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SBE Agenda for September 2012

Agenda for the California State Board of Education (SBE) meeting on September 13, 2012.
State Board Members

Michael W. Kirst, President
Trish Williams, Vice President

Carl Cohn
Bruce Holaday
Aida Molina
James C. Ramos
Patricia A. Rucker
Ilene W. Straus
Josephine Kao, Student Member
Vacancy
Vacancy

Secretary & Executive Officer

Hon. Tom Torlakson

Executive Director

Susan K. Burr

Schedule of Meeting

Location

Thursday, September 13, 2012 8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
Public Session, adjourn to Closed Session – IF NECESSARY. 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 or before 8:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30a.m.

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

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 et al. v. State of California, Tom Torlakson, the California Department of Education, the State Board of Education, Dinuba Unified School District, Sacramento County Superior Court, Case No. 34-2012-80001164
  • 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
  • Graham et al. v the State Board of Education, the California Department of Education, Jack O’Connell, Fred Balcom, Tom Torlakson, Los Angeles County Superior Court, Case No. BC482694
  • 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
  • Stoner Park Community Advocates v. City of Los Angeles, Department of Planning of the City of Los Angeles, Department of Transportation City of Los Angeles (Respondents) and New West Charter Middle School, State Board of Education (Real Parties in Interest), Los Angeles County Superior Court, Case No. BS138051
  • 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

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, September 13, 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

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 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

September 13, 2012

Thursday, September 13, 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: 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.  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 2 (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 3 (DOC)

Subject: Adoption of the English Language Development Standards for California Public Schools, Kindergarten through Grade Twelve.

Type of Action: Action, Information

Item 4 (DOC)

Subject: Update on the Activities of the California Department of Education Regarding the Development of the Superintendent’s Recommendations on the Future Assessment System in California.

Type of Action: Information

Item 5 (DOC)

Subject: Standardized Testing and Reporting Program: One-Year Extension of Educational Testing Service Contract.

Type of Action: Action, Information

Item 6 (DOC)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Programs, Including but not Limited to the Race to the Top Local Educational Agency Application.

Type of Action: Action, Information

Item 7 (DOC)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Provider: Removal of Providers from the 2011–13 Approval List for Failure to Meet Contractual Terms with One or More Local Educational Agencies.

Type of Action: Action, Information

Item 8 (DOC; 3MB)

Subject: Administration of Epilepsy Medication—Adopt the Proposed Regulations for Additions to the California Code of Regulations, Title 5, Sections 620–627.

Type of Action: Action

Item 9 (DOC; 1MB)

Subject: Administration of Epilepsy Medication—Approve the Request for Readoption of the Emergency Regulations for Additions to the California Code of Regulations, Title 5, Sections 620–627.

Type of Action: Action

Revised Item 10 (DOC; Posted 05-Sep-2012)

Item 10 (DOC)

Subject: Public Charter Schools Grant Program: Revision of the Public Charter Schools Grant Program Request for Applications.

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-01 (DOC)

Subject: Request by Mountain Empire Unified School District to waive portions of 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: 10-5-2012

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

FEDERAL PROGRAM WAIVER (Carl D. Perkins Vocational and Career Technical Education Improvement Act of 2006)

Item W-02 (DOC)

Subject: Request by six 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:    

  • Colusa Unified School District Fed-07-2012
  • Mountain Valley Unified School District Fed-03-2012
  • Santa Ynez Valley Union High School District Fed-04-2012
  • Scott Valley Unified School District Fed-05-2012
  • Trinity Alps Unified School District Fed-02-2012
  • Upper Lake Union High School District Fed-01-2012

(Recommended for APPROVAL)

SPECIAL EDUCATION PROGRAM (Algebra I Requirement for Graduation)

Item W-03 (DOC)

Subject: Request by three 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 three special education students based on Education Code Section 56101, the special education waiver authority.

Waiver Numbers: 

  • Conejo Valley Unified School District 28-6-2012
  • Humboldt County Office of Education 24-5-2012
  • Suthern Trinity Joint Unified School District 10-6-2012                          

(Recommended for APPROVAL WITH CONDITIONS)

OUT-OF-STATE USE OF FUNDS AND TRANSPORTATION ALLOWANCES

Item W-04 (DOC)

Subject: Request by Big Springs Union Elementary 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 to Oregon to attend curricular and extracurricular trips/events.

Waiver Number: 8-6-2012

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

STATE TESTING APPORTIONMENT REPORT

Item W-05 (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: 

  • Fountain Valley Elementary School District 35-5-2012
  • Lawndale Elementary School District 36-5-2012
  • Montebello Unified School District 20-6-2012
  • San Rafael City Elementary School District 21-5-2012
  • San Rafael City High School District 20-5-2012
  • Scott Valley Unified School District 22-5-2102
  • Thermalito Union Elementary School District 28-5-2012

(Recommended for APPROVAL)

COMMUNITY DAY SCHOOLS (CDS)

Item W-06 (DOC)

Subject: Request by two districts, under the authority of California Education Code Section 33050, to waive portions of California Education Code sections 48660 and 48916.1(d) relating to the allowable grade spans for community day schools.

Waiver Numbers:

  • Big Valley Joint Unified School District 14-5-2012
  • Fowler Unified School District 3-6-2012

(Recommended for APPROVAL WITH CONDITIONS)

EC 33051(b) will apply only to Big Valley Joint Unified School District.

EQUITY LENGTH OF TIME

Item W-07 (DOC)

Subject: Request by Tracy Joint Unified School District to waive Education Code Section 37202, the equity length of time requirement for South/West Park School and Gladys Poet-Christian Magnet School.

Waiver Numbers:

  • Tracy Joint Unified 30-6-2012
  • Tracy Joint Unified 31-6-2012

(Recommended for APPROVAL)

SCHOOLSITE COUNCIL STATUTE

Item W-08 (DOC)

Subject: Request by 12 local educational agencies under the authority of California Education Code Section 52863 for waivers of Education Code Section 52852, relating to school site councils regarding changes in shared, composition, or shared and composition members.

Waiver Numbers:    

  • Big Pine Unified 6-6-2012
  • Butte County Office of Education 9-5-2012
  • Delano Joint Union High 33-5-2012
  • Dunsmuir Elementary 21-6-2012
  • Greenfield Union 7-6-2012
  • Lassen View Union Elementary 31-5-2012
  • Lompoc Unified 7-5-2012
  • Mountain Empire Unified 46-6-2012
  • San Luis Obispo County Office of Education 16-6-2012
  • Stanislaus County Office of Education 5-5-2012
  • Trinity Center Elementary 23-5-2012
  • Trinity County Office of Education 39-5-2012

(Recommended for APPROVAL WITH CONDITIONS)

BOND INDEBTEDNESS

Item W-09 (DOC)

Subject: Request by Tehama County Office of Education to waive California Education Code Section 35573 to allow allocation of existing bonded indebtedness to be unaffected by lapsation of school districts.

Waiver Number: 19-6-2012

(Recommended for APPROVAL)

INSTRUCTIONAL MATERIALS FUNDING REALIGNMENT PROGRAM (IMFRP) (Petition to Purchase Special Education Non Adopted Material)

Item W-10 (DOC)

Subject: Request under California Education Code sections 60421(d) and 60200(g) by Los Angeles County Office of Education to purchase specified non-adopted instructional materials for severely disabled children using Instructional Materials Funding Realignment Program monies.

Waiver Number: 24-6-2012

(Recommended for APPROVAL)

INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Below 1982-83 Base Minimum Minutes)

Item W-11 (DOC)

Subject: Request by Golden Plains Unified School District under the authority of California Education Code Section 46206 to waive Education Code Section 46201(d) the audit penalty for offering less instructional time in the 2010–11 fiscal year for students in grades nine through twelve (shortfall of 775 minutes per grade).

Waiver Number: 32-4-2012

(Recommended for APPROVAL WITH CONDITIONS)

CLASS SIZE PENALTIES (Over Limit on Grades 1-3)

Item W-12 (DOC)

Subject: Request by sixteen 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:

  • Acton-Agua Dulce Unified School District 11-6-2012
  • Alvord Unified School District 22-6-2012
  • Chawanakee Unified School District 34-6-2012
  • Desert Sands Unified School District 17-5-2012
  • Desert Sands Unified School District 18-5-2012
  • Desert Sands Unified School District 33-6-2012
  • Folsom-Cordova Unified School District 47-6-2012
  • Garden Grove Unified School District 9-6-2012
  • Hayward Unified School District 25-6-2012
  • Hesperia Unified School District 29-6-2012
  • Huntington Beach City Elementary School District 1-6-2012
  • Maple Elementary School District 30-5-2012
  • Nevada City School District 15-6-2012
  • Ojai Unified School District 27-6-2012
  • Palo Verde Unified School District 32-5-2012
  • Pioneer Union Elementary School District 13-6-2012
  • Stanislaus Union Elementary School District 4-6-2012
  • Tracy Joint Unified School District 2-6-2012

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-13 (DOC)

Subject: Request by eight 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:

  • Chawanakee Unified School District 35-6-2012
  • Desert Sands Unified School District 16-5-2012
  • Garden Grove Unified School District 23-6-2012
  • Glendora Unified School District 15-5-2012
  • Nevada City Elementary School District 14-6-2012
  • Ojai Unified School District 26-6-2012
  • Orange Center Elementary School District 53-4-2012
  • Temple City Unified School District 17-6-2012

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-14 (DOC)

Subject: Request by Adelanto Elementary School District, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) and 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.

Wavier Number: 34-5-2012

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-15 (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:

  • Inglewood Unified School District 18-6-2012
  • Lincoln Unified School District 26-5-2012
  • Ramona City Unified School District 36-6-2012

(Recommended for APPROVAL WITH CONDITIONS)

QUALITY EDUCATION INVESTMENT ACT (Class Size Reduction Requirements)

Item W-16 (DOC)

Subject: Request by two 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:

  • Orange Unified 32-6-2012
  • Orange Unified 37-6-2012
  • Orange Unified 38-6-2012
  • Orange Unified 40-6-2012
  • Orange Unified 41-6-2012
  • Sacramento City Unified 104-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

QUALITY EDUCATION INVESTMENT ACT (Class Size Reduction Requirements)

Item W-17 (DOC)

Subject: Request by Keyes Union School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act.

Waiver Number: 27-5-2012

(Recommended for DENIAL)

*** END OF WAIVERS ***

Item 11 (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 12 (DOC)

Subject: Elementary and Secondary Education Act: Proposed Amendment to the Accountability Workbook for 2012.

Type of Action: Action, Information

Item 13 (DOC; 1MB)

Subject: Elementary and Secondary Education Act: Request for Federal Timeline Waiver for Local Educational Agencies to Postpone Mandatory Parental Notification of School Improvement Status until Accountability Progress Report Data are Available.

Type of Action: Action, Information

Item 14 (DOC)

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

Type of Action: Action, Information

Item 15 (DOC)

Subject: Approval of 2011–12 Consolidated Applications.

Type of Action: Action, Information

Item 16 (DOC)

Subject: Approval of 2012–13 Consolidated Applications.

Type of Action: Action, Information

Item 17 (DOC)

Subject: Assignment of Numbers for Charter School Petitions.

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; 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, 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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