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SBE Agenda for May 2014

Agenda for the California State Board of Education (SBE) meeting on May 7-8, 2014.
State Board Members
Secretary & Executive Officer
Executive Director
Schedule of Meeting Location

Wednesday, May 7, 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

As stated above, the meeting will be held at the California Department of Education, 1430 N Street, Room 1101, Sacramento, CA 95814. However, pursuant to Government Code Section 11123, one member will attend via teleconference and will be participating from 835 Lathrop Drive, Stanford, California 94305. Members of the public can appear at the teleconference location.  Agendas will be posted at the teleconference location and the meeting at that location will be conducted in a manner that protects the rights of any party or member of the public appearing before the State Board of Education.

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 8, 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

As stated above, the meeting will be held at the California Department of Education, 1430 N Street, Room 1101, Sacramento, California  95814.  However, pursuant to Government Code Section 11123, one member will attend via teleconference and will be participating from 835 Lathrop Drive, Stanford, California 94305. Members of the public can appear at the teleconference location.  Agendas will be posted at the teleconference location and the meeting will be conducted at that location in a manner that protects the rights of any party or member of the public appearing before the State Board of Education.

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

May 7, 2014

Wednesday, May 7, 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: 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:  English Language Arts/English Language Development Framework for California Public Schools: Kindergarten Through Grade Twelve, 2014 Revision: Update on the Revision of the Framework.

Type of Action: Information


Item 3 (DOC)

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

Type of Action: Information


Item 4 (DOC)

Subject: California Assessment of Student Performance and Progress: Approve Commencement of a 15-Day Public Comment Period for Amendments to the California Code of Regulations, Title 5, Sections 850 – 868.

Type of Action: Action, Information


Item 5 (DOC)

Subject: First draft reading of the State Implementation Plan for California Next Generation Science Standards for Public Schools, Grades Kindergarten through Grade Twelve as required in EC Section 60605.85 (b).

Type of Action: Information


Item 6 (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 1:00 p.m. on May 7, 2014. The Public Hearings will be held as close to 1:00p.m. as the business of the State Board permits.

Item 7 (DOC)

Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Anahuacalmecac International University Preparatory High School which was denied by the Los Angeles Unified School District and the Los Angeles County Office of Education.

Type of Action: Action, Information, Hearing


Item 8 (DOC)

Subject: Lifeline Education Charter School: Consider a Material Revision of the Charter to Change from Grades Six Through Twelve to Kindergarten Through Grade Twelve.

Type of Action: Action, Information, Hearing


Item 9 (DOC; Corrected 30-Apr-2014)

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Magnolia Science Academy—Santa Ana, which was denied by the Santa Ana Unified School District and the Orange County Office of Education.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARINGS

ADJOURNMENT OF DAY'S SESSION


FULL BOARD AGENDA
Public Session

May 8, 2014

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

AGENDA ITEMS

Item 10 (DOC; 5MB)

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

Type of Action: Action, Information


Item 11 (DOC; 1MB)

Subject: Local Control Funding Formula: Recommendation of the California Collaborative for Educational Excellence Fiscal Agent.

Type of Action: Action, Information


Item 12 (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, the School Improvement Grant Cohort 3 Fiscal Year 2013 Grant Award Notification.

Type of Action: Action, Information


Item 13 (DOC)

Subject: Elementary and Secondary Education Act: School Improvement Grant: Approval of Funding for Local Educational Agencies and Schools for the Fiscal Year 2013 School Improvement Grant Sub-Grants Under Section 1003(g) of the Elementary and Secondary Education Act.

Type of Action: Action, Information


Item 14 (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


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.

Federal Program Waiver (Carl D. Perkins Career and Technical Education Improvement Act)

Item W-01 (DOC)

Subject: Request by Butte Valley Unified School District for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Waiver Number:

(Recommended for APPROVAL)


Independent Study Program (Pupil Teacher Ratio)

Item W-02 (DOC)

Subject: Request by one district and one county office of education for renewals 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). The district renewal is related to charter school independent study pupil-to-teacher ratio to allow an increase from 25:1 to a 27.5:1. The county office requests continuing an increase of independent study pupil-to-teacher ratio of 35:1.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Open Enrollment (Removal From the List of LEAs)

Item W-03 (DOC)

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

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-04 (DOC)

Subject: Request by ten 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)


Special Education Program (Resource Teacher Caseload)

Item W-05 (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 California Education Code Section 56362(c). Approval of this waiver will allow the District’s resource specialist(s) to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Number:

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report

Item W-06 (DOC)

Subject: Request by five 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)


Out-of-State Use of Funds and Transportation Allowances

Item W-07 (DOC)

Subject: Request by Butteville Union Elementary School District to waive a portion of California Education Code Section 35330(b)(3) to authorize expenditure of school district funds for students to travel to Oregon to attend economically prudent curricular and extracurricular trips/events and competitions.

Waiver Number:

(Recommended for APPROVAL) EC 33051(b) will apply


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

Item W-08 (DOC)

Subject: Request by three school districts to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


School Construction Bonds (Bond Indebtedness Limit - Non-Unified after 2000)

Item W-09 (DOC)

Subject: Request by Dehesa Elementary School District to waive California Education Code sections 15102 and 15268 related to bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for elementary and high school districts. Proposition 39 bonds limit the tax rate levy authorized in each election to $30 per $100,000 of assessed value for elementary and high school districts. The district is requesting 1.58 percent bonded indebtedness limit.

Waiver Number:

(Recommended for APPROVAL WITH CONDITIONS)


School Construction Bonds (Citizens Oversight Committee - Term Limits)

Item W-10 (DOC)

Subject: Request by two school districts to waive California Education Code Section 15282(a), relating to term limits for members of a Citizens’ Oversight Committee for all construction bonds in the district.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Election Requirements and Speed Transfer Process)

Item W-11 (DOC)

Subject: Request by Riverside County Office of Education to waive portions of California Education Code Section 4009, that require the term of each member of the county committee shall be for four years.

Waiver Number:

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-12 (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 districtwide election to establish a by-trustee-area method of election.

Waiver Numbers:

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-13 (DOC)

Subject: Request by San Diego 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:

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-14 (DOC)

Subject: Request by two school districts to waive California Education Code Section 35103 that requires the election for the initial governing board of a newly formed school district to be held in March.

Waiver Numbers:

(Recommended for APPROVAL)


School District Reorganization (Size of Governing Board)

Item W-15 (DOC)

Subject: Request by Humboldt County Office of Education to waive California Education Code Section1004 that requires an election to reduce the number of governing board members from seven to five.

Waiver Number:

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-16 (DOC)

Subject: Request by 10 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)


State Meal Mandate (Summer School Session)

Item W-17 (DOC)

Subject: Request by six 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)


Teacher Evaluation and Assessment (Probationary Status)

Item W-18 (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:

(Recommended for DENIAL)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-19 (DOC)

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

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-20 (DOC)

Subject: Request by nine 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-21 (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 (Teacher Experience Index)

Item W-22 (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:

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-23 (DOC; Revised 30-Apr-2014)

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)


Special Education Program (Algebra l Requirement for Graduation)

Item W-24 (DOC)

Subject: Request by Willits Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2013–14 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:

(Recommended for APPROVAL WITH CONDITIONS)


EQUITY LENGTH OF TIME

Item W-25 (DOC)

Subject: Request by two school districts to waive California Education Code Section 37202, the equity length of time requirement for transitional kindergarten and kindergarten programs at the district’s elementary schools.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 15 (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 16 (DOC)

Subject: English Language Arts/English Language Development Instructional Materials Adoption–Adopt Proposed California Code of Regulations, Title 5, Section 9517.3.

Type of Action: Action, Information


Item 17 (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 18 (DOC)

Subject: Reconsideration of Requests for 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 11963.6(g), and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 19 (DOC)

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

Type of Action: Action, Information


Item 20 (DOC)

Subject: Approval of 2013–14 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)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional 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

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, May 2, 2014, the Friday prior to the meeting.

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