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SBE Agenda for January 2018

Agenda for the California State Board of Education (SBE) meeting on January 18-19, 2018.

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

Thursday, January 18, 2018
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

Friday, January 19, 2018
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
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 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 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
  • Ella T et al. v. State of California, State Board of Education, State Department of Education, Tom Torlakson et al., Los Angeles County Superior Court, Case No. BC685730.
  • 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

Thursday, January 18, 2018 – 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

AGENDA ITEMS DAY 1

PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items Thursday and Friday. For items 3 and 5 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 (DOCX)

Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Update on the California School Dashboard.

Type of Action: Action, Information


Item 02 (DOCX)

Subject: State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 covering program year 2016–17.

Type of Action: Action, Information


Item 03 (DOCX)

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

Type of Action: Action, Information


Item 04 (DOCX)

Subject: 2018 United States Senate Youth Program Presentation.

Type of Action: Action, Information


Item 05 (DOCX)

Subject: Update on the Development of the California State Plan for the Every Student Succeeds Act: Approval of the Revisions to the State Plan for Resubmission to the U.S. Department of Education and Update on the Eligibility Criteria for the Identification of the Lowest Performing Title I Schools.

Type of Action: Action, Information


Item 06 (DOCX)

Subject: California Assessment of Student Performance and Progress: Approval of California Alternate Assessment for Science Test Blueprint, General Achievement Level Descriptors, and Score Reporting Structure, and Approval of the 2018 Local Educational Agency Apportionment Rates.

Type of Action: Action, Information


Item 07 (DOCX)

Subject: California Assessment of Student Performance and Progress: Approval of the Proposed Contract Renewal with Educational Testing Service for the California Assessment of Student Performance and Progress.

Type of Action: Action, Information


Item 08 was withdrawn by the California Department of Education on December 22, 2017

Item 08

Subject: California Education for a Global Economy (CA Ed.G.E.) Initiative: Adoption of Amendments to Title 5 of the California Code of Regulations Sections 11300, 11301, 11309, 11310, and 11316 and Adoption of Proposed Sections 10200, 11311 and 11312.

Type of Action: Action, Information

[Note: the preceding information about Item 08 contains strikethroughs which indicate the item has been withdrawn.]


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.

ADMINISTRATOR/TEACHER RATIO (Administrator/Teacher Ratio in Unified School District)

Item W-01 (DOCX)

Subject: Request by Surprise Valley Joint Unified School District to waive California Education Code Section 41402(b), the requirement which sets the ratio of administrators to teachers for unified school districts at eight for every 100 teachers.

Waiver Number: 8-10-2017

(Recommended for APPROVAL WITH CONDITIONS)


CLASS SIZE PENALTIES (Over Limit on Grades 1-3)

Item W-02 (DOCX)

Subject: Request by Calaveras Unified School District under the authority of California Education Code Section 41382, to waive portions of California Education Code Section 41376(a), (c), and (d), relating to class size penalties for grades one through three. Allowable class size average is 30 to one with no class larger than 32 for grades one through three.

Waiver Number: 19-9-2017

(Recommended for APPROVAL WITH CONDITIONS)


FEDERAL PROGRAM WAIVER (Carl D. Perkins Voc and Tech Ed Act)

Item W-03 (DOCX)

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:

  • Cloverdale Unified School District Fed-17-2017
  • Muroc Joint Unified School District Fed-18-2017

(Recommended for APPROVAL)


INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Below 1982-83 Base Minimum Minutes)

Item W-04 (DOCX)

Subject: Request by Southern Kern Unified School District under the authority of the California Education Code Section 46206(a), to waive Education Code Section 46201(a), the audit penalty for offering less instructional time in the 2015–16 school year for students in grades nine through twelve (shortfall of 725 minutes) at one district school.

Waiver Number: 56-6-2017

(Recommended for APPROVAL WITH CONDITIONS)


OUT-OF-STATE USE OF FUNDS AND TRANSPORTATION ALLOWANCES

Item W-05 (DOCX)

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:

  • Elk Grove Unified School District 16-10-2017
  • Ontario-Montclair Unified School District 6-9-2017

(Recommended for APPROVAL)


PHYSICAL EDUCATION PROGRAM (Block Schedules)

Item W-06 (DOCX)

Subject: Request by Los Angeles Unified School District to waive portions of California Education Code Section 51222(a), related to the statutory minimum requirement of 400 minutes of physical education each ten school days for students in grades nine through twelve in order to implement a block schedule at East Valley High School, John H. Francis Polytechnic High School, Reseda High School, and Verdugo Hills High School.

Waiver Numbers:

  • East Valley High School 41-6-2017
  • John H. Francis Polytechnic High School 42-6-2017
  • Reseda High School 43-6-2017
  • Verdugo Hills High School 44-6-2017

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-07 (DOCX)

Subject: Request by three 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:

  • Brea-Olinda Unified School District 20-9-2017
  • Claremont Unified School District 17-10-2017
  • Sacramento City Unified School District 14-10-2017

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Unified School District)

Item W-08 (DOCX)

Subject: Request by Mendota Unified School District to waive California Education Code Section 15106 to allow the district to exceed its bonded indebtedness limit. Total bonded indebtedness may not exceed 2.5 percent of the taxable assessed valuation of property for unified school districts. Depending on the type of bond, a tax rate levy limit to $60 per $100,000 of assessed value for unified school districts may also apply.

Waiver Number: 10-10-2017

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Citizens Oversight Comittee - Term Limits)

Revised Item W-09 (DOCX; Posted 17-Jan-2018)

Item W-09 (DOCX)

Subject: Request by the Oxnard Unified School District to waive California Education Code Section 15282(a), relating to term limits for a member of its Citizens’ Oversight Committee for all construction bonds in the district.

Waiver Number: 1-11-2017

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-10 (DOCX)

Subject: Request by Laytonville Unified 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: 6-11-2017

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-11 (DOCX)

Subject: Request by two 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:

  • Dublin Unified School District 11-10-2017
  • San Marcos Unified School District 4-10-2017

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-12 (DOCX)

Subject: Request by Dunsmuir Elementary School District to waive California Education Code Section 5020 that requires a districtwide election to reduce the number of governing board members from five to three.

Waiver Number: 11-9-2017

(Recommended for APPROVAL)


SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)

Item W-13 (DOCX)

Subject: Request by 10 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:

  • Delano Joint Union High School District 5-9-2017
  • Hanford Elementary School District 21-9-2017
  • Hanford Joint Union High School District 18-9-2017
  • Hilmar Unified School District 9-10-2017
  • Konocti Unified School District 7-9-2017
  • Los Angeles County Office of Education 10-9-2017
  • North Cow Creek Elementary School District 13-10-2017
  • Placer County Office of Education 15-10-2017
  • Valley Center-Pauma Unified School District 9-9-2017
  • Waugh Elementary School District 13-9-2017

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Child Specific/ NPA or NPS Certification)

Item W-14 (DOCX)

Subject: Request by Ventura Unified School District to waive California Education Code Section 56366(d), the requirement for state certification to allow an uncertified out-of-state nonpublic school, American School for the Deaf/Positive Attitudes Concerning Education and Socialization Program, located in Hartford, Connecticut, to provide services to a California student with disabilities.

Waiver Number: 18-10-2017

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-15 (DOCX)

Subject: Requests by Fresno County Office of Education, San Luis Coastal Unified School District, and Sutter County Office 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 pupils meet minimum qualifications as of July 1, 2009, to allow Hannah DeVous, Jessica Vasquez, Kathryn Robasciotti and David O’ Campo to continue to provide services to students until June 30, 2018, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • Fresno County Office of Education 14-9-2017
  • San Luis Coastal Unified School District 36-6-2017
  • Sutter County Office of Education 12-9-2017

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Extended School Year [Summer School])

Item W-16 (DOCX)

Subject: Request by Red Bluff 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: 12-10-2017

(Recommended for APPROVAL WITH CONDITIONS)


STATE TESTING APPORTIONMENT REPORT (CAASPP)

Item W-17 (DOCX)

Subject: Request by three 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:

  • Claremont Unified School District 16-9-2017
  • Lincoln Unified School District 2-10-2017
  • Pleasant Ridge Union Elementary School District 7-10-2017

(Recommended for APPROVAL)


COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)

Item W-18 (DOCX)

Subject: Request by Folsom-Cordova Unified School District for a waiver of portions of California Education Code Section 48661(a) to permit collocation of Prospect Community Day School, a community day school, on the same site as Kinney Continuation High School, a continuation high school.

Waiver Number: 6-10-2017

(Recommended for APPROVAL WITH CONDITIONS)


COMMUNITY DAY SCHOOLS (CDS) (Minimum School Day)

Item W-19 (DOCX)

Subject: Request by Madera Unified School District to waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.

Waiver Number: 1-10-2017

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 09 (DOCX)

Subject: English Language Proficiency Assessments for California: Approval of the General Performance Level Descriptors for the Initial Assessment.

Type of Action: Action, Information


Item 10 (DOCX)

Subject: California High School Proficiency Examination: Readoption of the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 11520, 11524, 11525, and 11526.

Type of Action: Action, Information


Item 11 (DOCX)

Subject: California High School Proficiency Examination: Adoption of the Amendments to the California Code of Regulations, Title 5, Sections 11520, 11524, 11525, and 11526.

Type of Action: Action, Information


Item 12 (DOCX)

Subject: Approval of 2017–18 Consolidated Applications.

Type of Action: Action, Information


Item 13 (DOCX)

Subject: 2018 Science Instructional Materials Adoption: Requests for Reduction of the Publisher Participation Fee.

Type of Action: Action, Information


Item 14 (DOCX)

Subject: 2018 Science Instructional Materials Adoption: Approval of Evaluation Criteria and Standards Maps.

Type of Action: Action, Information


Item 15 (DOCX)

Subject: 2019 Visual and Performing Arts Standards Revision: Approval of Guidelines for the Revision of the Visual and Performing Arts Standards for California Public Schools, Prekindergarten through Grade Twelve and Appointment of Members of the Visual and Performing Arts Standards Advisory Committee.

Type of Action: Action, Information


Item 16 (DOCX)

Subject: 2019 World Language Standards Revision: Approval of the Guidelines for the Revision of the World Language Standards for California Public Schools, Prekindergarten Through Grade Twelve and Appointment of Members of the World Language Standards Advisory Committee.

Type of Action: Action, Information


Item 17 (DOCX)

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

Type of Action: Action, Information


Item 18 was withdrawn by the California Department of Education on January 5, 2018

Item 18

Subject: Superintendent Projects and Priorities: Including, but not limited to, updates on the Superintendent’s Initiatives; Continuous Improvement efforts of the California Department of Education; special presentations; and other matters of interest.

Type of Action: Information

[Note: the preceding information about Item 18 contains strikethroughs which indicate the item has been withdrawn.]


Item 19 (DOCX)

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


Item 20 (DOCX)

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

END OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session, Day 2

Friday, January 19, 2018 – 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 Friday.

PUBLIC HEARINGS

The following Public Hearings will commence no earlier than 8:30 a.m. on Friday, January 19, 2018. The Public Hearings listed below will be held as close to 8:30 a.m. as the business of the State Board permits.

Item 21 (DOCX)

Subject: Proposed Formation of a New Alpine Unified School District from the Alpine Union Elementary School District and Corresponding Portion of the Grossmont Union High School District in San Diego County.

Type of Action: Action, Information, Public Hearing


Item 22 was withdrawn by the petitioner on January 11, 2018

Item 22

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Pacific Valley Charter Academy, which was denied by the Vacaville Unified School District and the Solano County Office of Education.

Type of Action: Action, Information, Public Hearing

[Note: the preceding information about Item 22 contains strikethroughs which indicate the item has been withdrawn.]


Item 23 (DOCX)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Perseverance Preparatory School, which was denied by the San Jose Unified School District and the Santa Clara County Board of Education.

Type of Action: Action, Information, Public Hearing


Item 24 (DOCX)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Promise Academy, which was denied by the San Jose Unified School District and the Santa Clara County Board of Education.

Type of Action: Action, Information, Public Hearing


Item 25 (DOCX)

Subject: Beacon Classical Academy: Take Action to Uphold the National School District Revocation of Beacon Classical Academy Pursuant to California Education Code Section 47607(f)(4).

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARINGS

ADJOURNMENT OF MEETING


This agenda is posted on the State Board of Education’s Web site [https://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 January 12, 2018, 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, January 30, 2018
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