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SBE Agenda for November 2017

Agenda for the California State Board of Education (SBE) meeting on November 8-9, 2017.
State Board Members
  • Michael W. Kirst, President
  • Ilene W. Straus, Vice President
  • Sue Burr
  • Bruce Holaday
  • Feliza I. Ortiz-Licon
  • Patricia A. Rucker
  • Niki Sandoval
  • Ting L. Sun
  • Karen Valdes
  • Trish Williams
  • Jaden Gray, Student Member
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters
Schedule of Meeting Location

Wednesday, November 8, 2017
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 9, 2017
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/Pending 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 existing or pending litigation will be considered and acted upon in closed session:

  • California Parents for the Equalization of Educational Materials, et. al v. Tom Torlakson in his official capacity and members of the State Board of Education, in their official capacity, et. al, United States District Court (No. Dist. CA), Case No. 4:17-cv-00635
  • 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
  • Devon Torrey-Love v. State of California, Department of Education, State Board of Education, Tom Torlakson, Department of Public Health, Dr. Karen Smith, Director of the Department of Public Health, Placer County Superior Court, Case No. CV-0039311
  • 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 and related complaint from the U.S. Department of Justice
  • Emma C., et al. v. Delaine Eastin, et al., United States District Court (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

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 8, 2017

Wednesday, November 8, 2017 – 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

PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items Wednesday and Thursday. For items 3 and 4 only, a group of five speakers may sign up together and designate one speaker who will be allocated a total of three minutes for the group.

Item 01 (DOC)         

Subject: 2018-2019 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 2017 Student Advisory Board on Education.

Type of Action:  Information


Revised Item 03 (DOC; Posted 01-Nov-2017)
Note: The following changes have been made to the revised Item 03 SBE document: Dates on Page 6 of Attachment 3 were changed to 2018. All the tables containing information on level changes and status were updated removing the floating change and status description and adding the content in the table.

Item 03 (DOC)

Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Approval of the Recommended Revisions to the Academic Indicator and the Recommendation for Chronic Absenteeism for the Fall 2017 Dashboard Release; Updates and Recommended Action Regarding Local Indicators; and Update on the California School Dashboard.

Type of Action:  Action, Information


Item 04 (DOC)          

Subject: Update on the Development of California’s System of Support for Local Educational Agencies and Schools.

Type of Action:  Action, Information


Item 05 (DOC)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs.

Type of Action:  Action, Information


Item 06 (DOC)

Subject: Presentation by WestEd: California Standards Implementation -- What Educators Are Saying

Type of Action:  Information


Item 07 (DOC)   

Subject: California Assessment of Student Performance and Progress: Approve California Science Test Blueprint, General Achievement Level Descriptors, and Score Reporting Structure; and Approve California Spanish Assessment Blueprint, General Achievement Level Descriptors, and Score Reporting Structure.

Type of Action:  Action, Information


Item 08 (DOC)

Subject: English Language Proficiency Assessments for California: Approve the Operational Summative Assessment Threshold Scores and Composite Weights for the English Language Proficiency Assessments for California and Approve the Local Educational Agency Apportionment Rates.

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 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 (Geographic Limitations - Non-classroom Based)

Item W-01 (DOC)

Subject: Requests by four local educational agencies to waive portions of Education Code sections 47605 and 47605.1 for four charter schools which concern Nonclassroom-Based Charter School Resource Center Location.

Waiver Numbers:

  • Adelanto Elementary School District 16-8-2017
  • Big Sur Unified School District 2-8-2017
  • Vallecitos Elementary School District 1-9-2017
  • Washington Unified School District 12-8-2017

(Recommended for APPROVAL WITH CONDITIONS)


Equity Length of Time

Item W-02 (DOC)

Subject: Request by Santa Clara Unified School District to waive California Education Code Section 37202(a), the equity length of time requirement for transitional kindergarten and kindergarten programs at the districts’ elementary schools.

Waiver Number: 8-8-2017

(Recommended for APPROVAL WITH CONDITIONS)


Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)

Item W-03 (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:

  • Mariposa County Unified School District Fed-16-2017
  • Templeton Unified School District Fed-15-2017

(Recommended for APPROVAL)


Instructional Time Requirement Audit Penalty (Below 1982-83 Base Minimum Minutes)

Item W-04 (DOC)

Subject: Request by Moorpark Unified School District under the authority of the California Education Code Section 46206(a), to waive Education Code Section 46200, the audit penalty for offering fewer instructional days in the 2016–17 school year for students in grades six through eight (shortfall of one day) at district schools.

Waiver Number: 10-8-2017

(Recommended for APPROVAL WITH CONDITIONS)


Out-of-State Use of Funds and Transportation Allowances

Item W-05 (DOC)

Subject: Request by two school districts to waive a portion of California Education Code Section 35330(b)(3), to authorize expenditures of school district funds for students to travel out of state.

Waiver Numbers:

  • Alhambra Unified School District 15-8-2017
  • Coachella Valley Unified School District 9-8-2017

(Recommended for APPROVAL)


Sale or Lease of Surplus Property (Sale of Surplus Property)

Item W-06 (DOC)

Subject: Request by two school districts to waive all or portions of California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Numbers:

  • Jurupa Unified School District 13-7-2017
  • San Bruno Park Elementary School District 1-7-2017

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified)

Item W-07 (DOC)

Subject: Request by Rosemead Elementary School District to waive California Education Code sections 15102 and 15268 to allow the district to exceed its bonded indebtedness limit. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for high school and elementary school districts. Depending on the type of bond, a tax rate levy limit to $30 per $100,000 of assessed value for high school and elementary school districts may also apply.

Waiver Number: 5-7-2017

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (60 day Requirement to Fill Board Vacancy)

Item W-08 (DOC)

Subject: Request by Oak Run 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: 4-8-2017

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-09 (DOC)

Subject: Request by three local educational agencies to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.

Waiver Numbers:    

  • Antelope Valley Union High School District 12-7-2017
  • Ontario-Montclair Unified School District 11-8-2017
  • Tustin Unified School District 9-7-2017

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-10 (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 schoolsite councils regarding changes in shared, composition, or shared and composition members.

Waiver Numbers: 

  • Mt. Shasta Union Elementary School District 3-8-2017
  • Stanislaus County Office of Education 13-8-2017                                   

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-11 (DOC)

Subject: Requests by two county offices 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 students meet minimum qualifications as of August 4, 2017, to allow two interpreters to continue to provide services to students until June 30, 2018, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • San Joaquin County Office of Education 4-9-2017
  • San Luis Obispo County Office of Education 2-9-2017

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Extended School Year)

Item W-12 (DOC)

Subject: Request by Fallbrook Union Elementary School District to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days for an extended school year (summer school) for students with disabilities.

Waiver Number: 11-7-2017

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report (CAASPP)

Item W-13 (DOC)

Subject: Request by two local educational agencies 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 862(b)(2)(A), regarding the California Assessment of Student Performance and Progress System.

Waiver Numbers:

  • Norris Elementary School District 1-8-2017
  • Templeton Unified School District 7-7-2017

(Recommended for APPROVAL)


Charter School Program (Geographic Limitations - Non-classroom Based)

Item W-14 (DOC)

Subject: Request by Wiseburn Unified School District to waive portions of Education Code sections 47605 and 47605.1 for RISE High which concern Nonclassroom-Based Charter School Resource Center Location.

Waiver Number: 6-8-2017

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 09 (DOC)        

Subject: California Assessment of Student Performance and Progress: Determination of the Release of Up to 10 Percent Withheld for the 2016–17 Educational Testing Service Contract.

Type of Action:  Action, Information


Item 10 (DOC; 2MB)     

Subject: California Assessment of Student Performance and Progress: Approve Commencement of a Second 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 850 through 859.

Type of Action:  Action, Information


Item 11 (DOC)  

Subject: Approval of the Career Technical Education Incentive Grant: Round 3 Grantee List.

Type of Action:  Action, Information


Item 12 (DOC) 

Subject: 2018 Science Instructional Materials Adoption: Appointment of Reviewers and Approval of Trainers.

Type of Action:  Action, Information


Item 13 (DOC)       

Subject: Instructional Materials Adoptions—Adopt Proposed Amendments to California Code of Regulations, Title 5, Section 9517.3.

Type of Action:  Action, Information


Item 14 (DOC)  

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

Type of Action: Action, Information


Item 15 (DOC)       

Subject: Approval of 2017–18 Consolidated Applications.

Type of Action:  Action, Information


Revised Item 16 (DOC; Posted 02-Nov-2017)
Note: This revision includes: Page 3, added Attachment 4i; Attachment 3, page 2 - added reference to Attachment 4i; Attachment 4 -added various comments. Attachment 4a-4i was typed and consolidated in order to make it accessible. This consolidation altered the number of pages.

Revised Item 16 Attachment 4 (PDF; Posted 02-Nov-2017)
Note: Item 16 Attachment 4a to 4i with searchable text.

Item 16 (DOC)

Subject: California Education for a Global Economy Initiative: Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to Title 5 of the California Code of Regulations Sections 11300, 11301, 11309, 11310, 11311, 11312 and 11316

Type of Action:  Action, Information


Item 17 (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 9, 2017

Thursday, November 9, 2017 – 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

PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items Thursday.

PUBLIC HEARING

The following Public Hearing will commence no earlier than 8:30 a.m. on Thursday, November 9, 2017. The Public Hearing listed below will be held as close to 8:30 a.m. as the business of the State Board permits.

Item 18 (DOC)         

Subject: 2017 History–Social Science Adoption of K–8 Instructional Materials: Instructional Quality Commission Recommendations.

Type of Action:  Action, Information, Public Hearing

END OF PUBLIC HEARING


Item 19 (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

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; and 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 November 3, 2017, the Friday prior to the meeting. If you do not meet the deadline, please provide 25 copies to distribute at the meeting.

Questions: State Board of Education | sbe@cde.ca.gov | 916-319-0827 
Last Reviewed: Tuesday, November 7, 2017
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