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SBE Agenda for January 2013

Agenda for the California State Board of Education (SBE) meeting on January 16, 2013.
State Board Members

Michael W. Kirst, President
Trish Williams, Vice President

Sue Burr
Carl Cohn
Bruce Holaday
Aida Molina
Patricia A. Rucker
Niki Sandoval
Ilene W. Straus
Josephine Kao, Student Member
Vacancy

Secretary & Executive Officer

Hon. Tom Torlakson

 

Schedule of Meeting

Location

Wednesday, January 16, 2013
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
Public Session, adjourn to Closed Session – IF NECESSARY.
The Closed Session will take place at approximately 8:30 a.m.
(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.

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

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 16, 2013
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

Time is set aside for individuals 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; facsimile, 916‑319-0175.

CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session

January 16, 2013

Wednesday, January 16, 2013 – 8:30 a.m. Pacific Time ±
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:  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.  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 2 (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 3 (DOC)

Subject: Adoption of Modifications to the Common Core State Standards for Mathematics with California Additions.

Type of Action:  Action, Information


Item 4 (DOC)

Subject:  2014 Mathematics Primary Adoption of Instructional Materials: Approval of Evaluation Criteria; Approval of Timeline; Approval of the Application for Instructional Materials Reviewers and Content Review Experts.

Type of Action:  Action, Information


Item 5 (DOC)

Subject: Supplemental Instructional Materials Review, Mathematics Category 2: Approval of Reviewers and Continuation of Recruitment for March 2013 Approval.

Type of Action:  Action, Information


Item 6 (DOC)

Subject: Career Technical Education Model Curriculum Standards 2013.

Type of Action: Action, Information


Item 7 (DOC)

Subject: 2013 United States Senate Youth Program Presentation. 

Type of Action: Information


Item 8 (DOC)

Subject:  Transitioning to California’s Future Assessment System: Recommendations and Transition Plan.

Type of Action: Information


Item 9 (DOC)

Subject:  Overview of Amendments to the Public Schools Accountability Act and the California Department of Education’s Implementation Timeline and Process Consistent with Education Code Sections 52052 through 52052.9.

Type of Action: Action, Information


Item 10 (DOC)

Subject:  Student Achievement Plans for State Board of Education Authorized Charter Schools: Update on Student Achievement Plans Submitted by Lifeline Education Charter School and Long Valley Charter School.

Type of Action:  Action, Information


Item 11 (DOC)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs.

Type of Action:  Action, Information


Item 12 -- Item Withdrawn as of January 16, 2013

Subject: Presentation of the report Special Education Expenditures, Revenues, and Provision in California by American Institutes for Research as a Partner in the California Comprehensive Center at WestEd and in collaboration with the Advisory Commission on Special Education (ACSE).

Type of Action:  Information


Item 13 (DOC)

Subject:  State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 Covering Program Year 2011–12.

Type of Action: Action, Information


Item 14 (DOC)

Subject:  Standardized Testing and Reporting Program: Approval to Make the Standards-based Tests in Spanish Available for Testing Dual Language Immersion Program Students.

Type of Action:  Action, Information


*** WAIVERS ***

WAIVERS / ACTION AND CONSENT ITEMS

The following agenda items include waivers that are proposed for consent and those waivers scheduled for separate action because CDE staff has identified possible opposition, recommended denial, or determined may present new or unusual issues that should be considered by the State Board.Waivers proposed for consent are so indicated on each waiver’s agenda item; however, any board member may remove a waiver from proposed consent and the item may be heard individually. 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.

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

Item W-01 (DOC)

Subject: Request by the San Joaquin 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 Brittany Pitsch to continue to provide services to students until June 30, 2013, under a remediation plan to complete those minimum qualifications.

Waiver Number: 17-10-2012

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report (CELDT)

Item W-02 (DOC)

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; 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)


Community Day Schools (CDS) (Colocate Facilities)

Item W-03 (DOC)

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

Waiver Numbers:

(Recommended for APPROVAL)


Open Enrollment (Removal From the List of LEAs)

Item W-04 (DOC)

Subject: Request by Claremont Unified School District to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove their school from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.

Waiver Number: 58-10-2012

(Recommended for APPROVAL WITH CONDITIONS)


Open Enrollment (Removal From the List of LEAs)

Item W-05 (DOC; Updated 11-Jan-2013)

Subject: Request by Jamestown Elementary School District to waive California Education Code Section 48352(a) and California Code of Regulations Title 5, Section 4701, to remove its school from the Open Enrollment List of “low-achieving schools” for the 2013–14 school year.

Waiver Number: 28-10-2012

(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (Number and Composition of Members)

Item W-06 (DOC)

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

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Out-of-State Use of Funds and Transportation Allowances (Out-of-State Use of Funds and Transportation Allowances)

Item W-07 (DOC)

Subject: Request by Alpine County 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 attend curricular and extracurricular trips/events.

Waiver Number: 23-10-2012

(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply.


Sale or Lease of Surplus Property (Sale of Surplus Property)

Item W-08 (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 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 (Citizens Oversight Comittee - Term Limits)

Item W-09 (DOC)

Subject: Request by Oxnard School District for a renewal to waive portions of California Education Code Section 15282, regarding term limits for membership of a Citizens’ Oversight Committee for all construction bonds in the district.

Waiver Number: 1-10-2012

(Recommended for APPROVAL)


School District Reorganization (Election Requirements and Speed Transfer Process)

Item W-10 (DOC)

Subject: Request by Santa Clara County Office of Education to waive portions of California Education Code sections 35709 and 35534 that require (1) an election for approval of a transfer of territory from Campbell Union School District and Campbell Union High School District to Saratoga Union School District and Los Gatos-Saratoga Joint Union High School District, and (2) an effective date for the approved transfer that is July 1 of the year subsequent to the approval date.

Waiver Number: 52-10-2012

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-11 (DOC)

Subject: Request by Fairfield-Suisun Unified 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: 24-10-2012

(Recommended for APPROVAL)


School District Reorganization (Lapsation of a Small District)

Item W-12 (DOC)

Subject: Request by Green Point Elementary School District to waive California Education Code Section 35780(a), which requires lapsation of a district with an average daily attendance of less than six.

Waiver Number: 9-11-2012

(Recommended for APPROVAL)


Class Size Penalties (Over Limit on Kindergarten through Grade Three)

Item W-13 (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 4-8)

Item W-14 (DOC)

Subject: Request by four 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-15 (DOC)

Subject: Request by Shaffer Union Elementary School District 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 Number: 2-10-2012

 (Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-16 (DOC)

Subject: Request by two 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 (Highly Qualified Teachers and/or Williams Settlement)

Item W-17 (DOC)

Subject: Request by two 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 (Teacher Experience Index)

Item W-18 (DOC)

Subject: Request by Salinas City Elementary School District 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)


INDEPENDENT STUDY (Pupil Teacher Ratio)

Item W-19 -- Waiver Withdrawn by the California Department of Education as of January 9, 2013

Subject: Request by Kern County Office of Education 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 a 25:1 to a 27.5:1 pupil-teacher ratio at Valley Oaks Charter School.

Waiver Number: 21-10-2012

(Recommended for APPROVAL WITH CONDITIONS)


Item W-20 -- Waiver Withdrawn by the California Department of Education as of January 9, 2013

Subject: Request by Alpaugh Unified School District 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 ratio 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: 5-10-2012

(Recommended for DENIAL)


Item W-21 -- Waiver Withdrawn by the California Department of Education as of January 9, 2013

Subject: Request by Capistrano 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 Capistrano Connections Academy Charter School.

Waiver Number: 14-3-2012

(Recommended for DENIAL)


Open Enrollment (Removal From the List of LEAs)

Item W-22 (DOC)

Subject: Request by Curtis Creek Elementary School District to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove their school from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.

Waiver Number: 29-10-2012

(Recommended for APPROVAL WITH CONDITIONS)


Class Size Penalties (Over Limit on Kindergarten through Grade Three)

Item W-23 (DOC)

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) 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)

*** END OF WAIVERS ***


Item 15 (DOC)

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 16 (DOC)

Subject:  Supplemental Instructional Materials Review Aligned to the Common Core State Standards: Approval of Supplemental Instructional Materials (Second Cohort).

Type of Action:  Action, Information


Item 17 (DOC; 1MB)

Subject:  Instructional Materials Mathematics Adoption – Approve the Finding of Emergency and Proposed Emergency Regulations for Additions to the California Code of Regulations, Title 5, Section 9517.3.

Type of Action:  Action, Information


Item 18 (DOC)

Subject: Standardized Testing and Reporting Program: Approval of 2013 School District Apportionment Amounts.

Type of Action:  Action, Information


Item 19 (DOC)

Subject:  Approval of 2012–13 Consolidated Applications.

Type of Action:  Action, Information


Item 20 (DOC)

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

Type of Action:  Action, Information


Item 21 (DOC)

Subject:  Elementary and Secondary Education Act: Supplemental Educational Services Providers: Removal of Providers from the 2010–12, 2011–13, and 2012–14 Approval Lists for Failure to Submit a Complete 2011–12 Supplemental Educational Services Accountability Report.

Type of Action:  Action, Information


Item 22 (DOC)

Subject:  Request by Chula Vista Elementary School District regarding California Education Code sections 17515 through 17526, Joint Public/Private Occupancy Proposal, allowing the Chula Vista Elementary School District and South Bay Family Young Men’s Christian Association (YMCA) to enter into leases and agreements relating to real property and buildings to be used jointly by the District and the South Bay Family YMCA.

Type of Action:  Action, Information


Item 23 (DOC)

Subject:  Assignment of Numbers for Charter School Petitions.

Type of Action:  Action, Information


Item 24 (DOC)

Subject:  2012-13 Federal Public Charter Schools Grant Program Dissemination Grant Request for Applications.

Type of Action:  Action, Information

*** ADJOURNMENT OF MEETING ***


This agenda is posted on the State Board of Education’s Web site [http://www.cde.ca.gov/be/ag/]. 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; facsimile 916-319-0175. Members of the public wishing to send written comments about an agenda item to the board are encouraged to send an electronic copy to SBE@cde.ca.gov, with the item number clearly marked in the subject line. In order to ensure that comments are received by board members in advance of the meeting, materials must be received by 12:00 p.m. on the Monday before the meeting.

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