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SBE Agenda for March 2017

Agenda for the California State Board of Education (SBE) meeting on March 8-9, 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, March 8, 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, March 9, 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 Parents for the Equalization of Instructional Materials, et. al v. Tom Torlakson in his official capacity and members of the State Board of Education, in their official capacity, et. al, United States District Court (No. Dist. CA), Case No. 4:17-cv-00635
  • 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., United States District Court (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
  • 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, March 8, 2017

Wednesday, March 8, 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: Indicator 17 of the State Performance Plan and Annual Performance Report for Special Education: State Systemic Improvement Plan.

Type of Action: Action, Information


Item 02 (DOC)

Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Update on Continuing Developmental Work and Presentation on the Evaluation Rubrics; Presentation on Alternative Schools; and Update on Local Indicators.

Type of Action: Action, Information


Item 03 (DOC)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs.

Type of Action: 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


Item 05 (DOC)

Subject: California Assessment of Student Performance and Progress: Update on Program Activities Related to the California Assessment of Student Performance and Progress System.

Type of Action: Action, Information


Item 06 (DOC)

Subject: California Assessment of Student Performance and Progress: Authority to Begin Negotiations with Education Testing Services to Amend the Existing Scope of Work for the California Assessment of Student Performance and Progress Contract.

Type of Action: Action, Information

ADJOURNMENT OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 2

Thursday, March 9, 2017

Thursday, March 9, 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 Thursday.

Item 07 (DOC)

Subject: Consideration of a Retroactive Request for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances 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 08 (DOC)

Subject: Nonclassroom-based Charter School Resource Center Location, State Board of Education Policy Regarding Waivers to Education Code Sections 47605(a)(1), 47605(a)(4), 47605(a)(5), 47605.1(a), and 47605.1(c) through (e).

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.

Administrator/Teacher Ratio (Administrator/Teacher Ratio in High School District)

Item W-01 (DOC)

Subject: Request by Lakeport Unified School District to waive California Education Code Section 41402(b), the requirement which sets the ratio of administrators to teachers for unified school districts at eight for every 100 teachers.

Waiver Number: 20-10-2016

(Recommended for APPROVAL WITH CONDITIONS)


Community Day Schools (CDS) (Colocate Facilities)

Item W-02 (DOC)

Subject: Request by Hacienda la Puente Unified School District for a renewal waiver of portions of California Education Code Section 48661(a) to permit collocation of Community Day School on the same site as Valley Continuation High School and Puente Hills High School Independent Study.

Waiver Number: 19-11-2016

(Recommended for APPROVAL WITH CONDITIONS)


Equity Length of Time

Item W-03 (DOC)

Subject: Request by nine 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:

  • Anaheim Elementary School District 4-11-2016
  • Coronado Unified School District 3-12-2016
  • El Centro Elementary School District 8-11-2016
  • Escondido Union School District 5-12-2016
  • Franklin-McKinley Elementary School District 8-12-2016
  • San Ysidro Elementary School District 14-12-2016
  • Soulsbyville Elementary School District 7-11-2016
  • Southside Elementary School District 26-12-2016
  • Tustin Unified School District 12-11-2016

(Recommended for APPROVAL WITH CONDITIONS)


Independent Study Program (Pupil Teacher Ratio)

Item W-04 (DOC)

Subject: Request by Nevada County Office of Education 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-certificated employees ratio to allow an increase from 25:1 to a 27.5:1 pupil-to- certificated employee ratio at Twin Ridges Home Study Charter School.

Waiver Number: 14-9-2016

(Recommended for APPROVAL WITH CONDITIONS)


EMPLOYMENT RETIREMENT SYSTEM

Item W-05 (DOC)

Subject: Request by Sanger Unified School District 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: 36-12-2016

(Recommended for APPROVAL)


School Construction Bonds (Bond Indebtedness Limit)

Item W-06 (DOC)

Subject: Request by six districts to waive one or both the California Education Code sections 15102 and 15268 and request by the Soledad Unified School District to waive sections 15106 and 15270(a), to allow the districts to exceed their bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for high school and elementary school districts or 2.5 percent for unified districts. Depending on the type of bond, a tax rate levy limit to $30 per $100,000 or assessed value for high school and elementary school districts or $60 per $100,000 for unified districts, may also apply.

Waiver Numbers:

  • Alisal Union School District 4-1-2017
  • Lennox School District 6-1-2017
  • Meadows Union Elementary School District 7-1-2017
  • Oxnard School District 8-1-2017
  • Seeley Union Elementary School District 2-1-2017
  • Soledad Unified School District 10-11-2016

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-07 (DOC)

Subject: Request by Lawndale Elementary 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: 15-12-2016

(Recommended for APPROVAL)


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:

  • Central Unified School District 16-11-2016
  • Central Unified School District 17-11-2016
  • Pomona Unified School District 4-12-2016
  • Sacramento County Office of Education 24-12-2016
  • Whitmore Union Elementary School District 5-11-2016

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-09 (DOC)

Subject: Request by Livermore Valley Joint Unified School District to waive California Education Code Section 56366.1(a), the requirement for state certification to allow an uncertified nonpublic school, Stellar Academy for Dyslexics located in Newark, California to provide services to one student with disabilities.

Waiver Number: 39-12-2016

(Recommended for APPROVAL)


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

Item W-10 (DOC)

Subject: Request by Shasta County Office 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 August 15, 2016, to allow an interpreter to continue to provide services to students until June 30, 2017, under a remediation plan to complete those minimum requirements.

Waiver Number: 9-11-2016

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Extended School Year)

Item W-11 (DOC)

Subject: Request by eleven 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:

  • Butte County Office of Education 22-11-2016
  • Chula Vista Elementary School District 13-11-2016
  • Covina Valley Unified School District 15-11-2016
  • Fall River Joint Unified School District 10-12-2016
  • Gateway Unified School District 6-12-2016
  • Greenfield Union School District 14-11-2016
  • Paradise Unified School District 21-11-2016
  • Red Bluff Union Elementary School District 1-11-2016
  • San Pasqual Valley School District 18-11-2016
  • South Bay Union School District 20-11-2016
  • South Whittier Elementary School District 2-11-2016

(Recommended for APPROVAL WITH CONDITIONS)


School Construction Bonds (Bond Indebtedness Limit)

Item W-12 (DOC)

Subject: Request by Centinela Valley Union High School District to waive the California Education Code sections 15102 and 15268 to allow the district to exceed its bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property. A tax rate levy limit to $30 per $100,000 of assessed value also applies.

Waiver Number: 44-12-2016

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 09 (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 10 (DOC; 2MB)

Subject: California Assessment of Student Performance and Progress: Approve Commencement of Rulemaking for Amendments to the California Code of Regulations, Title 5, Sections 850 through 859.

Type of Action: Action, Information


Item 11 (DOC)

Subject: Approval of 2016–17 Consolidated Applications.

Type of Action: Action, Information


Item 12 (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 13 (DOC)

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

Type of Action: Action, Information


Item 14 (DOC)

Subject: Approval of the Schedule of Significant Events (Timeline) and the Application to Serve on the Review Panel (Application) for the 2018 Science Instructional Materials Adoption.

Type of Action: Action, Information


Item 15 (DOC)

Subject: Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve, 2019 Revision: Approval of Curriculum Framework and Evaluation Criteria Committee Guidelines and Appointment of Members of the Curriculum Framework and Evaluation Criteria Committee.

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 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 18 (DOC)

Subject: Consideration of a Request for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances 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 19 (DOC)

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

Type of Action: Action, Information


Item 20 (DOC; 1MB)

Subject: English Language Proficiency Assessments for California: Approve Commencement of a Second 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 11517.6 through 11519.5.

Type of Action: Action, Information


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; 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 March 3, 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, March 8, 2017
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