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SBE Agenda for May 2018

Agenda for the California State Board of Education (SBE) meeting on May 9, 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, May 9, 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

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

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, San Jose Unified School District v. California State Board of Education, State Department of Education, Promise Academy, Real Party in Interest, Sacramento County Superior Court, Case No. 34-2018-80002834
  • 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

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

Wednesday, May 9, 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

PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items on Wednesday. For item 2 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: Update on the Development of California’s System of Support for Local Educational Agencies and Schools.

Type of Action: Action, Information


Item 02 (DOCX)

Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Approval of a Student Growth Model and the One-Year Graduation Rate for Schools with Dashboard Alternative School Status, and Update on the California School Dashboard.

Type of Action: Action, Information


Item 03 (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: Information


Item 04 (DOCX)

Subject: English Language Proficiency Assessments for California: Approval of the Operational Initial Assessment Preliminary Threshold Scores and Composite Weights 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 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.

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

Item W-01 (DOCX)

Subject: Request by four 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:

  • Acton-Agua Dulce Unified School District 22-2-2018
  • Acton-Agua Dulce Unified School District 23-2-2018
  • Enterprise Elementary School District 14-2-2018
  • Evergreen Union School District 12-1-2018
  • New Jerusalem Elementary School District 13-1-2018
  • New Jerusalem Elementary School District 14-1-2018

(Recommended for APPROVAL)


CHARTER SCHOOL PROGRAM (Other Waiver)

Item W-02 (DOCX)

Subject: Request by San Diego Unified School District to waive portions of California Education Code Section 47652, relating to the grade level expansion requirement for continuing charter schools and the capping of average daily attendance in the special advance apportionment.

Waiver Number: 6-2-2018

(Recommended for DENIAL)


COMMUNITY DAY SCHOOLS (CDS) (Minimum School Day)

Item W-03 (DOCX)

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

Waiver Number: 27-1-2018

(Recommended for APPROVAL WITH CONDITIONS)


INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Charter - Minimum Instructional Time)

Item W-04 (DOCX)

Subject: Request by Encore High School for the Arts - Riverside under the authority of the California Education Code Section 47612.6(a), to waive Education Code Section 47612.5(c), the audit penalty for offering less instructional time in the 2015–16 school year for students in grades nine and ten (shortfall of 5,400 minutes) at the charter school.

Waiver Number: 20-1-2018

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit)

Item W-05 (DOCX)

Subject: Request by the Albany City Unified School District to waive a portion of California Education Code sections 15106 and 15270(a) 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: 13-2-2018

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-06 (DOCX)

Subject: Request by Happy Camp 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: 12-3-2018

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-07 (DOCX)

Subject: Request by thirteen 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:

  • Apple Valley Unified School District 21-2-2018
  • Barstow Unified School District 17-1-2018
  • Central Elementary School District 5-2-2018
  • Chaffey Joint Union High School District 12-2-2018
  • Hesperia Unified School District 2-3-2018
  • Inglewood Unified School District 26-2-2018
  • Irvine Unified School District 18-3-2018
  • Lowell Joint School District 15-2-2018
  • Morongo Unified School District 9-3-2018
  • Santa Rosa City Schools 38-3-2018
  • Ventura Unified School District 22-1-2018
  • Victor Elementary School District 21-1-2018
  • Victor Valley Union High School District 42-3-2018

(Recommended for APPROVAL)


SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)

Item W-08 (DOCX)

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:

  • Barstow Unified School District 25-1-2018
  • Barstow Unified School District 26-1-2018
  • Maple Creek Elementary School District 8-1-2018
  • Salinas Union High School District 3-2-2018
  • San Joaquin County Office of Education 18-2-2018
  • Tahoe-Truckee Unified School District 18-1-2018
  • Tahoe-Truckee Unified School District 19-1-2018

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-09 (DOCX)

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 pupils meet minimum qualifications as of July 1, 2009, to allow Amie Denner and Heather Pedraza to continue to provide services to students until June 30, 2019, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • San Joaquin County Office of Education 10-2-2018
  • Siskiyou County Office of Education 27-2-2018

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Extended School Year)

Item W-10 (DOCX)

Subject: Request by six 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:

  • Hanford Elementary School 23-1-2018
  • Hesperia Unified School District 7-2-2018
  • Monterey County Office of Education 24-1-2018
  • Oceanside Unified School District 1-2-2018
  • Oroville City Elementary School District 16-1-2018
  • Paradise Unified School District 3-1-2018

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-11 (DOCX)

Subject: Request by two local educational agencies, under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100, to waive Education Code Section 56362(c). 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:

  • King City Union School District 5-1-2018
  • Newman-Crows Landing Unified School District 19-2-2018
  • Newman-Crows Landing Unified School District 20-2-2018

(Recommended for APPROVAL WITH CONDITIONS)


STATE MEAL MANDATE (Summer School Session)

Item W-12 (DOCX)

Subject: Request by three school districts under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the summer school session.

Waiver Numbers:

  • Eastern Sierra Unified School District 5-3-2018
  • Mark West Union Elementary School District 25-2-2018
  • Wiseburn Unified School District 28-1-2018

(Recommended for APPROVAL)


State Testing Apportionment Report (CAASPP and CELDT)

Item W-13 (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 (5 CCR), 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:

  • Cottonwood Union Elementary School District 1-3-2018
  • Keppel Union Elementary School District 24-2-2018

(Recommended for APPROVAL)

END OF WAIVERS


Item 05 (DOCX)

Subject: Approval of 2017–18 Consolidated Applications.

Type of Action: Action, Information


Item 06 (DOCX)

Subject: 2018 Science Instructional Materials Adoption: Approval of Additional Facilitators.

Type of Action: Action, Information


Item 07 (DOCX)

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

Type of Action: Action, Information


Item 08 (DOCX)

Subject: Consideration of Requests 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 09 (DOCX)

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

Type of Action: Action, Information


Item 10 (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


PUBLIC HEARINGS

The following Public Hearings will commence no earlier than 8:30 a.m. on Wednesday, May 9, 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 11 (DOCX)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of International Studies Language Academy, which was denied by the Los Angeles Unified School District and the Los Angeles County Board of Education.

Type of Action: Action, Information, Public Hearing


Item 12 (DOCX)

Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Spark Charter School, which was denied by the Santa Clara County Office of Education.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARINGS


Item 13 (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 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 May 4, 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: Monday, May 14, 2018
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