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SBE Agenda for July 2013

Agenda for the California State Board of Education (SBE) meeting on July 10-11, 2013.
State Board Members
Secretary & Executive Officer
Executive Director

Schedule of Meeting

Location

Wednesday, July 10, 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, July 11, 2013
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
Public Session, adjourn to Closed Session
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, July 11, 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
July 10, 2013

Wednesday, July 10, 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: 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 2 (DOC)

Subject: Next Generation Science Standards for California Public Schools, Kindergarten through Grade Twelve; Adoption of new Science Content Standards based upon the nationally developed Next Generation Science Standards as required by Education Code 60605.85.

Type of Action: Action, Information


Item 3 (DOC)

Subject: Information on California’s Participation in the National Center and State Collaborative Alternate Assessment Curriculum and Instruction, Professional Development, and Assessment Activities for Students with the Most Significant Cognitive Disabilities.

Type of Action: Information


Item 4 (DOC)

Subject: California Long-term Assessment Plan.

Type of Action: Information


Item 5 (DOC)

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

Type of Action: Information


Item 6 (DOC; 1MB)

Subject: General Educational Development Test: Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5 sections 11530 – 11532

Type of Action: Action, Information


Item 7 (DOC)

Subject: Local Control Funding Formula: Discussion of Proposed Changes to California’s Local Educational Agency and School Planning and Accountability System.

Type of Action: Action, Information


Item 8 (DOC)

Subject: Status of the English Language Development (ELD) Standards Implementation Plan for California.

Type of Action: Information


Item 9 (DOC)

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

Type of Action: Information


Item 10 (DOC)

Subject: Update on the California Department of Education’s Implementation Timeline and Process for Incorporating New Indicators into the Academic Performance Index Consistent with Education Code Sections 52052 through 52052.9 to Modify the Academic Performance Index.

Type of Action: Information


Item 11 (DOC)

Subject: School Accountability Report Card: Approve the Template for the 2012–13 School Accountability Report Card.

Type of Action: Action, Information


Item 12 (DOC)

Subject: Approval of the Recommendation to the Governor and Legislature on the Development of a Growth Model as Required by Education Code Section 52052.5(d).

Type of Action: Action, Information

ADJOURNMENT OF DAY’S SESSION


Public Session
July 11, 2013

Thursday, July 11, 2013 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

AGENDA ITEMS

Item 13 (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


PUBLIC HEARING

A Public Hearing on the following agenda items will commence no earlier than 9:00 a.m. on Thursday, July 11, 2013. The Public Hearing will be held as close to 9:00 a.m. as the business of the State Board permits.

Item 14 (DOC)

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Neighborhood Arts and Sciences Academy, which was denied by the Chino Valley Unified School District and the San Bernardino County Office of Education.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARING


Item 15 (DOC)

Subject: Public Charter Schools Grant Program Update.

Type of Action: Information


Item 16 (DOC)

Subject: Consideration of a Request to Amend a Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code Sections 47612.5 and 47634.2, California Code of Regulations Section 11963.4(d), and Associated California Code of Regulations, Title 5.

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.

Open Enrollment (Removal From the List of LEAs)

Item W-01 (DOC)

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

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Schoolsite Council Statute (Number and Composition of Members)

Item W-02 (DOC)

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-03 (DOC)

Subject: Request by Conejo Valley Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2012–13 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for one special education student based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 17-4-2013

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-04 (DOC)

Subject: Request by the Imperial County Office of Education to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow two interpreters to continue to provide services to students until 30, 2014, under a remediation plan to complete those minimum qualifications.

Waiver Numbers: 

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-05 (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 districts’ resource specialists to each 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-06 (DOC)

Subject: Request by Hydesville Elementary School District, 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 Number: 47-3-2013

(Recommended for APPROVAL)


State Testing Apportionment Report (CELDT)

Item W-07 (DOC)

Subject: Request by four 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 Title5, 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-08 (DOC)

Subject: Request by four school districts 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(a), relating to the colocation of a community day school with other types of schools.

Waiver Numbers: 

(Recommended for APPROVAL WITH CONDITIONS)


Independent Study Program (Pupil Teacher Ratio)

Item W-09 (DOC)

Subject: Request by one county office of education and one 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.

Waiver Numbers: 

(Recommended for APPROVAL WITH CONDITIONS)


Open Enrollment (Removal From the List of LEAs)

Item W-10 (DOC)

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

Waiver Number:  39-3-2013

(Recommended for DENIAL)


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

Item W-11 (DOC)

Subject: Request by Newark Unified School District 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 using a “request for proposal process,” thereby maximizing the proceeds from the sale or lease of the property. The property for which the waiver is requested is Ruschin Elementary School.

Waiver Number:  6-5-2013

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Election of Governing Board)

Item W-12 (DOC)

Subject: Request by Empire Union Elementary School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require approval of the county committee on school district organization and a district-wide election to establish new trustee areas.

Waiver Number:  3-5-2013

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-13 (DOC)

Subject: Request by five 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)


Sufficiency of Instructional Materials - EC 60119 (10 Days Notice)

Item W-14 (DOC)

Subject: Request by Santa Cruz County Office of Education under the authority of California Education Code Section 41344.3 for a retroactive waiver of the audit penalty for the 2011–12 fiscal year of Education Code Section 60119, regarding the annual public hearing and board resolution on the sufficiency and availability of textbooks and instructional materials for all students at all grade levels and subjects.

Waiver Number:  39-2-2013

(Recommended for APPROVAL)


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

Item W-15 (DOC)

Subject: Request by seven 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 Three)

Item W-16 (DOC)

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-17 (DOC)

Subject: Request by four districts to waive portions of California Education Code Section 41376(b) and (e), related 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-18 (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)


Quality Education Investment Act (API Growth Target)

Item W-19 (DOC)

Subject: Request by Kern Union High School District to waive portions of California Education Code Section 52055.760(c)(3), regarding alternative program and Academic Performance Index requirements under the Quality Education Investment Act.

Waiver Numbers:  

(Recommended for DENIAL)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-20 (DOC)

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 (Class Size Reduction Requirements)

Item W-21 (DOC)

Subject: Request by three 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 (Money to Follow Students)

Item W-22 (DOC)

Subject: Request by Banning 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 Susan B. Coombs Intermediate School to follow identified students who will transfer to Nicolet Middle School to ensure that they will not lose the benefits of the Quality Education Investment Act.

Waiver Number:  27-4-2013

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Teacher Experience Index)

Item W-23 (DOC)

Subject: Request by San Diego Unified 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 Number: 1-3-2013

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Williams Settlement)

Item W-24 (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)

END OF WAIVERS


Item 17 (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 18 (DOC)

Subject: Request for Approval of Desert/Mountain Charter Special Education Local Plan Area.

Type of Action: Action, Information


Item 19 (DOC)

Subject: Supplemental Instructional Materials Review Aligned to the Common Core State Standards: Approval of Category 2 Mathematics Supplemental Instructional Materials.

Type of Action: Action, Information


Item 20 (DOC)

Subject: 2014 Mathematics Primary Adoption of Instructional Materials: Approval of Non-Instructional Quality Commissioner Facilitators.

Type of Action: Action, Information


Item 21 (DOC)

Subject: State Instructional Materials Fund – Approve Encumbrances and Allocations for Fiscal Year 2013-14

Type of Action: Action, Information


Item 22 (DOC)

Subject: Approval of the Charter School Number Assigned to Newly Established Charter Schools.

Type of Action: Action, Information


Item 23 (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, Title 5.

Type of Action: Action, Information


Item 24 (DOC)

Subject: Consideration of a “Reasonable Basis”/Mitigating Circumstances Request 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


Item 25 (DOC)

Subject: Consideration of a Request for Modification of a Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code Sections 47612.5 and 47634.2, California Code of Regulations Section 11963.4(c), and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 26 (DOC)

Subject: Approval of 2012–13 Consolidated Applications.

Type of Action: Action, Information


Item 27 (DOC)

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

Type of Action: Action, Information


Item 28 (DOC; 5MB)

Subject: School Improvement Grant: Approval of California’s Request to the U.S. Department of Education for Approval of an Amendment to California’s Fiscal Year 2009 School Improvement Grant Application to Extend the Period of Availability of Those Funds Until September 30, 2014; Approval of the Application and Criteria for Local Educational Agencies to Extend the Use of Fiscal Year 2009 SIG Funds, Including Conditional Approval of Sub-grants Under Section 1003(g) for Local Educational Agencies and Schools Meeting State Board Approved Criteria.

Type of Action: Action, Information


Item 29 (DOC; 4MB)

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, 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; Approval or Denial of Applicants Based on Appeal; and Authorization to Seek an Additional Waiver from the U.S. Department of Education Under the Elementary and Secondary Education Act, Section 9401.

Type of Action: Action, Information


Item 30 (DOC)

Subject: Request by Emery Unified School District regarding California Education Code sections 17515 through 17526, Joint Public/Private Occupancy Proposal, allowing the Emery Unified School District and the City of Emeryville to enter into leases and agreements relating to real property and buildings to be used jointly by the district and the city.

Type of Action: Action, Information


Item 31 (DOC)

Subject: Request by Lemon Grove School District regarding California Education Code sections 17515 through 17526, Joint Public/Private Occupancy Proposal, allowing the Lemon Grove School District and Literacy First Charter School to enter into leases and agreements relating to real property and buildings to be used jointly by the district and the Literacy First Charter School.

Type of Action: Action, Information


Item 32 (DOC; 1MB)

Subject: Pupil Fees and Discrimination Complaints – Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5 sections 4600-4650.

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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