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SBE Agenda for July 2017

Agenda for the California State Board of Education (SBE) meeting on July 12-13, 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
  • Karen Valdes
  • Trish Williams
  • Olivia Sison, Student Member
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters
Schedule of Meeting Location

Wednesday, July 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


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, July 13, 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


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 Educational 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
  • Devon Torrey-Love v. State of California, Department of Education, State Board of Education, Tom Torlakson, Department of Public Health, Dr. Karen Smith, Director of the Department of Public Health, Placer County Superior Court, Case No. CV-0039311
  • 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
  • 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, July 12, 2017

Wednesday, July 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 1

PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items Wednesday and Thursday. For items 1 and 3 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: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Approval of the Suspension of the Academic Performance Index Pursuant to Assembly Bill 99, Section 47 (Chapter 15, Statutes of 2017); Approval of the Eligibility Criteria for Alternative Schools; Update on the California School Dashboard; and Continued Developmental Work of Evaluation Rubrics.

Type of Action: Action, Information


Item 02 (DOC)

Subject: Developing an Integrated Statewide System of Support for Local Educational Agencies and Schools: Proposed Goals and Characteristics of an Integrated System and Regional Structure for Providing Coordinated Support Across State and Federal Programs.

Type of Action: Action, Information


Revised Item 03 (DOC; Posted 10-Jul-2017)
Note: There is an error on Page 4, Attachment 2 of Item 03. In the last sentence of the 3rd paragraph, where is states, "Approximately 90 of the LEAs identified using the existing…". The number 90 should be 34 instead.

Item 03 (DOC)

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

Type of Action: Action, Information


Item 04 (DOC)

Subject: California Assessment of Student Performance and Progress: Begin the Process of Approving Renewal of Educational Testing Service’s Administration Contract for an Additional Two Years.

Type of Action: Action, Information


Item 05 (DOC)

Subject: Adoption of the California English Learner Roadmap State Board of Education Policy: Educational Programs and Services for English Learners.

Type of Action: Action, Information


Item 06 (DOC; 2MB)

Subject: California Education for a Global Economy Initiative: Commencement of Rulemaking Process for Amendments to Title 5 of the California Code of Regulations Sections 11300, 11301, 11309, 11310, and 11316 and Adoption of Proposed Sections 11311 and 11312.

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 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. 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.

Charter School Program (Geographic Limitations - Classroom Based)

Item W-01 (DOC)

Subject: Requests by eight local educational agencies to waive portions of Education Code Sections 47605 and 47605.1 for eight charter schools which concern Nonclassroom-Based Charter School Resource Center Location.

Waiver Numbers:

  • Acton-Agua Dulce Unified School District 16-3-2017
  • Butte County Office of Education 34-3-2017
  • Fort Sage Unified School District 15-3-2017
  • Lucerne Valley Unified School District 35-5-2017
  • Oak Grove Union Elementary School District 10-4-2017
  • San Gabriel Unified School District 3-5-2017
  • Twin Rivers Unified School District 36-4-2017
  • William S. Hart Union School District 39-5-2017

(Recommended for APPROVAL WITH CONDITIONS)


Charter School Program (Nonclassroom-Based Funding)

Item W-02 (DOC)

Subject: Request by four 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:

  • Fort Sage Unified School District 27-4-2017
  • Sacramento City Unified School District 16-4-2017
  • Sweetwater Union High School District 37-5-2017
  • Tulare Joint Union High School District 29-6-2017

(Recommended for APPROVAL)


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

Item W-03 (DOC)

Subject: Request by Whittier City Elementary School District to waive portions of California 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 Numbers: 17-1-2017, 18-1-2017

(Recommended for APPROVAL WITH CONDITIONS)


Community Day Schools (CDS) (Commingle Grade Levels)

Item W-04 (DOC)

Subject: Request by two school districts to waive California Education Code Section 48916.1(d), and to waive portions of California Education Code Section 48660, to permit a community day school to serve students in grades six through twelve.

Waiver Numbers:

  • Kelseyville Unified School District 36-2-2017
  • Reef-Sunset Unified School District 29-4-2017

(Recommended for APPROVAL WITH CONDITIONS)


Equity Length of Time

Item W-05 (DOC)

Subject: Request by two 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:

  • Oakley Union Elementary School District 1-5-2017
  • Sacramento City Unified School District 26-3-2017

(Recommended for APPROVAL WITH CONDITIONS)


Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)

Item W-06 (DOC)

Subject: Request by 11 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:

  • Biggs Unified School District Fed-5-2017
  • Bret Harte Union High School District Fed-4-2017
  • Cabrillo Unified School District Fed-2-2017
  • Fort Bragg Unified School District Fed-6-2017
  • Gridley Unified School District Fed-1-2017
  • Kelseyville Unified School District Fed-8-2017
  • Laton Joint Unified School District Fed-7-2017
  • Mountain Valley Unified School District Fed-10-2017
  • Pierce Joint Unified School District Fed-11-2017
  • Plumas Unified School District Fed-12-2017
  • Siskiyou Union High School District Fed-9-2017

(Recommended for APPROVAL)


Independent Study Program (Pupil Teacher Ratio)

Item W-07 (DOC)

Subject: Request by the Kingsburg Elementary Charter School District 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), relating to charter school independent study pupil-to-certificated employee ratio to allow an increase from 25:1 to 27.5:1 pupil-to-certificated employee ratio at Central Valley Home School.

Waiver Number: 33-2-2017

(Recommended for APPROVAL WITH CONDITIONS)


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

Revised Item W-08 (DOC; Posted 10-Jul-2017)
Note: Document number was updated from ITEM #08 to ITEM #W-08.

Item W-08 (DOC)

Subject: Requests by seven districts and one charter school under the authority of California Education Code sections 46206(a) and 47612.6(a), to waive Education Code sections 46200, 46201, and 47612.5, the audit penalties for offering insufficient instructional days or minutes during the 2015–16 school year.

Waiver Numbers:

  • Central Union High School District 12-3-2017
  • Coalinga-Huron Unified School District 7-3-2017
  • Fullerton Joint Union High School District 6-2-2017
  • Lakeside Union Elementary School District 5-4-2017
  • Manzanita Charter Middle School 32-3-2017
  • Mariposa County Unified School District 8-3-2017
  • Napa Valley Unified School District 3-4-2017
  • Palo Verde Union Elementary School District 23-3-2017

(Recommended for APPROVAL WITH CONDITIONS)


Out-of-State Use of Funds and Transportation Allowances

Item W-09 (DOC)

Subject: Request by Fairfield-Suisun Unified School District 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 12-4-2017
  • Fairfield-Suisun Unified School District 17-4-2017

(Recommended for APPROVAL)


School District Reorganization (60 day Requirement to Fill Board Vacancy)

Item W-10 (DOC)

Subject: Request by Coffee Creek Elementary School District to waive California Education Code Section 35780(a), which requires lapsation of a district with an average daily attendance of less than six.

Waiver Number: 24-3-2017

(Recommended for APPROVAL)


School District Reorganization (60 day Requirement to Fill Board Vacancy)

Item W-11 (DOC)

Request by Indian Springs Elementary School District to waive portions of California Education Code Section 5091, which will allow the board of trustees to make a provisional appointment to a vacant board position past the 60-day statutory deadline.

Waiver Number: 17-3-2017

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-12 (DOC)

Subject: Request by nine 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:

  • Brawley Union High School District 34-4-2017
  • Briggs Elementary School District 26-4-2017
  • Butte County Office of Education 9-3-2017
  • Butte County Office of Education 10-3-2017
  • Columbia Elementary School District 22-4-2017
  • Marin County Office of Education 6-4-2017
  • Mariposa County Unified School District 15-4-2017
  • Mendota Unified School District 2-5-2017
  • Terra Bella Union Elementary School District 6-3-2017
  • Tulelake Basin Joint Unified School District 3-3-2017

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Algebra I Requirement for Graduation)

Item W-13 (DOC)

Subject: Request by Natomas Unified School District to waive, for two students with disabilities, California Education Code Section 51224.5(b), the requirement that all students complete a course in Algebra I (or equivalent) to be given a diploma of graduation, consistent with Education Code Section 56101.

Waiver Number: 30-3-2017

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-14 (DOC)

Subject: Request by Fort Bragg 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, Mount Saint Vincent located in Denver, Colorado, to provide services to a California student with disabilities.

Waiver Number: 11-3-2017

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Extended School Year (Summer School)

Item W-15 (DOC)

Subject: Request by the El Centro Elementary School District to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days for an extended school year (summer school) for students with disabilities.

Waiver Number: 13-3-2017

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-16 (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:

  • Butte Valley School District 1-4-2017
  • Vacaville Unified School District 13-2-2017

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-17 (DOC)

Subject: Request by Lemoore 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 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:

  • Lemoore Union Elementary School District 18-3-2017
  • Lemoore Union Elementary School District 20-3-2017
  • Lemoore Union Elementary School District 22-3-2017

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report (CAASPP)

Item W-18 (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 Title 5, Section 862(b)(2)(A), regarding the California Assessment of Student Performance and Progress System.

Waiver Numbers:

  • Cypress Elementary School District 19-4-2017
  • King City Union School District 25-4-2017
  • Lafayette Elementary School District 23-4-2017
  • San Jacinto Unified 11-4-2017
  • Whittier Union High School District 24-4-2017
  • Winship-Robbins Elementary School District 21-4-2017

(Recommended for APPROVAL)


Sale or Lease of Surplus Property

Item W-19 (DOC)

Subject: Request by the San Diego Unified School District to waive all or portions of California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Number: 9-5-2017

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 07 (DOC; 2MB)

Subject: California Assessment of Student Performance and Progress: Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 850 through 859.

Type of Action: Action, Information


Item 08 (DOC)

Subject: School Accountability Report Card: Approve the Template for the 2016–17 School Accountability Report Card.

Type of Action: Action, Information


Item 09 (DOC)

Subject: Approval of 2016–17 Consolidated Applications.

Type of Action: Action, Information


Item 10 (DOC; 4MB)

Subject: School Improvement Grant: Request to the U.S. Department of Education for Approval to Amend California’s Fiscal Year 2013 School Improvement Grants Application to Extend the Waiver Previously Granted Under Section 421(b) of the General Education Provisions Act, 20 United States Code Section 1225(b), to Extend the Period of Availability of the Fiscal Year 2013 School Improvement Grant Funds Awarded Under Section 1003(g) of the Elementary and Secondary Education Act of 1965, as Amended, Until September 30, 2018; Approval of the Application and Criteria for Cohort 3 Local Educational Agencies to Extend the Use of Fiscal Year 2013 School Improvement Grant Funds, Including Conditional Approval of Sub-grants Under Section 1003(g) for Local Educational Agencies and Schools Meeting State Board Approved Criteria.

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; 2MB)

Subject: Instructional Materials Adoptions – Approve Commencement of Proposed Regulations for Instructional Materials Adoptions.

Type of Action: Action, Information


Item 13 (DOC)

Subject: Computer Science Standards for California Public Schools, Kindergarten Through Grade Twelve, 2018: Approval of Guidelines for the Development of Computer Science Standards and Appointment of Members of the Computer Science Standards Advisory Committee.

Type of Action: Action, Information


Item 14 (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 15 (DOC)

Subject: Consideration of 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


Item 16 (DOC)

Subject: Reconsideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code Sections 47612.5 and 47634.2, California Code of Regulations Section 11963.6(g), and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 17 (DOC)

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

Type of Action: Action, Information

ADJOURNMENT OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session, Day 2

Thursday, July 13, 2017

Thursday, July 13, 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.

PUBLIC HEARINGS

The following Public Hearings will commence no earlier than 8:30 a.m. on Thursday, July 13, 2017. The Public Hearings listed below will be held as close to 8:30 a.m. as the business of the State Board permits.

Item 18 (DOC)

Subject: Proposed Formation of a New Unified School District from the Huron Portion of the Coalinga-Huron Unified School District in Fresno County.

Type of Action: Hearing, Action, Information


Item 19 (DOC)

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

Type of Action: Hearing, Action, Information

END OF PUBLIC HEARINGS


Item 20 (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 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 July 7, 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 | sbe@cde.ca.gov | 916-319-0827 
Last Reviewed: Tuesday, July 18, 2017
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