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SBE Agenda for November 2012

Agenda for the California State Board of Education (SBE) meeting on November 7-8, 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

Wednesday, November 7, 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 8:30 a.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, 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
  • Opportunity for Learning – PB, LLC; Opportunities Learning – C, LLC, and Opportunities for Learning WSH, LLC, Notice of Appeal Before the Audit Appeals Panel
  • 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
  • Options for Youth-Victor Valley, et al. v. California Department of Education, et al., Los Angeles County Superior Court, Case No. BC347454
  • Perris Union High School District v. California State Board of Education, California Department of Education, et al., Riverside County 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 County Superior Court, Case No. BC432420, CA Ct. of Appeal, 2nd Dist., Case No. B230817,
    CA Supreme Ct., Case No. 5191256
  • Shabazz, et al. v. Governor Edmund G. Brown Jr., California Attorney General Kamala Harris, Superintendent of Public Instruction Tom Torlakson, President California State Board of Education Dr. Michael Kirst, Does 1-50, Alameda County Superior Court, Case No. RG12636192
  • 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
  • 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
  • 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, November 8, 2012
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
Closed Session - IF NECESSARY -
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

Schedule of Meeting Location

Thursday, November 8, 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

November 7, 2012

Wednesday, November 7, 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: 2013-2014 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor.

Type of Action: Action, Information

Item 2 (DOC)

Subject: Reports from the 2012 Student Advisory Board on Education (SABE).

Type of Action: Action, Information

Item 3 (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 4 (DOC)

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

Type of Action: Action, Information

  • AB 124 ELD Standards Revision Presentation Slides (PDF; Posted 07-Nov-2012)
    Adoption of newly revised English Language Development (ELD) standards for public schools, Kindergarten through Grade Twelve presented by Karen Cadiero-Kaplan at the California State Board of Education Meeting on November 7, 2012.

Item 5 (DOC)

Subject: English Language Arts/English Language Development Framework for California Public Schools, Kindergarten Through Grade Twelve, 2014 Revision: Approval of Curriculum Framework and Evaluation Criteria Committee Guidelines and Appointment of Members of the Curriculum Framework and Evaluation Criteria Committee.

Type of Action: Action, Information

Item 6 (DOC)

Subject: Supplemental Instructional Materials Review Aligned to the Common Core State Standards: Approval of Supplemental Instructional Materials.

Type of Action: Action, Information

Item 7 (DOC)

Subject: California Comprehensive Center at WestEd: Overview of Proposed Activities..

Type of Action: Action, Information

Item 8 (DOC)

Subject: Update on Smarter Balanced Assessment Consortium Activities.

Type of Action: Information

  • SBAC Update Presentation Slides (PDF; Posted 07-Nov-2012)
    Smarter Balanced Assessment Consortium (SBAC) Update presented by Deb Sigman at the California State Board of Education Meeting on November 7, 2012.

Item 9 (DOC; Posted 29-Oct-2012)

Subject: State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 Covering Program Year 2011−12.

Type of Action: Information

*** ADJOURNMENT OF DAY’S SESSION ***

Public Session

November 8, 2012

Thursday, November 8, 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 10 (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 11 (DOC)

Subject: Discussion Regarding Priorities for California's Future Assessment System.

Type of Action: Information

Item 12 (DOC)

Subject: State Board of Education-Authorized Charter Schools: Charter Schools Division 2011-12 Annual Report.

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, November 7, 2012. The Public Hearing will be held as close to 11:00 a.m. as the business of the State Board permits.

Item 13 (DOC)

Subject: Petition for Renewal of a Charter School Under the Oversight of the State Board of Education: Hold a Public Hearing to Consider Rosie the Riveter Charter High School, which was denied by the Long Beach Unified School District and denied consideration of appeal by the Los Angeles County Office of Education.

Type of Action: Action, Information, Hearing

*** END OF PUBLIC HEARING ***

Item 14 (DOC; Posted 29-Oct-2012)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs; Approval of a Revised Definition of Corrective Action 6.

Type of Action: Action, Information

Revised Item 15 (DOC; Posted 30-Oct-2012)

Item 15 (DOC)

Subject: Elementary and Secondary Education Act: Assignment of Corrective Action and Associated Technical Assistance for Each of the Local Educational Agencies in Cohort 6 of Program Improvement Year 3 and Submission of Annual Evidence of Progress for Local Educational Agencies in Cohorts 1–6 of Program Improvement Year 3.

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 two school districts 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 Numbers:

  • Acton-Agua Dulce Unified School District 28-7-2012
  • Westside Elementary School District 16-7-2012

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-02 (DOC)

Subject: Request by Middletown Unified School District for Middletown High School 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 Number: Fed-8-2012

(Recommended for APPROVAL)

SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)

Item W-03 (DOC)

Subject: Request by three local educational agencies 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 three educational interpreters to continue to provide services to students until June 30, 2013, under a remediation plan to complete those minimum qualifications.

Waiver Numbers:

  • Lindsay Unified School District 12-7-2012
  • San Luis Obispo County Office of Education 25-7-2012
  • Stanislaus County Office of Education 39-7-2012

(Recommended for APPROVAL WITH CONDITIONS)

SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-04 (DOC)

Subject: Request by Los Angeles Unified 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). Noelle Taniguchi is assigned to Crenshaw Arts Tech Charter School.

Waiver Number: 152-2-2012

(Recommended for APPROVAL WITH CONDITIONS)

STATE TESTING APPORTIONMENT REPORT (STAR)

Item W-05 (DOC)

Subject: Request by Perris Elementary School District to waive the State Testing Apportionment Report and Certification deadline of December 31 in the California Code of Regulations, Title 5, Section 862(c)(2)(A), for the Standardized Testing and Reporting Program.

Waiver Number: 6-7-2012

(Recommended for APPROVAL)

OPEN ENROLLMENT (Removal From the List of Local Education Agencies)

Item W-06 (DOC)

Subject: Request by Covina-Valley Unified School District to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5 Section 4701, to remove Manzanita Elementary School from the Open Enrollment List of "low-achieving schools" for the 2012–13 school year.

Waiver Number: 9-7-2012

(Recommended for APPROVAL WITH CONDITIONS)

COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)

Item W-07 (DOC)

Subject: Request by four 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 and/or California Education Code Section 48661 relating to the colocation of a community day school with other types of schools.

Waiver Numbers:

  • Barstow Unified School District 10-7-2012
  • Milpitas Unified School District 8-7-2012
  • Palo Verde Unified School District 29-5-2012
  • Tehama County Office of Education 19-7-2012

(Recommended for APPROVAL WITH CONDITIONS)

SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)

Item W-08 (DOC)

Subject: Request by two 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:

  • Tahoe-Truckee Joint Unified 17-7-2012
  • Tahoe-Truckee Joint Unified 18-7-2012
  • Woodland Joint Unified 4-7-2012

(Recommended for APPROVAL WITH CONDITIONS)

SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)

Item W-09 (DOC)

Subject: Request by Saddleback Valley Unified School District to waive portions of California Education Code sections 17466, 17472, and 17475, all of 17473 and 17474, specific statutory provisions for the lease of surplus property.

Waiver Numbers:

  • 13-7-2012
  • 14-7-2012
  • 15-7-2012

(Recommended for APPROVAL WITH CONDITIONS)

SCHOOL CONSTRUCTION BONDS (Citizens Oversight Committee - Term Limits)

Item W-10 (DOC)

Subject: Request by Black Oak Mine Unified School District to waive portions of California Education Code Section 15282, regarding term limits for membership of a Citizens’ Oversight Committee for all construction bonds in the district.

Waiver Number: 26-7-2012

(Recommended for APPROVAL)

SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-11 (DOC)

Subject: Request by Riverside Unified School Dsitrict to waive California Education Code Section 5020, and portions of 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas.

Waiver Number: 36-7-2012

(Recommended for APPROVAL)

CLASS SIZE PENALTIES (Over Limit on Kindergarten through Grade Three)

Item W-12 (DOC)

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/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:

  • Capistrano Unified School District 7-7-2012
  • Carlsbad Unified School District 38-7-2012
  • Cotati-Rohnert Park Unified School District 3-7-2012
  • Palm Springs Unified School District 1-7-2012
  • Snowline Joint Unified School District 35-7-2012

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-13 (DOC)

Subject: Request by two 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:

  • Carlsbad Unified School District 37-7-2012
  • Cottonwood Union Elementary School District 11-7-2012

(Recommended for APPROVAL WITH CONDITIONS)

QUALITY EDUCATION INVESTMENT ACT (Class Size Reduction Requirements)

Item W-14 (DOC)

Subject: Request by four 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:

  • Anaheim Union High 30-7-2012
  • Anaheim Union High 31-7-2012
  • Anaheim Union High 32-7-2012
  • Caruthers Unified 40-7-2012
  • Dinuba Unified 33-7-2012
  • Dinuba Unified 34-7-2012
  • Pond Union Elementary 41-7-2012

(Recommended for APPROVAL WITH CONDITIONS)

SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)

Item W-15 (DOC)

Subject: Request by Madera County Office of Education to waive the 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 four interpreters to continue to provide services to students until June 30, 2013, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • Richard Curtis Rollins 20-7-2012
  • Lori Garris 21-7-2012
  • Michelle Asby 22-7-2012
  • Sheila Smith 23-7-2012

(Recommended for DENIAL)

*** END OF WAIVERS ***

Item 16 (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 17 (DOC)

Subject: Standardized Testing and Reporting Program: Release of 10 Percent Withheld for 2011–12 Educational Testing Service Contract.

Type of Action: Action, Information

Item 18 (DOC)

Subject: The Administrator Training Program, formerly Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of Applications for Funding from Local Educational Agencies.

Type of Action: Action, Information

Item 19 (DOC)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional Local Educational Agencies Identified for Improvement as Providers to the 2012–14 State Board of Education Approved Supplemental Educational Services Provider List Based on Appeal and Based on a Waiver Request Under Title I, Part A Section 9401 of the Elementary and Secondary Education Act.

Type of Action: Action, Information

Item 20 (DOC; 1MB)

Subject: Approval of 2012–13 Consolidated Applications.

Type of Action: Action, Information

Item 21 (DOC)

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

Type of Action: Action, Information

Item 22 (DOC)

Subject: Consideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2.

Type of Action: Action, Information

Item 23 (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/index.asp]. 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: Thursday, November 17, 2022
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