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SBE Agenda for January 2017

Agenda for the California State Board of Education (SBE) meeting on January 11-12, 2017.
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, January 11, 2017
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

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 12, 2017
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
  • Torrey-Love v. State of California, the Department of Education, the State Board of Education, Department of Public Health, Dr. Karen Smith, Director of the Department of Public Health, Governor Edmund G. Brown, United States District Court, Central District of California, Eastern Division, Case No. 5:16-cv-02410-DMG-DTB
  • 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, January 11, 2017
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 Item 02 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: 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 02 (DOC; Updated 30-Dec-2016)

Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Approval of the Performance Standards and Growth Model Selection Criteria for the Academic Indicator; Recommendations on the Self-Reflective Tools for the Local Performance Indicators; Update on Continuing Developmental Work on the Evaluation Rubrics; and Update on the California Collaborative for Educational Excellence Activities.

Type of Action: Action, Information


Item 03 (DOC)

Subject: Progress Report on Implementation of State Academic Standards

Type of Action: Information


Item 04 (DOC)

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

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.

COMMUNITY DAY SCHOOLS (Minimum School Day)

Item W-01 (DOC)

Subject: Request by Earlimart Elementary School District to waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.

Waiver Number: 6-10-2016

(Recommended for APPROVAL WITH CONDITIONS)


Equity Length of Time

Item W-02 (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:

  • Antelope Elementary School District 15-9-2016
  • Dunham Elementary School District 6-9-2016
  • Fullerton Elementary School District 12-9-2016
  • Modoc Joint Unified School District 8-9-2016
  • Pleasant Ridge Union Elementary School District 10-9-2016
  • Rocklin Unified School District 16-10-2016
  • Shandon Joint Unified School District 12-10-2016

(Recommended for APPROVAL WITH CONDITIONS)


Out-of-State Use of Funds and Transportation Allowances

Item W-03 (DOC)

Subject: Request by Yreka Union High School District to waive a portion of California Education Code Section 35330(b)(3) to authorize expenditures of school district funds for students to attend curricular and extracurricular activities in Oregon and Nevada.

Waiver Number: 7-10-2016

(Recommended for APPROVAL)


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

Item W-04 (DOC)

Subject: Request by Covina-Valley Unified School District to waive California Education Code sections 17473 and 17474, and portions of California Education Code sections 17466, 17472, and 17475, specific statutory provision for the lease of surplus property.

Waiver Number: 1-8-2016

 (Recommended for APPROVAL WITH CONDITIONS)


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

Item W-05 (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:

  • Corona-Norco Unified School District 4-10-2016
  • Ramona Unified School District 2-9-2016

(Recommended for APPROVAL WITH CONDITIONS)


School Construction Bonds (Bond Indebtedness)

Item W-06 (DOC)

Subject: Request by Alum Rock Union Elementary School District to waive California Education Code sections 15102 and 15268, to allow the district to exceed its bonded limit of 1.25 percent of the taxable assessed value of property. (Requesting 2.50 percent)

Waiver Number: 13-10-2016

(Recommended for APPROVAL WITH CONDITIONS)


School Construction Bonds (Bond Indebtedness)

Item W-07 (DOC)

Subject: Request by Bassett 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 3.1 percent).

Waiver Number: 9-10-2016

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-08 (DOC)

Subject: Request by Redlands Unified 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: 17-10-2016

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-09 (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:    

  • Black Butte Union Elementary School District 14-10-2016
  • Chawanakee Unified School District 18-10-2016
  • Jamestown Elementary School District 15-10-2016
  • Nevada County Office of Education 19-10-2016
  • Pixley Union Elementary School District 8-10-2016
  • Santa Paula Unified School District 11-9-2016
  • Whitmore Union Elementary School District 10-10-2016

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Child Specific/ NPA or NPS Certification)

Item W-10 (DOC)

Subject: Request by Kern High School District to waive California Education Code Section 56366.1(a), the requirement for state certification to allow an uncertified out-of-state nonpublic school, Red Rock Lava Heights located in Utah, to provide services to a California student with disabilities.

Waiver Number: 13-9-2016

(Recommended for APPROVAL)


Special Education Program (Child Specific/ NPA or NPS Certification)

Item W-11 (DOC)

Subject: Request by Palo Alto Unified School District to waive California Education Code Section 56366.1(a), the requirement for state certification to allow an uncertified out-of-state nonpublic school, Daniels Academy, located in Utah, to provide services to a California student with disabilities.

Waiver Number: 11-10-2016

(Recommended for APPROVAL)


Special Education Program (Education Interpreter for Deaf and Hard of Hearing)

Item W-12 (DOC)

Subject: Request by two local educational agencies and two county offices of education for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for Deaf and Hard of Hearing students meet minimum qualifications as of July 1, 2009, to allow five interpreters to continue to provide services to students until June 30, 2017, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • Corcoran Joint Unified School District 2-10-2016 
  • Hanford Joint High School District 5-9-2016  
  • Santa Barbara County Office of Education 1-10-2016                             
  • Santa Barbara County Office of Education 3-10-2016
  • Sutter County Office of Education 18-9-2016

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (One year notice to change SELPA)

Item W-13 (DOC)

Subject: Request by Ontario-Montclair School District to waive California Education Code Section 56195.1(a), regarding size and scope requirements of a special education local plan area.

Waiver Number: 6-8-2016

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-14 (DOC)

Subject: Request by two local educational agencies 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 specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Numbers:

  • Luther Burbank School District 16-9-2016
  • San Ramon Valley Unified School District 17-9-2016

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report (CELDT, CAASPP)

Item W-15 (DOC)

Subject: Request by four 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 Title 5, Section 862(b)(2)(A), regarding the California Assessment of Student Performance and Progress System.

Waiver Numbers:

  • Banta Elementary School District 3-9-2016
  • Conejo Valley Unified School District 5-10-2016
  • Jefferson Elementary School District 7-9-2016
  • Modoc Joint Unified School District 9-9-2016

(Recommended for APPROVAL)


Charter School Program (Nonclassroom-Based Funding)

Item W-16 (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 Dorado Union High School District 19-9-2016
  • Lindsay Unified School District 4-9-2016

(Recommended for APPROVAL)

END OF WAIVERS


Item 05 (DOC)

Subject: 2017 History-Social Science Instructional Materials Adoption: Appointment of Reviewers, Approval of Evaluation Criteria and Standards Maps, and Approval of Trainers.

Type of Action: Action, Information


Item 06 (DOC)

Subject:  2017 History-Social Science Instructional Materials Adoption: Requests for Reduction of the Publisher Participation Fee.

Type of Action:  Action, Information


Item 07 (DOC)

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

Type of Action:  Action, Information


Item 08 (DOC; 2MB)

Subject: California Assessment of Student Performance and Progress: Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 851 through 856.

Type of Action:  Action, Information


Item 09 (DOC)

Subject: California Assessment of Student Performance and Progress: Approve the 2017 Local Educational Agency Apportionment Rates.

Type of Action: Action, Information


Item 10 (DOC)

Subject:  Approval of 2016–17 Consolidated Applications.

Type of Action:  Action, Information


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: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs: Request by Delhi Unified School District to Submit a Waiver Application Under Title I, Part A, Section 1111(b)(3) of the Elementary and Secondary Education Act (ESEA) of 1965 as Amended by the No Child Left Behind Act.

Type of Action: Action, Information


Item 13 (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, January 12, 2017
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. For Item 02 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 14 (DOC)

Subject: Computer Science Standards For California Public Schools, Kindergarten Through Grade Twelve, 2018: Approval of the Schedule of Significant Events and the Computer Science Standards Advisory Committee Application Form.

Type of Action: Action, Information


Item 15 (DOC)

Subject: Presentation on the 2016 K–12 Computer Science Framework: Core Concepts and Practices to Inform Development of State Standards.

Type of Action: Information


PUBLIC HEARING

The Public Hearing will commence no earlier than 8:45 a.m. on Thursday, January 12, 2017. The Public Hearing listed below will be held as close to 8:45 a.m. as the business of the State Board permits.

Item 16 (DOC; Posted 30-Dec-2016)

Subject: High Tech High Statewide Benefit Charter: 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 HEARING


Item 17 (DOC)

Subject: 2017 United States Senate Youth Program Presentation

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; and 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 6, 2017, 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, January 11, 2017
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