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SBE Agenda for July 2014

Agenda for the California State Board of Education (SBE) meeting on July 9-10, 2014.
State Board Members
Secretary & Executive Officer
Executive Director

The Local Control Funding Formula (LCFF Permanent Regulations) Item 11 will be heard
on Thursday, July 10, 2014, commencing at 8:30 a.m.

Spanish translators and headsets will be available for Item 11 regarding the proposed permanent LCFF expenditure regulations and local control and accountability plan template. Members of the public wishing to send written comments are asked to send an electronic copy to SBE@cde.ca.gov with the item number clearly marked in the subject line. To ensure that your 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 Thursday, July 3, 2014. Members of the public wishing to submit materials after July 3 should bring at least 25 copies to the Board meeting.

Sign-up sheets for testimony on Item 11 will be accessible to the public on Wednesday, July 9, 2014 at 8:00 a.m., inside the entrance to the CDE building lobby.

For the LCFF Item 11, individual speakers will be limited to one minute each. A group of five speakers may sign up together and designate one speaker who will be allocated a total of three minutes for the group. A group of ten or more people may sign up together and designate one speaker who will be allocated a total of five minutes for the group.

Schedule of Meeting

Location

Wednesday, July 9, 2014
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
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.

Schedule of Meeting

Location

Thursday,  July 10, 2014
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
Public Session.  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.

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

July 9, 2014

Wednesday, July 9, 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: Action, Information


Item 2 (DOC)

Subject: School Accountability Report Card:  Approve the Template for the 2013–14 School Accountability Report Card.

Type of Action: Action, Information


Item 3 (DOC)

Subject: Update on the National Center and State Collaborative Alternate Assessment, Including, but not Limited to, the Phase I Pilot Administration.

Type of Action: Action, Information


Item 4 (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, Proposed Amendments to California’s Consolidated State Application Accountability Workbook for 2014; and Request to Waive Current Academic Assessments and Accountability from States that Participate in Field Testing of New State Assessments During the 2014–15 School Year Under the Elementary and Secondary Education Act Section 9401.

Type of Action: Action, Information


Item 5 (DOC)

Subject: Amendment to the Educational Testing Service contract to implement the California Assessment of Student Performance and Progress in the 2014–15 school year.

Type of Action: Action, Information


Item 6 (DOC; 3MB)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval and/or Denial of Applicants Based on Appeal of Additional Providers to the 2014–16 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; 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


Public Hearing

A Public Hearing on the following agenda item will commence no earlier than 1:30 p.m. on July 9, 2014. The Public Hearing will be held as close to 1:30 p.m. as the business of the State Board permits.

Item 7 (DOC; Corrected 07-Jul-2014)

Subject: English Language Arts/English Language Development Framework for California Public Schools, 2014 Revision: Public Hearing and Adoption.

Type of Action: Action, Information, Hearing

End of Public Hearing


Item 8 (DOC)

Subject: California Assessment of Student Performance and Progress: Adopt Permanent California Code of Regulations, Title 5, Sections 850 - 868.

Type of Action: Action, Information


Item 9 (DOC)

Subject: California Assessment of Student Performance and Progress (CAASPP): Readoption of the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 850 – 868.

Type of Action: Action, Information


Public Hearing

A Public Hearing on the following agenda item will commence no earlier than 3:30 p.m. on July 9, 2014. The Public Hearing will be held as close to 3:30 p.m. as the business of the State Board permits.

Item 10 (DOC)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Thrive Public School which was denied by the San Diego Unified School District and the San Diego County Office of Education.

Type of Action: Action, Information, Hearing

End of Public Hearing

Adjournment of Day's Session


FULL BOARD AGENDA
Public Session

July 10, 2014

Thursday, July 10, 2014 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814


The Local Control Funding Formula (LCFF Permanent Regulations) Item 11 will be heard
on Thursday, July 10, 2014, commencing at 8:30 a.m.

Spanish translators and headsets will be available for Item 11 regarding the proposed permanent LCFF expenditure regulations and local control and accountability plan template. Members of the public wishing to send written comments are asked to send an electronic copy to SBE@cde.ca.gov with the item number clearly marked in the subject line. To ensure that your 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 Thursday, July 3, 2014. Members of the public wishing to submit materials after July 3 should bring at least 25 copies to the Board meeting.

Sign-up sheets for testimony on Item 11 will be accessible to the public on Wednesday, July 9, 2014 at 8:00 a.m., inside the entrance to the CDE building lobby.

For the LCFF Item 11, individual speakers will be limited to one minute each. A group of five speakers may sign up together and designate one speaker who will be allocated a total of three minutes for the group. A group of ten or more people may sign up together and designate one speaker who will be allocated a total of five minutes for the group.


Agenda Items

Item 11 (DOC)

Subject: Local Control Funding Formula Spending Requirements (LCFF) and Local Control and Accountability Plan (LCAP) – Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 15494–15498.

Type of Action: Action, Information


Item 12 (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.

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

Item W-01 (DOC)

Subject: Request by four school districts 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 (Educational Interpreter for Deaf and Hard of Hearing)

Item W-02 (DOC)

Subject: Request by Shasta 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 Brian Martin and Shannon DeGeorge to continue to provide services to students until June 30, 2015, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-03 (DOC)

Subject: Request by Pacifica School District 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 four students (32 maximum). Michael Bobrowicz is the resource specialist assigned at Vallemar School.

Waiver Number: 9-4-2014

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report (CAHSEE)

Item W-04 (DOC)

Subject: Request by five school districts 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)


Equity Length of Time

Item W-05 (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 district's elementary schools.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Instructional Time Requirement Audit Penalty (Below 1982-83 Base Minimum Minutes)

Item W-06 (DOC)

Subject: Request from El Rancho Unified School District under the authority of California Education Code Section 46206(a) to waive Education Code Section 46201(d), the audit penalty for offering less instructional time in the 2012–2013 fiscal year for students in grades nine through eleven (shortfall of 1,168 minutes per grade) and grade twelve (shortfall of 1,948) at El Rancho High School.

Waiver Number: 42-1-2014

(Recommended for APPROVAL WITH CONDITIONS)


Out-of-State Use of Funds and Transportation Allowances

Item W-07 (DOC)

Subject: Request by two school districts 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 Numbers:

(Recommended for APPROVAL)


Physical Fitness Testing

Item W-08 (DOC)

Subject: Request by Fremont Unified School District to waive portions of the California Education Code Section 60800(a), relating to Physical Fitness Testing, specifically the testing window of February 1 through May 31 for grade nine students.

Waiver Number: 130-2-2014

(Recommended for APPROVAL)


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

Item W-09 (DOC)

Subject: Request by South Whittier Elementary 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 lease of surplus property, the Carmela Elementary School site.

Waiver Number: 3-4-2014

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Lapsation of a Small District)

Item W-10 (DOC)

Subject: Request by Death Valley Unified School District to waive California Education Code Section 35780(a), which requires lapsation of a district with an average daily attendance of less than 11 in the ninth through twelfth grades.

Waiver Number: 25-4-2014

(Recommended for APPROVAL)


Schoolsite Council Statute (Shared, Composition or Shared and Compostion of Members)

Item W-11 (DOC)

Subject: Request by six school districts, 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)


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

Item W-12 (DOC)

Subject: Request by two school 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)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-13 (DOC)

Subject: Request by eight school districts 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-14 (DOC)

Subject: Request by Lodi 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 Number: 20-4-2014

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Teacher Experience Index)

Item W-15 (DOC)

Subject: Request by three school districts 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)


Academic Performance Index (API) Score Waiver (Test Takers Less Than 85 Percent)

Item W-16 (DOC)

Subject: Request by Stockton Unified School District to waive a portion of California Code of Regulations, Title 5, Section 1032(d)(5); the 85 percent requirement of test takers in Life Science to allow Health Careers Academy to be given a valid 2013 Growth Academic Performance Index.

Waiver Number: 6-3-2014

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (One Year Notice to Change SELPA)

Item W-17 (DOC)

Subject: Request by two school districts to waive California Education Code Section 56195.1(a), regarding size and scope requirements of a special education local plan area.

Waiver Numbers:

(Recommended for DENIAL)                


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-18 (DOC)

Subject: Request by Los Nietos 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 Number: 125-2-2014

(Recommended for DENIAL)

End of Waivers


Item 13 (DOC)

Subject: Presentation on Local Implementation Efforts Regarding  the Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve (Mathematics Framework), including Presentations by Representatives of the Anaheim Union High School District, Davis Joint Unified School District, Long Beach Unified School District, and Shasta County Office of Education.

Type of Action: Information


Item 14 (DOC)

Subject: Science Framework for California Public Schools, 2016 Revision: Approval of Curriculum Framework and Evaluation Criteria Committee Guidelines and Appointment of Members to the Curriculum Framework and Evaluation Criteria Committee.

Type of Action: Action, Information


Public Hearing

A Public Hearing on the following agenda item will commence no earlier than 3:30 p.m. on July 10, 2014. The Public Hearing will be held as close to 3:30 p.m. as the business of the State Board permits.

Item 15 (DOC)

Subject: Barack Obama Charter School: Consider a Material Revision of the Charter to Change from Kindergarten Through Grade Six to Kindergarten Through Grade Five.

Type of Action: Action, Information, Hearing

End of Public Hearing


Item 16 (DOC)

Subject: Local Control Funding Formula Spending Requirements (LCFF) and Local Control and Accountability Plan (LCAP) – Readoption of the Finding of Emergency and Proposed Emergency Regulations for Additions to the California Code of Regulations, Title 5, Sections 15494-15497.

Type of Action: Action, Information


Item 17 (DOC)

Subject: Local Control Funding Formula, Kindergarten and Grades One through Three Grade Span Adjustment: Adopt Proposed California Code of Regulations, Title 5, sections 15498, 15498.1, 15498.2, and 15498.3.

Type of Action: Action, Information


Item 18 (DOC)

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

Type of Action: Action, Information


Item 19 (DOC)

Subject: Charter Revocation: Adopt Proposed California Code of Regulations, Title 5, Section 11968.5.

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: Update on California Assessment of Student Performance and Progress Activities, Including, but not limited to, the Spring 2014 Smarter Balanced Field Test including Field Test administration counts, results from mid-testing and post-testing surveys and focus groups.

Type of Action: Information


Item 23 (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

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 July 3, 2014, the Thursday prior to the meeting.

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