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SBE Agenda for March 2015

Agenda for the California State Board of Education (SBE) meeting on March 11-12, 2015.
State Board Members
  • Michael W. Kirst, President
  • Ilene W. Straus, Vice President
  • Sue Burr
  • Bruce Holaday
  • Aida Molina
  • Patricia A. Rucker
  • Niki Sandoval
  • Trish Williams
  • Kenton Shimozaki, Student Member
  • Vacancy
  • Vacancy
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters

Schedule of Meeting

Location

Wednesday, March 11, 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.

Schedule of Meeting

Location

Thursday, March 12, 2015
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

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,  CA Ct. of Appeal, 2nd Dist., Case No. B260075
  • Emma C., et al. v. Delaine Eastin, et al., USDC (No.Dist.CA), Case No. C-96-4179
  • 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
  • Options for Youth, Burbank, Inc., San Gabriel, Inc. Upland, Inc. and Victor Valley, Notice of Appeal Before the Education Audit Appeals Panel, EAAP Case Nos. 06-18, 06-19- 07-07, 07-08 OAH Nos. L2006100966, L2006110025, L20070706022, L2007060728, Los Angeles County Superior Court, Case No. BC 347454
  • 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, CA Ct. of Appeal 2nd Dist., Case No. B253282, B253310

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.

  • Today’s Fresh Start

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 Day 1

Wednesday, March 11, 2015

Wednesday, March 11, 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 DAY 1

Corrected Item 01 (DOC; Corrected 04-Mar-2015) Links in Attachments 1 and 2 were updated.

Item 01 (DOC)

Subject: Indicator 17 of the State Performance Plan and Annual Performance Report for Special Education: State Systemic Improvement Plan for Program Year 2013–2014.

Type of Action: Action, Information


Item 02 (DOC)

Subject: Special Education Task Force: Final Report and Recommendations.

Type of Action: Action, Information


Item 03 (DOC)

Subject: California Assessment of Student Performance and Progress: Update on Program Activities, including, but not limited to, Approval of Individual Student Reports, California Alternate Assessment Field Test, Development of the New Primary Language Development Test, Smarter Balanced Assessments, and Digital Library Resources.

Type of Action: Action, Information

  • Item 03 Attachment 1 (PDF; Posted 05-Mar-2015)
    An accessible version of this attachment will be available after the March 2015 Board Meeting and will be posted on the CAASPP Web site [http://www.cde.ca.gov/ta/tg/ca/]. If you have any questions or concerns please call the CAASPP Office at 916-445-8765, or email the CAASPP Office at caaspp@cde.ca.gov.

Item 04 (DOC)

Subject: California Assessment of Student Performance and Progress: Designation of the California Assessment of Student Performance and Progress Contractor.

Type of Action: Action, Information


Item 05 (DOC)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act (ESEA) and Other Federal Programs, Including but Not Limited to, Reauthorization of ESEA, California’s 2014 Individuals with Disabilities Education Act Compliance Determination Appeal (IDEA), and Action in Response to a United States Department of Education (ED) Accountability System letter to Title I Directors.

Type of Action: Action, Information


Item 06 (DOC)

Subject: Developing a New Accountability System:  Report and Recommendations from the Public Schools Accountability Act (PSAA) Advisory Committee for Using Multiple Measures and Suspending the Academic Performance Index for the 2014-15 School Year; and Update on the Transition to a New Accountability System, including the Development of the Local Control Funding Formula Evaluation Rubrics, and Timeline for Public Stakeholder Input and Outreach on Accountability System Planning.

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 three 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:

  • Chawanakee Unified School District Fed-14-2014
  • Fall River Joint Unified School District Fed-13-2014
  • Los Molinos Unified School District Fed-1-2015

(Recommended for APPROVAL)


Independent Study Program (Pupil Teacher Ratio)

Item W-02 (DOC)

Subject: Request by Middletown Unified School District 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 waiver is related to the charter school independent study pupil-to-teacher ratio to allow an increase from 25:1 to 27.5:1.

Waiver Number: 9-10-2014

(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 four schools from the Open Enrollment List of “low-achieving schools” for the 2015–16 school year.

Waiver Numbers:

  • Atwater Elementary School District 20-11-2014
  • Conejo Valley Unified School District 13-12-2014
  • Covina-Valley Unified School District 10-12-2014
  • Savanna Elementary School District 8-12-2014

(Recommended for APPROVAL WITH CONDITIONS)


Open Enrollment (Removal From the List of LEAs)

Item W-04 (DOC)

Subject: Request by Conejo 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 Conejo Elementary School from the Open Enrollment List of “low-achieving schools” for the 2015–16 school year.

Waiver Number: 12-12-2014

(Recommended for DENIAL)


Open Enrollment (Removal From the List of LEAs)

Item W-05 (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 2015–16 school year.

Waiver Number: 9-12-2014

(Recommended for DENIAL)


Open Enrollment (Removal From the List of LEAs)

Item W-06 (DOC)

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

Waiver Number: 26-10-2014

(Recommended for DENIAL)


Open Enrollment (Removal From the List of LEAs)

Item W-07 (DOC)

Subject: Request by Jamestown Elementary School District for a renewal to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Jamestown Elementary School from the Open Enrollment List of “low-achieving schools” for the 2015–16 school year.

Waiver Number: 14-11-2014

(Recommended for DENIAL)


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

Item W-08 (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:

  • Anderson Union High School District 16-11-2014
  • Paradise Unified School District 19-11-2014
  • Shasta County Office of Education Excel Academy 18-11-2014
  • Tehama County Office of Education 1-12-2014

(Recommended for APPROVAL WITH CONDITIONS)


Charter School Program (Nonclassroom-Based Funding)

Item W-09 (DOC)

Subject: Request by the Placer County Office of Education 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 Number: 16-12-2014

(Recommended for APPROVAL)


Physical Fitness Testing (Physical Fitness Testing)

Item W-10 (DOC)

Subject: Request by Folsom-Cordova 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: 3-12-2014

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-11 (DOC)

Subject: Request by Humboldt County Board of Education on behalf of Redwoods Community College District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to reduce the number of trustees.

Waiver Number: 14-12-2014

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-12 (DOC)

Subject: Request by Sylvan Union Elementary 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: 11-12-2014

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-13 (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 of members.

Waiver Numbers: 

  • Happy Camp Union Elementary School District 15-11-2014
  • Happy Valley Union Elementary School District 27-10-2014
  • Jamestown Elementary School District 25-10-2014
  • Kernville Union Elementary School District 2-12-2014
  • Little Shasta Elementary School District 9-11-2014
  • Maricopa Unified School District 12-11-2014
  • Mendota Unified School District 24-10-2014
  • Monrovia Unified School District 13-11-2014
  • Mountain Empire Unified School District 4-12-2014
  • Mountain Empire Unified School District 5-12-2014
  • Peninsula Union School District 6-12-2014
  • Siskiyou County Office of Education 23-11-2014

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-14 (DOC)

Subject: Request by Capistrano Unified 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: 114-2-2014

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-15 (DOC)

Subject: Request by Huntington Beach City Elementary School District for a renewal 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: 36-4-2014

(Recommended for APPROVAL WITH CONDITIONS)


Other Waivers (Employment - Retirement System)

Item W-16 (DOC)

Subject: Request by Los Angeles Unified School District to waive California Education Code Section 45134(c), to allow the employment of a State Teachers' Retirement System retiree as a staff assistant to a Board Member.

Waiver Number: 15-12-2014

(Recommended for APPROVAL)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-17 (DOC)

Subject: Request by Jurupa 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: 

  • 10-10-2014
  • 11-10-2014

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-18 (DOC)

Subject: Request by Washington Unified School District to waive California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2014–15 school year at Elkhorn Village Elementary School.

Waiver Number: 7-12-2014

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (API Growth Target)

Item W-19 (DOC)

Subject: Request by Los Angeles Unified School District to waive portions of California Education Code Section 52055.760(c)(3) and 52055.740(c), regarding alternative program and Academic Performance Index requirements under the Quality Education Investment Act, that this funded school, shall meet their annual Academic Performance Index growth targets.

Waiver Number: 8-1-2015

(Recommended for APPROVAL)


Quality Education Investment Act (Rule of 27)

Item W-20 (DOC)

Subject: Request by Los Angeles Unified School District to waive California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2013–14 school year at Joseph Le Conte Middle School.

Waiver Number: 9-1-2015

(Recommended for DENIAL)


Teacher Evaluation and Assessment (Evaluate Every Three Years Instead of Two)

Item W-21 (DOC)

Subject: Request by Sacramento City Unified School District to waive Education Code Section 44664(a)(2) and (3), regarding the evaluation and assessment of the performance of each certificated employee.

Waiver Number: 21-11-2014

(Recommended for DENIAL)


QUALITY EDUCATION INVESTMENT ACT (Class Size Reduction Requirements)

Item W-22 (DOC)

Subject: Request by Los Angeles Unified School District to waive California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2014–15 school year at Western Avenue Elementary School.

Waiver Number: 10-1-2015

(Recommended for DENIAL)

END OF PUBLIC WAIVERS


Item 07 (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 2015–17 State Board of Education-Approved Supplemental Educational Services Provider List.

Type of Action: Action, Information


Item 08 (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 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 09 (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 DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 2

Thursday, March 12, 2015

Thursday, March 12, 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 DAY 2

PUBLIC HEARINGS

Public Hearings on the following two agenda items will commence no earlier than 8:30 a.m on Thursday, March 12, 2015. The Public Hearings will be held as close to 8:30 a.m. as the business of the State Board permits.

Item 10 (DOC)

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

Type of Action: Action, Information, Hearing


Item 11 (DOC)

Subject: San Francisco Flex Academy: Hold a Public Hearing to Consider a Petition to Renew the Charter Currently Authorized by the State Board of Education.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARINGS


Item 12 (DOC)

Subject: Consideration of Retroactive Requests for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances 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 13 (DOC)

Subject: Consideration of Retroactive 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 14 (DOC)

Subject: Appeal from the action of the San Mateo County Committee on School District Organization to approve a transfer of territory from the South San Francisco Unified School District to the San Bruno Park Elementary School District and the San Mateo Union High School District.

Type of Action: Action, Information


Item 15 (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 16 (DOC)

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

Type of Action: Action, Information


Item 17 (DOC)

Subject: Approval of 2014–15 Consolidated Applications.

Type of Action: Action, Information


Item 18 (DOC; 2MB)

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

Type of Action: Action, Information


Item 19 (DOC; 1MB)

Subject: Procedures for Reviewing Proposed Revisions to Adopted Instructional MaterialsApprove Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Section 9526.

Type of Action: Action, Information


Item 20 (DOC)

Subject: 2015 English Language Arts/English Language Development Primary Adoption of Instructional Materials: Approval of Revised Schedule of Significant Events and Approval of Facilitators Who are not Members of the Instructional Quality Commission.

Type of Action: Action, Information


Item 21 (DOC)

Subject: After School Program Attendance Adjustments for Programs Temporarily Closed due to Natural Disasters.

Type of Action: Action, Information


Item 22 (DOC)

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

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 March 6, 2015, the Friday prior to the meeting.

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