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SBE Agenda for January 2015

Agenda for the California State Board of Education (SBE) meeting on January 14, 2015.
State Board Members
  • Michael W. Kirst, President
  • Ilene W. Straus, Vice President
  • Sue Burr
  • Carl Cohn
  • Bruce Holaday
  • Aida Molina
  • Patricia A. Rucker
  • Niki Sandoval
  • Trish Williams
  • Kenton Shimozaki, Student Member
  • Vacancy
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters

Schedule of Meeting

Location

Wednesday, January 14, 2015
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

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

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:

  • California School Boards Association, et al. v. California State Board of Education and Aspire Public Schools, Inc., Alameda County Superior Court, Case No. 07353566, CA Ct. of Appeal, 1st Dist., Case No. A122485, CA Supreme Court, Case No. S186129
  • Cruz et al. v. State of California, State Board of Education, State Department of Education, Tom Torlakson et al., Alameda County Superior Court, Case No. RG14727139
  • D.J. et al. v. State of California, California Department of Education, Tom Torlakson, the State Board of Education, Los Angeles Superior Court, Case No. BS142775. 
  • Emma C., et al. v. Delaine Eastin, et al., USDC (No.Dist.CA), Case No. C-96-4179
  • EMS-BP, LLC, Options for Youth Burbank, Inc., et al. v. California Department of Education, et al., Sacramento County Superior Court, Case No. 03CS01078 and 03CS01079 and related appeal
  • Graham et al. v the State Board of Education, the California Department of Education, Jack O’Connell, Fred Balcom, Tom Torlakson, Los Angeles County Superior Court, Case No. BC482694, 2nd Dist., Case No. B245288
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C054077 MMC
  • Nevada City School District and the Board of Trustees of the Nevada City School District v. California Department of Education, State Superintendent of Instruction Tom Torlakson, State Board of Education, Nevada County Superior Court, Case No. CU14-080329
  • Opportunity for Learning – PB, LLC; Opportunities Learning – C, LLC, and Opportunities for Learning WSH, LLC, Notice of Appeal Before the Audit Appeals Panel
  • Options for Youth, Burbank, Inc., San Gabriel, Inc. Upland, Inc. and Victor Valley, Notice of Appeal Before the Education Audit Appeals Panel, OAH Case No. 2006100966 ; Los Angeles County Superior Court, Case No. BS 148496
  • Reed v. State of California, Los Angeles Unified School District, State Superintendent of Public Instruction, Jack O’Connell, California Department of Education, and State Board of Education, et al.,
    Los Angeles County Superior Court, Case No. BC432420, CA Ct. of Appeal, 2nd Dist., Case No. B230817,
    CA Supreme Ct., Case No. 5191256
  • Vergara et al. v. State of California, Governor Edmund G. Brown, Tom Torlakson, the California Department of Education, the State Board of Education, Los Angeles County Superior Court, Case No. BC484642

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.

CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session

Wednesday, January 14, 2015

Wednesday, January 14, 2015 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

  • Call to Order
  • Salute to the Flag
  • Communications
  • Announcements
  • Report of the State Superintendent of Public Instruction
  • Special Presentations
    Public notice is hereby given that special presentations for informational purposes may take place during this session.
  • Agenda Items
  • Adjournment

AGENDA ITEMS

Item 01 (DOC)

Subject: California Assessment of Student Performance and Progress: Update on Program Activities, including National Center and State Collaborative Phase II Pilot; Alternate Field Test; Technology Update; Smarter Balanced Updates on the Digital Library of Formative Assessment Resources, Interim Assessments, Achievement Level Setting, and Reporting for 2014–15 California Assessment of Student Performance and Progress Results.

Type of Action: Action, Information


Item 02 (DOC)

Subject: Elementary and Secondary Education Act: Proposed Amendments to the Accountability Workbook for 2015.

Type of Action: Action, Information 


Item 03 (DOC; 2MB)

Subject: Update on Developing a New Accountability System Using Multiple Measures consistent with Education Code Sections 52052 through 52052.9.

Type of Action: Action, Information 


Item 04 (DOC)

Subject: Local Control Funding Formula Update: LEA Implementation; Identification of Resources to Support Local Planning; Development of the Evaluation Rubrics, including Implications for the Statewide Accountability System.

Type of Action: Action, Information 


Item 05 (DOC)

Subject: Report to the State Legislature: Status of Implementation of the Local Control Funding Formula as Required by Senate Bill 859 (Chapter 33, Statutes of 2014)

Type of Action: Action, Information 

  • Item 05 Attachment 1 (PDF)
  • Updated Item 05 Attachment 1 (PDF; Posted 23-Jan-2015)
    This report was updated to include the Web address for downloading the report and the contact information for ordering a hard copy of the report from the California State Board of Education.

Item 06 (DOC)

Subject: 2015 United States Senate Youth Program Presentation.

Type of Action: Information 


PUBLIC HEARING

A Public Hearing on the following agenda item will commence no earlier than 1:00 p.m. on Wednesday, January 14, 2015. The Public Hearing will be held as close to 1:00 p.m. as the business of the State Board permits.

Item 07 (DOC)

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

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARING


Item 08 (DOC)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Removal of Providers from the 2012–14, 2013–15, and/or 2014–16 Approval Lists for Failure to Meet the Participation, Growth Criteria, or Submit a Complete 2013–14 Supplemental Educational Services Accountability Report.

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 of 2006)

Item W-01 (DOC)

Subject: Request by two school 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:

  • Durham Unified School District Fed-12-2014
  • Lucerne Valley Unified School District Fed-11-2014

(Recommended for APPROVAL)


Physical Education Program (Block Schedules)

Item W-02 (DOC)

Subject: Request by River Delta Joint 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 10 school days for students in grades nine through twelve in order to implement a block schedule at Rio Vista High School.

Waiver Number: 5-8-2014

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Educational Interpreter for pupils who are Deaf or Hard of Hearing)

Item W-03 (DOC)

Subject: Request by three local educational agencies to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for pupils who are Deaf or Hard of Hearing meet minimum qualifications as of July 1, 2009, to allow three educational interpreters to continue to provide services to students until June 30, 2015, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • Hanford Elementary School District 15-9-2014
  • San Luis Obispo County Office of Education 5-10-2014
  • Sutter County Office of Education 7-9-2014

(Recommended for APPROVAL WITH CONDITIONS)


Community Day Schools (CDS) (Minimum School Day)

Item W-04 (DOC)

Subject: Request by Folsom-Cordova Unified School District for a first time waiver, and Red Bluff Joint Union High School District for a renewal waiver, of portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.

Waiver Numbers:

  • Folsom-Cordova Unified School District 11-9-2014
  • Red Bluff Joint Union High School District 8-9-2014

(Recommended for APPROVAL WITH CONDITIONS)


Charter School Program (Nonclassroom-Based Funding)

Item W-05 (DOC)

Subject: Request by five 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:

  • Armona Union Elementary School District 14-10-2014
  • Jefferson Elementary School District 15-10-2014
  • West Covina Unified School District 23-10-2014
  • Yosemite Unified School District 16-9-2014
  • Yosemite Unified School District 17-9-2014

(Recommended for APPROVAL)


Equity Length of Time (Transitional Kindergarten)

Item W-06 (DOC)

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

Waiver Numbers: 

  • Mendocino Unified School District 10-9-2014
  • Santa Ana Unified School District 11-8-2014

(Recommended for APPROVAL WITH CONDITIONS)


Other Waivers (Employment - Retirement System)

Item W-07 (DOC)

Subject: Request by Sanger Unified School District for a renewal to waive California Education Code Section 45134(c), to allow the employment of a State Teachers’ Retirement System retiree as a classified school bus driver.

Waiver Number: 18-10-2014

(Recommended for APPROVAL)


Physical Fitness Testing (Body Composition Assessment)

Item W-08 (DOC)

Subject: Request by three school districts to waive portions of the California Education Code Section 60800(a), relating to Physical Fitness Testing, specifically to suspend body composition assessment for fifth and seventh grade students participating in a statewide school-based fitness study during 2014–15 and 2015–16 school years.

Waiver Numbers:

  • Alhambra Unified School District 11-11-2014
  • Moreno Valley Unified School District 10-11-2014
  • Visalia Unified School District 12-10-2014

(Recommended for APPROVAL)


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

Item W-09 (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:

  • Hacienda-la Puente Unified School District 5-11-2014 
  • Hacienda-la Puente Unified School District 6-11-2014
  • Hacienda-la Puente Unified School District 7-11-2014
  • Hacienda-la Puente Unified School District 8-11-2014
  • Palm Springs Unified School District 1-11-2014
  • Palm Springs Unified School District 2-11-2014
  • Palm Springs Unified School District 3-11-2014
  • Palm Springs Unified School District 4-11-2014
  • San Lorenzo Unified School District 3-9-2014
  • San Lorenzo Unified School District 4-9-2014

(Recommended for APPROVAL WITH CONDITIONS)
Note: W-09 was updated on December 30 to correctly reflect the recommendation for action as “APPROVAL WITH CONDITIONS.”


School District Reorganization (Election of Governing Board)

Item W-10 (DOC)

Subject: Request by three 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:

  • Lancaster Elementary School District 21-10-2014
  • Sulphur Springs Union Elementary School District 20-10-2014
  • Tulelake Basin Joint Unified School District 9-9-2014

(Recommended for APPROVAL)


School District Reorganization (Lapsation of a Small District)

Item W-11 (DOC)

Subject: Request by two school districts to waive portions of California Education Code sections 35780 and 35782, which require lapsation of a district with an average daily attendance of less than six.

Waiver Numbers:

  • Citrus South Tule Elementary School District 22-10-2014
  • Porterville Unified School District 7-10-2014

(Recommended for APPROVAL)


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

Item W-12 (DOC)

Subject: Request by eight 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 of members.

Waiver Numbers:

  • Castle Rock Union Elementary School District 6-9-2014
  • Chawanakee Unified School District 17-10-2014
  • Cuyama Joint Unified School District 16-10-2014
  • Elkins Elementary School District 14-9-2014
  • Nevada County Office of Education 6-10-2014
  • Paso Robles Joint Unified School District 13-10-2014
  • River Delta Joint Unified School District 8-10-2014
  • Southern Trinity Joint Unified School District 12-9-2014

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Algebra I Requirement for Graduation)

Item W-13 (DOC)

Subject: Request by North Santa Cruz County Special Education Local Plan Area to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2014–15 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(s) based on Education Code Section 56101, the special education waiver authority.

Waiver Number:  2-9-2014

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Child Specific/ NPA or NPS Certification)

Item W-14 (DOC)

Subject: Request by Capistrano Unified School District to waive California Education Code Section 56366.1(a), the requirement for state certification to allow an uncertified out-of-state nonpublic school, Perkins School for the Blind located in Watertown, Massachusetts, to provide services to one special education student.

Waiver Number: 3-10-2014

(Recommended for APPROVAL)


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

Item W-15 (DOC)

Subject: Request by South Whittier Elementary School District 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: 19-10-2014

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 09 (DOC)

Subject: Revision to California State Board of Education Policy document Guidelines for Piloting Textbooks and Instructional Materials.

Type of Action: Action, Information 


Item 10 (DOC)

Subject: Presentation on My Digital Chalkboard.

Type of Action: Information


Item 11 (DOC)

Subject: Update on the Expansion of Career Pathways in California’s High Schools.

Type of 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


Item 13 (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 14 (DOC)

Subject: California Assessment of Student Performance and Progress: Approval of 2015 Local Educational Agency Apportionment Amounts.

Type of Action: Action, Information 


Item 15 (DOC)

Subject: Approval of 2014–15 Consolidated Applications.

Type of Action: Action, Information 


Item 16 (DOC)

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

Type of Action: Action, Information


Item 17 (DOC; 4MB)

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 2012 School Improvement Grant Application to Extend the Period of Availability of Those Funds Until September 30, 2016; Approval of the Application and Criteria for Cohort 2 Local Educational Agencies to Extend the Use of Fiscal Year 2012 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 18 (DOC)

Subject: 2015 English Language Arts/English Language Development Adoption of Instructional Materials: Appointment of Reviewers, Approval of Reviewer Training Materials, and Approval of Revised Program 5 Criteria Map and Content Standards Map.

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: Consideration of a Retroactive Request for Determination of Funding as Required for A Nonclassroom-based Charter School 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 21 (DOC)

Subject: Appoint Richard Zeiger as the Chief Deputy Superintendent of Public Instruction in accordance with Article IX, Section 2.1, of the Constitution of the State of California.

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/ag/index.asp]. 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 January 9, 2015, the Friday prior to the meeting.

Questions: State Board of Education | 916-319-0827 
Last Reviewed: Wednesday, March 30, 2016