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SBE Agenda for September 2018

Agenda for the California State Board of Education (SBE) meeting on September 6-7, 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
  • Gema Q. Cardenas, Student Member

Secretary & Executive Officer

  • Hon. Tom Torlakson

Executive Director

  • Karen Stapf Walters
Schedule of Meeting Location

Thursday, September 6, 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, September 7, 2018
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 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
  • Novak v. Irvine Unified School District, California Department of Education, State Board of Education, et al., Orange County Superior Court, Case No. 30-2018-0966786
  • 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, Day 1

Thursday, September 6, 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 Thursday and Friday. For item 1 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: Approval of the New Measures for the College/Career Indicator, Methodology for the Chronic Absenteeism Indicator, Cut Scores for the Dashboard Alternative Schools Status One-Year Graduation Rate, Reporting of the Five-Year Graduation Rate, and an Update on the 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: California Assessment of Student Performance and Progress: Update on Program Activities Related to the California Assessment of Student Performance and Progress System, Including But not Limited to, a Presentation on the Electronic Reporting Pilot.

Type of Action: Information


PUBLIC HEARINGS DAY 1

The following Public Hearings will commence no earlier than 10:30 a.m. on Thursday, September 6, 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 04 (DOCX)

Subject: Chief Petitioner Appeal from an Action of the San Mateo County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the Ravenswood City Elementary School District to the Menlo Park City Elementary School District in San Mateo County.

Type of Action: Action, Information, Public Hearing


Item 05 (DOCX)

Subject: La Honda-Pescadero Unified School District Appeal from an Action of the San Mateo County Committee on School District Organization to Approve a Petition to Transfer Territory from the La Honda-Pescadero Unified School District to the Portola Valley Elementary School District and the Sequoia Union High School District in San Mateo County.

Type of Action: Action, Information, Public Hearing


Item 06 (DOCX)

Subject: Chief Petitioner Appeal from an Action of the San Mateo County Committee on School District Organization to Approve a Petition to Transfer Territory from the La Honda-Pescadero Unified School District to the Portola Valley Elementary School District and the Sequoia Union High School District in San Mateo County.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARINGS


Item 07 (DOCX)

Subject: Computer Science Standards for California Public Schools, Kindergarten Through Grade Twelve, 2018: Adoption.

Type of Action: Action, Information


Item 08 (DOCX)

Subject: Recommendations of the California Computer Science Strategic Implementation Plan Panel.

Type of Action: Information


Item 09 (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

Friday, September 7, 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 Friday.

Item 10 (DOCX)

Subject: Career Technical Education in California: Overview of the Purview of the California Workforce Pathways Joint Advisory Committee; Review of K–12 Career Technical Education Funding; and Brief Summary of the Federal Strengthening Career Technical Education for the 21st Century Act.

Type of 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 (Nonclassroom-Based Funding)

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:

  • Adelanto Elementary School District 3-5-2018
  • Butte County Office of Education 11-5-2018
  • Imperial County Office of Education 1-7-2018
  • Vacaville Unified School District 4-5-2018

(Recommended for APPROVAL)


COMMUNITY DAY SCHOOLS (CDS) (Commingle Grade Levels)

Item W-02 (DOCX)

Subject: Request by Chawanakee Unified School District for a renewal waiver of California Education Code Section 48916.1(d), and portions of California Education Code Section 48660 to permit a community day school to serve students in grades four through twelve.

Waiver Number: 15-6-2018

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-03 (DOCX)

Subject: Request by eight 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:

  • Butte Valley Unified School District Fed-6-2018
  • Health Sciences High Fed-9-2018
  • Lucerne Valley Unified School District Fed-3-2018
  • Sierra-Plumas Joint Unified School District Fed-8-2018
  • Sutter Union High School District Fed-2-2018
  • Warner Unified School District Fed-4-2018
  • Westwood Unified School District Fed-5-2018
  • Wheatland Union High School District Fed-7-2018

(Recommended for APPROVAL)


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

Item W-04 (DOCX)

Subject: Request by four local educational agencies to waive all or portions of California Education Code (EC) sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Numbers:

  • Fountain Valley Elementary School District: 18-5-2018
  • Lake Elsinore Unified School District: 24-5-2018
  • Orcutt Union Elementary School District: 3-6-2018
  • San Bruno Park Elementary School District: 16-5-2018

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified after 2000)

Item W-05 (DOCX)

Subject: Request by the Lakeside Union Elementary School District to waive California Education Code (EC) 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. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value may also apply.

Waiver Number: 16-6-2018

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Unified S.D.)

Item W-06 (DOCX)

Subject: Requests by the Stockton Unified School District to waive California Education Code (EC) Section 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. Depending on the type of bond, a tax rate levy limit of $60 per $100,000 of assessed value may also apply.

Waiver Numbers:

  • 4-6-2018
  • 5-6-2018

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-07 (DOCX)

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: 30-6-2018

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-08 (DOCX)

Subject: Request by Palo Verde Union Elementary 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: 9-6-2018

(Recommended for APPROVAL)


SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)

Item W-09 (DOCX)

Subject: Request by seven 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:

  • Butte County Office of Education 27-6-2018
  • Butte County Office of Education 28-6-2018
  • Butte County Office of Education 29-6-2018
  • Chawanakee Unified School District 30-5-2018
  • Del Norte County Unified School District 26-5-2018
  • Fowler Unified School District 13-5-2018
  • Hanford Joint Union High School District 7-6-2018
  • Igo, Ono, Platina Union Elementary School District 6-5-2018
  • Redding Elementary School District 13-6-2018

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Algebra I Requirement for Graduation)

Item W-10 (DOCX)

Subject: Request by two local education agencies to waive, for two students with disabilities, California Education Code Section 51224.5(b), the requirement that all students complete a course in Algebra I (or equivalent) to be given a diploma of graduation, consistent with Education Code Section 56101.

Waiver Numbers:

  • Capistrano Unified School District 31-6-2018
  • Natomas Unified School District 7-5-2018

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-11 (DOCX)

Subject: Request by Chico Unified School District to waive California Education Code Section 56366.1(a), the requirement for state certification to allow the uncertified out-of-state nonpublic school, White River Academy located in Delta, Utah, to provide services to one student with disabilities.

Waiver Number: 20-5-2018

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-12 (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 Christina Corley Cradduck, Crystal Snow and Courtney Fair to continue to provide services to students until June 30, 2019, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • Santa Barbara County Office of Education 28-5-2018
  • Santa Barbara County Office of Education 29-5-2018
  • Shasta County Office of Education 5-5-2018

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-13 (DOCX)

Subject: Request by five 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:

  • Bakersfield City Schools 25-5-2018
  • Imperial County Office of Education 14-5-2018
  • Meadows Union Elementary School District 23-5-2018
  • Rialto Unified School District 21-5-2018
  • Westmorland Union Elementary School District 1-6-2018

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-14 (DOCX)

Subject: Request by two local educational agencies to waive Education Code Section 56362(c), allowing the caseloads of resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Numbers:

  • Tehama County Office of Education 2-5-2018
  • Waterford Unified School District 12-5-2018

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-15 (DOCX)

Subject: Request by Turlock Unified School District to waive Education Code Section 56362(c), allowing the caseloads of resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Number: 6-6-2018

(Recommended for APPROVAL WITH CONDITIONS)


CHARTER SCHOOL PROGRAM (Geographic Limitations - Non-classroom Based)

Item W-16 (DOCX)

Subject: Request by Dehesa Elementary School District, located in San Diego County, as chartering authority on behalf of Dehesa Charter School, a solely nonclassroom-based charter school, to waive Education Code Section 47605.1(c)(2), to permit Dehesa Charter School to operate four otherwise nonconforming resource centers in Riverside and Orange Counties.

Waiver Number: 17-6-2018

(Recommended for DENIAL)


SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)

Item W-17 (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: 10-6-2018

(Recommended for APPROVAL)

END OF WAIVERS


Item 11 (DOCX)

Subject: Approval of 2018–19 Consolidated Applications.

Type of Action: Action, Information


Item 12 (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 13 (DOCX)

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

Type of Action: Action, Information


Item 14 (DOCX)

Subject: Nutrition Guidelines for School Breakfast and Lunch: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5 (5 CCR), Division 1, Chapter 15, Subchapter 1, Article 4 Sections 15551, 15558, 15559, and 15560.

Type of Action: Action, Information


PUBLIC HEARINGS DAY 2

The following Public Hearings will commence no earlier than 8:30 a.m. on Friday, September 7, 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 15 (DOCX)

Subject: Perseverance Preparatory School: Consider a Material Revision of the Charter to Change from Opening 2018–19 to 2019–20.

Type of Action: Action, Information, Public Hearing


Item 16 (DOCX)

Subject: Promise Academy: Consider a Material Revision of the Charter to Change from Opening 2018–19 to 2019–20.

Type of Action: Action, Information, Public Hearing


Item 17 (DOCX)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Rocketship San Pablo Elementary, which was denied by the West Contra Costa Unified School District and the Contra Costa County Board of Education.

Type of Action: Action, Information, Public Hearing


Item 18 was withdrawn by the petitioner on September 6, 2018

Item 18

Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Imagine School at Imperial Valley, which was denied by the El Centro Elementary School District and the Imperial County Office of Education.

Type of Action: Action, Information, Public Hearing

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

END OF PUBLIC HEARINGS


Item 19 (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 [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 August 31, 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: Thursday, September 6, 2018
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