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SBE Agenda for May 2012

Agenda for the California State Board of Education (SBE) meeting on May 9 and 10, 2012.
State Board Members

Michael W. Kirst, President
Trish Williams, Vice President

Carl Cohn
Aida Molina
James C. Ramos
Patricia A. Rucker
Ilene W. Straus
Caitlin Snell, Student Member
Vacancy
Vacancy
Vacancy

Secretary & Executive Officer

Hon. Tom Torlakson

Executive Director

Susan K. Burr

Schedule of Meeting Location

Wednesday, May 9, 2012
8:30 a.m. Pacific Time +

STATE BOARD OF EDUCATION
Public Session

 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.

The Closed Session (1) may commence earlier than 12:00 noon; (2) may begin at or before 12:00 noon, be recessed, and then be reconvened later in the day; or (3) may commence later than 12:00 noon.

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 which follows will be considered and acted upon in closed session:

  • Alejo, et al. v. Jack O’Connell, State Board of Education, et al., San Francisco County Superior Court, Case No. CPF-09-509568 CA Ct. of Appeal, 2nd Dist., Case No. A130721
  • 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
  • California School Boards Association and its Education Legal Alliance, et al. v. The California State Board of Education, et al., Sacramento County Superior Court, Case No. 34-2008-00021188-CU-MC-GDS, CA Ct. of Appeal, 3rd Dist., Case No. No. C060957
  • Doe, Jane, and Jason Roe v. State of California, Tom Torlakson, the California Department of Education, the State Board of Education, Los Angeles Superior Court, Case No. BC445151
  • Emma C., et al. v. Delaine Eastin, et al., USDC (No.Dist.CA), Case No. C-96-4179
  • EMS-BP, LLC, Options for Youth Burbank, Inc., et al. v. California Department of Education, et al., Sacramento County Superior Court, Case No. 03CS01078 and 03CS01079 and related appeal
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C054077 MMC
  • Options for Youth-Victor Valley, et al. v. California Department of Education, et al., Los Angeles County Superior Court, Case No. BC347454
  • Options for Youth, Burbank, Inc., San Gabriel, Inc. Upland, Inc. and Victor Valley, Notice of Appeal Before the Education Audit Appeals Panel, OAH Case No. 2006100966
  • Opportunity for Learning – PB, LLC; Opportunities Learning – C, LLC, and Opportunities for Learning WSH, LLC, Notice of Appeal Before the Audit Appeals Panel
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • Perris Union High School District v. California State Board of Education, California Department of Education, et al., Riverside County Superior Court, Case No. RIC520862
  • 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
  • Today’s Fresh Start, Inc. v. Los Angeles County Office of Education, et al., Los Angeles County Superior Court, Case No. BS112656, CA Ct. of Appeal, 2nd Dist., Case Nos. B212966

Conference with Legal Counsel – Anticipated Litigation:  Under Government Code sections 11126(e)(1) and (e)(2)(B), the State Board of Education hereby provides public notice that it may meet in closed session to decide whether there is a significant exposure to litigation, and to consider and act in connection with matters for which there is a significant exposure to litigation.  Under Government Code sections 11126(e)(1) and (e)(2)(C), the State Board of Education hereby provides public notice that it may meet in closed session to decide to initiate litigation and to consider and act in connection with litigation it has decided to initiate.

Under Government Code section 11126(c)(14), the State Board of Education hereby provides public notice that it may meet in closed session to review and discuss the actual content of pupil achievement tests (including, but not limited to, the High School Exit Exam) that have been submitted for State Board approval and/or approved by the State Board.

Under Government Code section 11126(a), the State Board of Education hereby provides public notice that it may meet in closed session regarding the appointment, employment, evaluation of performance, or dismissal, discipline, or release of public employees, or a complaint or charge against public employees. Public employees include persons exempt from civil service under Article VII, Section 4(e) of the California Constitution.

Schedule of Meeting Location

Thursday, May 10, 2012
8:30 a.m. Pacific Time +

STATE BOARD OF EDUCATION
Closed Session – IF NECESSARY- will take place at approximately 12:00 noon. (The public may not attend.)

 California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
916-319-0827

Schedule of Meeting Location

Thursday, May 10, 2012
8:30 a.m. Pacific Time +
(Upon Adjournment of Closed Session, if held.)

STATE BOARD OF EDUCATION
Public Session

 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.

ALL TIMES ARE APPROXIMATE AND ARE PROVIDED
FOR CONVENIENCE ONLY

ALL ITEMS MAY BE RE-ORDERED TO BE HEARD ON
ANY DAY OF THE NOTICED MEETING

THE ORDER OF BUSINESS MAY BE CHANGED WITHOUT NOTICE

Persons wishing to address the State Board of Education on a subject to be considered at this meeting, including any matter that may be designated for public hearing, are asked, but not required, to notify the State Board of Education Office (see telephone/fax numbers below) by noon of the third working day before the scheduled meeting/hearing, stating the subject they wish to address, the organization they represent (if any), and the nature of their testimony. Time is set aside for individuals so 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 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, 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone, 916-319-0827; fax, 916- 319-0175.

CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session

May 9, 2012

Wednesday, May 9, 2012 – 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

Closed Session

Communications

Announcements

REPORT OF THE STATE SUPERINTENDENT

SPECIAL PRESENTATIONS
Public notice is hereby given that special presentations for informational purposes may take place during this session.

AGENDA ITEMS

Item 1 (DOC)

Subject: Update on the Activities of the California Department of Education and State Board of Education Regarding Implementation of Common Core State Standards Systems.

Type of Action: Action, Information

Item 2 (DOC)

Subject: Update on the Next Generation of Science Standards.

Type of Action: Action, Information

Item 3 (DOC)

Subject: English Language Arts/English Language Development Framework for California Public Schools: Kindergarten Through Grade Twelve, 2014 Revision: Approval of the Timeline and Curriculum Framework and Evaluation Criteria Committee Application Form. The future activities of Instructional Quality Commission will also be discussed.

Type of Action: Action, Information

Item 4 (DOC)

Subject: Update on the Activities of the California Department of Education Regarding the Development of the English Language Development Standards for California Public Schools, Kindergarten through Grade Twelve.

Type of Action: Action, Information

Item 5 (DOC)

Subject: Reauthorization of the Statewide Pupil Assessment System: Update for the State Superintendent of Public Instruction Recommendations.

Type of Action: Action, Information

Item 6 (DOC)

Subject: A Conversation about the Future of Accountability in California, including the Academic Performance Index and the School Accountability Report Card.

Type of Action: Action, Information

*** PUBLIC HEARINGS ***

Public Hearings on the following agenda items will commence no earlier than 1:00 p.m. on Wednesday, May 9, 2012. The Public Hearings will be held as close to 1:00 p.m. or upon adjournment of Closed Session if held, as the business of the State Board permits.

Item 7 (DOC)

Subject: Long Valley Charter School: Hold a Public Hearing to Consider a Material Revision of the Charter.

Type of Action: Action, Information, Hearing

Item 8 (DOC)

Subject: Long Valley Charter School: Consider Issuing a Notice of Intent to Revoke Pursuant to California Education Code Section 47607(e).

Type of Action: Action, Information, Hearing

Item 9 (DOC)

Subject: Doris Topsy-Elvord Academy: Consider Issuing a Notice of Violation Pursuant to California Education Code Section 47607(d).

Type of Action: Action, Information, Hearing

Item 10 (DOC)

Subject: Lifeline Education Charter School: Hold a Public Hearing to Consider a Petition to Renew Charter Currently Authorized by the State Board of Education.

Type of Action: Action, Information, Hearing

Item 11 (DOC)

Subject: Ackerman Charter School District: Hold a Public Hearing to Consider a Petition to Renew Districtwide Charter.

Type of Action: Action, Information, Hearing

*** END OF PUBLIC HEARINGS ***

Item 12 (DOC)

Subject: Standardized Testing and Reporting Program: Approval of Standards-based Tests in Spanish Proposed Performance Standards Setting for Reading Language Arts in Grades Eight, Nine, Ten, Eleven, and Math, Algebra I and Geometry, and to Conduct the Regional Public Hearings.

Type of Action: Action, Information

*** WAIVERS ***

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 (Attendance Accounting for Multi-Track)

Item W-1 General (DOC)

Subject: Request by New Jerusalem Elementary School District for a renewal for Delta Charter School to waive California Code of Regulations, Title 5, Section 11960(a), to allow the charter school attendance to be calculated as if it were a regular multi-track school.

Waiver Number: 145-2-2012

(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply

OPEN ENROLLMENT (Removal From the List of LEAs)

Item W-2 General (DOC)

Subject: Request by ten local educational agencies to waive California Education Code Section 48352(a) and California Code of Regulations Title 5, Section 4701, to remove their schools from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.

Waiver Numbers:

  • Capistrano Unified School District 15-1-2012
  • Caruthers Unified School District 37-12-2011
  • Conejo Valley Unified School District 95-1-2012
  • Conejo Valley Unified School District 96-1-2012
  • Evergreen Elementary School District 3-12-2011
  • Fortuna Union Elementary School District 32-11-2011
  • Newhall School District 85-12-2011
  • Pacific Union Elementary School District 24-1-2012
  • Rohnerville Elementary School District 1-1-2012
  • Red Bluff Union Elementary School District 33-1-2012
  • San Antonio Union Elementary School District 48-1-2012

(Recommended for APPROVAL WITH CONDITIONS)

INDEPENDENT STUDY PROGRAM (Pupil Teacher Ratio)

Item W-5 General (DOC)

Subject: Request by Orange County Department of Education for a renewal of the waiver of California Education Code Section 51745.6(a) the requirement that the independent study pupil-teacher ratio shall not exceed the equivalent ratio for all other programs operated by the high school or unified school district with the largest average daily attendance of pupils in that county. The Orange County Department of Education requests continuing an independent study ratio of 35:1.

Waiver Number: 131-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

PHYSICAL FITNESS TESTING (Physical Fitness Testing)

Item W-6 General (DOC)

Subject: Request by Fremont Unified School District to waive portions of the California Education Code Section 60800(a), relating to Physical Fitness Testing, specifically the testing window of February 1 through May 31 for grade nine students.

Waiver Number: 67-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

SPECIAL EDUCATION PROGRAM (Algebra I Requirement for Graduation)

Item W-7 Specific (DOC)

Subject: Request by four local educational agencies to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2011−12 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for 14 special education students based on Education Code Section 56101, the special education waiver authority.

Waiver Numbers:

  • Conejo Valley Unified School District 146-2-2012
  • Lindsay Unified School District 177-2-2012
  • Natomas Unified School District 141-2-2012
  • San Dieguito Union High School District 150-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-8 Specific (DOC)

Subject: Request by Alpine 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), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Kristen Kelly Blankenship is assigned to Alpine Elementary Shcool.

Waiver Number: 31-1-2012

(Recommended for APPROVAL WITH CONDITIONS)

SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))

Item W-9 General (DOC)

Subject: Request by 12 local educational agencies to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.

Waiver Numbers:

  • Butte County Office of Education 99-1-2012
  • Calexico Unified School District 130-2-2012
  • Cascade Union Elementary School District 34-11-2011
  • El Centro Elementary School District 118-2-2012
  • Imperial County Office of Education 127-2-2012
  • Imperial Unified School District 37-1-2012
  • Madera County Office of Education 27-12-2011
  • Meadows Union Elementary School District 97-1-2012
  • South Bay Union Elementary School District 81-2-2012
  • Tehama County Office of Education 23-1-2012
  • Woodland Joint Unified School District 82-12-2011
  • Yolo County Office of Education 71-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

STATE TESTING APPORTIONMENT REPORT (CAHSEE)

Item W-10 General (DOC)

Subject: Request by seven local educational agencies to waive the State Testing Apportionment Information Report deadline of December 31 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 1225(b)(2)(A) regarding the California High School Exit Examination; or Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program.

Waiver Numbers:

  • Coalinga-Huron Joint Unified School District 40-1-2012
  • Culver City Unified School District 43-1-2012
  • Fairfield-Suisun Unified School District 80-2-2012
  • Live Oak Elementary School District 154-2-2012
  • Santa Cruz City Elementary School District 69-1-2012
  • Santa Cruz City High School District 66-1-2012
  • Sutter County Office of Education 116-2-2012

(Recommended for APPROVAL)

SUFFICIENCY OF INSTRUCTIONAL MATERIALS - EC 60119 (Meeting Held within School Hours)

Item W-11 Specific (DOC)

Subject: Request by Mono County Office of Education under the authority of California Education Code Section 41344.3 to waive Education Code Section 60119 and the resulting audit penalty of $26,106 regarding the annual public hearing and board resolution on the availability of textbooks and instructional materials for fiscal year 2010–11 and 2011–12. Mono County Office of Education’s public hearings were not held at a time that encouraged the attendance of teachers, parents, and guardians of pupils. The hearings were held immediately following school hours.

Waiver Number: 185-2-2012

(Recommended for APPROVAL)

INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Charter - Minimum Instructional Time)

Item W-12 Specific (DOC)

Subject: Request by Albert Einstein Academy for Letter, Arts, and Sciences under the authority of California Education Code Section 47612.6(a) to waive Education Code Section 47612.5 (c), the audit penalty for offering less instructional time in the 2010-11 fiscal year for students in grade nine (shortfall of 7,824 minutes).

Waiver Number: 155-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-13 General (DOC)

Subject: Request by two districts, under the authority of California Education Code Section 33050, to waive all portions of California Education Code sections 17473 and 17474 and portions of 17466, 17472, and 17475, and one of the two districts to waive portions of 17455 relating to the sale and lease of surplus property. Approval of these waivers will allow the districts to lease or sell property using a “request for proposal process”, thereby maximizing the proceeds from the sale or lease of the properties.

Waiver Numbers:

  • Orange Unified School District 91-2-2012
  • Alhambra Unified School District 169-2-2012
  • Alhambra Unified School District 170-2-2012
  • Alhambra Unified School District 171-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-14 General (DOC)

Subject: Request by Richland Elementary School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas.

Waiver Number: 3-1-2012

(Recommended for APPROVAL)

SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-15 General (DOC)

Subject: Request by Oak Run 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: 19-1-2012

(Recommended for APPROVAL)

SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-16 General (DOC)

Subject: Request by Gateway Unified School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas and to reduce the number of governing board members from seven to five.

Waiver Number: 123-1-2012

(Recommended for APPROVAL)

SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-17 General (DOC)

Subject: Request by Sierra Sands Unified School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to eliminate trustee areas and to reduce the number of governing board members from seven to five.

Waiver Number: 157-2-2012

(Recommended for APPROVAL)

SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-18 General (DOC)

Subject: Request by Madera County Office of Education to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas for the following seven districts.

  • Alview-Dairyland Union Elementary
  • Bass Lake Joint Union Elementary
  • Chawanakee Unified
  • Chowchilla Elementary
  • Chowchilla Union High
  • Golden Valley Unified
  • Yosemite Unified

Waiver Number: 172-2-2012

(Recommended for APPROVAL)

SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-19 General (DOC)

Subject: Request by 10 districts to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas.

Waiver Numbers:

  • Bakersfield City 143-1-2012
  • Escalon Unified 21-1-2012
  • Escondido Union High 85-2-2012
  • Esparto Unified 32-1-2012
  • Greenfield Union Elementary 6-1-2012
  • Gustine Unified 2-3-2012
  • Kern Union High 2-1-2012
  • Lake Elsinore Unified 4-1-2012
  • Panama-Buena Vista Union Elem. 144-1-2012
  • Winters Joint Unified 26-1-2012

(Recommended for APPROVAL)

SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)

Item W-20 General (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:

  • Butteville Union Elementary 98-2-2012
  • Garfield Elementary 62-1-2012
  • Marysville Joint Unified 30-1-2012
  • Mt. Shasta Union Elementary 16-1-2012
  • Mt. Shasta Union Elementary 17-1-2012
  • San Diego County Office of Education 70-2-2012
  • Shasta County Office of Education 5-1-2012
  • Temple City Unified 18-1-2012

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-21 General (DOC)

Subject: Request by the Imperial County Office of Education to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Krystle Padilla, to continue to provide services to students until June 30, 2012, under a remediation plan to complete those minimum qualifications.

Waiver Number: 106-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

STATE MEAL MANDATE (Summer School Session)

Item W-22 Specific (DOC)

Subject: Request by seven school districts under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the summer school session.

Waiver Numbers:

  • Eastern Sierra Unified 34-1-2012
  • Liberty Elementary School District 79-2-2012
  • McCabe Union Elementary School District 101-1-2012
  • Midway Elementary School District 109-2-2012
  • Sierra-Plumas Joint Unified School District 89-2-2012
  • Solvang Elementary School District 100-1-2012
  • Wiseburn Elementary School District 39-1-2012

(Recommended for APPROVAL)

STATE MEAL MANDATE (Summer School Session)

Item W-23 Specific - WITHDRAWN BY THE DISTRICT

Subject: Request by Burlingame Elementary School District under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the summer school session.

Waiver Number: 8-3-2012

(Recommended for DENIAL)

STATE MEAL MANDATE (Summer School Session)

Item W-24 Specific (DOC)

Subject: Request by Kingsburg Joint Union High School District under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the summer school session for Kingsburg High School.

Waiver Number: 24-3-2012

(Recommended for DENIAL)

OTHER WAIVERS (Other Waivers)

Item W-26 General (DOC)

Subject: Request by Mt. Diablo Unified School District to waive California Education Code Section 47660 regarding the impact of Clayton Valley Charter High School Funding.

Waiver Number: 136-2-2012

(Recommended for DENIAL)

PRINCIPAL EVALUATION AND ASSESSMENT (Extend Timeline of Evaluation)

Item W-27 General (DOC)

Subject: Request by two districts to waive California Education Code Section 44663(b) evaluation dates of June 30 and July 30 for non-instructional certificated employees so that Standardized Testing and Reporting test results for the year may be included in the evaluation criteria for those management employees.

Waiver Numbers:

  • Lincoln Unified School District 94-1-2012
  • Pomona Unified School District 25-1-2012

(Recommended for DENIAL)

STATE MEAL MANDATE (Summer School Session)

Item W-31 Specific (DOC)

Subject: Request by three school districts under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the summer school session.

Waiver Numbers:

  • Modesto City School District 36-3-2012
  • Santa Paula High School District 1-4-2012
  • Snowline Joint Unified School District 30-3-2012

(Recommended for APPROVAL)

*** END OF WAIVERS ***

*** ADJOURNMENT OF DAY’S SESSION ***

Public Session

May 10, 2012

Thursday, May 10, 2012 – 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

Closed Session

Communications

Announcements

REPORT OF THE STATE SUPERINTENDENT

SPECIAL PRESENTATIONS
Public notice is hereby given that special presentations for informational purposes may take place during this session.

AGENDA ITEMS

Item 13 (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 office budget, staffing, 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 14 (DOC)

Subject: Elementary and Secondary Education Act: Discussion and Possible Recommendation to Waive Selected Provisions of the Elementary and Secondary Education Act Pursuant to Section 9401.

Type of Action: Action, Information

Item 15 (DOC)

Subject: California High School Exit Examination: Adoption of the Streamlined Waiver Policy for Waiving the California High School Exit Examination Requirement for Eligible Students with Disabilities.

Type of Action: Action, Information

Item 16 (DOC)

Subject: Elementary and Secondary Education Act Update: School Improvement Grant: Approval of Applications by Cohort 1 Local Educational Agencies and Schools Receiving Sub-Grants Under Section 1003(g) for a Waiver of the Timeline to Develop and Implement Teacher and Principal Evaluation Systems That Meet Certain Requirements During the First Year a School is Implementing the Transformation Model.

Type of Action: Action, Information

*** PUBLIC HEARING ***

A Public Hearing on the following agenda item will commence no earlier than 10:00 a.m. on Thursday, May 10, 2012. The Public Hearing will be held as close to 10:00 a.m. or upon adjournment of Closed Session if held, as the business of the State Board permits.

Item 17 (DOC)

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Hold a Public Hearing to Consider the Multicultural Achievement Technology Teaching & Innovative Experiences Academy of Change, Which Was Denied by the Los Angeles Unified School District Board of Education and the Los Angeles County Office of Education Board of Education.

Type of Action: Action, Information, Hearing

*** END OF PUBLIC HEARING ***

Item 18 (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, and California Code of Regulations, Title 5, Section 11963.6(g).

Type of Action: Action, Information

*** PUBLIC HEARINGS***

Public Hearings on the following agenda items will commence no earlier than 1:00 p.m. on Thursday, May 10, 2012. The Public Hearings will be held as close to 1:00 p.m. or upon adjournment of Closed Session if held, as the business of the State Board permits.

Item 19 (DOC)

Subject: Long Valley Charter School: Hold a Public Hearing and Consider Revocation Pursuant to California Education Code Section 47607(e).

Type of Action: Action, Information, Hearing

Item 20 (DOC)

Subject: Environmental Effect of the Proposed Unification of the Santa Paula Union High School District and the Santa Paula Elementary School District in Ventura County.

Type of Action: Action, Information, Hearing

Item 21 (DOC; 5MB)

Subject: Proposed Unification of the Santa Paula Union High School District and the Santa Paula Elementary School District in Ventura County.

Type of Action: Action, Information, Hearing

*** END OF PUBLIC HEARINGS ***

*** WAIVERS ***

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.

OPEN ENROLLMENT (Removal From the List of LEAs)

Item W-3 General (DOC)

Subject: Request by four local educational agencies to waive California Education Code Section 48352(a) and California Code of Regulations Title 5, Section 4701 to remove their schools from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.

Waiver Numbers:

  • Fowler Unified School District 2-12-2011
  • Grass Valley Elementary School District 41-12-2011
  • Savanna Elementary School District 10-11-2011
  • Yucaipa-Calimesa Joint Unified School District 15-11-2011
  • Yucaipa-Calimesa Joint Unified School District 28-12-2011

(Recommended for APPROVAL WITH CONDITIONS)

OPEN ENROLLMENT (Removal From the List of LEAs)

Item W-4 General (DOC)

Subject: Request by Linden Unified School District to waive California Education Code Section 48352(a) and California Code of Regulations Title 5, Section 4701, to remove Glenwood Elementary School from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.

Waiver Number: Linden Unified School District 22-1-2012

(Recommended for APPROVAL WITH CONDITIONS)

OPEN ENROLLMENT (Removal From the List of LEAs)

Item W-25 General (DOC)

Subject: Request by Fremont Unified School District to waive California Education Code Section 48352(a) and California Code of Regulations Title 5, Section 4701, to remove Robertson High School from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.

Waiver Number: Fremont Unified School District 148-2-2012

(Recommended for DENIAL)

CLASS SIZE PENALTIES (Over limit on Kindergarten - Grade 3)

Item W-28 Specific (DOC)

Subject: Request by 10 districts, under the authority of California Education Code Section 41382, to waive portions of 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:

  • Barstow Unified School District 29-1-2012
  • Central Elementary School District 120-2-2012
  • Etiwanda Elementary School District 84-2-2012
  • Fullerton Elementary School District 86-2-2012
  • La Mesa-Spring Valley School District 108-2-2012
  • Orange Unified School District 92-2-2012
  • Romoland Elementary School District 129-2-2012
  • Upland Unified School District 167-2-2012
  • Victor Elementary School District 133-2-2012
  • Willows Unified School District 45-1-2012

(Recommended for APPROVAL WITH CONDITIONS)

CLASS SIZE PENALTIES (Over Limit on Grades 4-8)

Item W-29 General (DOC)

Subject: Request by nine districts to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. A district’s current class size maximum is the greater of the 1964 statewide average of 29.9 to one or the district’s 1964 average.

Waiver Numbers:

  • Berryessa Union Elementary School District 107-2-2012
  • Central Elementary School District 121-2-2012
  • Fullerton Elementary School District 87-2-2012
  • Hemet Unified School District 65-1-2012
  • Orange Unified School District 93-2-2012
  • Romoland Elementary School District 126-2-2012
  • Upland Unified School District 151-2-2012
  • Victor Elementary School District 134-2-2012
  • Willows Unified School District 46-1-2012

(Recommended for APPROVAL WITH CONDITIONS)

CLASS SIZE PENALTIES (Over Limit on Grades 4-8)

Item W-30 General (DOC)

Subject: Request by three districts to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. A district’s current class size maximum is the greater of the 1964 statewide average of 29.9 to one or the district’s 1964 average.

Waiver Numbers:

  • Banning Unified School District 110-2-2012
  • Eureka Union School District 137-2-2012
  • Lodi Unified School District 122-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

QUALITY EDUCATION INVESTMENT ACT (Class Size Reduction Requirements)

Item W-32 General (DOC)

Subject: Request by eleven local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act.

Waiver Numbers:

  • Capistrano Unified 38-1-2012
  • Lynwood Unified 179-2-2012
  • Lynwood Unified 181-2-2012
  • Oakland Unified 50-2-2012
  • Oakland Unified 52-2-2012
  • Oakland Unified 55-2-2012
  • Oakland Unified 56-2-2012
  • Oakland Unified 58-2-2012
  • Oakland Unified 60-2-2012
  • Pajaro Valley Unified 74-2-2012
  • Pajaro Valley Unified 75-2-2012
  • Pajaro Valley Unified 78-2-2012
  • Romoland Elementary 128-2-2012
  • Sacramento City Unified 102-1-2012
  • Sacramento City Unified 103-1-2012
  • Sacramento City Unified 104-2-2012
  • Sacramento City Unified 105-2-2012
  • San Bernardino City Unified 112-2-2012
  • San Francisco Unified 159-2-2012
  • San Francisco Unified 160-2-2012
  • San Francisco Unified 162-2-2012
  • San Francisco Unified 163-2-2012
  • San Francisco Unified 165-2-2012
  • Santa Ana Unified 173-2-2012
  • Santa Ana Unified 174-2-2012
  • Santa Ana Unified 175-2-2012
  • Santa Ana Unified 176-2-2012
  • Santa Paula Elementary 183-2-2012
  • West Contra Costa Unified 125-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

QUALITY EDUCATION INVESTMENT ACT (Teacher Experience Index)

Item W-33 General (DOC)

Subject: Request by five local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding the Teacher Experience Index under the Quality Education Investment Act.

Waiver Numbers:

  • Lucerne Valley Unified 139-2-2012
  • Madera Unified 68-1-2012
  • Oakland Unified 54-2-2012
  • Oakland Unified 57-2-2012
  • San Francisco Unified 164-2-2012
  • West Contra Costa Unified 124-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

QUALITY EDUCATION INVESTMENT ACT (Williams Settlement)

Item W-34 General (DOC)

Subject: Request by three local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding Highly Qualified Teachers and/or the Williams case settlement requirements under the Quality Education Investment Act.

Waiver Numbers:

  • Lynwood Unified 178-2-2012
  • Lynwood Unified 180-2-2012
  • Lynwood Unified 182-2-2012
  • Sacramento City Unified 11-3-2012
  • San Bernardino City Unified 113-2-2012
  • San Bernardino City Unified 114-2-2012
  • San Bernardino City Unified 115-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

QUALITY EDUCATION INVESTMENT ACT (API Growth Target)

Item W-35 General (DOC)

Subject: Request by three local educational agencies to waive portions of California Education Code Section 52055.740(a)(5), regarding the Academic Performance Index under the Quality Education Investment Act.

Waiver Numbers:

  • Antioch Unified 156-2-2012
  • Pajaro Valley Unified 71-2-2012
  • Pajaro Valley Unified 72-2-2012
  • San Francisco Unified 158-2-2012
  • San Francisco Unified 161-2-2012
  • San Francisco Unified 166-2-2012

(Recommended for DENIAL)

QUALITY EDUCATION INVESTMENT ACT (API Growth Target)

Item W-36 (DOC)

Subject: Request by Grossmont Union High School District to waive portions of California Education Code Section 52055.760(c)(3), regarding alternative program and Academic Performance Index requirements under the Quality Education Investment Act.

Waiver Number: 55-12-2011

(Recommended for DENIAL)

QUALITY EDUCATION INVESTMENT ACT (Money to follow students)

Item W-37 (DOC)

Subject: Request by Farmersville Unified School District to waive California Education Code Section 52055.750(a)(9) regarding funds expenditure requirements under the Quality Education Investment Act in order to allow funds from Farmersville Junior High School to follow its grade six class that will be transferring to Freedom Elementary School.

Waiver Number: 149-2-2012

(Recommended for DENIAL)

QUALITY EDUCATION INVESTMENT ACT (Class Size Reduction Requirements)

Item W-38 (DOC)

Subject: Request by three local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act.

Waiver Numbers:

  • Oakland Unified 59-2-2012
  • Pajaro Valley Unified 73-2-2012
  • Pajaro Valley Unified 76-2-2012
  • Pajaro Valley Unified 77-2-2012
  • Rialto Unified 135-2-2012
  • Rialto Unified 142-2-2012

(Recommended for DENIAL)

*** END OF WAIVERS ***

Item 22 (DOC)

Subject: 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 (DOC)

Subject: Request by Napa Valley Unified School District regarding California Education Code sections 17515 through 17526, Joint Public/Private Occupancy Proposal, allowing the Napa Valley Unified School District and Napa Valley College to enter into leases and agreements relating to real property and buildings to be used jointly by the District and Napa Valley College.

Type of Action: Action, Information

Item 24 (DOC)

Subject: Approval of 2011–12 Consolidated Applications.

Type of Action: Action, Information

Item 25 (DOC)

Subject: Elementary and Secondary Education Act: Approval of Local Educational Agency Plans, Title I, Section 1112.

Type of Action: Action, Information

Item 26 (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.

Type of Action: Action, Information

Item 27 (DOC)

Subject: Consideration of Requests for Determination of Funding for Prior Years as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2, and California Code of Regulations Title 5 Section 11963.4(c).

Type of Action: Action, Information

Item 28 (DOC)

Subject: Assignment of Numbers for Charter School Petitions.

Type of Action: Action, Information

Item 29 (DOC)

Subject: State Instructional Materials Fund—Approve Tentative Encumbrances and Allocations for Fiscal Year 2012–13.

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; fax 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, materials must be received by 12:00 p.m. on the Monday before the meeting.

Questions: State Board of Education | sbe@cde.ca.gov | 916-319-0827 
Last Reviewed: Tuesday, September 13, 2022
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