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SBE Agenda for November 2018

Agenda for the California State Board of Education (SBE) meeting on November 8-9, 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
  • Gema Q. Cardenas, Student Member

Secretary & Executive Officer

  • Hon. Tom Torlakson

Executive Director

  • Karen Stapf Walters
Schedule of Meeting Location

Thursday, November 8, 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, November 9, 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 8:30a.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, Day 1

Thursday, November 8, 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 items 4 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: 2019-2020 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor for Consideration and Appointment.

Type of Action: Action, Information


Item 02 (DOCX)

Subject: Reports from the 2018 Student Advisory Board on Education.

Type of 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: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Action to Finalize the State and Local Indicators, Performance Standards, and Eligibility Criteria for Differentiated Assistance for Local Educational Agencies for the 2018 California School Dashboard.

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.

Type of Action: Action, Information


PUBLIC HEARINGS DAY 1

The following Public Hearings will commence no earlier than 11:30 a.m. on Thursday, November 8, 2018. The Public Hearing listed below will be held as close to 11:30 a.m. as the business of the State Board permits.

PLEASE NOTE: For item 6 only, each publisher will be limited to a total of two minutes of comment at the public hearing. Individual speakers will follow and will be limited to one minute each for public comment. There will be a separate sign-in sheet for publishers.

Item 06 (DOCX)

Subject: 2018 Science Adoption of K–8 Instructional Materials: Instructional Quality Commission Recommendations.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARINGS


Item 07 (DOCX)

Subject: Update on the Implementation of the California Next Generation Science Standards.

Type of Action: Information

END OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session, Day 2

Friday, November 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 DAY 2

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

Item 08 (DOCX)

Subject: California Assessment of Student Performance and Progress: Approval of the Proposed Contract Amendment with Educational Testing Service’s California Assessment of Student Performance and Progress Contract to Include the Integration of the English Language Proficiency Assessments for California, and Approval of the Proposed Contract Amendment with the University of California, Santa Cruz Interagency Agreement to Provide an Educator Reporting System, and Update on Program Activities.

Type of Action: Action, Information


Item 09 (DOCX)

Subject: English Language Proficiency Assessments for California: Approval of the Recommended Summative English Language Proficiency Assessments for California Threshold Scores.

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.

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

Item W-01 (DOCX)

Subject: Request by Castaic Union School District under the authority of California Education Code Section 41382, to waive portions of 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 to three. The district wishes to increase its average class size to 31 to one with no individual class larger than 33 for grades one to three.

Waiver Number: 9-5-2018

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-02 (DOCX)

Subject: Request by Sierra Unified School District 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 Number: Sierra Unified School District Fed-11-2018

(Recommended for APPROVAL)


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

Item W-03 (DOCX)

Subject: Requests by two local educational agencies under the authority of the California Education Code (EC) sections 46206(a) and 47612.6(a), to waive EC sections 46201(a) and 47612.5, the audit penalty for offering insufficient instructional minutes during the 2016–17 school year.

Waiver Numbers:

  • Escuela Popular Accelerated Family Learning Center 4-8-2018
  • Klamath-Trinity Joint Unified School District 8-5-2018

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-04 (DOCX)

Subject: Request by Sacramento City Unified School District under the authority of the California Education Code (EC) Section 47612.6(a), to waive EC Section 47612.5, the audit penalty for offering insufficient instructional minutes during the 2016–17 school year for students in grades nine and ten (shortfall of 2,680 minutes) at Sacramento Charter High School.

Waiver Number: 12-6-2018

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-05 (DOCX)

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

Waiver Numbers:

  • Ojai Unified School District 2-7-2018
  • Pomona Unifued School District 3-8-2018

(Recommended for APPROVAL WITH CONDITIONS)


School Construction Bonds (Bond Indebtedness Limit - Non-Unified)

Item W-06 (DOCX)

Subject: Request by five local educational agencies to waive California Education Code sections 15102 and 15268 (for elementary and high school districts), and 15106 and 15270(a) (for unified school districts), to allow the districts to exceed their bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for elementary and high school districts, and 2.50 percent of the taxable assessed valuation of property for unified school districts.

Waiver Numbers:

  • Central Unified School District 10-9-2018
  • Earlimart Elementary School District 10-8-2018
  • Hawthorne School District 7-8-2018
  • Lynwood Unified School District 4-9-2018
  • Roseville Joint Union High School District 1-8-2018

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-07 (DOCX)

Subject: Request by Igo, Ono, Platina Union 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: 9-8-2018

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-08 (DOCX)

Subject: Request by Whittier City 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: 8-9-2018

(Recommended for APPROVAL)


SCHOOLSITE COUNCIL STATUTE (Shared Schoolsite Council)

Item W-09 (DOCX)

Subject: Request by four 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:

  • Garden Grove Unified School District 3-7-2018
  • Plumas Unified School District 1-9-2018
  • Pomona Unified School District 11-8-2018
  • Stony Creek Joint Unified School District 22-6-2018

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 10 (DOCX)

Subject: Approval of 2018–19 Consolidated Applications.

Type of Action: Action, Information


Item 11 was withdrawn by the California Department of Education on November 5, 2018

Item 11

Subject: California Assessment of Student Performance and Progress: Approve Commencement of the Emergency Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 850, 854.1, 854.2, 854.3, 854.4, 859, 862, and 863.

Type of Action: Action, Information

[Note: the preceding information about Item 11 contains strikethroughs which indicate the item has been withdrawn.]


Item 12 was withdrawn by the California Department of Education on November 5, 2018

Item 12

Subject: California Assessment of Student Performance and Progress: Approve Commencement of Rulemaking for Amendments to the California Code of Regulations, Title 5, Sections 850, 854.1, 854.2, 854.3, 854.4, 859, 862, and 863.

Type of Action: Action, Information

[Note: the preceding information about Item 12 contains strikethroughs which indicate the item has been withdrawn.]


Item 13 (DOCX)

Subject: English Language Proficiency Assessments for California: Approval of the Readoption of the Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 11517.6, 11518, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.40, 11518.45, 11518.50, 11518.70, 11518.75, and 11519.5.

Type of Action: Action, Information


Item 14 (DOCX)

Subject: English Language Proficiency Assessments for California: Adoption of Amendments to the California Code of Regulations, Title 5, Sections 11517.6, 11518, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.40, 11518.45, 11518.50, 11518.70, 11518.75, and 11519.5.

Type of Action: Action, Information


Item 15 (DOCX)

Subject: California Assessment of Student Performance and Progress: Determination of the Release of Up to 10 Percent Withheld for the 2017–18 Educational Testing Service Contract.

Type of Action: Action, Information


Item 16 (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 17 (DOCX)

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

Type of Action: Action, Information


PUBLIC HEARINGS DAY 2

The following Public Hearing will commence no earlier than 8:30 a.m. on Friday, November 9, 2018. The Public Hearing listed below will be held as close to 8:30 a.m. as the business of the State Board permits.

Item 19 (DOCX)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Mary L. Booker Leadership Academy, which was denied by the San Francisco Unified School District and the San Francisco County Office of Education.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARINGS


Item 20 (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 21 (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 November 2, 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, November 8, 2018
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