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SBE Agenda for September 2017

Agenda for the California State Board of Education (SBE) meeting on September 13-14, 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
  • Jaden Gray, Student Member
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters
Schedule of Meeting Location

Wednesday, September 13, 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, September 14, 2017
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

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/Pending 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 existing or pending litigation 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, September 13, 2017

Wednesday, September 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 1

PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items Wednesday and Thursday. For item 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: California Assessment of Student Performance and Progress: Update on Program Activities, including, but not limited to, Enhancements to the Online Reporting System.

Type of Action: Action, Information


Item 02 (DOC; 1MB)

Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Approval of the Recommended Revisions to the Calculations of the State Indicators for the Fall 2017 Dashboard Release; Update on Local Indicators; and Update on the California School Dashboard.

Type of Action: Action, Information


Item 03 (DOC)

Subject: Update on the Development of California’s System of Support for Local Educational Agencies and Schools.

Type of Action: Action, Information


Item 04 (DOC)

Subject: Approval of the California Every Student Succeeds Act Consolidated State Plan.

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.

ADMINISTRATOR/TEACHER RATIO

Item W-01 (DOC)

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

Waiver Number: 15-5-2017

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-02 (DOC)

Subject: Request by three districts to waive portions of California Education Code sections 41376(a), (c), and (d), relating to class size penalties for grades one through grade three. For grades one through three, the overall class size average is 30 to one with no class larger than 32.

Waiver Numbers:

  • Barstow Unified School District 22-6-2017
  • Capistrano Unified School District 36-5-2017
  • Inglewood Unified School District 27-5-2017

(Recommended for APPROVAL WITH CONDITIONS)


COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)

Item W-03 (DOC)

Subject: Request by the Cutler-Orosi Joint Unified School District for a waiver of portions of California Education Code Section 48661(a) to permit collocation of a Community Day School on the Lovell Continuation High School, Esperanza High School, and Cutler-Orosi Adult School campus.

Waiver Number: 45-6-2017

(Recommended for APPROVAL WITH CONDITIONS)


COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)

Item W-04 (DOC)

Subject: Request by the Lakeport Unified School District for a renewal waiver of California Education Code Section 48916(d) and portions of California Education Code Section 48660 to permit a community day school to serve students in grade six with students in grades seven through ten.

Waiver Number: 22-5-2017

(Recommended for APPROVAL WITH CONDITIONS)


FEDERAL PROGRAM WAIVER (Carl D. Perkins Voc and Tech Ed Act)

Item W-05 (DOC)

Subject: Request by Golden Valley 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-13-2017

(Recommended for APPROVAL)


Out-of-State Use of Funds and Transportation Allowances

Item W-06 (DOC)

Subject: Request by four 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:

  • Apple Valley Unified School District 4-6-2017
  • Chico Unified School District 30-5-2017
  • Rowland Unified School District 24-6-2017
  • San Pasqual Valley Unified School District 34-5-2017

(Recommended for APPROVAL)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Unified S.D.)

Item W-07 (DOC)

Subject: Request by Southern Kern Unified School District to waive California Education Code Section 15270(a), and by the Dublin 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:

  • Dublin Unified School District 19-5-2017
  • Southern Kern Unified School District 47-6-2017

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-08 (DOC)

Subject: Request by Cypress 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: 25-6-2017

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-09 (DOC)

Subject: Request by Manchester Union Elementary School District to waive California Education Code Section 5020 that requires a districtwide election to reduce the number of governing board members from five to three.

Waiver Number: 46-6-2017

(Recommended for APPROVAL)


SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)

Item W-10 (DOC)

Subject: Request by six 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:

  • Butteville Union Elementary School District 25-5-2017
  • Castle Rock Union Elementary School District 33-5-2017
  • Golden Valley Unified School District 16-5-2017
  • Los Angeles Unified School District 12-6-2017
  • Los Angeles Unified School District 13-6-2017
  • Surprise Valley Joint Unified School District 20-6-2017
  • Weed Union Elementary School District 50-6-2017

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Algebra I Requirement for Graduation)

Item W-11 (DOC)

Subject: Request by two local educational agencies 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 Numbers:

  • El Dorado Union High School District 21-5-2017
  • Galt Joint Union High School District 31-5-2017

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-12 (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 July 3, 2017, to allow an interpreter to continue to provide services to students until June 30, 2018, under a remediation plan to complete those minimum requirements.

Waiver Number: Shasta County Office of Education 18-5-2017

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-13 (DOC)

Subject: Request by the four local educational agencies 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 Numbers:

  • Lake Tahoe Unified School District 51-6-2017
  • Mariposa County Office of Education 23-5-2017
  • Meadows Union Elementary School District 16-6-2017
  • Shasta Union High School District 8-5-2017

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-14 (DOC)

Subject: Request by three 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:

  • Claremont Unified School District 9-6-2017
  • Claremont Unified School District 10-6-2017
  • Jefferson Elementary School District 11-5-2017
  • Moreland Unified School District 7-6-2017

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-15 (DOC)

Subject: Request by Vacaville 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 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: 33-6-2017

(Recommended for APPROVAL WITH CONDITIONS)


STATE TESTING APPORTIONMENT REPORT (CAASPP)

Item W-16 (DOC)

Subject: Request by thirteen 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:

  • Arvin Union School District 6-6-2017
  • Camino Union Elementary School District 30-6-2017
  • Camino Union Elementary School District 32-6-2017
  • Chula Vista Elementary School District 14-6-2017
  • Cupertino Union School District 49-6-2017
  • Hillsborough City Elementary School District 54-6-2017
  • Lake Elementary School District 28-6-2017
  • Loomis Union Elementary School District 32-5-2017
  • Newhall School District 13-5-2017
  • Placentia-Yorba Linda Unified School District 57-6-2017
  • San Rafael City Elementary School District 18-6-2017
  • San Rafael City High School District 19-6-2017
  • Ukiah Unified School District 29-5-2017
  • Ventura Unified School District 24-5-2017

(Recommended for APPROVAL)


CHARTER SCHOOL PROGRAM (Geographic Limitations – Nonclassroom-Based)

Item W-17 (DOC)

Subject: Requests by nine local educational agencies to waive portions of Education Code sections 47605 and 47605.1 for 11 charter schools which concern Nonclassroom-Based Charter School Resource Center Location.

Waiver Numbers:

  • Acton-Agua Dulce Unified School District 34-6-2017
  • Acton-Agua Dulce Unified School District 35-6-2017
  • Baldwin Park Unified School District 3-6-2017
  • Baldwin Park Unified School District 38-5-2017
  • Golden Feather Union Elementary School District 10-7-2017
  • Helendale Elementary School District 2-6-2017
  • Lakeside Union Elementary School District 17-6-2017
  • Nuview Union School District 14-7-2017
  • San Juan Unified School District 53-6-2017
  • South Bay Union Elementary School District 5-6-2017
  • William S. Hart Union High School District 41-5-2017

(Recommended for APPROVAL WITH CONDITIONS)


CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding)

Item W-18 (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:

  • San Bernardino City Unified School District 8-7-2017
  • Sanger Unified School District 8-6-2017

(Recommended for APPROVAL)


CHARTER SCHOOL PROGRAM (Geographic Limitations – Nonclassroom-Based)

Item W-19 (DOC)

Subject: Request by Baldwin Park Unified School District to waive portions of Education Code sections 47605 and 47605.1 for Opportunities for Learning–Baldwin Park which concern Nonclassroom-Based Charter School Resource Center Location.

Waiver Number: 3-6-2017

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 05 (DOC; 2MB)

Subject: Approval of 2017–18 Consolidated Applications.

Type of Action: Action, Information


Item 06 (DOC; 2MB)

Subject: California High School Proficiency Examination: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 11520, 11524, 11525, and 11526.

Type of Action: Action, Information


Item 07 (DOC)

Subject: California High School Proficiency Examination: Readoption of the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 11520, 11524, 11525, and 11526.

Type of Action: Action, Information


Item 08 (DOC; 2MB)

Subject: California Assessment of Student Performance and Progress: Approve the Finding of Emergency and Readopt 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: 2018 World Language Content Standards Revision: Approval of Schedule of Significant Events and Approval of Online Application for Appointment to the World Language Standards Advisory Committee.

Type of Action: Action, Information


Item 10 (DOC)

Subject: 2018 Visual and Performing Arts Content Standards Revision: Approval of Schedule of Significant Events and Approval of Online Application for Appointment to the Visual and Performing Arts Standards Advisory Committee.

Type of Action: Action, Information


Item 11 (DOC)

Subject: Follow-up Adoptions—Adopt Proposed California Code of Regulations, Title 5, Section 9517.1.

Type of Action: Action, Information


Item 12 (DOC; 2MB)

Subject: Appointment of Instructional Materials Reviewers and Content Review Experts; Application Process for Curriculum Framework and Evaluation Criteria Committee Members, Instructional Materials Reviewers, and Content Review Experts; and Standards for Evaluating Instructional Materials for Social Content—Adopt Proposed Amendments to the California Code of Regulations, Title 5, Sections 9510, 9512, 9513, 9518, 9529, and 9810.

Type of Action: Action, Information


Item 13 (DOC)

Subject: Consideration of a Request 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 14 (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 15 (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 16 (DOC)

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

Type of Action: Action, Information


Item 17 (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, September 14, 2017

Thursday, September 14, 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 18 (DOC)

Subject: English Language Proficiency Assessments for California: Approve the Revised Test Blueprints, the Revised General Performance Level Descriptors, and the Reporting Hierarchy.

Type of Action: Action, Information


PUBLIC HEARINGS

The following Public Hearings will commence no earlier than 9:00 a.m. on Thursday, September 14, 2017. The Public Hearings listed below will be held as close to 9:00 a.m. as the business of the State Board permits.

Item 19 (DOC)

Subject: Prepa Tec Los Angeles High: Consider a Material Revision to Decrease Enrollment in Grade Nine through Grade Twelve.

Type of Action: Hearing, Action, Information


Item 20 (DOC)

Subject: Celerity Himalia Charter: Consider a Material Revision to Change the Governance Structure, Increase Enrollment and Add Grade Levels to Include Grade Six Through Grade Eight, and Add Locations.

Type of Action: Hearing, Action, Information


Item 21 (DOC)

Subject: Celerity Rolas Charter: Consider a Material Revision to Change the Governance Structure, Increase Enrollment and Add Grade Levels to Include Grade Six Through Grade Eight, and Change Locations.

Type of Action: Hearing, Action, Information

END OF PUBLIC HEARINGS


Item 22 (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


Item 23 has been pulled from the agenda as of September 13, 2017

Item 23

Subject: SUPERINTENDENT PROJECTS AND PRIORITIES. Including, but not limited to, updates on the Superintendent’s Initiatives; Continuous Improvement efforts of the California Department of Education; special presentations; and other matters of interest.

Type of Action: Information

[Note: the preceding information about Item 23 contains strikethroughs which indicate the item has been withdrawn.]

 

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 September 8, 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: Wednesday, September 13, 2017
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