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SBE Agenda for March 2014

Agenda for the California State Board of Education (SBE) meeting on March 12-13, 2014.
State Board Members
Secretary & Executive Officer
Executive Director

The Local Control Funding Formula (LCFF) Items 1, 2, and 30 will be heard
Wednesday, March 12, 2014, commencing at 8:30 a.m.

Schedule of Meeting

Location

Wednesday, March 12, 2014
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,  March 13, 2014
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
Public Session. The Closed Session will take place at approximately 11:30 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 11:30 a.m.; (2) may begin at or before 11:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 11:30 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.

ALL TIMES ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE ONLY

ALL ITEMS MAY BE HEARD IN A DIFFERENT ORDER THAN HOW THEY ARE LISTED ON THE AGENDA 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 or any other individual 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 at 1430 N Street, Room 5111, Sacramento, CA 95814; by telephone at 916‑319-0827; or by facsimile at 916‑319-0175.

CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session

March 12, 2014

Wednesday, March 12, 2014 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

AGENDA ITEMS

Item 1 (DOC)

Subject: Local Control Funding Formula: Update on California’s Local Educational Agency and School Planning and Accountability System.

Type of Action: Information


Item 2 (DOC)

Subject: Local Control Funding Formula, Kindergarten and Grades One through Three Grade Span Adjustment: Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 15498, 15498.1, 15498.2, and 15498.3.

Type of Action: Action, Information


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 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, and public comment will be taken before board action on all proposed consent items; 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.

Independent Study Program (Pupil Teacher Ratio)

Item W-01 (DOC)

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 ratio to allow an increase from 25:1 to a 27.5:1 pupil-to-teacher ratio at Capistrano Connections Academy Charter School.

Waiver Number: 14-12-2013

(Recommended for APPROVAL WITH CONDITIONS)


Open Enrollment (Removal From the List of LEAs)

Item W-02 (DOC)

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

Waiver Number: 13-12-2013

(Recommended for APPROVAL WITH CONDITIONS)


Open Enrollment (Removal From the List of LEAs)

Item W-03 (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 nine schools from the Open Enrollment List of “low-achieving schools” for the 2014–15 school year.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Physical Education Program (Block Schedules)

Item W-04 (DOC)

Subject: Request by Folsom-Cordova 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 Vista del Lago High School.

Waiver Number: 26-10-2013

(Recommended for APPROVAL)


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

Item W-05 (DOC)

Subject: Request by Lindsay Unified School District 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 Katie Holland and Jessica Torres to continue to provide services to students until June 30, 2014, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-06 (DOC)

Subject: Request by Moreland School District, 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), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than 4 students (32 maximum). Donna Wohltmann assigned at Payne Elementary School.

Waiver Number: 10-10-2013

(Recommended for APPROVAL WITH CONDITIONS)


Administrator/Teacher Ratio (Administrator/Teacher Ratio in Elementary School District)

Item W-07 (DOC)

Subject: Request by Mupu Elementary School District to waive California Education Code Section 41402(a), the requirement which sets the ratio of administrators to teachers for elementary schools at nine for every 100 teachers. Mupu Elementary School District would like to temporarily increase the ratio during the transition of training a new superintendent.

Waiver Number: 31-12-2013

(Recommended for APPROVAL)


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

Item W-08 (DOC)

Subject: Request by Gilroy Unified School District to waive portions of California Education Code sections 17466, 17472, and 17475, and all of 17473 and 17474, specific statutory provisions for the sale and lease of surplus property. Approval of the waiver would allow the district to sell two pieces of property using a broker and a “request for proposal” process, thereby maximizing the proceeds from the sale. The district properties for which the waiver is requested are the Wren Avenue Property and the Grove Property, both located in the city of Gilroy.

Waiver Number: 16-11-2013

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (60-day Requirement to Fill Board Vacancy)

Item W-09 (DOC)

Subject: Request by Union Hill Elementary School District to waive portions of California Education Code Section 5091, which will allow the board of trustees to make a provisional appointment to a vacant board position past the 60-day statutory deadline.

Waiver Number: 11-12-2013

(Recommended for APPROVAL)


School District Reorganization (Election of Governing Board)

Item W-10 (DOC)

Subject: Request by South Monterey County Joint Union High School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.

Waiver Number: 2-12-2013

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-11 (DOC)

Subject: Request by six school districts to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.

Waiver Numbers:

(Recommended for APPROVAL)


School District Reorganization (Lapsation of a Small District)

Item W-12 (DOC)

Subject: Request by Green Point Elementary School District for a renewal 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: 32-12-2013

(Recommended for APPROVAL)


School District Reorganization (Lapsation of a Small District)

Item W-13 (DOC)

Subject: Request by two districts to waive portions of California Education Code sections 35534, 35780, and 35782, and all of Section 35786, regarding district lapsation and date of effectiveness of lapsation.

Waiver Numbers:

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-14 (DOC)

Subject: Request by 11 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 (Extended School Year [Summer School])

Item W-15 (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)


Open Enrollment (Removal From the List of LEAs)

Item W-16 (DOC)

Subject: Request by Covina-Valley 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 Manzanita Elementary School from the Open Enrollment List of “low-achieving schools” for the 2013–14 school year.

Waiver Number: 12-12-2013

(Recommended for DENIAL)


Open Enrollment (Removal From the List of LEAs)

Item W-17 (DOC)

Subject: Request by Fowler Unified School District to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Fremont Elementary School from the Open Enrollment List of “low-achieving schools” for the 2014–15 school year.

Waiver Number: 10-11-2013

(Recommended for DENIAL)


School District Reorganization (Elimination of Election Requirement)

Item W-18 (DOC)

Subject: Request by San Joaquin County Office of Education to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.

Waiver Number: 27-10-2013

(Recommended for DENIAL)


TEACHER EVALUATION AND ASSESSMENT (Probationary Status)

Item W-19 (DOC)

Subject: Request by San Jose Unified School District to waive California Education Code Section 44929.21(b), to enable both the granting of permanent status after the first year of probationary status and the granting of a third year of probationary status as deemed necessary.

Waiver Number: 39-1-2014

(Recommended for DENIAL)


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

Item W-20 (DOC)

Subject: Request by Stanislaus Union Elementary School District, under the authority of California Education Code Section 41382, for a renewal 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: 9-11-2013

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-21 (DOC)

Subject: Request by Redwood City 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: 28-10-2013

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-22 (DOC)

Subject: Request by six 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 Williams)

Item W-23 (DOC)

Subject: Request by Oakland Unified School District 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 3 (DOC)

Subject: Demonstration of the Quality Schooling Framework.

Type of Action: Information


Item 4 (DOC)

Subject: Approval of 2013–14 Consolidated Applications.

Type of Action: Action, Information


PUBLIC HEARINGS

Public Hearings on the following agenda items will commence no earlier than 1:00 p.m. on March 12, 2014. The Public Hearings will be held as close to 1:00 p.m. as the business of the State Board permits.

Item 5 (DOC)

Subject: Pioneer Union Elementary School District: Consideration of Petition to Renew Districtwide Charter.

Type of Action: Action, Information, Hearing


Item 6 (DOC)

Subject: Kings River-Hardwick Union Elementary School District: Consideration of Petition to Renew Districtwide Charter.

Type of Action: Action, Information, Hearing


Item 7 (DOC)

Subject: Ridgecrest Charter School: Consideration of Petition to Renew Charter Currently Authorized by the State Board of Education.

Type of Action: Action, Information, Hearing


Item 8 (DOC)

Subject: Barack Obama Charter School: Consideration of Petition to Renew Charter Currently Authorized by the State Board of Education.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARINGS


Item 9 (DOC; 1MB)

Subject: Charter Revocation: Approve Commencement of the Rulemaking Process to Repeal California Code of Regulations, Title 5, Section 11968.5.

Type of Action: Action, Information


PUBLIC HEARING

A Public Hearing on the following agenda item will commence no earlier than 1:30 p.m. on March 12, 2014. The Public Hearing will be held as close to 1:30 p.m. as the business of the State Board permits.

Item 10 (DOC)

Subject: Recommendations Regarding Revocation of Charter Schools Identified Pursuant to California Code of Regulations, Title 5, Section 11968.5.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARING


Item 11 (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

ADJOURNMENT OF DAY’S SESSION


FULL BOARD AGENDA
Public Session

March 13, 2014

Thursday, March 13, 2014 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

AGENDA ITEMS

Item 12 (DOC)

Subject: Alternative High School Equivalency Test Request for Information: List of Respondent-Vendors for Consideration and Approval.

Type of Action: Action, Information


Item 13 (DOC)

Subject: Update on California Assessment of Student Performance and Progress Activities, Including, but not limited to, the Smarter Balanced Digital Library, Spring 2014 Smarter Balanced Field Test, National Center and State Collaborative Activities, and Planning of the Science Assessment Stakeholder Meetings.

Type of Action: Information


Item 14 (DOC)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs, Including but Not Limited to, California’s Notice of Request to Waive Current Academic Assessments and Accountability from States that Participate in Field Testing of New State Assessments During the 2013–14 School Year Under the Elementary and Secondary Education Act Section 9401.

Type of Action: Action, Information


Item 15 (DOC)

Subject: Calculation of the 2014 Growth and Base and 2015 Growth Academic Performance Indexes During the Transition to the California Assessment of Student Performance and Progress.

Type of Action: Action, Information


Item 16 (DOC)

Subject: Elementary and Secondary Education Act: Proposed Amendments to California’s Consolidated State Application Accountability Workbook for 2014.

Type of Action: Action, Information


Item 17 (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 18 (DOC)

Subject: 2015 English Language Arts/English Language Development  Instructional Materials Adoption: Approval of the draft Schedule of Significant Events (Timeline) and the draft Instructional Materials Reviewer and Content Review Expert Online Application.

Type of Action: Action, Information


Item 19 (DOC)

Subject: English Language Development Supplemental Instructional Materials Review: Approval of Recommended Supplemental Instructional Materials.

Type of Action: Action, Information


Item 20 (DOC)

Subject:  GENERAL 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 21 (DOC)

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

Type of Action: Action, Information


Item 22 (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 23 (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 24 (DOC; Corrected 06-Mar-2014)

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

Type of Action: Action, Information


Item 25 (DOC)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Providers, Including Local Educational Agencies Identified for Improvement as Providers Based on a Waiver Granted Under Title I, Part A Section 9401 of the Elementary and Secondary Education Act to the 2014–16 State Board of Education-Approved Supplemental Educational Services Provider List.

Type of Action: Action, Information


Item 26 (DOC; 2MB)

Subject: Elementary and Secondary Education Act: School Improvement Grant: Renewal of Sub-grants Under Section 1003(g) for Year 3 of Cohort 2 Local Educational Agencies and Schools.

Type of Action: Action, Information


Item 27 (DOC)

Subject: California State Plan 1999–2014 for the Workforce Investment Act, Title II: Adult Education and Family Literacy Act: Extension and Updates.

Type of Action:  Action, Information


Item 28 (DOC)

Subject: Update of Special Education Regulations— Adopt Proposed California Code of Regulations, Title 5, Sections 3001-3088.

Type of Action: Action, Information


Item 29 (DOC)

Subject: Civic Center Act: Adopt Proposed Amendments to California Code of Regulations, Title 5, sections 14037-14042.

Type of Action: Action, Information


The Local Control Funding Formula (LCFF) Item 30 will be heard following
Items 1 and 2 on Wednesday, March 12, 2014, commencing at 8:30 a.m.

Item 30 (DOC)

Subject: Local Control Funding Formula, Kindergarten and Grades One through Three Grade Span Adjustment: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 15498, 15498.1, 15498.2, and 15498.3.

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, please submit these and any related materials to our office by 12:00 Noon on Friday, March 7, 2014, the Friday prior to the meeting.

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