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Agenda--August 2, 2010

Agenda and other related materials for the California State Board of Education (SBE) meeting to be held on August 2, 2010.
State Board Members

Ted Mitchell, President
Ruth Bloom, Vice President

Alan Arkatov
James Aschwanden
Benjamin Austin
Yvonne Chan
Gregory Jones
David Lopez
Johnathan Williams

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Theresa Garcia

Schedule of Meeting Location

Monday, August 2, 2010
10:00 a.m. Pacific Time +

STATE BOARD OF EDUCATION
Closed Session – IF NECESSARY
(The public may not attend)

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

The Closed Session (1) may commence earlier than 10:00 a.m.; (2) may begin at or before10:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 10:00 a.m.

CLOSED SESSION AGENDA

Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation 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 Superior Court, Case No. CPF-09-50968
  • California School Boards Association, et al. v. California State Board of Education and Aspire Public Schools, Inc. Alameda Superior Court, Case No. 07353566
  • California School Boards Association, et al. v. California State Board of Education, et al.  Sacramento Superior Court, Case No. 34-2008-00016957
  • 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. 34-200800021188-CU-MC-GDS
  • Coachella Valley Unified School District, et.al., v. State of California, et.al. Case No. CPF-05-505334
  • Emma C., et al. v. Delaine Eastin, et al., United States District Court, Northern District of California, 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 / 03CS01079 and related appeal
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C 05 4077 MMC
  • Kidd, et al., Jack O’Connell, State Board of Education, et al., Superior Court of California, County of Alameda, Case No. 2002049636
  • Opportunity for Learning – PB, LLC; Opportunities for Learning – C, LLC, and Opportunities for Learning WSH, LLC Notice of Appeal Before the Education Audit Appeals Panel
  • Options for Youth, et al., v. California Department of Education, et al., Los Angeles Superior Court Case No. BC 347454
  • Options of Youth, - Burbank, Inc., San Gabriel, Inc., Upland, Inc., and Victor Valley  Notice of Appeal Before the Education Audit Appeals Panel, OAH #2006100966
  • Perris Union High School District v. California State Board of Education, California Department of Education, et al., Riverside Superior Court Case No. RIC520862
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • 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 Superior Court, Case No. BC432420
  • Rocklin Unified School District v. California State Board of Education, Sacramento County Superior Court, Case No. 34-2009-80000220
  • Today’s Fresh Start, Inc., v. Los Angeles County Office of Education, et al., Los Angeles County Superior Court, Case No. BS112656
  • Valenzuela, et al., v. Jack O’Connell, et al., Alameda Superior Court, Case No. JCCP 4468
  • Case Name Unspecified: Disclosure of case names would jeopardize existing settlement negotiations

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

Monday, August 2, 2010
10:00 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
916-319-0827

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

Please see Closed Session Agenda above. The Closed Session (1) may commence earlier than 10:00 a.m.; (2) may begin at or before 10:00 a.m., be recessed, and then be reconvened later in the day; or (3) may be commenced later than 10:00 a.m.

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

August 2, 2010

Wednesday, August 2, 2010 – 10:00 a.m.. Pacific Time +
(Upon adjournment of Closed Session if held)

California Department of Education
1430 N Street, Room 1101
Sacramento, California

Call to Order

Salute to the Flag

CLOSED SESSION

Communications

Announcements

AGENDA ITEMS

Item 1 (DOC; 142KB; 4pp.)

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; update on litigation; bylaw review and revision; Board policy; Approval of minutes; Board Liaison Reports, and other matters of interest

Type of Action: Action, Information

Item 2 (DOC; 57KB; 1p.)

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 3 (DOC; 77KB; 4pp.)

Subject: Consideration of the California Academic Content Standards Commission’s Recommendation to Adopt the Common Core Standards, Including California Specific Standards

Type of Action: Action, Information

Item 4 (DOC; 346KB; 35pp.)

Subject: Elementary and Secondary Education Act: School Improvement Grant: Approval of Funding of Local Educational Agencies and Schools for the 2009–10 School Improvement Grant Sub-Grants Under Section 1003(g).

Type of Action: Action, Information

Item 5 (DOC; 56KB; 2pp.)

Subject: Open Enrollment Act–Emergency Regulations for Additions to the California Code of Regulations, Title 5, If Necessary Due to Any Action by the Office of Administrative Law

Type of Action: Action, Information

Item 6 (DOC; 58KB; 2pp.)

Subject: Parent Empowerment—Emergency Regulations for Additions to the California Code of Regulations, Title 5, If Necessary Due to Any Action by the Office of Administrative Law

Type of Action: Action, Information

Item 7 (DOC; 67KB; 3pp.)

Subject: Assignment of Numbers for Charter School Petitions

Type of Action: Action, Information

Item 8 (DOC; 95KB; 4pp.)

Subject: Elementary and Secondary Education Act: Approval of Local Educational Agency Plan, Title I, Section 1112: Alain Leroy Locke Charter High School

Type of Action: Action, Information

Item 9 (DOC; 88KB; 3pp.)

Subject: Approval of 2009–10 Consolidated Application: Animo Locke ACE Academy

Type of Action: Action, Information

NON-CONSENT (ACTION)

The following agenda items include waivers that CDE staff has identified as potentially having opposition, recommended for denial, or presenting new or unusual issues that should be considered by the State Board. 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.

WAIVERS SCHEDULED FOR JULY 2010 SBE MEETING BUT NOT HEARD

Class Size Penalties (Over Limit on Grades 4-8)

Item W-1-General (DOC; 75KB; 3pp.)

Subject: Request by Berryessa Union Elementary School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the average to 32 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 24-5-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-2-General (DOC; 74KB; 3pp.)

Subject: Request by El Segundo Unified School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the average to 36 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 27-5-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-3-General (DOC; 78KB; 3pp.)

Subject: Request by Huntington Beach City Elementary School District to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the average to 32 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 58-4-2010)

(Recommended for APPROVAL WITH CONDITIONS)

Item W-4-General (DOC; 75KB; 3pp.)

Subject: Request by Oceanside Unified School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 29.9 to one and the district requests to increase the average to 32 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 51-4-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-5-General (DOC; 78KB; 3pp.)

Subject: Request by San Marino Unified School District to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. The district’s current class size maximum is an average of 30.1 to one and the district requests to increase the average to 39 to one, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 62-3-2010 

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-6-General (DOC; 80KB; 4pp.)

Subject: Request by Meadows Union Elementary School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at Meadows Elementary School (requesting 20.4:1 ratio on average in grade five).

Waiver Number: 36-3-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-7-General (DOC; 77KB; 3pp.)

Subject: Request by Anaheim Union High School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at Anaheim High School (requesting 23:1 ratio on average in grade nine).

Waiver Number: 62-4-2010

(Recommended for DENIAL)

State Meal Mandate (Saturday School Session)

Item W-8-General (DOC; 77KB; 4pp.)

Subject: Request by Lone Pine Unified School District to waive California Education Code Section 49550 the requirement that needy pupils be provided a nutritionally adequate free or reduced-price meal during each school day (State Meal Mandate) including classes conducted on Saturdays.

Waiver Number: 25-3-2010

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

Class Size Penalties (Over limit on Grades Kindergarten - 3)

Item W-9-Specific (DOC; 76KB; 3pp.)

Subject: Request by San Marino Unified 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 grades kindergarten through three. For kindergarten, the allowable class size average is 31 to one with no class larger than 33. For grades one to three, the allowable class size average is 30 to one with no class larger than 32. The district requests to increase its maximum overall average to 34 and its maximum individual class size to 35 to one for grades kindergarten through three, prospectively (2010-11 and 2011-12 fiscal years).

Waiver Number: 61-3-2010

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-10-Specific (DOC; 76KB; 3pp.)

Subject: Request by Lowell Joint School District, under the authority of California Education Code Section 41382, to waive portions of Education Code Section 41376 (a), (c), and (d), relating to class size penalties for grades one through three. The allowable class size average is 30 to one with no class larger than 32. The district requests to increase its maximum overall average and individual class size to 34, prospectively (2010-11 and 2011-12 fiscal years). 

Waiver Number: 33-4-2010

(Recommended for APPROVAL WITH CONDITIONS)

Instructional Time Requirement Audit Penalty (Charter - Minimum Instructional Time)

Item W-11-Specific (DOC; 75KB; 2pp.)

Subject: Request by Academia Avance Charter School 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 2007-08  fiscal year for students in grade nine (shortfall of 4,300 minutes).

Waiver Number: 48-4-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-12-Specific (DOC; 77KB; 3pp.)

Subject: Request by Oakland Charter High School 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 2008-09 fiscal year for students in grades nine through eleven (shortfall of 2,640 minutes).

Waiver Number: 11-4-2010

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Resource Teacher Caseload)

Item W-13-Specific (DOC; 68KB; 2pp.)

Subject: Request by Eastside 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). Dawn Fox is assigned at Columbia Elementary School.

Waiver Number: 24-3-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-14-Specific (DOC; 66KB; 2pp.)

Subject: Request by Rio Dell 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). Jennifer Cooper is assigned at Eagle Prairie Elementary School and Monument Middle School.

Waiver Number: 26-5-2010

(Recommended for DENIAL)

WAIVER REQUEST CONSENT MATTERS

The following agenda items satisfy criteria for approving a waiver of that type based on a previously-adopted State Board of Education waiver policy or have waiver evaluation criteria that are in Education Code or in the California Code of Regulations, Title 5.

Charter School Program (ADA-to-Teacher Ratio)

Item WC-1-General (DOC; 81KB; 3pp.)

Subject: Request by Oceanside Unified School District to waive portions of California Education Code Section 51745.6, and California Code of Regulations, Title 5, sections 11704, and portions of 11963.4(a)(3), related to charter school independent study pupil-to-teacher ratios to allow an increase from a 25:1 to a 27.5:1 pupil-to-teacher ratio at Pacific View Charter School.

Waiver Number: 20-12-2009

(Recommended for APPROVAL WITH CONDITIONS)

Physical Education Program (Block Schedules)

Item WC-2-General (DOC; 93KB; 4pp.)

Subject: Request by Woodland Joint Unified School District for a renewal to waive portions of California Education Code Section 51222(a), the statutory minimum requirement of 400 minutes of physical education required each ten school days for students in grades nine through twelve in order to implement a block schedule at Pioneer High School.

Waiver Number: 29-5-2010

(Recommended for APPROVAL)

Quality Education Investment Act (Class Size Reduction Requirements)

Item WC-3-General (DOC; 78KB; 4pp.)

Subject: Request by Napa Valley Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at Pueblo Vista Elementary School (requesting 24:1 ratio on average for all classes at the school).

Waiver Number: 44-3-2010

(Consent due to SBE Streamlined Waiver Policy Only)

(Recommended for APPROVAL WITH CONDITIONS)

NON-CONSENT (ACTION)

The following agenda items include waivers that CDE staff has identified as potentially having opposition, recommended for denial, or presenting new or unusual issues that should be considered by the State Board. 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 (Reduced Charter Year by Five Days or Less)

Item W-15-General (DOC; 75KB; 3pp.)

Subject: Request by Nevada County Office of Education to waive California Code of Regulations, Title 5, Section 11960(b), to allow Bitney College Preparatory High School to reduce the charter school year to less than 175 days without a fiscal penalty.

Waiver Number: 49-4-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-16-General (DOC; 74KB; 2pp.)

Subject: Request by Nevada County Office of Education to waive California Code of Regulations, Title 5, Section 11960(b), to allow Nevada City School of the Arts to reduce the charter school year to less than 175 days without a fiscal penalty.

Waiver Number: 56-4-2010

(Recommended for APPROVAL WITH CONDITIONS)

Item W-17-General (DOC; 74KB; 3pp.)

Subject: Request by Nevada County Office of Education to waive California Code of Regulations, Title 5, Section 11960(b) to allow Yuba River Charter School to reduce the charter school year to less than 175 days without a fiscal penalty.

Waiver Number: 57-4-2010

(Recommended for APPROVAL WITH CONDITIONS)

EMPLOYMENT - RETIREMENT SYSTEM

Item W-18-General (DOC; 74KB; 2pp.)

Subject: Request by West County Transportation  Agency to waive California Education Code Section 45134(c), to allow the employment of a State Teachers Retirement System retiree as a classified school bus driver.

Waiver Number: 7-6-2010

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

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

Item W-19-Specific (DOC; 83KB; 4pp.)

Subject: Request by Imperial County Office of Education for a renewal waiver of 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 Lucia Rascon, Esther Silvas, and Magdaleno Rene Gonzalez to continue to provide services to students under a remediation plan to complete those minimum qualifications.

Waiver Number: 13-5-2010, 14-5-2010, 15-5-2010

(Recommended for DENIAL)

***ADJOURNMENT OF DAY’S SESSION***

***ADJOURNMENT OF MEETING***

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. To be added to the speaker’s list, please fax or mail your written request to the above-referenced address/fax number. This agenda is posted on the State Board of Education’s Web site [http://www.cde.ca.gov/be/ag/].

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