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SBE Agenda for March 2018

Agenda for the California State Board of Education (SBE) meeting on March 14-15, 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

Wednesday, March 14, 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

Thursday, March 15, 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

Wednesday, March 14, 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 1

PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items on Wednesday and Thursday. For items 1 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 (DOCX)

Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Updates and Recommended Action Regarding Local Indicators; and Update on the Continuing Development Work and Revisions Under Consideration for the 2018 California School Dashboard.

Type of Action: Action, Information


Item 02 (DOCX)

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

Type of Action: Action, Information


Item 03 (DOCX)

Subject: Indicator 17 of the State Performance Plan and Annual Performance Report for Special Education: Indicator 17.

Type of Action: Action, Information


Item 04 (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.

Type of Action: Action, Information


PUBLIC HEARINGS

The following Public Hearings will commence no earlier than 2:00 p.m. on Wednesday, March 14, 2018. The Public Hearings listed below will be held as close to 2:00 p.m. as the business of the State Board permits.

Item 05 (DOCX)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Knowledge Is Power Program Bayview Elementary School, which was denied by the San Francisco Unified School District.

Type of Action: Action, Information, Public Hearing


Item 06 (DOCX)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Knowledge Is Power Program East Side High School, which was denied by the East Side High School District and the Santa Clara County Board of Education.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARINGS


Item 07 (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

END OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session, Day 2

Thursday, March 15, 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 on Thursday.

Item 08 (DOCX)

Subject: California Assessment of Student Performance and Progress: Update on Program Activities Related to the California Assessment of Student Performance and Progress System.

Type of Action: Action, Information


Item 09 (DOCX)

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

Type of Action: Action, Information


Item 10 (DOCX)

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

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 that they 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. Action different from that recommended by CDE staff may be taken.

Community Day Schools (CDS) (Minimum School Day)

Item W-01 (DOCX)

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

Waiver Number: 17-9-2017

(Recommended for APPROVAL WITH CONDITIONS)


Community Day Schools (CDS) (Minimum School Day)

Item W-02 (DOCX)

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

Waiver Number: 16-12-2017

(Recommended for APPROVAL WITH CONDITIONS)


Principal Evaluation and Assessment (Extend Timeline of Evaluation)

Item W-03 (DOCX)

Subject: Request by Lincoln Unified School District to waive California Education Code Section 44663(b) evaluation dates of June 30 and July 30 for non-instructional certificated employees so that California Assessment of Student Performance and Progress test results for the year may be included in the evaluation criteria for those management employees.

Waiver Number: 7-1-2018

(Recommended for DENIAL)


School Construction Bonds (Bond Indebtedness Limit)

Item W-04 (DOCX)

Subject: Request by Franklin-McKinley 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 elementary school districts. Depending on the type of bond, a tax rate levy limit to $30 per $100,000 of assessed value for elementary school districts may also apply.

Waiver Number: 32-12-2017

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-05 (DOCX)

Subject: Request by three local educational agencies 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 Numbers:

  • Central Union Elementary School District 19-11-2017
  • Mountain Union Elementary School District 12-12-2017
  • Shasta Union Elementary School District 36-12-2017

(Recommended for APPROVAL)


School District Reorganization (Election of Governing Board)

Item W-06 (DOCX)

Subject: Request by 15 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:

  • Cajon Valley Union School District 2-1-2018
  • Carlsbad Unified School District 20-12-2017
  • Covina-Valley Unified School District 10-1-2018
  • Cucamonga Elementary School District 1-12-2017
  • Etiwanda Elementary School District 7-11-2017
  • Martinez Unified School District 33-12-2017
  • Murrieta Valley Unified School District 30-12-2017
  • Newport-Mesa Unified School District 23-12-2017
  • Oceanside Unified School District 8-12-2017
  • Placentia-Yorba Linda Unified School District 7-12-2017
  • Redwood City Elementary School District 29-12-2017
  • San Benito High School District 35-12-2017
  • San Dieguito Union High School District 19-12-2017
  • Westminster Unified School District 11-1-2018
  • Yucaipa-Calimesa Unified School District 9-1-2018

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-07 (DOCX)

Subject: Request by Poway Unified School District 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 Number: 28-12-2017

(Recommended for APPROVAL)


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

Item W-08 (DOCX)

Subject: Request by five 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:

  • Capistrano Unified School District 14-12-2017
  • Compton Unified School District 22-12-2017
  • Covina-Valley Unified School District 31-12-2017
  • Hughson Unified School District 21-11-2017
  • South Pasadena Unified School District 18-12-2017

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-09 (DOCX)

Subject: Request by Pasadena Unified School District to waive all or portions of California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Number: 4-12-2017

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-10 (DOCX)

Subject: Request by Sequoia Union High School District 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 Number: 2-11-2017

(Recommended for APPROVAL)


School District Reorganization (Lapsation of a Small District)

Item W-11 (DOCX)

Subject: Request by Desert Center Unified School District to waive California Education Code Section 35780(a), which requires lapsation of a district with an average daily attendance of less than 11 in ninth through twelfth grades.

Waiver Number: 6-1-2018

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-12 (DOCX)

Subject: Request by 14 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:

  • Auburn Union Elementary School District 18-11-2017
  • Baker Valley Unified School District 6-12-2017
  • Bishop Unified School District 17-12-2017
  • Butte Valley Unified School District 30-11-2017
  • Contra Costa County Office of Education 3-11-2017
  • Contra Costa County Office of Education 4-11-2017
  • Del Norte County Office of Education 16-11-2017
  • Del Norte County Unified School District 14-11-2017
  • Del Norte County Unified School District 15-11-2017
  • Fontana Unified School District 24-12-2017
  • Fontana Unified School District 25-12-2017
  • Lagunitas Elementary School District 17-11-2017
  • Lewiston Elementary School District 9-11-2017
  • Oak Run Elementary School District 29-11-2017
  • Pine Ridge Elementary School District 13-11-2017
  • Ripon Unified School District 25-11-2017
  • Temple City Unified School District 24-11-2017

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Extended School Year [Summer School])

Item W-13 (DOCX)

Subject: Request by 10 local educational agencies 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 Numbers:

  • Butte County Office of Education 22-11-2017
  • Chula Vista Elementary School District 5-11-2017
  • Fall River Joint Unified School District 12-11-2017
  • Fremont Union High School District 13-12-2017
  • Greenfield Union School District 8-11-2017
  • San Marcos Unified School District 2-12-2017
  • San Pasqual Valley Unified School District 28-11-2017
  • South Bay Union School District 11-12-2017
  • Tulare County Office of Education 5-12-2017
  • Visalia Unified School District 15-12-2017

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-14 (DOCX)

Subject: Request by four local educational agencies, under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100, to waive California Education Code 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 Numbers:

  • Gerber Union Elementary School District 34-12-2017
  • Moreland Unified School District 26-11-2017
  • Rescue Union Elementary School District 4-1-2018
  • Sierra Sands Unified School District 1-1-2018

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report (CAASPP)

Item W-15 (DOCX)

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:

  • Pomona Unified School District 21-12-2017
  • Shandon Joint Unified School District 27-11-2017

(Recommended for APPROVAL)

END OF WAIVERS


Item 11 (DOCX)

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

Type of Action: Action, Information


Item 12 (DOCX)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs with an update on the Draft Local Control and Accountability Plan Federal Addendum Template and Proposed Approval Process.

Type of Action: Action, Information


Item 13 (DOCX)

Subject: Approval of 2017–18 Consolidated Applications.

Type of Action: Action, Information


Item 14 (DOCX)

Subject: Approval of the modifications to “California’s Strategic Workforce Development Plan: Skills Attainment for Upward Mobility; Aligned Services for Shared Prosperity: California’s Workforce Development Plan Under the Workforce Innovation and Opportunity Act (WIOA) for Program Years 2016–2020.”

Type of Action: Action, Information


Item 15 (DOCX)

Subject: Consideration of a Request for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 16 (DOCX)

Subject: Consideration of Retroactive Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 17 (DOCX)

Subject: Consideration of a Retroactive Request for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances as Required for a Nonclassroom-based Charter School Pursuant to California Education Code sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 18 (DOCX)

Subject: Reconsideration of Requests for Determinations of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2; California Code of Regulations, Title 5 Section 11963.6(g); and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 19 (DOCX)

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

Type of Action: Action, Information


PUBLIC HEARINGS (MORNING)

The following Public Hearings will commence no earlier than 10:30 a.m. on Thursday, March 15, 2018. The Public Hearings listed below will be held as close to 10:30 a.m. as the business of the State Board permits.

Item 20 (DOCX)

Subject: Petition for the Establishment of a Charter School under the Oversight of the State Board of Education: Consideration of the Vista Springs Charter School, which was denied by the Vista Unified School District and no action was taken by the San Diego County Board of Education.

Type of Action: Action, Information, Public Hearing


Item 21 (DOCX)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Baypoint Preparatory Academy–San Diego, which was denied by the San Marcos Unified School District and the San Diego County Board of Education.

Type of Action: Action, Information, Public Hearing


PUBLIC HEARINGS (AFTERNOON)

The following Public Hearings will commence no earlier than 12:30 p.m. on Thursday, March 15, 2018. The Public Hearings listed below will be held as close to 12:30 p.m. as the business of the State Board permits.

Item 22 (DOCX)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of College Preparatory Middle School-La Mesa Spring Valley, which was denied by the La Mesa Spring Valley School District and the San Diego County Board of Education.

Type of Action: Action, Information, Public Hearing


Item 23 (DOCX)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Phoenix Charter Academy, which was denied by the Shasta Union High School District and the Shasta County Board of Education.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARINGS


Item 24 (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

ADJOURNMENT OF DAY’S SESSION


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 March 9, 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: Wednesday, March 14, 2018
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