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SBE Agenda for November 2015

Agenda for the California State Board of Education (SBE) meeting on November 4-5, 2015.
State Board Members
  • Michael W. Kirst, President
  • Ilene W. Straus, Vice President
  • Sue Burr
  • Bruce Holaday
  • Aida Molina
  • Feliza I. Ortiz-Licon
  • Patricia A. Rucker
  • Niki Sandoval
  • Ting L. Sun
  • Trish Williams
  • Michael S. McFarland, Student Member
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters
Schedule of Meeting Location

Wednesday, November 4, 2015
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
Public Session.  Public Session, adjourn to Closed Session – IF NECESSARY.

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.

Schedule of Meeting Location

Thursday, November 5, 2015
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
The Closed Session will take place at approximately 8:30a.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 8:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30 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 follows will be considered and acted upon in closed session:

  • 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
  • Cruz et al. v. State of California, State Board of Education, State Department of Education, Tom Torlakson et al., Alameda County Superior Court, Case No. RG14727139
  • D.J. et al. v. State of California, California Department of Education, Tom Torlakson, the State Board of Education, Los Angeles Superior Court, Case No. BS142775,CA Ct. of Appeal, 2nd Dist., Case No. B260075
  • Emma C., et al. v. Delaine Eastin, et al., USDC (No.Dist.CA), Case No. C-96-4179
  • Options for Youth, Burbank, Inc., San Gabriel, Inc. Upland, Inc. and Victor Valley, Notice of Appeal Before the Education Audit Appeals Panel, EAAP Case Nos. 06-18, 06-19- 07-07, 07-08 OAH Nos. L2006100966, L2006110025, L20070706022, L2007060728, Los Angeles County Superior Court, Case No. BC 347454
  • 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
  • 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, CA Ct. of Appeal 2nd Dist., Case No. B253282, B253310

Conference with Legal Counsel – Anticipated Litigation: Under Government Code sections 11126(e), 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), 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.

ALL TIMES ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE ONLY

ALL ITEMS MAY BE HEARD IN A DIFFERENT ORDER THAN HOW THEY ARE LISTED ON THE AGENDA 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 or any other individual 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 at 1430 N Street, Room 5111, Sacramento, CA 95814; by telephone at 916 319-0827; or by facsimile at 916 319-0175.


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 1

Wednesday, November 4, 2015

Wednesday, November 4, 2015 – 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
  • Communications
  • Announcements
  • Report of the State Superintendent of Public Instruction
  • Special Presentations
    Public notice is hereby given that special presentations for informational purposes may take place during this session.
  • Agenda Items
  • Adjournment

AGENDA ITEMS DAY 1

Item 01 (DOC)

Subject: 2016-2017 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor for Consideration and Appointment.

Type of Action: Action, Information


Item 02 (DOC)

Subject: Reports from the 2015 Student Advisory Board on Education.

Type of Action: Information


Item 03 (DOC)

Subject: California Assessment of Student Performance and Progress: Update on Program Activities, including, but not limited to, Smarter Balanced Assessments (Summative, Interim, and Digital Library Resources), Technology, Summative Assessment in Primary Languages Other than English, California Alternate Assessment, California Next Generation Science Standards Assessments, and Outreach Activities.

Type of Action: Action, Information


Item 04 (DOC)

Subject: California Assessment of Student Performance and Progress: Determination of the Release of Up to 10 Percent Withheld for the 2014–15 Educational Testing Service Contract.

Type of Action: Action, Information


Item 05 (DOC)

Subject: California Assessment of Student Performance and Progress: Approve Commencement of Rulemaking for Amendments to the California Code of Regulations, Title 5, Sections 850 through 864.

Type of Action: Action, Information

Revised Item 05 (DOC; Posted 28-Oct-2015)

This version replaces the incorrect draft versions that were inadvertently posted on October 23, 2015, with the updated correct versions. Please refer to the posted letter that explains the revisions in detail.

Letter explaining revised Item 05 (DOC; Posted 28-Oct-2015)

Revised letter explaining revised Item 05 (DOC; Posted 30-Oct-2015)

The revised version of the letter includes a note about the use of underlines and strikeouts for text formatting to indicate changes to the California Code of Regulations, Title 5, Sections 850 through 864.


Item 06 (DOC)

Subject: California Assessment of Student Performance and Progress: Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 850 through 864.

Type of Action: Action, Information

Revised Item 06 (DOC; Posted 28-Oct-2015)

This version replaces the incorrect draft versions that were inadvertently posted on October 23, 2015, with the updated correct versions. Please refer to the posted letter that explains the revisions in detail.

Letter explaining revised Item 06 (DOC; Posted 28-Oct-2015)

Revised letter explaining revised Item 06 (DOC; Posted 30-Oct-2015)

The revised version of the letter includes a note about the use of underlines and strikeouts for text formatting to indicate changes to the California Code of Regulations, Title 5, Sections 850 through 864.


Item 07 (DOC)

Subject: School Improvement Grant: Approval of California’s State-determined Intervention Model for the School Improvement Grant Under Section 1003(g) of the Elementary and Secondary Education Act.

Type of Action: Action, Information


PUBLIC HEARING

A Public Hearing will commence no earlier than 1:30 p.m. on Wednesday, November 4, 2015. The Public Hearing will be held as close to 1:30 p.m. as the business of the State Board permits.

Item 08 (DOC)

Subject: 2015 English Language Arts/English Language Development Adoption of K–8 Instructional Materials: Instructional Quality Commission Recommendations.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARING


Item 09 (DOC)

Subject: Update of the Science Framework for California Public Schools: Progress of Development and Revised Timeline.

Type of Action: Action, Information


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 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

ADJOURNMENT OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 2

Thursday, November 5, 2015

Thursday, November 5, 2015 – 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
  • Communications
  • Announcements
  • Report of the State Superintendent of Public Instruction
  • Special Presentations
    Public notice is hereby given that special presentations for informational purposes may take place during this session.
  • Agenda Items
  • Adjournment

AGENDA ITEMS DAY 2

Item 11 (DOC)

Subject: Developing a New Accountability System: Draft Framework and Implementation Plan for the New Accountability System; Coordination and Alignment of Existing State Reports and Plans with the Local Control Funding Formula; Review of County Offices of Education Local Control and Accountability Plans; Local Control and Accountability Plan Electronic Template (eTemplate) Demonstration; Update on the Local Control Funding Formula Evaluation Rubrics as Specified in California Education Code Section 52064.5

Type of Action: Action, Information


Item 12 (DOC)

Subject: English Language Proficiency Assessments for California: Approve the Test Blueprints for the English Language Proficiency Assessments for California.

Type of Action: Action, Information


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 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, and public comment will be taken before board action on all proposed consent items; 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.

FEDERAL PROGRAM WAIVER (Carl D. Perkins Vocational and Technical Education Improvement Act)

Item W-01 (DOC)

Subject: Request by two school districts 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 Numbers:

  • Julian Union High School District Fed-20-2015
  • San Lorenzo Valley Unified School District Fed-19-2015

(Recommended for APPROVAL)


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

Item W-02 (DOC)

Subject: Request by two local educational agencies 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 students meet minimum qualifications as of July 1, 2009, to allow two interpreters to continue to provide services to students until June 30, 2016, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • Hemet Unified School District 13-7-2015
  • Sutter County Office of Education 8-7-2015

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-03 (DOC)

Subject: Request by San Ramon Valley Unified School District under the authority of California Education Code (EC) Section 56101 and California Code of Regulations, Title 5, Section 3100, to waive EC Section 56362(c). Approval of this waiver will allow the resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Number: 5-7-2015

(Recommended for APPROVAL WITH CONDITIONS)


CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding)

Item W-04 (DOC)

Subject: Request by three local educational agencies to waive portions of California Code of Regulations, Title 5, Section 11963.6(c), relating to the submission and action on determination of funding requests regarding nonclassroom-based instruction.

Waiver Numbers:

  • Helendale Elementary School District 7-8-2015
  • Julian Union Elementary School District 6-8-2015
  • San Diego Unified School District 6-7-2015

(Recommended for APPROVAL)


COMMUNITY DAY SCHOOLS (CDS) (Collocate Facilities)

Item W-05 (DOC)

Subject: Request by four school districts to waive California Education Code Section 48916.1(d) and portions of California Education Code Section 48660, relating to the allowable grade spans for community day schools. Two requests are from districts to waive portions of California Education Code Section 48661(a), relating to the collocation of a community day school with other types of schools. The fourth request is from a district to waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.

Waiver Numbers:

  • Chawanakee Unified School District 2-8-2015
  • Enterprise Elementary School District 13-8-2015
  • Mendota Unified School District 4-8-2015
  • Vallejo City Unified School District 10-8-2015

(Recommended for APPROVAL WITH CONDITIONS)


EQUITY LENGTH OF TIME (Equity Length of Time)

Item W-06 (DOC)

Subject: Request by two school districts to waive California Education Code Section 37202, the equity length of time requirement for transitional kindergarten and kindergarten programs at the districts’ elementary schools.

Waiver Numbers:

  • Dixie Elementary School District 7-7-2015
  • Lakeport Unified School District 10-7-2015

(Recommended for APPROVAL WITH CONDITIONS)


OTHER WAIVERS (Dental Screening)

Item W-07 (DOC)

Subject: Request by San Francisco Unified School District for a renewal to waive California Education Code Section 51520(b), which prohibits free dental screening providers from self-referring for additional dental services.

Waiver Number: 3-8-2015

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness)

Item W-08 (DOC)

Subject: Request by San Carlos Elementary School District to waive California Education Code Section 15268, to allow the district to exceed its bonded limit of 1.25 percent of the taxable assessed value of property. (Requesting 1.65 percent)

Waiver Number: 8-8-2015

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL DISTRICT REORGANIZATION (60-day Requirement to Fill Board Vacancy)

Item W-09 (DOC)

Subject: Request by Igo, Ono, Platina Union Elementary School District to waive portions of California Education Code Section 5091, which will allow the board of trustees to make a provisional appointment to a vacant board position past the 60-day statutory deadline.

Waiver Number: 9-8-2015

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-10 (DOC)

Subject: Request by two local educational agencies to waive portions of California Education Code Section 35710 and all of Section 35710.51, regarding the elimination of the election requirement for reorganization.

Waiver Numbers:

  • Upper Lake Union Elementary School District 16-8-2015
  • Upper Lake Union High School District 15-8-2015

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Election of Governing Board)

Item W-11 (DOC)

Subject: Request by two local educational agencies to waive portions of California Education Code Section 35100 and all of sections 35101 and 35103, to allow for the appointment of an interim board to serve the newly unified district prior to election of a new governing board.

Waiver Numbers:

  • Upper Lake Union Elementary School District 17-8-2015
  • Upper Lake Union High School District 18-8-2015

(Recommended for APPROVAL)


SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)

Item W-12 (DOC)

Subject: Request by five local educational agencies under the authority of California Education Code Section 52863 for waivers of Education Code Section 52852, relating to schoolsite councils regarding changes in shared, composition, or shared and composition members.

Waiver Numbers:

  • Del Norte County Office of Education 20-6-2015
  • Del Norte County Unified School District 21-6-2015
  • Del Norte County Unified School District 22-6-2015
  • Fontana Unified School District 11-8-2015
  • Fontana Unified School District 12-8-2015
  • Surprise Valley Joint Unified School District 5-8-2015
  • Trona Joint Unified School District 9-7-2015

(Recommended for APPROVAL WITH CONDITIONS)


STATE TESTING APPORTIONMENT REPORT (CELDT)

Item W-13 (DOC)

Subject: Request by Anaheim City School District to waive the State Testing Apportionment Information Report deadline as stipulated in the California Code of Regulations, Title 5, Section 11517.5(b)(1)(A), regarding the California English Language Development Test; or Title 5, Section 1225(b)(3)(A), regarding the California High School Exit Examination; or Title 5, Section 862(b)(2)(A) prior to February 2014, regarding the Standardized Testing and Reporting Program; or Title 5, Section 862(b)(2)(A), regarding the California Assessment of Student Performance and Progress System.

Waiver Number: 23-6-2015

(Recommended for APPROVAL)


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

Item W-14 (DOC)

Subject: Request by Sulphur Springs Union School District 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. The Sulphur Springs Union School District’s class size maximum is 31.1.

Waiver Number: 14-8-2015

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 13 (DOC)

Subject: Request by San Diego Unified School District regarding California Education Code sections 17515 through 17526, Joint Public/Private Occupancy Proposal, allowing the San Diego Unified School District and Monarch Development Group to enter into leases and agreements relating to real property and buildings to be used jointly by the district and community for public housing and community center.

Type of Action: Action, Information


Item 14 (DOC)

Subject: Approval of 2015–16 Consolidated Applications.

Type of Action: Action, Information


Item 15 (DOC)

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

Type of Action: Action, Information


Item 16 (DOC)

Subject: Elementary and Secondary Education Act: Approve Amendments to California’s Consolidated State Application Accountability Workbook related to the Title III Accountability System.

Type of Action: Action, Information


Item 17 (DOC)

Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.

Type of Action: Action, Information


Item 18 (DOC)

Subject: GENERAL 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


PUBLIC HEARING

A Public Hearing will commence no earlier than 2:00 p.m. on Thursday, November 5, 2015. The Public Hearing will be held as close to 2:00 p.m. as the business of the State Board permits.

Item 19 (DOC; Posted 30-Oct-2015)

Subject: Synergy Charter School: Consider Issuing a Notice of Violation Pursuant to Education Code Section 47607(d).

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARING

ADJOURNMENT OF MEETING


This agenda is posted on the State Board of Education’s Web site [http://www.cde.ca.gov/be/ag/]. 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, please submit these and any related materials to our office by 12:00 Noon on October 30, 2015, the Friday prior to the meeting.

Questions: State Board of Education | 916-319-0827 
Last Reviewed: Tuesday, January 17, 2017
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