Agenda--April 21, 2011
Agenda and other related materials for the California State Board of Education (SBE) meeting to be held on April 21, 2011.State Board Members
Michael W. Kirst, President
Trish Williams, Vice President
James Aschwanden
Yvonne Chan
Carl Cohn
Aida Molina
James C. Ramos
Patricia A. Rucker
Ilene W. Straus
Connor Cushman, Student Member
Secretary & Executive Officer
Hon. Tom Torlakson
Interim Executive Director
Patricia de Cos
Schedule of Meeting |
Location |
|---|---|
Thursday, April 21, 2011 STATE BOARD OF EDUCATION
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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 |
|---|---|
Thursday, April 21, 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
April 21, 2011
Thursday, April 21, 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 1 (DOC; 72KB; 4pp.)
Subject: Parent Empowerment — Approve Commencement of a Second 15-day Public Comment Period for proposed Additions to the California Code of Regulations, Title 5, Sections 4800-4808.
Type of Action: Action, Information
- Item 1 Attachment 2 (DOC; 92KB; 21pp.)
- Item 1 Addendum (DOC; 36KB; 1p.)
- Item 1 Addendum Attachment 3 (PDF; 817KB; 4pp.)
Item 2 (DOC; 1.2MB; 49pp.)
Subject: State Board of Education Delegation of Authority for the Approval of the Striving Readers Comprehensive Literacy Competitive Grant Application for Children From Birth Through Grade Twelve.
Type of Action: Action, Information
Item 3 (DOC; 69KB; 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; training of Board members; and other matters of interest.
Type of Action: Action, Information
- Item 3 Attachment 1 (DOC; 79KB; 3pp.)
- Item 3 Attachment 2 (DOC; 173KB; 10pp.)
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.
Schoolsite Council Statute (Number and Composition of Members)
Item WC-1 Specific (DOC; 87KB; 2pp.)
Subject: Request by Plum Valley Elementary School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council to function for Plum Valley Elementary School.
Waiver Number: 186-12-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-1 Attachment 1 (DOC; 72KB; 2pp.)
Schoolsite Council Statute (Shared Schoolsite Council)
Item WC-2 Specific (DOC; 93KB; 3pp.)
Subject: Request by Antelope Elementary School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint schoolsite council to function for three small schools: Antelope Elementary School, Berrendos Middle School, and Antelope Community Day School.
Waiver Number: 23-11-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-2 Attachment 1 (DOC; 78KB; 3pp.)
Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)
Item WC-3 General (DOC; 120KB; 6pp.)
Subject: Request by Plumas 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 Heather Cooke to continue to provide services to students until June 30, 2011, under a remediation plan to complete those minimum requirements.
Waiver Number: 162-12-2010
(Consent due to SBE Streamlined Waiver Policy Only)
(Recommended for APPROVAL WITH CONDITIONS)
- Item WC-3 Attachment 1 (DOC; 69KB; 3pp.)
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.
Community Day Schools (CDS) (Commingle Grade Levels)
Item W-1 General (DOC; 94KB; 3pp.)
Subject: Request by Alpine County Unified School District for a waiver of California Education Code Section 48916.1(d) and portions of Section 48660 to permit a community day school to serve students in grades five through six with students in grades seven through twelve.
Waiver Number: 20-11-2010
(Recommended for APPROVAL)
- Item W-1 Attachment 1 (DOC; 68KB; 3pp.)
- Item W-1 Attachment 2 (DOC; 54KB; 1p.)
- Item W-1 Attachment 3 (DOC; 45KB; 1p.)
Item W-2 General (DOC; 95KB; 3pp.)
Subject: Request by Firebaugh-Las Deltas Joint Unified School District for a waiver of California Education Code Section 48916.1(d) and portions of Section 48660 to permit a community day school to serve students in grades one through twelve.
Waiver Number: 57-2-2011
(Recommended for APPROVAL)
- Item W-2 Attachment 1 (DOC; 68KB; 3pp.)
School Construction Bonds (Citizens Oversight Committee - Term Limits)
Item W-3 General (DOC; 91KB; 3pp.)
Subject: Request by Turlock Unified School District to waive portions of the California Education Code Section 15282, regarding term limits for members of a Citizen’s Oversight Committee for all construction bonds in the district.
Waiver Numbers: 37-1-2011 and 38-1-2011
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-3 Attachment 1 (DOC; 64KB; 2pp.)
- Item W-3 Attachment 2 (DOC; 64KB; 2pp.)
- Item W-3 Attachment 3 (DOC; 27KB; 2pp.)
School District Reorganization (Election Requirements and Speed Transfer Process)
Item W-4 General (DOC; 96KB; 3pp.)
Subject: Request by Visalia Unified School District to waive California Education Code Section 5020, and portions of sections 5019, 5019.5, 5021, and 5030 that require a district-wide election to establish new trustee areas.
Waiver Number: 161-12-2010
(Recommended for APPROVAL)
- Item W-4 Attachment 1 (DOC; 118KB; 12pp.)
Schoolsite Council Statute (Number and Composition of Members)
Item W-5 Specific (DOC; 85KB; 2pp.)
Subject: Request by Coffee Creek Elementary School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small rural school, Coffee Creek Elementary School.
Waiver Number: 47-12-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-5 Attachment 1 (DOC; 74KB; 3pp.)
Item W-6 Specific (DOC; 87KB; 2pp.)
Subject: Request by Delano Joint Union High School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small rural continuation school, Valley High School.
Waiver Number: 179-12-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-6 Attachment 1 (DOC; 76KB; 3pp.)
Item W-7 Specific (DOC; 87KB; 2pp.)
Subject: Request by Hilmar Unified School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small rural school, Irwin Continuation High School.
Waiver Number: 169-12-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-7 Attachment 1 (DOC; 79KB; 3pp.)
Schoolsite Council Statute (Shared Schoolsite Council)
Item W-8 Specific (DOC; 88KB; 3pp.)
Subject: Request by Modoc County Office of Education under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, allowing one joint schoolsite council to function for three schools, Tulelake Elementary School, Newell Elementary School, and Modoc County Community School Tulelake.
Waiver Number: 201-12-2010
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-8 Attachment 1 (DOC; 67KB; 2pp.)
Class Size Penalties (Over limit on Kindergarten - Grade 3)
Item W-9 Specific (DOC; 92KB; 3pp.)
Subject: Request by two 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: 21-11-2010 and 5-12-2010.
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-9 Attachment 1 (XLS; 23KB; 1p.)
- Item W-9 Attachment 2 (DOC; 76KB; 5pp.)
- Item W-9 Attachment 3 (DOC; 75KB; 4pp.)
Item 4 (DOC; 55KB; 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
***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/].