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SBE Agenda for May 2013

Agenda for the California State Board of Education (SBE) meeting on May 8-9, 2013.
State Board Members
Secretary & Executive Officer
Executive Director

Schedule of Meeting

Location

Wednesday, May 8, 2013
8:30 a.m. Pacific Time +

STATE BOARD OF EDUCATION

Public Session, adjourn to Closed Session – IF NECESSARY.

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, May 9, 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.

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 follows will be considered and acted upon in closed session:

Conference with Legal Counsel – Anticipated Litigation:  Under Government Code sections 11126(e), 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), 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

Thursday, May 9, 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

May 8, 2013

Wednesday, May 8, 2013 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

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.

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: Update on Statewide Assessment Transition and Smarter Balanced Assessment Resources and Development Activities.

Type of Action: Information


Item 4 (DOC)

Subject: Standardized Testing and Reporting Program: Final Results of the Science Computer-based Testing Tryout.

Type of Action: Information


Item 5 (DOC)

Subject: California English Language Development Test: Transitioning to the English Language Proficiency Assessments for California.

Type of Action: Information


Item 6 (DOC)

Subject: Background Information on the Academic Performance Index and an Update on the California Department of Education’s Implementation Timeline and Process Consistent With Education Code Sections 52052 through 52052.9.

Type of Action: Information


Item 7 (DOC)

Subject: Elementary and Secondary Education Act: Proposed Amendments to the Accountability Workbook for 2013.

Type of Action: Action, Information


Item 8 (DOC)

Subject: 2014 Mathematics Primary Adoption of Instructional Materials: Appointment of Instructional Materials Reviewers, Content Review Experts, and Non-Instructional Quality Commissioner Facilitators; Approval of Revision to the Schedule of Significant Events; Approval of Reviewer Training Materials; and Approval of Publisher Fee Reduction Request.

Type of Action: Action, Information


Item 9 (DOC)

Subject: English Language Development Supplemental Instructional Materials Review: Reviewer Approval.

Type of Action: Action, Information


Item 10 (DOC)

Subject: Update on the public process to revise and adopt the Science Content Standards for California Public Schools, Kindergarten through Grade Twelve based upon the nationally developed Next Generation Science Standards as required by Education Code 60605.85.

Type of Action: Action, Information


Item 11 (DOC)

Subject: Adoption of Standards for Evaluating Instructional Materials for Social Content 2013 Edition.

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.

Charter School Program (Attendance Accounting for Multi-Track)

Item W-01 (DOC)

Subject: Request by two school districts to waive portions of California Code of Regulations, Title 5, Section 11960(a), to allow the charter school attendance to be calculated as if they were regular multi-track schools.

Waiver Numbers: 

(Recommended for APPROVAL WITH CONDITIONS)


Open Enrollment (Removal From the List of LEAs)

Item W-02 (DOC)

Subject: Request by six school districts 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 2013–14 school year.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Physical Education Program (Block Schedules)

Item W-03 (DOC)

Subject: Request by Fremont Unified 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 Kennedy High School.

Waiver Number: 82-1-2013

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-04 (DOC)

Subject: Request by six 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)


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

Item W-05 (DOC)

Subject: Request by four 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 four educational interpreters to continue to provide services to students until June 30, 2013, under a remediation plan to complete those minimum qualifications.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-06 (DOC)

Subject: Request by two local educational agencies, 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 resource specialists at the Ferndale High School and Ferndale Elementary School, and the resource specialist at the Kelseyville High School each to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Numbers: 

(Recommended for APPROVAL WITH CONDITIONS)


State Meal Mandate (Summer School Session)

Item W-07 (DOC)

Subject: Request by nine school districts under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the summer school session.  

Waiver Numbers:

(Recommended for APPROVAL)


State Testing Apportionment Report (CELDT)

Item W-08 (DOC)

Subject: Request by seven 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)


Charter School Program (Attendance Area)

Item W-09 - WITHDRAWN BY LOS ANGELES COUNTY OFFICE OF EDUCATION ON APRIL 26, 2013

Subject: Request by Los Angeles County Office of Education to waive California Education Code (EC) Section 47605(d)(2)(A): A charter school shall admit pupils who wish to attend the school, to allow Optimist Charter School to admit only pupils who are placed by the Department of Probation residing in foster youth placement.

Waiver Number: 92-1-2013

(Recommended for DENIAL)


Equity Length of Time (Equity Length of Time)

Item W-10 (DOC)

Subject: Request by Harmony Union Elementary School District to waive California Education Code Section 37202, the equity length of time requirement for transitional kindergartern and kindergarten programs at Harmony Elementary School.

Waiver Number: 72-1-2013

(Recommended for APPROVAL WITH CONDITIONS)


Open Enrollment (Removal From the List of LEAs)

Item W-11 (DOC)

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

Waiver Number: 69-1-2013

(Recommended for DENIAL)


Other Waivers (Teacher Tenure when Part-time)

Item W-12 (DOC)

Subject: Request by Colusa Unified School District to waive a portion of California Education Code Section 44908, the requirement that a probationary employee who, in any one school year, has served for at least seventy-five percent of the number of days the regular schools of the district in which he is employed are maintained shall be deemed to have served a complete school year.

Waiver Number: 90-1-2013

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-13 (DOC)

Subject: Request by two districts, to waive all portions of California Education Code sections 17473 and 17474 and portions of 17466, 17472, 17475, and one of the two districts to waive all portions of 17485, et seq.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Sale or Lease of Surplus Property (Joint Occupancy)

Item W-14 (DOC)

Subject: Request by Folsom-Cordova Unified School District to waive portions of Education Code sections 17518 and 17524, regarding a joint occupancy agreement between the district and potential partners.

Waiver Number: 28-2-2013

(Recommended for APPROVAL)


School Construction Bonds (Citizens Oversight Comittee - Term Limits)

Item W-15 (DOC)

Subject: Request by Montebello Unified School District 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: 10-2-2013

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-16 (DOC)

Subject: Request by four school districts 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 Numbers:

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-17 (DOC)

Subject: Request by Patterson Joint 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 and reduce the size of the governing board from seven to five members.

Waiver Number: 5-2-2013

(Recommended for APPROVAL)


Special Education Program (Extended School Year (Summer School))

Item W-18 (DOC)

Subject: Request by four local educational agencies 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 Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-19 (DOC)

Subject: Request by four 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 Kindergarten through Grade 3)

Item W-20 (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/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 Number: 40-2-2013

(Recommended for APPROVAL WITH CONDITIONS)


Class Size Penalties (Over Limit on Grades 4-8)

Item W-21 (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)


Class Size Penalties (Over Limit on Grades 4-8)

Item W-22 (DOC)

Subject: Request by Hemet School District for a renewal to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. The 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: 27-2-2013

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-23 (DOC)

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

Waiver Number: 20-2-2013

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-24 (DOC)

Subject: Request by eight 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)

Item W-25 (DOC)

Subject: Request by three 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 (Money to Follow Identified Students)

Item W-26 (DOC)

Subject: Request by Los Angeles Unified School District to waive California Education Code Section 52055.750(a)(9) regarding the fund expenditure requirements of the Quality Education Investment Act in order to allow funds from San Fernando Middle School to follow identified students who transferred to San Fernando Institute of Applied Media to ensure that they will not lose the benefits of the Quality Education Investment Act.

Waiver Number: 26-2-2013

(Recommended for DENIAL)


Quality Education Investment Act (Rule of 27)

Item W-27 (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 DENIAL)


Quality Education Investment Act (Teacher Experience Index)

Item W-28 (DOC)

Subject: Request by three 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)


School Construction Bonds (Bonded Indebtedness)

Item W-29 (DOC)

Subject: Request by six districts to waive one or more of the following California Education Code sections related to bonded indebtedness limits: Sections 15102, 15106, 15268, and 15270(a). Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for high school and elementary school districts or 2.5 percent for unified school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for high school and elementary school districts or $60 per $100,000 for unified districts, may also apply.

Waiver Numbers:  

(Recommended for APPROVAL WITH CONDITIONS)


School Construction Bonds (Bonded Indebtedness)

Item W-30 (DOC)

Subject: Request by Jefferson Elementary School District to waive California Education Code sections 15102 and portions of 15268 related to bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for elementary school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for elementary school districts, may also apply.

Waiver Number: 56-10-2012

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS

ADJOURNMENT OF DAY’S SESSION


Public Session

May 9, 2013

Thursday, May 9, 2013 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

AGENDA ITEMS

Item 12 (DOC)

Subject: Consideration of “Reasonable Basis”/Mitigating Circumstances Requests for Determination of Funding as required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2, and associated California Code of Regulations, Title 5.

Type of Action: Action, Information


PUBLIC HEARINGS

Public Hearings on the following agenda items will commence no earlier than 9:00 a.m. on Thursday, May 9, 2013. The Public Hearings will be held as close to 9:00 a.m. as the business of the State Board permits.

Item 13 (DOC)

Subject: Appeal of Actions by the Orange County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the Orange Unified School District to the Saddleback Valley Unified School District.

Type of Action: Action, Information, Hearing


Item 14 (DOC)

Subject: Certification of an Environmental Impact Report for the Proposed Formation of Wiseburn Unified School District from Wiseburn Elementary School District and a Portion of Centinela Valley Union High School District in Los Angeles County.

Type of Action: Action, Information, Hearing


Item 15 (DOC)

Subject: Proposed Formation of a Wiseburn Unified School District from the Wiseburn Elementary School District and a Portion of the Centinela Valley Union High School District in Los Angeles County.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARINGS


Item 16 (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 17 (DOC; 1MB; Updated 06-May-2013)

Subject: Update of Special Education Regulations—Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 3001–3088.

Type of Action:  Action, Information


Item 18 (DOC)

Subject: Consideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2, and associated California Code of Regulations, Title5.

Type of Action:  Action, Information


Item 19 (DOC)

Subject:  Assignment of Numbers for Charter School Petitions.

Type of Action:  Action, Information


Item 20 (DOC)

Subject:  Approval of 2012–13 Consolidated Applications.

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; 3MB)

Subject:  Elementary and Secondary Education Act: School Improvement Grant: Request for a Tydings Amendment Waiver for Federal Fiscal Year 2010; Federal Fiscal Year 2011 Funds and Carryover Limitation Waiver for Federal Fiscal Year 2012.

Type of Action: Action, Information


Item 23 (DOC)

Subject:  Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional Providers to the 2013–15 State Board of Education-Approved Supplemental Educational Services Provider List Based on Appeal, Including Local Educational Agencies Identified for Improvement Based on a Waiver Granted by the U.S. Department of Education Under the Elementary and Secondary Education Act, Section 9401.

Type of Action: Action, Information


Item 24 (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

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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