SBE Agenda for November 2011

Agenda for the California State Board of Education (SBE) meeting to be held on November 9 and 10, 2011.
State Board Members

Michael W. Kirst, President
Trish Williams, Vice President
James Aschwanden
Yvonne Chan
Carl Cohn
Aida Molina
James C. Ramos
Patricia A. Rucker
Ilene W. Straus
Caitlin Snell, Student Member

Secretary & Executive Officer

Hon. Tom Torlakson

Executive Director

Susan K. Burr

Schedule of Meeting

Location

Wednesday, November 9, 2011
9:00 a.m. Pacific Time +

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

California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
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:

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, November 9, 2011
9:00 a.m. Pacific Time +
(Upon Adjournment of Closed Session, if held.)

STATE BOARD OF EDUCATION
Public Session

California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
916-319-0827

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, November 10, 2011
8:30 a.m. Pacific Time +

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

California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
916-319-0827

The Closed Session (1) may commence earlier than 8:30 a.m.; (2) may begin at or before 8:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30 a.m.

Schedule of Meeting

Location

Thursday, November 10, 2011
8:30 a.m. Pacific Time +
(Upon Adjournment of Closed Session, if held.)

STATE BOARD OF EDUCATION
Public Session

California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
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, 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

November 9, 2011

Wednesday, November 9, 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 STATE SUPERINTENDENT

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

AGENDA ITEMS

Item 1 (DOC)

Subject:  2012-2013 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor.

Type of Action:  Action, Information


Item 2 (DOC)

Subject:  Reports from the 2011-2012 Student Advisory Board on Education (SABE).

Type of Action:  Action, Information


Item 3 (DOC)

Subject: Update on the Activities of the California Department of Education and State Board of Education Regarding Implementation of Common Core State Standards Systems.

Type of Action:  Action, Information


Item 4 (DOC)

Subject: Update on the Next Generation of Science Standards.

Type of Action:  Action, Information


Item 5 (DOC)

Subject: Elementary and Secondary Education Act: Principles and Requirements for a Waiver of Selected Provisions of the No Child Left Behind Act of 2001 to Implement a Specific Statewide Accountability System for All California Local Educational Agencies in Advance of Elementary and Secondary Education Act Reauthorization.

Type of Action:  Action, Information


Item 6 (DOC)

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 School Improvement Grant and California’s Striving Readers Comprehensive Literacy Plan.

Type of Action:  Action, Information

Item 7 (DOC)

Subject: Elementary and Secondary Education Act: Assignment of Corrective Action and Associated Technical Assistance for each of the 55 Local Educational Agencies in Cohort 5 of Program Improvement Year 3.

Type of Action:  Action, Information


***WAIVERS***

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.

CHARTER SCHOOL PROGRAM (Attendance Accounting for Multi-Track)

Item W-1 (DOC)

Subject: Request by one county office of education and two school districts to waive portions of California Code of Regulations, Title 5, Section 11960(a), to allow charter school attendance to be calculated as if it were a regular multi-track school.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)

(Meets Waiver Policy: Charter School ADA: Alternative Calculation Method [Note: This document is not available. Please visit the Waivers Web page for more information.])


CHARTER SCHOOL PROGRAM (Pupil Teacher Ratio)

Item W-2 (DOC)

Subject: Request by Alpaugh Unified School District for a renewal to waive portions of California Education Code Section 51745.6, and California Code of Regulations, Title 5, Section 11704, and portions of Section 11963.4(a)(3), related to charter school independent study pupil-to-teacher ratios to allow an increase from 25:1 to a 27.5:1 pupil-to-teacher ratio at Central California Connections Academy Charter School.

Waiver Number: 19-6-2011

(Recommended for APPROVAL)

(Meets Waiver Policy: Independent Study Average Daily Attendance (ADA)-to-Teacher Ratio [DOC])


SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)

Item W-3 (DOC)

Subject: Request by five local educational agencies 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 nine educational interpreters to continue to provide services to students until June 30, 2012, under a remediation plan to complete those minimum qualifications.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)

(Meets Waiver Policy: Educational Interpreters Not Meeting Regulatory Standards [DOC])


STATE TESTING APPORTIONMENT REPORT

Item W-4 (DOC)

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

Waiver Numbers:

(Recommended for APPROVAL)

(Meets Waiver Policy: State Testing Apportionment Informational Report Deadline [DOC])


CLASS SIZE PENALTIES (Over Limit on Grades K-3)

Item W-5 (DOC)

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/or 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 through three, the overall class size average is 30 to one with no class larger than 32.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


CLASS SIZE PENALTIES (Over Limit on Grades 1-3)

Item W-6 (DOC)

Subject: Request by Montebello Unified School District, 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 through three, the overall class size average is 30 to one with no class larger than 32.

Waiver Numbers: 6-8-2011

(Recommended for APPROVAL WITH CONDITIONS)


CLASS SIZE PENALTIES (Over Limit on Grades 4-8)

Item W-7 (DOC)

Subject: Request by two 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:

(Recommended for APPROVAL WITH CONDITIONS)


CLASS SIZE PENALTIES (Over Limit on Grades 4-8)

Item W-8 (DOC)

Subject: Request by three 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:

(Recommended for APPROVAL WITH CONDITIONS)


COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities and Commingle Grade Levels)

Item W-9 (DOC)

Subject: Request by five districts, under the authority of California Education Code Section 33050, to waive portions of Education Code sections 48660 and 48916.1(d) relating to the allowable grade spans for community day schools and/or Education Code Section 48661 relating to the colocation of a community day school with other types of schools.

Waiver Number: Big Valley Joint Unified11-7-2011

(Recommended for APPROVAL)

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)

Item W-10 (DOC)

Subject: Request by two districts, under the authority of California Education Code Section 33050, to waive all portions of California Education Code sections 17473 and 17474 and portions of 17455, 17466, 17472, and 17475 relating to the sale and lease of surplus property. Approval of these waivers will allow the districts to lease or sell property using a “request for proposal process," thereby maximizing the proceeds from the sale or lease of the properties.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Unified after 2000)

Item W-11 (DOC)

Subject: Request by Twin Rivers Unified School District to waive California Education Code sections 15102, 15106,15268,15270(a), to allow the district to exceed its bonding indebtedness limit of 1.25 percent of the taxable assessed value of property and $30 per $100,000 assessed value (requesting 2.50 percent and $60 per $100,000, respectively).

Waiver Number: 14-5-2011

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)

Item W-12 (DOC)

Subject: Request by Lindsay Unified School District to waive the 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 David Mashtal, Nicholas Cervantes, Kurt Graves, and Alex Cervantes to continue to provide services to students until June 30, 2012, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

(Recommended for DENIAL)


QUALITY EDUCATION INVESTMENT ACT (Teacher Experience Index)

Item W-13 (DOC)

Subject: Request by four local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding the Teacher Experience Index under the Quality Education Investment Act.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


QUALITY EDUCATION INVESTMENT ACT (Class Size Reduction)

Item W-14 (DOC)

Subject: Request by Chualar Union School District local educational agency to waive California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act.

Waiver Number: 2-4-2011

(Recommended for APPROVAL WITH CONDITIONS)


QUALITY EDUCATION INVESTMENT ACT (Teacher Experience Index)

Item W-15 (DOC)

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 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)


QUALITY EDUCATION INVESTMENT ACT (Teacher Experience Index)

Item W-16 (DOC; 75KB; 4pp.)

Subject: Request by Los Angeles Unified School District  to waive portions of California Education Code Section 52055.740(a), regarding the Teacher Experience Index, Highly Qualified Teacher requirements, and Williams’ settlement agreement requirements under the Quality Education Investment Act, so that the full implementation of these programmatic requirements is not required until 2012–13 at Alain LeRoy Locke Charter High School, Animo Locke #1, Animo Locke #2, Animo Locke #3, and Animo Locke ACE Academy.

Waiver Number: 8-5-2011

(Recommended for DENIAL)


QUALITY EDUCATION INVESTMENT ACT (Teacher Experience Index)

Item W-17 (DOC)

Subject: Request by four local educational agencies to waive California Education Code Section 52055.740(a), regarding Teacher Experience Index under the Quality Education Investment Act.

Waiver Numbers:

(Recommended for DENIAL)

 

***END OF WAIVERS***

*** ADJOURNMENT OF DAY’S SESSION ***


Public Session

November 10, 2011

Thursday, November 10, 2011 – 8:30 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 STATE SUPERINTENDENT

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

AGENDA ITEMS

Item 8 (DOC)

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; bylaw review and revision; Board policy; approval of minutes; Board liaison reports; training of Board members; and other matters of interest. 

Type of Action:  Action, Information


Item 9 (DOC)

Subject: Annual Performance Report for Part B of the Individuals with Disabilities Education Act Covering Program Year 2010-11.

Type of Action:  Action, Information


Item 10 (DOC)

Subject: Request for Approval of Sonoma County Office of Education Charter Special Education Local Plan Area.

Type of Action:  Action, Information


Item 11 (DOC; 2MB)

Subject: Appeal of a decision by the San Mateo County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the Redwood City School District to the Las Lomitas School District in San Mateo.

Type of Action:  Action, Information


***PUBLIC HEARING***

A Public Hearing on the following agenda item will commence no earlier than10:00 a.m. on Thursday, November 10, 2011. The Public Hearing will be held as close to 10:00 a.m. as the business of the State Board permits.

Item 12 (DOC)

Subject:  Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Synergy Charter School Petition, Which Was Denied by the Pittsburg Unified School District and the Contra Costa County Board of Education.

Type of Action:  Action, Information, Hearing

***END OF PUBLIC HEARING***


***PUBLIC HEARING***

A Public Hearing on the following agenda item will commence no earlier than 1:00 p.m. on Thursday, November 10, 2011. The Public Hearing will be held as close to 1:00 p.m. as the business of the State Board permits.

Item 13 (DOC)

Subject:  Standardized Testing and Reporting Program: Adoption of California Modified Assessment Performance Standards for English–Language Arts in Grades Ten and Eleven, and Geometry.

Type of Action:  Action, Information, Hearing

***END OF PUBLIC HEARING***


Item 14 (DOC)

Subject: Elementary and Secondary Education Act: Recommendation for Adoption of the Exit Plan Regarding the State Trustee in Alisal Union Elementary School District.

Type of Action:  Action, Information


Item 15 (DOC)

Subject: 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:  Action, Information


Item 16 (DOC)

Subject: Appoint Jason Spencer to a Position in Accordance with Article IX, Section 2.1, of the Constitution of the State of California.

Type of Action: Action, Information


Item 17 (DOC)

Subject:  Revision to the 2008–12 California State Plan for Career Technical Education (State Plan) to allow for the establishment of a Reserve Fund for use by the Community College.

Type of Action:  Action, Information


Item 18 (DOC)

Subject: The Administrator Training Program, formerly Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of Applications for Funding from Local Educational Agencies.

Type of Action:  Action, Information


Item 19 (DOC)

Subject: Approval of 2011–12 Consolidated Applications.

Type of Action:  Action, Information


Item 20 (DOC)

Subject:  Standardized Testing and Reporting Program: Release of 10 Percent Withheld for 2010–11 Educational Testing Service Contract.

Type of Action:  Action, Information


Item 21 (DOC)

Subject:  Elementary and Secondary Education Act: Approval of Local Educational Agency Plans, Title I, Section 1112.

Type of Action:  Action, Information


Item 22 (DOC)

Subject:  Assignment of Numbers for Charter School Petitions.

Type of Action:  Action, Information

*** 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/].

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