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SBE Agenda for January 2012

Agenda for the California State Board of Education (SBE) meeting to be held on January 11 and 12, 2012.
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, January 11, 2012
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.

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, January 11, 2012
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.

Schedule of Meeting

Location

Thursday, January 12, 2012
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, January 12, 2012
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

January 11, 2012

Wednesday, January 11, 2012 – 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

*** PUBLIC HEARINGS ***

Public Hearings on the following agenda items will commence no earlier than 9:15 a.m. on Wednesday, January 11, 2012. The Public Hearings will be held as close to 9:15 a.m. as the business of the State Board permits.

Item 1 (DOC; 515KB; 51pp.)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Hold a Public Hearing to Consider Rocketship Charter School, San Francisco, Which Was Denied by the San Francisco Unified School District Board of Education.

Type of Action: Action, Information, Public Hearing


Item 2 (DOC; 1MB; 136pp.)

Subject: Statewide Benefit Charter Schools: Hold a Public Hearing to Consider the Renewal of the High Tech High Statewide Benefit Charter.

Type of Action: Action, Information, Public Hearing


Item 3 (DOC; 2MB; 145pp.)

Subject: Statewide Benefit Charter Schools: Hold a Public Hearing to Consider the Renewal of the Aspire Public Schools Statewide Benefit Charter.

Type of Action: Action, Information, Public Hearing

*** END OF PUBLIC HEARINGS ***


Item 4 (DOC; 153KB; 11pp.)

Subject: Elementary and Secondary Education Act: Discussion Regarding the 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 5 (DOC; 75KB; 4pp.)

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 Approval of Funding of Local Educational Agencies and Schools for the 2012–13 School Improvement Grant Sub-Grants Under Section 1003(g) and Authorization to Approve California’s FY 2011 Continuation Awards Only School Improvement Grant Application.

Type of Action: Action, Information


Item 6 (DOC; 118KB; 7pp.)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional Providers to the 2011–13 State Board of Education-Approved Supplemental Educational Services Provider List Based on Appeal and Removal of Providers From the 2009–11, 2010–12, and 2011–13 Approval Lists for Failure to Submit the 2010–11 Supplemental Educational Services Accountability Report.

Type of Action: Action, Information


Item 7 (DOC; 564KB; 60pp.)

Subject: Approve the Annual State Performance Plan and Performance Report for Part B of the Individuals with Disabilities Education Act Covering Program Year 2010−11.

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.

Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)

Item W-1 (DOC; 67KB; 2pp.)

Subject: Request by two districts 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 Numbers:

(Recommended for APPROVAL)

(Meets Waiver Policy: Carl D. Perkins Career and Technology Education Improvement Act: Consortium Requirement for Minimum Allocation [DOC; 85KB; 2pp.])


State Testing Apportionment Report (CELDT)

Item W-2 (DOC; 77KB; 3pp.)

Subject: Request by two 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.

Waiver Numbers:

(Recommended for APPROVAL)

(Meets Waiver Policy: State Testing Apportionment Informational Report Deadline [DOC; 77KB; 2pp.])


Community Day Schools (CDS) (Colocate Facilities)

Item W-3 (DOC; 73KB; 3pp.)

Subject: Request under the authority of California Education Code Section 33050 for the Sacramento City Unified School District to waive Education Code Section 48661 relating to the co-location of a community day school with other types of schools; and, for the Tehama County Department of Education to waive portions of Education Code sections 48660 and 48916.1(d) relating to the allowable grade spans for community day schools.

Waiver Numbers:

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-4 (DOC; 81KB; 4pp.)

Subject: Request by 14 districts, under the authority of 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 Numbers:

(Recommended for APPROVAL)


Class Size Penalties (Over Limit on Grades 1-3)

Item W-5 (DOC; 74KB; 3pp.)

Subject: Request by two 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 4-8)

Item W-6 (DOC; 74KB; 3pp.)

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)


Instructional Time Requirement Audit Penalty (Instructional Days and Minutes)

Item W-7 (DOC; 100KB; 5pp.)

Subject: Request by Calexico Unified School District under the authority of California Education Code Section 46206(a) to waive Education Code Section 46200(c) audit penalty for offering fewer instructional days in the 2009-10 fiscal year and Education Code Section 46201(d) for offering fewer instructional minutes.

Waiver Number: 20-6-2011

(Recommended for APPROVAL WITH CONDITIONS)


Charter School Program (Attendance Accounting for Multi-Track)

Item W-8 (DOC; 82KB; 4pp.)

Subject: Request by New Jerusalem Elementary School District for Delta Charter School to waive California Code of Regulations, Title 5, Section 11960(a), to allow the charter school attendance to be calculated as if it were a regular multi-track school.

Waiver Number: 19-9-2011

(Recommended for APPROVAL WITH CONDITIONS)

(Meets Waiver Policy: Charter School ADA: Alternative Calculation Method [DOC; 77KB; 3pp.])


Schoolsite Council Statute (Shared, Composition, or Shared and Composition Members)

Item W-9 (DOC; 78KB; 3pp.)

Subject: Request by nine local educational agencies under the authority of California Education Code Section 52863 for waivers of Education Code Section 52852, relating to schoolsite councils regarding changes in shared, composition, or shared and composition members.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Algebra I Requirement for Graduation)

Item W-10 (DOC; 71KB; 2pp.)

Subject: Request by two local educational agencies to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2010−11 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for two special education students based on Education Code Section 56101, the special education waiver authority.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item W-11 (DOC; 77KB; 3pp.)

Subject: Request by two 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 two 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; 95KB; 3pp.])


Special Education Program (Extended School Year)

Item W-12 (DOC; 79KB; 2pp.)

Subject: Request by Fairfax Elementary School District to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.

Waiver Number: 25-9-2011

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Child Specific/ NPA or NPS Certification)

Item W-13 (DOC; 76KB; 3pp.) WITHDRAWN as of 03-Jan-2012

Subject: Request by two county offices of education (COE) to waive Education Code (EC) Section 56366.1(a), the requirement for state certification to allow an uncertified nonpublic school/residential treatment facility to provide services to one or more special education student(s).

Waiver Numbers:

(Recommended for DENIAL)

Note: The preceding Waiver Item, W-13, has been withdrawn by the Napa and Solano County Offices of Education as of January 3, 2012.


Special Education Program (Resource Specialist)

Item W-14 (DOC; 71KB; 3pp.)

Subject: Request by two districts, 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). Approval of this waiver will allow the district’s resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


OUT OF STATE TRAVEL

Item W-15 (DOC; 75KB; 3pp.)

Subject: Request by Butte Valley Unified School District to waive a portion of California Education Code Section 35330(b)(3) to authorize expenditures of school district funds for students to travel to Oregon to attend curricular and extra curricular trips/events and competitions.

Waiver Number: 3-10-2011

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-16 (DOC; 89KB; 5pp.)

Subject: Request by seven local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Teacher Experience Index)

Item W-17 (DOC; 71KB; 2pp.)

Subject: Request by two 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 (Highly Qualified Teachers)

Item W-18 (DOC; 76KB; 4pp.)

Subject: Request by four local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding Highly Qualified Teachers and/or the Williams case settlement requirements under the Quality Education Investment Act.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (API Growth Target)

Item W-19 (DOC; 77KB; 3pp.)

Subject: Request by five local educational agencies to waive portions of California Education Code Section 52055.740(a)(5), regarding the Academic Performance Index under the Quality Education Investment Act.

Waiver Numbers:

(Recommended for DENIAL)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-20 (DOC; 71KB; 3pp.)

Subject: Request by Santa Ana Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act.

Waiver Numbers:

(Recommended for DENIAL)


Quality Education Investment Act (Teacher Experience Index)

Item W-21 (DOC; 67KB; 2pp.)

Subject: Request by Chula Vista Elementary School District local educational agency to waive portions of California Education Code Section 52055.740(a), regarding Teacher Experience Index under the Quality Education Investment Act.

Waiver Number: Chula Vista Elementary 22-4-2011

(Recommended for APPROVAL WITH CONDITIONS)

*** END OF WAIVERS ***

*** ADJOURNMENT OF DAY’S SESSION ***


Public Session

January 12, 2012

Thursday, January 12, 2012 – 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; 70KB; 2pp.)

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; 66KB; 4pp.)

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 10 (DOC; 105KB; 7pp.)

Subject: Supplemental Instructional Materials Review Aligned to the Common Core State Standards: Evaluation Criteria.

Type of Action: Action, Information


Item 11 (DOC; 322KB; 16pp.)

Subject: Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve, 2013 Revision: Approval of the Timeline and Curriculum Framework and Evaluation Criteria Committee Application Form. The future activities of Instructional Quality Commission will also be discussed.

Type of Action: Action, Information


Item 12 (Updated 29-Dec-2011; DOC; 167KB; 13pp.)

Subject: Reauthorization of the Statewide Pupil Assessment System: Development of the State Superintendent of Public Instruction Recommendations.

Type of Action: Action, Information


Item 13 (DOC; 73KB; 5pp.)

Subject: Elementary and Secondary Education Act: Proposed Amendments to the Accountability Workbook for 2012.

Type of Action: Action, Information


Item 14 (DOC; 84KB; 8pp.)

Subject: Inclusion of Alternative Education Program Accountability Results in the Academic Performance Index – Approve Commencement of a 15-day Public Comment Period for Proposed Amendments to the California Code of Regulations, Title 5, Sections 1039.2 and 1039.3.

Type of Action: Action, Information


Item 15 (DOC; 69KB; 6pp.)

Subject: 2012 United States Senate Youth Program Presentation.

Type of Action: Action, Information


Item 16 (DOC; 90KB; 4pp.)

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

Type of Action: Action, Information


Item 17 (DOC; 89KB; 3pp.)

Subject: Approval of 2011–12 Consolidated Applications.

Type of Action: Action, Information


Item 18 (DOC; 100KB; 5pp.)

Subject: Assignment of Numbers for Charter School Petitions.

Type of Action: Action, Information


Item 19 (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

*** 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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