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SBE Agenda for January 2016

Agenda for the California State Board of Education (SBE) meeting on January 13-14, 2016.
State Board Members
  • Michael W. Kirst, President
  • Ilene W. Straus, Vice President
  • Sue Burr
  • Bruce Holaday
  • Feliza I. Ortiz-Licon
  • Patricia A. Rucker
  • Niki Sandoval
  • Ting L. Sun
  • Trish Williams
  • Michael S. McFarland, Student Member
  • Vacancy
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters
Schedule of Meeting Location

Wednesday, January 13, 2016
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.

Schedule of Meeting Location

Thursday, January 14, 2016
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION

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

The Closed Session (1) may commence earlier than 8:30 a.m.; (2) may begin at 8:30a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30 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,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
  • 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.

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, January 13, 2016 – 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

Item 01 (DOC)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act, including reauthorization known as the Every Student Succeeds Act and the implications for state accountability and state plans, and proposed waiver submissions related to Adequate Yearly Progress and Supplemental Educational Services.

Type of Action: Action, Information


Updated Version of Item 02 (DOC; Posted 08-Jan-2016)
This version updates the reference to Science assessments in Attachment 1 on pages 2 and 3, located in the table entitled Comparison of Select Accountability Components from the Every Student Succeeds Act and the Local Control Funding Formula, within the column entitled ESSA.

Item 02 (DOC)

Subject: Developing a New Accountability System: Update on the Local Control Funding Formula Evaluation Rubrics, including, but not limited to, a discussion on standards and expectations for improvement as specified in California Education Code Section 52064.5 and Implications for State and Federal Accountability.

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, Smarter Balanced Assessments (Summative, Interim, and Digital Library Resources), Technology, Summative Assessment in Primary Languages Other than English, California Alternate Assessment, California Next Generation Science Standards Assessments, and Outreach Activities.

Type of Action: Action, Information


Item 04 (DOC)

Subject: California Assessment of Student Performance and Progress: Approve the Student Score Report for 2015–16 and Beyond.

Type of Action: Action, Information


Item 05 (DOC)

Subject: California Assessment of Student Performance and Progress: Framework for the Development of the State Superintendent of Public Instruction’s Recommendation for the Expansion of the California Assessment of Student Performance and Progress System.

Type of Action: Information


Item 06 (DOC)

Subject: Golden State Seal Merit Diploma: Approve Changes to Eligibility Criteria.

Type of Action: Action, Information


Item 07 (DOC)

Subject: California Assessment of Student Performance and Progress: Approve General Performance Level Descriptors for the California Alternate Assessment.

Type of Action: Action, Information


Item 08 (DOC)

Subject: English Language Proficiency Assessments for California: Approve General Performance Level Descriptors.

Type of Action: Action, Information


Item 09 -- WITHDRAWN by the California Department of Education on January 7, 2016

Subject: County-District-School Code Regulations: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 5 through 5.6.

Type of Action: Action, Information


PUBLIC HEARING

A Public Hearing will commence no earlier than 3:30 p.m. on Wednesday, January 13, 2016. 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: Synergy Education Project: Consider Issuing a Notice of Intent to Revoke Pursuant to California Education Code Section 47607(e).

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARING


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.

Equity Length of Time (Equity Length of Time)

Item W-01 (DOC)

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

Waiver Numbers:

  • Dunham Elementary School District 3-9-2015
  • Glenn County Office of Education 25-10-2015
  • John Swett Unified School District 18-10-2015
  • Lennox School District 19-8-2015
  • Modoc Joint Unified School District 21-10-2015

(Recommended for APPROVAL WITH CONDITIONS)


Employment - Retirement System

Item W-02 (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: 19-10-2015

(Recommended for APPROVAL)


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

Item W-03 (DOC)

Subject: Request by Santa Monica-Malibu Unified School District to waive portions of California Education Code Section 17517, relating to the term of a joint occupancy lease entered into by a school district.

Waiver Number: 8-9-2015

(Recommended for APPROVAL)


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

Item W-04 (DOC)

Subject: Request by Lake Elsinore Unified School District to waive California Education Code sections 17473 and 17474, and portions of 17455, 17466, 17468, 17470, 17472,  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 21440 Lemon Street, Wildomar, CA.

Waiver Number: 1-11-2015

(Recommended for APPROVAL WITH CONDITIONS)


School Construction Bonds (Bond Indebtedness Limit - Unified S.D.)

Updated Version of Item W-05 (DOC; Posted 11-Jan-2016)
This updated version reflects a correction located on Attachment 1, Page 1 of 1. The California Department of Education is changing the recommendation from 2.84 percent in debt limit to 2.85 percent to recognize the unintended reduction in rounding.

Item W-05 (DOC)

Subject: Request by Kings Canyon Joint Unified School District to waive California Education Code Section 15270(a), to allow the district to exceed its bond indebtedness limit of 2.5 percent of the taxable assessed value of the property. (Requesting 2.85 percent)

Waiver Number: 16-10-2015

(Recommended for APPROVAL WITH CONDITIONS)


School Construction Bonds (Citizens Oversight Comittee - Term Limits)

Item W-06 (DOC)

Subject: Request by Banning Unified School District to waive portions of California Education Code Section 15282, relating to term limits for members of a Citizens’ Oversight Committee for all construction bonds in the district.

Waiver Number: 2-10-2015

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-07 (DOC)

Subject: Request by two 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:

  • Morgan Hill Unified School District 6-9-2015
  • Saugus Union School District 1-10-2015

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-08 (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:

  • Contra Costa County Office of Education 1-9-2015
  • Glenn County Office of Education 5-9-2015
  • Hilmar Unified School District 14-10-2015
  • Hornbrook Elementary School District 15-10-2015
  • Lewiston Elementary School District 5-10-2015
  • Los Angeles County Office of Education 4-9-2015
  • Madera County Office of Education 12-10-2015
  • Placer County Office of Education 13-10-2015
  • San Mateo County Office of Education 10-10-2015
  • Shasta County Office of Education 9-9-2015
  • Tahoe-Truckee Unified School District 2-9-2015
  • Waugh Elementary School District 17-10-2015

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-09 (DOC)

Subject: Request by three 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:

  • Butte County Office of Education 7-10-2015
  • Chula Vista Elementary School District 7-9-2015
  • Visalia Unified School District 11-10-2015

(Recommended for APPROVAL WITH CONDITIONS)


Charter School Program (Nonclassroom-Based Funding)

Item W-10 (DOC)

Subject: Request by two 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:

  • El Centro Elementary School District 8-10-2015
  • Vallecitos Elementary School District 9-10-2015

(Recommended for APPROVAL)


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

Item W-11 (DOC)

Subject: Request by Hesperia 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: 12-7-2015

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Updated Version 2 of Item 11 (DOC; Posted 07-Jan-2016)
This version updates the action items listed under the section entitled Summary of Issues. The date of the Preliminary Report of Actions / Minutes to be approved was corrected to November 4-5, 2015, and the reference to a report from the SBE Screening Committee Report was removed.

Updated Version of Item 11 (DOC; Posted 04-Jan-2016)
This updated version includes two additional action items regarding the SBE Officer Elections for President and Vice President, and SBE Screening Committee recommendations regarding appointments to the IQC, the CNAC, and the ACCS.

Item 11 (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

ADJOURNMENT OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 2

Thursday, January 14, 2016 – 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

Item 12 (DOC)

Subject: Approval of the DRAFT “California’s Strategic Workforce Development Plan: Skills Attainment for Upward Mobility; Aligned Services for Shared Prosperity: California’s Workforce Development Plan Under the Workforce Innovation and Opportunity Act (WIOA) for Program Years 2016–2020.”

Type of Action: Action, Information


Item 13 (DOC)

Subject: Approval of the Career Technical Education Incentive Grant: Grantee List.

Type of Action: Action, Information


Item 14 (DOC)

Subject: Elementary and Secondary Education Act: No Child Left Behind: Supplemental Educational Services Providers: Removal of Providers from the 2013–15, 2014–16, and/or 2015–17 Approval Lists for Failure to Meet the Participation, Growth Criteria, Failure to Submit a Complete 2014–15 Supplemental Educational Services Accountability Report or Failure to Meet Regulatory Requirements.

Type of Action: Action, Information


Item 15 (DOC)

Subject: Elementary and Secondary Education Act: No Child Left Behind: Assignment of Corrective Action, Additional Fiscal Resources, and Associated Technical Assistance for the 14 Local Educational Agencies in Cohort 9 of Program Improvement Year 3 and Submission of Annual Evidence of Progress for Local Educational Agencies in Cohorts 1–9 of Program Improvement Year 3.

Type of Action: Action, Information


Item 16 (DOC)

Subject: 2016 United States Senate Youth Program Presentation.

Type of Action: Action, Information


PUBLIC HEARINGS

Three Public Hearings will commence no earlier than 11:30 a.m. on Thursday, January 14, 2016. The Public Hearings will be held as close to 11:30 a.m. as the business of the State Board permits.

Item 17 (DOC)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Prepa Tec Los Angeles High School which was denied by the Los Angeles Unified School District and the Los Angeles County Board of Education.

Type of Action: Action, Information, Hearing


Item 18 (DOC)

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Ross Valley Charter which was denied by the Ross Valley School District and the Marin County Board of Education.

Type of Action: Action, Information, Hearing


Item 19 (DOC)

Subject: Synergy Education Project: Hold a Public Hearing and Consider Revocation Pursuant to California Education Code Section 47607(e).

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARINGS


Item 20 (DOC)

Subject: Approval of 2015–16 Consolidated Applications.

Type of Action: Action, Information


Item 21 (DOC)

Subject: Elementary and Secondary Education Act: No Child Left Behind: Approval of Local Educational Agency Plans, Title I, Section 1112.

Type of Action: Action, Information


Item 22 (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 23 (DOC)

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

Type of Action: Action, Information


Item 24 (DOC)

Subject: California Assessment of Student Performance and Progress: Approve the 2016 Local Educational Agency Apportionment Rates.

Type of Action: Action, Information


Item 25 (DOC)

Subject: State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 covering program year 2014−15.

Type of Action: Action, Information


Item 26 (DOC; 2MB)

Subject: Procedures for Reviewing Proposed Revisions to Adopted Instructional Materials Approve Commencement of a Second 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Section 9526.

Type of Action: Action, Information


Item 27 (DOC)

Subject: Recommendation to Approve Revisions to the Draft Augmentation Document and Approve a New Title: Integrating English Language Development Standards into K‒12 Mathematics and Science Teaching and Learning: A Supplementary Resource for Educators.

Type of Action: Action, Information


Item 28 (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 January 8, 2016, the Friday prior to the meeting.

Questions: State Board of Education | 916-319-0827 
Last Reviewed: Tuesday, January 12, 2016
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