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SBE Agenda for September 2014

Agenda for the California State Board of Education (SBE) meeting on September 3-4, 2014.
State Board Members
Secretary & Executive Officer
Executive Director
Schedule of Meeting Location

Wednesday, September 3, 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, September 4, 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.

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.


FULL BOARD AGENDA
Public Session Day 1

Wednesday, September 3, 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: Presentation Regarding Implementation of Common Core State Standards systems by the Californians Dedicated to Education Foundation.

Type of Action: Action, Information


Item 2 (DOC)

Subject: Update on California Assessment of Student Performance and Progress Activities, including Smarter Balanced Field Test Focus Groups, Science Assessment Stakeholder Meetings, and Alternate Assessment Activities including the National Center and State Collaborative Assessment Activities.

Type of Action: Action, Information


Item 3 (DOC)

Subject: Memorandum of Understanding for the Smarter Balanced Assessment Consortium Managed Services Contract to implement the Smarter Balanced Assessment System as Part of the California Assessment of Student Performance and Progress in the 2014–17 school years.

Type of Action: Action, Information


Public Hearing

A Public Hearing on the following agenda item will commence no earlier than 1:00 p.m. on September 3, 2014. The Public Hearing will be held as close to 1:30 p.m. as the business of the State Board permits.

Item 4 (DOC)

Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Opportunities Unlimited Charter High School which was denied by Los Angeles County Office of Education.

Type of Action: Action, Information, Hearing

End of Public Hearing


Item 5 (DOC)

Subject: Class Size Penalties, Approval of State Board of Education Policy Regarding Waivers to Education Code sections 41376 and 41378.

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 five districts 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 Numbers:

(Recommended for APPROVAL)


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

Item W-02 (DOC)

Subject: Request by Gateway Unified School District for a renewal 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 Number: 17-6-2014

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-03 (DOC)

Subject: Request by three local educational agencies, under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100, to waive Education Code Section 56362(c). Approval of this waiver will allow the resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report

Item W-04 (DOC)

Subject: Request by three local educational agencies to waive the State Testing Apportionment Information Report deadline of December 31 in the California Code of Regulations, Title 5, Section 11517.5(b)(1)(A), regarding the California English Language Development Test; or Title 5, Section 1225(b)(2)(A), regarding the California High School Exit Examination; or Title 5, Section 862(c)(2)(A), regarding the Standardized Testing and Reporting Program.

Waiver Numbers:

(Recommended for APPROVAL)


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

Item W-05 (DOC)

Subject: Request by Banta 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. Banta Elementary School District would like to continue to have two full-time administrators with 14 teachers.

Waiver Number: 34-6-2014

(Recommended for APPROVAL)


Charter School Program (Nonclassroom-Based Funding)

Item W-06 (DOC)

Subject: Request by three local educational agencies to waive portions of California Code of Regulations, Title 5, Section 11963.6(c), relating to the submission and action on determination of funding requests regarding nonclassroom-based instruction.

Waiver Numbers:

(Recommended for APPROVAL)


Community Day Schools (Colocate Facilities and Commingle Grade Levels)

Item W-07 (DOC)

Subject: Request by three school districts to waive California Education Code Section 48916.1(d) and portions of California Education Code Section 48660, relating to the allowable grade spans for community day schools.  A fourth request is from a district requesting to waive portions of 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)


Equity Length of Time

Item W-08 (DOC)

Subject: Request by four 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)


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

Item W-09 (DOC)

Subject: Request by Larkspur-Corte Madera 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 of 2000 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 1.5 percent bonded indebtedness limit.

Waiver Number: 25-6-2014

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-10 (DOC)

Subject: Request by ABC Unified School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require (1) a districtwide election to establish a by-trustee-area method of election and (2) a determination by-lot of the unrepresented trustee area to be on the first by-trustee-area governing board election.

Waiver Number: 24-5-2014

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-11 (DOC)

Subject: Request by Moreno Valley Unified 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: 38-6-2014

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-12 (DOC)

Subject: Request by 12 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)


Supplemental Educational Services Providers (July 1 Timeline)

Item W-13 (DOC)

Subject: Request by five local educational agencies to waive California Code of Regulations, Title 5, Section 13075.2(c)(1), for Supplemental Educational Services, the effective date of any ensuing approval to be July 1 of the next state fiscal year following the State Board of Education approval.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Algebra I Requirement for Graduation)

Item W-14 (DOC)

Subject: Request by two local educational agencies 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 two special education students based on Education Code Section 56101, the special education waiver authority.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Sufficiency of Instructional Materials – Education Code 60119 (County Level Approval)

Item W-15 (DOC)

Subject: Request by Los Angeles County Office of Education under the authority of California Education Code Section 41344.3 for a retroactive waiver of the audit penalty for the 2012–13 fiscal year of Education Code Section 60119, regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for all students at all grade levels and subjects.

Waiver Number: 15-5-2014

(Recommended for APPROVAL)


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

Item W-16 (DOC)

Subject: Request by five 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-17 (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 APPROVAL WITH CONDITIONS)

End of Waivers


Item 6 (DOC)

Subject: Update of the History–Social Science Framework for California Public Schools: Revised Timeline and Guidelines.

Type of Action: Action, Information


Item 7 (DOC)

Subject: STATE BOARD PROJECTS AND PRIORITIES. Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; Bylaw review and revision; Board policy; approval of minutes; Board liaison reports; training of Board members; and other matters of interest.

Type of Action: Action, Information


Item 8 (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 Federal Targeted Monitoring Review.

Type of Action: Action, Information


Item 9 (DOC)

Subject: Update on the State Implementation Plan for California Next Generation Science Standards for Public Schools, Kindergarten through Grade Twelve.

Type of Action: Action, Information


Item 10 (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 11 (DOC)

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

Type of Action: Action, Information


Item 12 (DOC)

Subject: Elementary and Secondary Education Act: Approve Amendments to California’s Consolidated State Application Accountability Workbook related to the Title III Accountability System.

Type of Action: Action, Information


Item 13 (DOC)

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

Type of Action: Action, Information


Item 14 (DOC)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional Providers to the 2014–16 State Board of Education-Approved Supplemental Educational Services Provider List.

Type of Action: Action, Information


Item 15 (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 16 (DOC; 2MB)

Subject: Approval of 2014–15 Consolidated Applications.

Type of Action: Action, Information

Adjournment of Day's Session


FULL BOARD AGENDA
Public Session Day 2

Thursday, September 4, 2014 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

Agenda Items

Item 17 (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 18 (DOC)

Subject: Local Control Funding Formula Spending Requirements (LCFF) and Local Control and Accountability Plan (LCAP) – Approve Commencement of a Second 15‑Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 15494-15497.

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 August 29, 2014, the Friday prior to the meeting.

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