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SBE Agenda for September 2016

Agenda for the California State Board of Education (SBE) meeting on September 8-9, 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
  • Olivia Sison, Student Member
  • Vacancy
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters
Schedule of Meeting Location

Thursday, September 8, 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

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

Friday, September 9, 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

The Closed Session (1) may commence earlier than 8:30 a.m.; (2) may begin at 8:30 a.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 and related complaint from the U.S. Department of Justice
  • 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
  • Peoples v. State of California, State Board of Education, Los Angeles County Superior Court, Case No. BC618619
  • 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
  • Valenzuela v. Tom Torlakson, the California Department of Education, the State Board of Education, Alameda County Superior Court, Case No. RG16805941
  • 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
  • Whitlow et al. v. State of California, Department of Education, the State Board of Education, Tom Torlakson, California Department of Public Health, Dr. Karen Smith, Director of Department of Public Health, Santa Barbara County Department of Public Health, United States District Court Southern District of California, Case No. 3:16-cv-01715-DMS-BGS

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

Thursday, September 8, 2016

Thursday, September 8, 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 FOR DAY 1

PLEASE NOTE: For the Local Control Funding Formula/Accountability item (Item 01) and Update on the State Plan for the Every Student Succeeds Act (Item 02), individual speakers will be limited to one minute each. A group of five speakers may sign up together and designate one speaker who will be allocated a total of three minutes for the group.

Item 01 (DOC)

Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Adoption of the Local Control Funding Formula Evaluation Rubrics; and Update on Local Control and Accountability Plan and Annual Update Template Revisions and Progress on the Every Student Succeeds Act State Plan.

Type of Action: Action, Information


Item 02 (DOC)

Subject: Update on the Development of the California State Plan for the Every Student Succeeds Act.

Type of Action: Action, Information


Item 03 (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

Friday, September 9, 2016

Friday, September 9, 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 FOR DAY 2

Item 04 (DOC)

Subject: California Assessment of Student Performance and Progress: Approve the State Superintendent of Public Instruction Recommended Achievement Standard Setting for the California Alternate Assessment English Language Arts and Mathematics Levels 1, 2, and 3; Approve the Proposed High-Level Test Design for the California Spanish Assessment; and Provide an Update on Program Activities Related to the California Assessment of Student Performance and Progress System.

Type of Action: Action, Information


Item 05 (DOC; 2MB)

Subject: Approval of 2016–17 Consolidated Applications.

Type of Action: Action, Information


Item 06 (DOC)

Subject: California High School Proficiency Examination: Adopt the Regulations for Amendments to the California Code of Regulations, Title 5, Sections 11520 Through 11525.

Type of Action: Action, Information


Item 07 (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 08 (DOC)

Subject: Elementary and Secondary Education Act: No Child Left Behind: Assignment of Corrective Action, Additional Fiscal Resources, and Associated Technical Assistance for Yosemite Unified School District, a Local Educational Agency in Cohort 9 of Program Improvement Year 3.

Type of Action: Action, Information


Item 09 (DOC)

Subject: Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve, 2019 Revision: Approval of the Schedule of Significant Events and the Curriculum Framework and Evaluation Criteria Committee Application Form.

Type of Action: Action, Information


Item 10 (DOC)

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

Type of Action: Action, Information


Item 11 (DOC)

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

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 Vocational and Technical Education Improvement Act)

Item W-01 (DOC)

Subject: Request by four 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:

  • Colusa Unified School District Fed-15-2016
  • Glenn County Office of Education Fed-16-2016
  • Los Angeles Unified School District Fed-18-2016
  • Scott Valley Unified School District Fed-17-2016

(Recommended for APPROVAL)


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

Item W-02 (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 four hours each for attendance for an extended school year (summer school) for special education students.

Waiver Numbers:

  • Mariposa County Office of Education 4-6-2016
  • Meadows Union Elementary School District 4-5-2016
  • Shasta Union High School District 5-6-2016

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-03 (DOC)

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

Waiver Number: 16-3-2016

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-04 (DOC)

Subject: Requests by Poway Unified School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100, to waive Education Code Section 56362(c). Approval of these waivers will allow the resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Numbers:

  • 9-6-2016
  • 10-6-2016

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-05 (DOC)

Subject: Requests by Union Elementary School District, under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100, to waive Education Code Section 56362(c). Approval of these waivers will allow the resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Numbers:

  • 8-5-2016
  • 9-5-2016

(Recommended for APPROVAL WITH CONDITIONS)


Administrator/Teacher Ratio (Administrator/Teacher Ratio)

Item W-06 (DOC)

Subject: Request by Mt. Baldy Joint Elementary School District to waive California Education Code Section 41402(a), the requirement which sets the ratio of administrators to teachers for elementary schools at nine for every 100 teachers.

Waiver Number: 24-6-2016

(Recommended for APPROVAL)


Charter School Program (Nonclassroom-Based Funding)

Revised Item W-07 (DOC; Posted 06-Sep-2016)
Attachments 1 and 3 were updated by CDE to reflect the original waiver submission by Penn Valley Union Elementary School District.

Item W-07 (DOC)

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

Waiver Numbers:

  • Bass Lake Joint Union Elementary School District 25-3-2016
  • Penn Valley Union Elementary School District 7-5-2016
  • Turlock Unified School District 20-6-2016

(Recommended for APPROVAL)


Community Day Schools (CDS) (Collocate Facilities)

Item W-08 (DOC)

Subject: Request by Perris Union High School District to waive portions of California Education Code Section 48661(a) to permit the collocation of Academy Community Day School on the same site as the Perris Educational Options Program, an alternative school of choice.

Waiver Number: 1-6-2016

(Recommended for APPROVAL WITH CONDITIONS)


Equity Length of Time

Item W-09 (DOC)

Subject: Request by three 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:

  • Alameda Unified School District 29-6-2016
  • Douglas City Elementary School District 12-5-2016
  • Fairfield-Suisun Unified School District 3-6-2016

(Recommended for APPROVAL WITH CONDITIONS)


Instructional Time Requirement Audit Penalty (Below 1982-83 Base Minimum Minutes)

Item W-10 (DOC)

Subject: Request by Gilroy Unified School District under the authority of the California Education Code Section 46206(a), to waive Education Code Section 46201(b), the audit penalty for offering less instructional time in the 2015–16 fiscal year for students in grades four and five (shortfall of 695 minutes) at Rucker Elementary School.

Waiver Number: 23-6-2016

(Recommended for APPROVAL WITH CONDITIONS)


Out-of-State Use of Funds and Transportation Allowances

Item W-11 (DOC)

Subject: Request by two school districts to waive a portion of California Education Code Section 35330(b)(3), to authorize expenditures of school district funds for students to travel out-of-state.

Waiver Numbers:

  • Fairfield-Suisun Unified School District 15-5-2016
  • Siskiyou Union High School District 32-6-2016 (EC 33051(b) will apply)

(Recommended for APPROVAL)


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

Item W-12 (DOC)

Subject: Request by Hacienda la Puente Unified School District for a renewal of four waivers to waive California Education Code sections 17472, 17473, and 17474, and portions of sections 17455, 17466, 17468, 17469, 17470, and 17475, which will allow the district to sell four pieces of property using a broker and a “request for proposal” process, maximizing the proceeds from the sales. The properties are located at 16949 Wedgeworth Drive, Hacienda Heights, CA, 15405 La Subida Drive, Hacienda Heights, CA, 16234 Folger Street, Hacienda Heights, CA, and 14162 East Lomitas Avenue, Avocado Heights, CA.

Waiver Numbers:

  • 12-6-2016
  • 13-6-2016
  • 14-6-2016
  • 15-6-2016

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-13 (DOC)

Subject: Request by Coachella Valley Unified School District to waive California Education Code sections 15106 and 15270(a) to allow the district to exceed its bond indebtedness limit of 2.5 percent of the taxable assessed value of property (requesting 3.25 percent).

Waiver Number: 17-6-2016

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Timeline Requirements)

Item W-14 (DOC)

Subject: Request by Monterey County Office of Education for a renewal waiver of portions of California Education Code Section 35706, regarding the 120-day timeline between the first public hearing and action on a petition by the County Committee on School District Organization.

Waiver Number: 6-7-2016

(Recommended for APPROVAL)


Schoolsite Council Statute

Item W-15 (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 members.

Waiver Numbers:

  • Briggs Elementary School District 11-6-2016
  • Davis Joint Unified School District 6-6-2016
  • Davis Joint Unified School District 7-6-2016
  • Davis Joint Unified School District 8-6-2016
  • Dunsmuir Joint Union High School District 5-5-2016
  • Elkins Elementary School District 14-5-2016
  • Hanford Joint Union High School District 34-6-2016
  • Los Angeles Unified School District 18-6-2016
  • Los Angeles Unified School District 19-6-2016
  • Modoc Joint Unified School District 25-6-2016
  • Southern Trinity Joint Unified School District 1-5-2016

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Algebra I Requirement for Graduation)

Item W-16 (DOC)

Subject: Request by California Education Authority Headquarters to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2015-16 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for a special education student based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 27-6-2016

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report

Item W-17 (DOC)

Subject: Request by six local educational agencies to waive the State Testing Apportionment Information Report deadline as stipulated 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)(3)(A), regarding the California High School Exit Examination; or Title 5, Section 862(b)(2)(A) prior to February 2014, regarding the Standardized Testing and Reporting Program; or Title 5, Section 862(b)(2)(A), regarding the California Assessment of Student Performance and Progress System.

Waiver Numbers:

  • Camino Union Elementary School District 21-6-2016
  • Camino Union Elementary School District 22-6-2016
  • Irvine Unified School District 11-5-2016
  • Long Beach Unified School District 2-5-2016
  • Oakley Union Elementary School District 13-5-2016
  • Pioneer Union Elementary School District 2-6-2016
  • Pomona Unified School District 16-6-2016

(Recommended for APPROVAL)

END OF WAIVERS


PUBLIC HEARINGS

The Public Hearings will commence no earlier than 9:00 a.m. on Friday, September 9, 2016. The first Public Hearing listed below will be held as close to 9:00 a.m. as the business of the State Board permits.

For Items 12 and 13, after the 10 minute presentations provided by both the official proponents and opponents, members of the public may provide comments. Speakers will be limited to one minute each.

Item 12 (DOC; 2MB)

Subject: Appeal from an action of the Santa Clara County Committee on School District Organization to disapprove a transfer of territory from the Santa Clara USD to the Cupertino Union School District and the Fremont Union High School District.

Type of Action: Action, Information, Hearing


Item 13 (DOC)

Subject: International Studies Language Academy: Consider a Material Revision of the Charter to Change from Opening in 2016–17 to 2017–18.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARINGS


Item 14 (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 September 2, 2016, the Friday prior to the meeting. If you do not meet the deadline, please provide 25 copies to distribute at the meeting.

Questions: State Board of Education | 916-319-0827 
Last Reviewed: Tuesday, September 20, 2016
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