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SBE Agenda for May 2015

Agenda for the California State Board of Education (SBE) meeting on May 6-7, 2015.
State Board Members
  • Michael W. Kirst, President
  • Ilene W. Straus, Vice President
  • Sue Burr
  • Bruce Holaday
  • Aida Molina
  • Feliza I.Ortiz-Licon
  • Patricia A. Rucker
  • Niki Sandoval
  • Ting L. Sun
  • Trish Williams
  • Kenton Shimozaki, Student Member
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters

Schedule of Meeting

Location

Wednesday, May 6, 2015
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
Public Session.  The Closed Session will take place at approximately 8:30a.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 8:30 a.m.; (2) may begin at or before 8:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30 a.m.

Schedule of Meeting

Location

Thursday, May 7, 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
  • Today’s Fresh Start v. State Board of Education, Sacramento County Superior Court, Case No. 34-2015-80002066
  • 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.

  • Pearson v. California Department of Education and the State Board of Education

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, May 6, 2015

Wednesday, May 6, 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: Approval of the Proposed Contract with the Educational Testing Service for the Administration of the California Assessment of Student Performance and Progress.

Type of Action: Action, Information


Item 02 (DOC)

Subject: California Assessment of Student Performance and Progress: Update on Program Activities, including, but not limited to, Smarter Balanced Assessments (Summative, Interim, and Digital Library Resources), California Alternate Assessment Field Test, Development of the New Primary Language Development Test, and California Next Generation Science Standards for Public Schools.

Type of Action: Action, Information


Item 03 (DOC)

Subject: Approve Changes to the State of California Consolidated State Application Workbook related to the Title III Accountability System in order to Comply with the Federal Title III Accountability Requirements.

Type of Action: Action, Information


PUBLIC HEARINGS

Public Hearings on the following five agenda items will commence no earlier than 1:00 p.m. on Wednesday, May 6, 2015. The Public Hearings will be held as close to 1:00 p.m. as the business of the State Board permits.

Item 04 (DOC)

Subject: Wisdom Academy for Young Scientists: Take Action to Uphold Los Angeles County Office of Education Revocation of Wisdom Academy for Young Scientists Charter Pursuant to California Education Code Section 47607(f)(4).

Type of Action: Action, Information, Hearing


Item 05 (DOC)

Subject: Thrive Public Schools: Consider a Material Revision of the Charter to Change from Kindergarten and Grade Six to Kindergarten through Grade Eight.

Type of Action: Action, Information, Hearing


Item 06 (DOC)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Baypoint Preparatory Academy which was denied by the Hemet Unified School District and the Riverside County Board of Education.

Type of Action: Action, Information, Hearing


Item 07 (DOC)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Paramount Collegiate Academy which was denied by the San Juan Unified School District and the Sacramento County Office of Education.

Type of Action: Action, Information, Hearing


Item 08 (DOC)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Wei Yu International Charter School which was denied by the Moreland School District and the Santa Clara County Office of Education.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARINGS

ADJOURNMENT OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session

Thursday, May 7, 2015

Thursday, May 7, 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 9 (DOC)

Subject: Elementary and Secondary Education Act: Approve Amendment to California’s Consolidated State Application Accountability Workbook Related to the Title I Accountability System.

Type of Action: Action, Information


Item 10 (DOC)

Subject: Developing a New Accountability System: Discussion on System Coherence to Support Continuous Improvement in California’s New Accountability System; Update on the Local Control Funding Formula including Evaluation Rubrics as specified in California Education Code Section 52064.5.

Type of Action: Action, Information


Item 11 (DOC; 1MB)

Subject: California State Plan for the Workforce Investment Act, Title II: Adult Education and Family Literacy Act: Extension and Transition to Workforce Innovation and Opportunity Act, 2015–16.

Type of Action: Action, Information


Item 12 (DOC)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval and/or Denials of Applicants Based on Appeal for the 2015–17 State Board of Education Approved Supplemental Educational Services Provider List.

Type of Action: Action, Information


Item 13 (DOC; 3MB)

Subject: Elementary and Secondary Education Act, Section 9401 Waiver Request for Supplemental Educational Services.

Type of Action: Action, Information


Item 14

Subject: California Educator Equity Plan: Proposed Response to the U.S. Department of Education Request for a New Plan.

Type of Action: Action, Information

[Note: The preceding Item 14 has been removed from the agenda on May 1, 2015 by the California Department of Education.]


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.

Charter School Program (Nonclassroom-Based Funding)

Item W-01 (DOC)

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

Waiver Numbers:

  • Glenn County Office of Education 21-1-2015
  • Kings Canyon Joint Unified School District 8-2-2015
  • New Jerusalem Elementary School District 2-2-2015
  • Ravendale-Termo Elementary School District 18-2-2015

(Recommended for APPROVAL)


Independent Study Program (Pupil Teacher Ratio)

Item W-02 (DOC)

Subject: Request by Alpaugh Unified School District for a renewal 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), related to charter school independent study pupil-to-teacher ratio to allow an increase from 25:1 to a 27.5:1 pupil-to-teacher ratio at Central California Connections Academy Charter School.

Waiver Number: 12-1-2015

(Recommended for APPROVAL WITH CONDITIONS)


Open Enrollment (Removal From the List of LEAs)

Item W-03 (DOC)

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

Waiver Numbers:

  • Fremont Unified School District 7-2-2015
  • Redlands Unified School District 15-1-2015
  • Redlands Unified School District 16-1-2015

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-04 (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:

  • Chula Vista Elementary School District 6-1-2015
  • Kings County Office of Education 23-1-2015
  • Madera County Office of Education 18-12-2014
  • National Elementary School District 17-12-2014

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report

Item W-05 (DOC)

Subject: Request by ten 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:

  • Chowchilla Union High School District 1-1-2015
  • Guerneville Elementary School District 3-2-2015
  • Lake Elsinore Unified School District 22-1-2015
  • Mariposa County Office of Education 19-1-2015
  • Mariposa County Unified School District 18-1-2015
  • Newman-Crows Landing Unified School District 11-1-2015
  • Poway Unified School District 4-2-2015
  • Rowland Unified School District 19-2-2015
  • San Marcos Unified School District 12-2-2015
  • Vallecitos Elementary School District 26-1-2015

(Recommended for APPROVAL)


Community Day Schools (CDS) (Commingle Grade Levels)

Item W-06 (DOC)

Subject: Request by Novato Unified School District for a waiver of California Education Code Section 48916(d) and portions of Section 48660, to permit a community day school to serve students in grade six with students in grades seven through ten.

Waiver Number: 7-1-2015

(Recommended for APPROVAL WITH CONDITIONS)


Equity Length of Time

Item W-07 (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:

  • Lafayette Elementary School District 6-2-2015
  • Milpitas Unified School District 2-3-2015

(Recommended for APPROVAL WITH CONDITIONS)


Physical Fitness Testing

Item W-08 (DOC)

Subject: Request by Napa Valley Unified School District 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 the 2014–15 and 2015–16 school years.

Waiver Number: 10-2-2015

(Recommended for APPROVAL)


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

Item W-09 (DOC)

Subject: Request by two districts 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.

Waiver Numbers:

  • El Monte City School District 25-1-2015
  • Greenfield Union Elementary School District 16-2-2015

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-10 (DOC)

Subject: Request by seven 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:

  • Banning Unified School District 30-2-2015
  • Chatom Union School District 1-2-2015
  • Garden Grove Unified School District 13-1-2015
  • Keyes Union School District 13-2-2015
  • Perris Elementary School District 5-3-2015
  • Pomona Unified School District 25-2-2015
  • William S. Hart Union High School District 7-3-2015

(Recommended for APPROVAL)


School District Reorganization (Lapsation of a Small District)

Item W-11 (DOC)

Subject: Request by Maple Creek Elementary School District to waive California Education Code Section 35780(a), which requires lapsation of a district with an average daily attendance of less than six.

Waiver Number: 10-3-2015

(Recommended for APPROVAL)


Schoolsite Council Statute (Shared and Composition of Members)

Item W-12 (DOC)

Subject: Request by seven 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:

  • Alview-Dairyland Union Elementary School District 20-2-2015
  • Big Lagoon Union Elementary School District 14-2-2015
  • Carpinteria Unified School District 3-1-2015
  • Carpinteria Unified School District 4-1-2015
  • Carpinteria Unified School District 5-1-2015
  • Columbia Elementary School District 17-2-2015
  • Hanford Elementary School District 27-1-2015
  • Mt. Shasta Union Elementary School District 24-1-2015
  • Stanislaus County Office of Education 14-1-2015

(Recommended for APPROVAL WITH CONDITIONS)


State Meal Mandate (Summer School Session)

Item W-13 (DOC)

Subject: Request by four 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:

  • Eastern Sierra Unified School District 9-2-2015
  • Liberty Elementary School District 15-2-2015
  • Sierra-Plumas Joint Unified School District 5-2-2015
  • Wiseburn Elementary School District 11-3-2015

(Recommended for APPROVAL)


SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)

Item W-14 (DOC)

Subject: Request by Bayshore Elementary School District to waive California Education Code sections 17472, 17473, and 17474 and portions of 17455, 17466, 17468, 17469, 17470, and 17475, which will allow the district to sell one piece of property using a broker and a “request for proposal” process, maximizing the proceeds from the sale. The district property for which the waiver is requested is located at 1 Martin Street, Daly City, CA, Robertson Intermediate School site.

Waiver Number: 24-2-2015

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 15 (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 16 (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 17 (DOC)

Subject: Approval of 2014–15 Consolidated Applications.

Type of Action: Action, Information


Item 18 (DOC)

Subject: Update on the Revision of the History–Social Science Framework for California Public Schools: Progress of Development and Revised Timeline.

Type of Action: Action, Information


Item 19 (DOC)

Subject: The Superintendent’s Quality Professional Learning Standards; professional learning standards based upon recommendations in Greatness by Design, the Educator Excellence Task Force report sponsored by the California Department of Education and the Commission on Teacher Credentialing.

Type of Action: Action, Information


Item 20 (DOC)

Subject: Reconsideration of a Request for Determination of Funding as Required for a Nonclassroom-based Charter School 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 21 (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 22 (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


Item 23 (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 24 (DOC)

Subject: Revise the Charter Term for OnePurpose School from January 16, 2015, through June 30, 2019, to July 1, 2015, through June 30, 2020.

Type of Action: Action, Information


Item 25 (DOC)

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

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 May 1, 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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