Agenda--February 9-10, 2011
Agenda and other related materials for the California State Board of Education (SBE) meeting to be held on February 9-10, 2011.State Board Members
Michael W. Kirst, President
James Aschwanden
Yvonne Chan
Carl Cohn
Gregory Jones
Aida Molina
James C. Ramos
Patricia A. Rucker
Ilene W. Straus
Trish Williams
Connor Cushman, Student Member
Secretary & Executive Officer
Hon. Tom Torlakson
Executive Director
Nicolas Schweizer
| Schedule of Meeting | Location |
|---|---|
Wednesday, February 9, 2011 STATE BOARD OF EDUCATION |
California Department of Education |
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.
| Schedule of Meeting | Location |
|---|---|
Wednesday, February 9, 2011 STATE BOARD OF EDUCATION |
California Department of Education |
Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.
| Schedule of Meeting | Location |
|---|---|
Thursday, February 10, 2011 STATE BOARD OF EDUCATION |
California Department of Education |
Please see Closed Session Agenda above. 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 reconvened later in the day; or (3) may be commenced later than 9:00 a.m.
| Schedule of Meeting | Location |
|---|---|
Thursday, February 10, 2011 STATE BOARD OF EDUCATION
|
California Department of Education |
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
February 9, 2011
Wednesday, February 9, 2011 – 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
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.
NOTE: Items not heard or completed on February 9, 2011, may be carried over to February 10, 2011.
AGENDA ITEMS
Item 1 (DOC; 71KB; 2pp.)
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 (DOC; 100KB; 3pp.)
- Item 1 Attachment 2 (DOC; 229KB; 10pp.)
Item 2 (DOC; 71KB; 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; 81KB; 4pp.)
Subject: Parent Empowerment: Overview and State Board of Education Discussion of Legislation and Regulatory Action.
Type of Action: Action, Information
***PUBLIC HEARING***
A Public Hearing on the following agenda item will commence no earlier than 11:00 a.m. on Wednesday, February 9, 2011. The Public Hearing will be held as close to 11:00 a.m. as the business of the State Board permits.
Item 4 (DOC; 142KB; 15pp.)
Subject: Statewide Benefit Charter Schools: Development of Regulations to Revise the Requirements for Statewide Benefit Charters and Consideration of Material Revisions to the Aspire Public Schools Statewide Benefit Charter.
Type of Action: Action, Information, Public Hearing
- Item 4 Attachment 2 - January 2007 SBE Agenda Item 36 (DOC; 877KB; 91pp.)
- Item 4 Attachment 3 - January 2010 SBE Agenda Item 7 (DOC; 969KB; 83pp.)
***END OF PUBLIC HEARING***
Item 5 (DOC; 67KB; 3pp.)
Subject: Elementary and Secondary Education Act: Supplemental Educational Services – Approve Commencement of 15-Day Public Comment Period for Proposed Changes to Proposed California Code of Regulations, Title 5, Sections 13075.1 through 13075.9 (inclusive).
Type of Action: Action, Information
- Item 5 Attachment 1 (DOC; 196KB; 27pp.)
- Item 5 Attachment 2 (DOC; 122KB; 18pp.)
- Item 5 Attachment 3 (DOC; 354KB; 15pp.)
- Item 5 Attachment 4 (PDF; 893KB; 4pp.)
Item 6 (DOC; 170KB; 16pp.)
Subject: Assessment and Accountability: Background Information in Preparation for State Board of Education Action on the Academic Performance Index and the California Modified Assessment.
Type of Action: Action, Information
Item 7 (DOC; 62KB; 2pp.)
Subject: Academic Performance Index: Approve Changes to the Calculation of the 2010 Base Academic Performance Index.
Type of Action: Action, Information
Item 8 (DOC; 84KB; 4pp.)
Subject: Standardized Testing and Reporting Program: Approve Commencement of a Second 15-Day Public Comment Period for Proposed Changes to the California Code of Regulations, Title 5, Sections 850 through 868.
Type of Action: Action, Information
- Item 8 Attachment 1 (DOC; 52KB; 5pp.)
- Item 8 Attachment 3 (DOC; 143KB; 29pp.)
- Item 8 Attachment 4 (PDF; 873KB; 4pp.)
Item 9 (DOC; 77KB; 4pp.)
Subject: California High School Exit Examination Alternative Means: Adopt Proposed California Code of Regulations, Title 5, Section 1216.1.
Type of Action: Action, Information
***ADJOURNMENT OF DAY’S SESSION***
Thursday, February 10, 2011 – 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
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 10 (DOC; 12.9MB; 57pp.)
Subject: Appeal of a Decision of the Orange County Committee on School District Organization to Approve a Petition to Transfer Territory from the Placentia-Yorba Linda Unified School District to the Brea Olinda Unified School District in Orange County.
Type of Action: Action, Information
Item 11 (DOC; 1.3MB; 12pp.)
Subject: Foster Youth Education Program: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Section 11997.
Type of Action: Action, Information
- Item 11 Attachment 4 (PDF; 873KB; 4pp.)
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 the Education Code or in the California Code of Regulations, Title 5.
ATTENDANCE ACCOUNTING FOR MULTI-TRACK
Item WC-1 General (DOC; 94KB; 4pp.)
Subject: Request by Los Angeles Unified School District for Full-Circle Learning Academy 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 (2 tracks; 175 days). Retroactive for the 2009–10 fiscal year only.
Waiver Number: 5-8-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-1 Attachment 1 (DOC; 66KB; 2pp.)
- Item WC-1 Attachment 2 (PDF; 297KB; 2pp)
- Item WC-1 Attachment 3 (DOC; 172KB; 3pp.)
- Item WC-1 Attachment 4 (DOC; 171KB; 3pp.)
SCHOOL ACCOUNTABILITY REPORT CARD (February 1 Timeline)
Item WC-2 General (DOC; 86KB; 3pp.)
Subject: Request by fifteen local educational agencies to waive portions of California Education Code sections 35256(c) and 35258 regarding the annual deadline to make the annual School Accountability Report Card available in hard copy and on the internet by February 1.
Waiver Numbers: Various waivers - see attached list. More will be added in a last minute memorandum.
(Recommended for ARROVAL)
- Item WC-2 Attachment 1 (DOC; 43KB; 1p.)
- Item WC-2 Attachment 2 (DOC; 64KB; 2pp.)
- Item WC-2 Attachment 3 (DOC; 62KB; 2pp.)
- Item WC-2 Attachment 4 (DOC; 154KB; 2pp.)
- Item WC-2 Attachment 5 (DOC; 62KB; 2pp.)
- Item WC-2 Attachment 6 (DOC; 62KB; 2pp.)
- Item WC-2 Attachment 7 (DOC; 60KB; 2pp.)
- Item WC-2 Attachment 8 (DOC; 62KB; 2pp.)
- Item WC-2 Attachment 9 (DOC; 60KB; 2pp.)
- Item WC-2 Attachment 10 (DOC; 63KB; 2pp.)
- Item WC-2 Attachment 11 (DOC; 63KB; 2pp.)
- Item WC-2 Attachment 12 (DOC; 63KB; 2pp.)
- Item WC-2 Attachment 13 (DOC; 62KB; 2pp.)
- Item WC-2 Attachment 14 (DOC; 61KB; 2pp.)
- Item WC-2 Attachment 15 (DOC; 62KB; 2pp.)
- Item WC-2 Attachment 16 (DOC; 64KB; 2pp.)
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.
Class Size Penalties (Over Limit on Grades 1-3)
Item W-1 Specific (DOC; 88KB; 3pp.)
Subject: Request by three districts, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) relating to class size penalties for grades one through three. For grades one through three, the overall class size average is 30 to one with no class larger than 32.
Waiver Numbers: 12-10-2010, 15-10-2010, and 53-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-1 Attachment 1 (XLS; 26KB; 1p.)
- Item W-1 Attachment 2 (DOC; 75KB; 3pp.)
- Item W-1 Attachment 3 (DOC; 74KB; 3pp.)
- Item W-1 Attachment 4 (DOC; 68KB; 3pp.)
Class Size Penalties (Over Limit on Grades 4-8)
Item W-2 General (DOC; 97KB; 4pp.)
Subject: Request by thirteen 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: 18-9-2010, 8-10-2010, 16-10-2010, 14-10-2010, 77-10-2010, 22-10-2010, 21-10-2010, 68-10-2010, 46-10-2010, 62-10-2010, 64-10-2010, 13-10-2010, and 17-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-2 Attachment 1 (XLS; 28KB; 1p.)
- Item W-2 Attachment 2 (DOC; 63KB; 2pp.)
- Item W-2 Attachment 3 (DOC; 68KB; 3pp.)
- Item W-2 Attachment 4 (DOC; 68KB; 3pp.)
- Item W-2 Attachment 5 (DOC; 80KB; 3pp.)
- Item W-2 Attachment 6 (DOC; 64KB; 2pp.)
- Item W-2 Attachment 7 (DOC; 80KB; 5pp.)
- Item W-2 Attachment 8 (DOC; 73KB; 3pp.)
- Item W-2 Attachment 9 (DOC; 69KB; 3pp.)
- Item W-2 Attachment 10 (DOC; 83KB; 4pp.)
- Item W-2 Attachment 11 (DOC; 67KB; 3pp.)
- Item W-2 Attachment 12 (DOC; 70KB; 4pp.)
- Item W-2 Attachment 13 (DOC; 72KB; 3pp.)
- Item W-2 Attachment 14 (DOC; 79KB; 5pp.)
Class Size Penalties (Over Limit on Kindergarten - Grade 3)
Item W-3 Specific (DOC; 93KB; 4pp.)
Subject: Request by five districts, 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 to three, the overall class size average is 30 to one with no class larger than 32.
Waiver Numbers: 63-10-2010, 6-11-2010, 3-10-2010, 23-10-2010, and 18-10-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-3 Attachment 1 (XLS; 25KB; 1p.)
- Item W-3 Attachment 2 (DOC; 90KB; 5pp.)
- Item W-3 Attachment 3 (DOC; 76KB; 3pp.)
- Item W-3 Attachment 4 (DOC; 72KB; 3pp.)
- Item W-3 Attachment 5 (DOC; 79KB; 3pp.)
- Item W-3 Attachment 6 (DOC; 85KB; 4pp.)
SCHOOL CONSTRUCTION BONDS (Citizens Oversight Committee – Term Limits)
Item W-4 General (DOC; 95KB; 4pp.)
Subject: Request by Oxnard School District to waive portions of California Education Code Section 15282, regarding term limits for members of a Citizens’ Oversight Committee for all construction bonds in the District.
Waiver Number: 32-11-2010.
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-4 Attachment 1 (DOC; 65KB; 2pp.)
- Item W-4 Attachment 2 (DOC; 47KB; 1p.)
SCHOOL ACCOUNTABILITY REPORT CARD (February 1 Timeline)
Item W-5 General (DOC; 88KB; 4pp.)
Subject: Request by twenty-four local education agencies to waive portions of California Education Code sections 35256 (c) and 35258 regarding the annual deadline to make the annual School Accountability Report Card available in hard copy and on the internet by February 1.
Waiver Number: Various, see attached list.
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-5 Attachment 1 (DOC; 54KB; 2pp.)
- Item W-5 Attachment 2 (DOC; 63KB; 2pp.)
- Item W-5 Attachment 3 (DOC; 59KB; 2pp.)
- Item W-5 Attachment 4 (DOC; 61KB; 2pp.)
- Item W-5 Attachment 5 (DOC; 61KB; 2pp.)
- Item W-5 Attachment 6 (DOC; 59KB; 2pp.)
- Item W-5 Attachment 7 (DOC; 63KB; 2pp.)
- Item W-5 Attachment 8 (DOC; 63KB; 2pp.)
- Item W-5 Attachment 9 (DOC; 60KB; 2pp.)
- Item W-5 Attachment 10 (DOC; 63KB; 2pp.)
- Item W-5 Attachment 11 (DOC; 59KB; 2pp.)
- Item W-5 Attachment 12 (DOC; 154KB; 2pp.)
- Item W-5 Attachment 13 (DOC; 63KB; 2pp.)
- Item W-5 Attachment 14 (DOC; 62KB; 2pp.)
- Item W-5 Attachment 15 (DOC; 102KB; 2pp.)
- Item W-5 Attachment 16 (DOC; 59KB; 2pp.)
- Item W-5 Attachment 17 (DOC; 61KB; 2pp.)
- Item W-5 Attachment 18 (DOC; 67KB; 2pp.)
- Item W-5 Attachment 19 (DOC; 63KB; 3pp.)
- Item W-5 Attachment 20 (DOC; 63KB; 2pp.)
- Item W-5 Attachment 21 (DOC; 62KB; 2pp.)
- Item W-5 Attachment 22 (DOC; 66KB; 2pp.)
- Item W-5 Attachment 23 (DOC; 63KB; 2pp.)
- Item W-5 Attachment 24 (DOC; 59KB; 2pp.)
- Item W-5 Attachment 25 (DOC; 153KB; 2pp.)
***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/].