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SBE Agenda for November 2016

Agenda for the California State Board of Education (SBE) meeting on November 2-3, 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

Wednesday, November 2, 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, November 3, 2016
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
The Closed Session will take place at approximately 8:30 a.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 8:30 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

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, November 2, 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

PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items Wednesday and Thursday.

For items 3 and 4 only, 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: 2017-2018 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor for Consideration and Appointment.

Type of Action: Action, Information


Item 02 (DOC)

Subject: Reports from the 2016 Student Advisory Board on Education.

Type of Action: Information


Item 03 (DOC)

Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Approval of the Performance Standards for the Academic Indicator; Review of Recommendations on the Process for Local Educational Agencies to Evaluate and Report Progress on Local Performance Indicators; Update on How the Evaluation Rubrics Apply to Charter Schools; and Update on Continuing Developmental Work on the Evaluation Rubrics.

Type of Action: Action, Information


Item 04 (DOC)

Subject: The Local Control and Accountability Plan Template, California Code of Regulations, Title 5, Section 15497.5 – Adoption of the proposed Revised Local Control and Accountability Plan Template, pursuant to Education Code Section 52064(e).

Type of Action: Action, Information


Item 05 (DOC; 1MB)

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

Type of Action: Action, Information


Item 06 (DOC)

Subject: California Assessment of Student Performance and Progress: Determination of the Release of Up to 10 Percent Withheld for the 2015–16 Educational Testing Service Contract.

Type of Action: Action, Information


Item 07 (DOC)

Subject: English Language Proficiency Assessments for California: Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 11518 through 11519.5.

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

ADJOURNMENT OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 2

Thursday, November 3, 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

PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items Wednesday and Thursday.

PUBLIC HEARING

The Public Hearing will commence no earlier than 8:45 a.m. on Thursday, November 3, 2016. The Public Hearing listed below will be held as close to 8:45 a.m. as the business of the State Board permits.

Item 09 (DOC)

Subject: Science Framework for California Public Schools: Kindergarten Through Grade Twelve, 2016 Revision: Public Hearing and Adoption.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARING


Item 10 (DOC)

Subject: State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 covering program year 2015−16.

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 they may 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; however, any board member may remove a waiver from proposed consent and the item may be heard individually. Public testimony may be provided regarding any waiver 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 Middletown Unified School District 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 Number: Fed-19-2016

(Recommended for APPROVAL)


SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)

Item W-02 (DOC)

Subject: Request by Corcoran Joint Unified School District to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Regina Lanteigne to continue to provide services to students until June 30, 2017, under a remediation plan to complete those minimum requirements.

Waiver Number: 12-8-2016

(Recommended for APPROVAL WITH CONDITIONS)


CHARTER SCHOOL PROGRAM (Advanced Apportionment)

Item W-03 (DOC)

Subject: Request by Los Angeles Unified School District for a waiver of portions of California Education Code Section 47652(b), in order to allow the City High School, charter #1710, to receive a full advanced apportionment for students from the former The City School, charter #1410, now merged with the City High School.

Waiver Number: 13-8-2016

(Recommended for APPROVAL)


CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding)

Item W-04 (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:

  • Acton-Agua Dulce Unified School District 12-7-2016
  • Lakeside Union Elementary School District 8-7-2016
  • Vista Unified School District 7-8-2016

(Recommended for APPROVAL)


EQUITY LENGTH OF TIME

Item W-05 (DOC)

Subject: Request by seven 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:

  • Clovis Unified School District 5-8-2016
  • Dixie Elementary School District 3-8-2016
  • Lakeport Unified School District 13-7-2016
  • Los Molinos Unified School District 2-7-2016
  • Marysville Joint Unified School District 9-8-2016
  • Ross Valley Elementary School District 5-7-2016
  • San Rafael City Elementary School District 11-7-2016

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-06 (DOC)

Subject: Request by two school districts to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Numbers:

  • Simi Valley Unified School District 4-8-2016
  • William S. Hart Union High School District 15-8-2016

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified after 2000)

Item W-07 (DOC)

Subject: Request by Pixley Union Elementary School District to waive California Education Code Section 15268, to allow the district to exceed its bond indebtedness limit of 1.25 percent of the taxable assessed value of property (requesting 1.40 percent).

Waiver Number: 1-9-2016

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)

Item W-08 (DOC)

Subject: Request by four 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:

  • Claremont Unified School District 10-8-2016
  • Claremont Unified School District 11-8-2016
  • Happy Valley Union Elementary School District 14-8-2016
  • Modoc Joint Unified School District 4-7-2016
  • Sweetwater Union High School District 1-7-2016

(Recommended for APPROVAL WITH CONDITIONS)


Item W-09 -- WITHDRAWN by the Tehachapi Unified School District on October 24, 2016

<begin delete> EQUITY LENGTH OF TIME

Item W-09

Subject: Request by Tehachapi Unified School District to waive California Education Code Section 37202(a), the equity length of time requirement for transitional kindergarten and kindergarten programs at district's elementary schools.

Waiver Number: 8-8-2016

(Recommended for APPROVAL WITH CONDITIONS) <end delete>


SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)

Item W-10 (DOC)

Subject: Request by Plumas Unified School District to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Stephanie Metzger to continue to provide services to students until June 30, 2017, under a remediation plan to complete those minimum requirements.

Waiver Number: 10-7-2016

(Recommended for DENIAL)

END OF WAIVERS


Item 11 (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 12 (DOC)

Subject: Elementary and Secondary Education Act Section 1003(g), School Improvement Grant: Approval of Cohort 4 Funding for Local Educational Agencies and Schools for the Fiscal Years 2014, 2015, and 2016.

Type of Action: Action, Information


Item 13 (DOC)

Subject: Approval of 2016–17 Consolidated Applications.

Type of Action: Action, Information


Item 14 (DOC)

Subject: History–Social Science Instructional Materials Adoption–Adopt Proposed California Code of Regulations, Title 5, Section 9517.3.

Type of Action: Action, Information


Item 15 (DOC)

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

Type of Action: Action, Information


Item 16 (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 17 (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


PUBLIC HEARINGS

The Public Hearings will commence no earlier than 10:30 a.m. on Thursday, November 3, 2016. The first Public Hearing listed below will be held as close to 10:30 a.m. as the business of the State Board permits.

Item 18 (DOC)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Celerity Himalia Charter 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 19 (DOC)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Celerity Rolas Charter 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 20 (DOC)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Winton Charter High School, which was denied by the Merced Union High School District and the Merced County Board of Education.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARINGS


Item 21 (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 October 28, 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: Wednesday, November 2, 2016
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