Agenda--December 15, 2010

State Board Members

Ted Mitchell, President
Ruth Bloom, Vice President

Alan Arkatov
James Aschwanden
Benjamin Austin
Yvonne Chan
James Fang
Gregory Jones
David Lopez
Johnathan Williams
Connor Cushman, Student Member

Secretary & Executive Officer

Hon. Jack O’Connell

Executive Director

Nicolas Schweizer

The Closed Session (1) may commence earlier than 9:00 a.m.; (2) may begin at or before 9:00 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 9:00 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
• 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.

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

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

December 15, 2010

Wednesday, December 15, 2010 – 9:00 a.m. Pacific Time ±
(Upon adjournment of Closed Session if held) 

California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

Salute to the Flag

Closed Session

Communications

Announcements

REPORT OF THE SUPERINTENDENT

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

AGENDA ITEMS

Item 1

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 1 Attachment 1
• Item 1 Attachment 2

Item 2

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:  Action, Information

Item 3

Subject:  Elementary and Secondary Education Act: Recommended Options for Round Valley Unified School District: Identify Potential Trustees and Define Issues, Budget Control, and Any Decision-making Authorities that Are Impeding Student Academic Progress; or Appoint an Independent Trustee with Full Authority for Round Valley Unified School District.

Type of Action:  Action, Information

Item 4

Subject:  Parent Empowerment — Approve Commencement of 15-day Comment Period for Proposed Additions to the California Code of Regulations, Title 5, Sections 4800–4808.

Type of Action:  Action, Information

• Item 4 Attachment 1
• Item 4 Attachment 2
• Item 4 Attachment 3

Item 5

Subject:  Adopt Policy Guidance for Considering Streamlined Waiver Requests from Local Educational Agencies that Implement Countywide, Districtwide, or Pilot at Selected School Sites, and Use Teacher and Administrator Evaluation Systems to Inform all Employment Decisions.

Type of Action:  Action, Information

Item 6

Subject: Task Force on Nonclassroom-based Education Programs: Approval of Establishment, Membership, Charge, and Timeline.

Type of Action:  Action, Information

• Item 6 Addendum

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.

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

Item W-1 General

Subject: Request by Kings 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 pupils meet minimum qualifications as of July 1, 2009, to allow Britney Bettencourt to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Number: 2-10-2010

(Recommended for APPROVAL WITH CONDITIONS)

• Item W-1 Attachment 1

Item W-2 General

Subject: Request by Yolo 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 Tina Turner and Elissa Driver to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum qualifications.

Waiver Numbers: 4-10-2010 and 5-10-2010

(Recommended for DENIAL)

• Item W-2 Attachment 1
• Item W-2 Attachment 2

Item 7

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

Type of Action:  Action, Information

• Item 7 Attachment 1

Item 8

Subject: Appoint Richard Zeiger and Eugene Flores to positions in accordance with Article IX, Section 2.1 of the Constitution of the State of California.

Type of Action: Action, Information

***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/].