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Friday, July 6, 2012

SBE Agenda for July 2012 - State Board of Education (CA Dept of Education)

SBE Agenda for July 2012 - State Board of Education (CA Dept of Education):


SBE Agenda for July 2012

Agenda for the California State Board of Education (SBE) meeting on July 18 and 19, 2012.

State Board Members
Michael W. Kirst, President
Trish Williams, Vice President
Carl Cohn
Bruce Holaday
Aida Molina
James C. Ramos
Patricia A. Rucker
Ilene W. Straus
Caitlin Snell, Student Member
Vacancy
Vacancy
Secretary & Executive Officer
Hon. Tom Torlakson
Executive Director
Susan K. Burr
Schedule of Meeting
Location
Wednesday, July 18, 2012
8:30 a.m. Pacific Time +
STATE BOARD OF EDUCATION
Public Session
California Department of Education1430 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.

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 which follows will be considered and acted upon in closed session:
  • Alejo, et al. v. Jack O’Connell, State Board of Education, et al., San Francisco County Superior Court, Case No. CPF-09-509568 CA Ct. of Appeal, 2nd Dist., Case No. A130721
  • 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
  • California School Boards Association and its Education Legal Alliance, et al. v. The California State Board of Education, et al., Sacramento County Superior Court, Case No. 34-2008-00021188-CU-MC-GDS, CA Ct. of Appeal, 3rd Dist., Case No. No. C060957
  • Doe et al. v. State of California, Tom Torlakson, the California Department of Education, the State Board of Education, Dinuba Unified School District, Sacramento County Superior Court, Case No. 34-2012-80001164
  • Doe, Jane, and Jason Roe v. State of California, Tom Torlakson, the California Department of Education, the State Board of Education, Los Angeles Superior Court, Case No. BC445151
  • Emma C., et al. v. Delaine Eastin, et al., USDC (No.Dist.CA), Case No. C-96-4179
  • EMS-BP, LLC, Options for Youth Burbank, Inc., et al. v. California Department of Education, et al., Sacramento County Superior Court, Case No. 03CS01078 and 03CS01079 and related appeal
  • Graham et al. v the State Board of Education, the California Department of Education, Jack O’Connell, Fred Balcom, Tom Torlakson, Los Angeles County Superior Court, Case No. BC482694
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C054077 MMC
  • Options for Youth-Victor Valley, et al. v. California Department of Education, et al., Los Angeles County Superior Court, Case No. BC347454
  • Options for Youth, Burbank, Inc., San Gabriel, Inc. Upland, Inc. and Victor Valley, Notice of Appeal Before the Education Audit Appeals Panel, OAH Case No. 2006100966
  • Opportunity for Learning – PB, LLC; Opportunities Learning – C, LLC, and Opportunities for Learning WSH, LLC, Notice of Appeal Before the Audit Appeals Panel
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • Perris Union High School District v. California State Board of Education, California Department of Education, et al., Riverside County Superior Court, Case No. RIC520862
  • 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
  • Today’s Fresh Start, Inc. v. Los Angeles County Office of Education, et al., Los Angeles County Superior Court, Case No. BS112656, CA Ct. of Appeal, 2nd Dist., Case Nos. B212966
  • 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
Conference with Legal Counsel – Anticipated Litigation:  Under Government Code sections 11126(e)(1) and (e)(2)(B), the State Board of Education hereby provides public notice that it may meet in closed session to decide whether there is a significant exposure to litigation, and to consider and act in connection with matters for which there is a significant exposure to litigation.  Under Government Code sections 11126(e)(1) and (e)(2)(C), the State Board of Education hereby provides public notice that it may meet in closed session to decide to initiate litigation and to consider and act in connection with litigation it has decided to initiate.
Under Government Code section 11126(c)(14), the State Board of Education hereby provides public notice that it may meet in closed session to review and discuss the actual content of pupil achievement tests (including, but not limited to, the High School Exit Exam) that have been submitted for State Board approval and/or approved by the State Board.
Under Government Code section 11126(a), the State Board of Education hereby provides public notice that it may meet in closed session regarding the appointment, employment, evaluation of performance, or dismissal, discipline, or release of public employees, or a complaint or charge against public employees. Public employees include persons exempt from civil service under Article VII, Section 4(e) of the California Constitution.
Schedule of Meeting
Location
Thursday, July 19, 2012
8:30 a.m. Pacific Time +
STATE BOARD OF EDUCATION
Closed Session -- IF NECESSARY --
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

Schedule of Meeting
Location
Thursday, July 19, 2012
8:30 a.m. Pacific Time + (Upon Adjournment of Closed Session, if held.)
STATE BOARD OF EDUCATION
Public Session
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.
ALL TIMES ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE ONLY
ALL ITEMS MAY BE RE-ORDERED TO BE HEARD ON ANY DAY OF THE NOTICED MEETING
THE ORDER OF BUSINESS MAY BE CHANGED WITHOUT NOTICE
Persons wishing to address the State Board of Education on a subject to be considered at this meeting, including any matter that may be designated for public hearing, are asked, but not required, to notify the State Board of Education Office (see telephone/fax numbers below) by noon of the third working day before the scheduled meeting/hearing, stating the subject they wish to address, the organization they represent (if any), and the nature of their testimony. Time is set aside for individuals so 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 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, 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone, 916-319-0827; fax, 916-319-0175.
CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session

July 18, 2012
Wednesday, July 18, 2012 – 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
Closed Session
Communications
Announcements
SPECIAL PRESENTATIONS
Public notice is hereby given that special presentations for informational purposes may take place during this session.

AGENDA ITEMS

Item 1 (DOC)
Subject: Update on the Activities of the California Department of Education and State Board of Education Regarding Implementation of Common Core State Standards Systems.
Type of Action: Action, Information
Item 2 (DOC)
Subject: Mathematics Framework for California Public Schools, Kindergarten Through Grade Twelve, 2013 Revision: Approval of Curriculum Framework and Evaluation Criteria Committee Guidelines and Appointment of Members of the Curriculum Framework and Evaluation Criteria Committee. The Mathematics Focus Group Report will also be discussed.
Type of Action: Action, Information
Item 3 (DOC)
Subject: Update on the Activities of the California Department of Education Regarding the Development of the English Language Development Standards for California Public Schools, Kindergarten through Grade Twelve.
Type of Action: Action, Information
Item 4 (DOC)
Subject: Update on the Activities of the California Department of Education Regarding the Development of the Superintendent’s Recommendations on the Future Assessment System in California, Including, but Not Limited to, the Specific Categories of Measurement and Content and Design.
Type of Action: Action, Information
Item 5 (DOC)
Subject: A Conversation about the Future of Accountability in California: The School Accountability Report Card, Including Approval of the 2011–12 Template.
Type of Action: Action, Information
*** PUBLIC HEARING ***
A Public Hearing on the following agenda item will commence no earlier than 10:00 a.m. on Wednesday, July 18, 2012. The Public Hearing will be held as close to 10:00 a.m. as the business of the State Board permits.
Item 6 (DOC)
Subject: Standardized Testing and Reporting Program: Adoption of Standards-based Tests in Spanish Performance Levels for Reading Language Arts in Grades Eight, Nine, Ten, Eleven, and for Algebra I and Geometry.
Type of Action: Action, Information, Hearing
*** END OF PUBLIC HEARING ***
Item 7 (DOC)
Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs.
Type of Action: Action, Information
Item 8 (DOC; 2MB)
Subject: Elementary and Secondary Education Act: School Improvement Grant: Approval of Renewal of Funding for Year 3 of Cohort 1 Local Educational Agencies and Schools for the Sub-Grants Under Section 1003(g); Request a Waiver Under Title I, Part A Section 9401 to Carry Over 100 Percent of the Fiscal Year 2011 School Improvement Grant Allocation.
Type of Action: Action, Information
Item 9 (DOC)
Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional Providers to the 2012–14 State Board of Education-Approved Supplemental Educational Services Provider List Based on Appeal; and the Conditional Approval of Local Educational Agencies Identified for Improvement Based on a Waiver Request Under Title I, Part A Section 9401 of the Elementary and Secondary Education Act.
Type of Action: Action, Information
Item 10 (DOC)
Subject: Elementary and Secondary Education Act: Approve Proposed Changes to the Governing Policy of the Title I Committee of Practitioners and Appoint Members to the Title I Committee of Practitioners.
Type of Action: Action, Information
Item 11 (DOC; 1MB)
Subject: Administration of Epilepsy Medication—Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to the California Code of Regulations, Title 5, Sections 620–627.
Type of Action: Action, Information
*** PUBLIC HEARING ***
A Public Hearing on the following agenda item will commence no earlier than 2:00 p.m. on Wednesday, July 18, 2012. The Public Hearing will be held as close to 2:00 p.m. as the business of the State Board permits.
Item 12
Subject: Doris Topsy-Elvord Academy: Consider Issuing a Notice of Intent to Revoke Pursuant to California Education CodeSection 47607(e).
Type of Action: Action, Information, Hearing
*** END OF PUBLIC HEARING ***

*** WAIVERS ***

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.
CHARTER SCHOOL PROGRAM (Attendance Accounting for Multi-Track)
Item W-1 (DOC)
Subject: Request by two school districts to waive portions of California Code of Regulations, Title 5, Section 11960(a), to allow the charter school attendance to be calculated as if it were a regular multi-track school.
Waiver Numbers:
  • Moorpark Unified School District 46-3-2012
  • San Bernardino City Unified School District 138-2-2012
(Recommended for APPROVAL WITH CONDITIONS)
INDEPENDENT STUDY PROGRAM (Pupil Teacher Ratio)
Item W-2 (DOC)
Subject: Request by two local educational agencies to waive portions of California Education Code Section 51745.6 andCalifornia Code of Regulations, Title 5 Section 11704, and portions of Section 11963.4(a)(3), related to charter school independent study pupil-to-teacher ratios.
Waiver Numbers:
  • Kingsburg Elementary Charter School District 140-2-2012
  • Ripon Unified School District 22-4-2012
(Recommended for APPROVAL WITH CONDITIONS)
OPEN ENROLLMENT (Removal From the List of LEAs)
Item W-3 (DOC)
Subject: Request by one local educational agency to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove their schools from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.
Waiver Numbers:
  • Upland Unified School District 11-5-2012
  • Upland Unified School District 23-4-2012
(Recommended for APPROVAL WITH CONDITIONS)
OPEN ENROLLMENT (Removal From the List of LEAs)
Item W-4 (DOC)
Subject: Request by Covina-Valley Unified School District local educational agency to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove their school from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.
Waiver Number: 49-3-2012
(Recommended for APPROVAL WITH CONDITIONS)
OPEN ENROLLMENT (Removal From the List of LEAs)
Item W-5 (DOC)
Subject: Request by Linden Unified School District to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Glenwood Elementary School from the Open Enrollment List of “low-achieving schools” for the 2012–13 school year.
Waiver Number: 22-1-2012
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Algebra I Requirement for Graduation)
Item W-6 (DOC)
Subject: Request by San Lorenzo Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2011−12 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for one special education student based on Education Code Section 56101, the special education waiver authority.
Waiver Number: 4-5-2012
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Item W-7 (DOC)
Subject: Request by three local educational agencies 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 four educational interpreters to continue to provide services to students until June 30, 2012, under a remediation plan to complete those minimum qualifications.
Waiver Numbers:
  • Hemet Unified School District 15-4-2012
  • Imperial County Office of Education 39-4-2012
  • Imperial County Office of Education 40-4-2012
  • Shasta County Office of Education 52-4-2012
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Extended School Year [Summer School])
Item W-8 (DOC)
Subject: Request by three local educational agencies to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.
Waiver Numbers:
  • Mariposa County Office of Education 47-3-2012
  • Shasta Union High School District 43-3-2012
  • Upland Unified School District 39-3-2012
(Recommended for APPROVAL WITH CONDITIONS)
STATE TESTING APPORTIONMENT REPORT (CELDT)
Item W-9 (DOC)
Subject: Request by eight local educational agencies to waive the State Testing Apportionment Information Report deadline of December 31 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 1225(b)(2)(A) regarding the California High School Exit Examination; or Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program.
Waiver Numbers:
  • Chaffey Joint Union High School District 19-4-2012
  • Etiwanda Elementary School District 2-4-2012
  • Hope Elementary School District 50-3-2012
  • Jefferson Union High School District 38-3-2012
  • Live Oak Elementary School District 35-3-2012
  • Oakland Unified School District 48-3-2012
  • Terra Bella Union Elementary School District 21-3-2012
  • Washington Colony Elementary School District 26-4-2012
(Recommended for APPROVAL)
COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)
Item W-10 (DOC)
Subject: Request by three districts, under the authority of California Education Code Section 33050, to waive portions ofEducation Code Sections 48660 and 48916.1(d) relating to the allowable grade spans for community day schools and/orEducation Code Section 48661 relating to the colocation of a community day school with other types of schools.
Waiver Numbers:
  • Calaveras Unified School District 25-4-2012
  • Firebaugh-Las Deltas Unified School District 20-3-2012
  • Hacienda La Puente Unified School District 45-3-2012
(Recommended for APPROVAL/APPROVAL WITH CONDITIONS)
INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Below 1982-83 Base Minimum Minutes)
Item W-11 (DOC)
Subject: Request by Klamath-Trinity Joint Unified School District under the authority of California Education Code Section 46206 to waive Education Code Section 46201(d) the audit penalty for offering less instructional time in the 2010–11 fiscal year for students in K–3 (shortfall of 135 minutes per grade).
Waiver Number: 32-3-2012
(Recommended for APPROVAL WITH CONDITIONS)
OUT-OF-STATE USE OF FUNDS AND TRANSPORTATION ALLOWANCES
Item W-12 (DOC)
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 to Oregon to attend curricular and extracurricular trips/events.
Waiver Numbers:
  • Mt. Shasta Union Elementary School District 18-3-2012
  • Weed Union Elementary School District 10-3-2012
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply
SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)
Item W-13 (DOC)
Subject: Request by Coachella Valley Unified School District to waive portions of California Education Code Sections 17455, 17466, 17468, 17469, 17470, 17472, 17475, and all of Sections 17473 and 17474, specific statutory provision for the sale of surplus property. Approval of the waiver would allow the district to sell a piece of property using a “request for proposal” process, thereby maximizing the proceeds from the sale of the Oasis School Site.
Waiver Number: 184-2-2012
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness)
Item W-14 (DOC)
Subject: Request by two districts to waive one or more of the following California Education Code sections related to bonded indebtedness limits: Sections 15102, 15106, 15268, and 15270(a). Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for high school and elementary school districts or 2.5 percent for unified school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for high school and elementary school districts or $60 per $100,000 for unified districts, may also apply.
Waiver Numbers:
  • Pittsburg Unified School District 168-2-2012
  • Savanna Elementary School District 132-2-2012
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Citizens Oversight Committee - Term Limits)
Item W-15 (DOC)
Subject: Request by Saddleback Valley Unified School District, to waive portions of California Education Code Section 15282, relating to term limits for members of a Citizens’ Oversight Committee for all construction bonds in the district.
Waiver Numbers:
  • Saddleback Valley Unified School District, 11-4-2012 (Renewal)
  • Saddleback Valley Unified School District, 12-4-2012
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (Election of Governing Board)
Item W-16 (DOC)
Subject: Request by Bonsall Union Elementary School District to waive portions of California Education Code Section 35100 and all of 35101, to allow for the appointment of an interim board to serve the newly unified district prior to election of a new governing board.
Waiver Number: 8-5-2012
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)
Item W-17 (DOC)
Subject: Request by four districts to waive California Education Code Section 5020, and portions of Sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas.
Waiver Numbers:
  • Exeter Union School District 13-5-2012
  • Exeter Union High School District 12-5-2012
  • Sunnyside Union Elementary 4-4-2012
  • Washington Colony Elementary 7-3-2012
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)
Item W-18 (DOC)
Subject: Request by Blake Elementary School District to waive California Education Code Section 35780(a), which requires lapsation of a district with an average daily attendance of less than six.
Waiver Number: 23-3-2012
(Recommended for APPROVAL)
SCHOOL SAFETY AND VIOLENCE PREVENTION (School Safety and Violence Prevention)
Item W-19 (DOC)
Subject: Request by Stockton Unified School District to waive portions of California Education Code Sections 45127, 45128, and 45132 to allow the school police officer dispatchers to work 12-hour per day shifts, three days per week, and work an 8-hour day every other week, to constitute eighty hours in a two-week period, without requiring overtime pay.
Waiver Number: 19-5-2012
(Recommended for APPROVAL)
SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)
Item W-20 (DOC)
Subject: Request by thirteen 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:
  • Dunsmuir Joint Union High 19-3-2012
  • Eureka City Schools 52-3-2012
  • Garfield Elementary 62-1-2012
  • Lagunitas Elementary 36-4-2012
  • Mendocino County Office of Education 42-3-2012
  • Mountain Empire Unified 29-3-2012
  • Orick Elementary 31-3-2012
  • Placer Union High 17-3-2012
  • Salinas Union High 51-3-2012
  • Santa Barbara County Office of Education 7-4-2012
  • Southern Trinity Joint Unified 24-4-2012
  • Temple City Unified 18-1-2012
(Recommended for APPROVAL WITH CONDITIONS)
KINDERGARTEN (Transitional Kindergarten program)
Item W-21 (DOC)
Subject: Request by San Jacinto Unified School District on behalf of San Jacinto Valley Academy Charter School for a waiver of California Education Code Section 48000(c) and (d) relating to the requirement to offer transitional kindergarten for the 2012–13 school year. State law requires each elementary or unified school district to offer transitional kindergarten to all eligible students.
Waiver Number: 44-3-2012
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Item W-22 (DOC)
Subject: Request by San Bernardino 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 Maria Hernandez-Alexander to continue to provide services to students until December 30, 2012, under a remediation plan to complete those minimum qualifications.
Waiver Number: 22-3-2012
(Recommended for DENIAL)
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Item W-23 (DOC)
Subject: Request by the Shasta 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 Diana Davis to continue to provide services to students until June 30, 2013, under a remediation plan to complete those minimum qualifications.
Waiver Number: 49-4-2012
(Recommended for DENIAL)
KINDERGARTEN (Transitional Kindergarten program)
Item W-24 (DOC)
Subject: Request by nine districts to waive portions of California Education Code Sections 46300(g) and 48000(c) and (d) relating to transitional kindergarten for the 2012–13 school year. State law requires each elementary or unified school district to offer transitional kindergarten to all eligible students.
Waiver Numbers:
  • Beaumont Unified School District 3-3-2012
  • Hemet Unified School District 64-1-2012
  • Lake Elsinore Unified School District 82-1-2012
  • Menifee Union Elementary School District 88-1-2012
  • Moreno Valley Unified School District 43-4-2012
  • Perris Elementary School District 10-4-2012
  • San Jacinto Unified School District 6-3-2012
  • Temecula Valley Unified School District 153-2-2012
  • Val Verde Unified School District 8-4-2012
(Recommended for DENIAL)
OTHER WAIVERS (Other Waivers)
Item W-25 (DOC)
Subject: Request by Mt. Diablo Unified School District to waive California Education Code Section 47660 regarding the impact of Clayton Valley Charter High School Funding.
Waiver Number: 136-2-2012
(Recommended for DENIAL)
CLASS SIZE PENALTIES (Over Limit on Grades 1-3)
Item W-26 (DOC)
Subject: Request by three districts, under the authority of California Education Code Section 41382, to waive portions ofEducation Code Sections 41376 (a), (c), and (d) and/or 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, the overall class size average is 31 to one with no class larger than 33. For grades one through three, the overall class size average is 30 to one with no class larger than 32.
Waiver Numbers:
  • Helendale Elementary School District 27-3-2012
  • Little Lake City Elementary School District 41-4-2012
  • Tustin Unified School District 3-5-2012
(Recommended for APPROVAL WITH CONDITIONS)
CLASS SIZE PENALTIES (Over Limit on Grades 1-3)
Item W-27 (DOC)
Subject: Request by ten districts, under the authority of California Education Code Section 41382, to waive portions ofEducation Code Sections 41376 (a), (c), and (d) and/or 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, the overall class size average is 31 to one with no class larger than 33. For grades one through three, the overall class size average is 30 to one with no class larger than 32.
Waiver Numbers:
  • Bear Valley Unified School District 30-4-2012
  • Capistrano Unified School District 15-3-2012
  • Cloverdale Unified School District 37-4-2012
  • Hollister School District 5-3-2012
  • Jamul Dulzura Union Elementary School District 33-3-2012
  • Lowell Joint School District 5-4-2012
  • Murrieta Valley Unified School District 44-4-2012
  • Oceanside Unified School District 55-3-2012
  • Paso Robles Joint Unified Elementary School District 53-3-2012
  • Santa Rita Union Elementary School District 35-4-2012
(Recommended for APPROVAL WITH CONDITIONS)
CLASS SIZE PENALTIES (Over Limit on Grades 4-8)
Item W-28 (DOC)
Subject: Request by four districts to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. A district’s current class size maximum is the greater of the 1964 statewide average of 29.9 to one or the district’s 1964 average.
Waiver Numbers:
  • Brea-Olinda Unified School District; 21-4-2012
  • Helendale Elementary School District; 28-3-2012
  • Little Lake City Elementary School District; 42-4-2012
  • Tustin Unified School District; 2-5-2012
(Recommended for APPROVAL WITH CONDITIONS)
CLASS SIZE PENALTIES (Over Limit on Grades 4-8)
Item W-29 (DOC)
Subject: Request by 12 districts to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. A district’s current class size maximum is the greater of the 1964 statewide average of 29.9 to one or the district’s 1964 average.
Waiver Numbers:
  • Bear Valley Unified School District 31-4-2012
  • El Segundo Unified School District 6-5-2012
  • Hollister School District 4-3-2012
  • Huntington Beach City Elementary School District 17-4-2012
  • Jamul Dulzura Union Elementary School District 34-3-2012
  • Manteca Unified School District 9-4-2012
  • Murrieta Valley Unified School District 46-4-2012
  • Oceanside Unified School District 56-3-2012
  • Paso Robles Joint Unified School District 54-3-2012
  • Saddleback Valley Unified School District 3-4-2012
  • Salinas City Elementary School District 25-3-2012
  • Santa Rita Union Elementary School District 34-4-2012
(Recommended for APPROVAL WITH CONDITIONS)
QUALITY EDUCATION INVESTMENT ACT (Class Size Reduction Requirements)
Item W-30 (DOC)
Subject: Request by ten local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act.
Waiver Numbers:
  • Alum Rock Union Elementary School District 13-4-2012
  • Alum Rock Union Elementary School District 14-4-2012
  • Lake Tahoe Unified School District 41-3-2012
  • Oakland Unified School District 20-4-2012
  • Pasadena Unified School District 47-4-2012
  • Pasadena Unified School District 48-4-2012
  • Pierce Joint Unified School District 1-3-2012
  • Redding Elementary School District 18-4-2012
  • Yuba City Unified School District 28-4-2012
  • Yuba City Unified School District 29-4-2012
(Recommended for APPROVAL WITH CONDITIONS)
QUALITY EDUCATION INVESTMENT ACT (Highly Qualified Teachers)
Item W-31 (DOC)
Subject: Request by Madera Unified School District to waive portions of California Education Code Section 52055.740(a), regarding Highly Qualified Teachers and/or the Williams case settlement requirements under the Quality Education Investment Act.
Waiver Number: 51-4-2012
(Recommended for APPROVAL WITH CONDITIONS)
QUALITY EDUCATION INVESTMENT ACT (Money to Follow Identified Students)
Item W-32 (DOC)
Subject: Request by Farmersville Unified School District to waive California Education Code Section 52055.750(a)(9) regarding funds expenditure requirements under the Quality Education Investment Act in order to allow funds from Farmersville Junior High School to follow its grade six class that will be transferring to Freedom Elementary School.
Waiver Number: 149-2-2012
(Recommended for DENIAL)
QUALITY EDUCATION INVESTMENT ACT
Item W-33 (DOC)
Subject: Request by Santa Rita Union Elementary School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act.
Waiver Number: 33-4-2012
(Recommended for DENIAL)
QUALITY EDUCATION INVESTMENT ACT (Class Size Reduction Requirements)
Item W-34 (DOC)
Subject: Request by two local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act.
Waiver Numbers:
  • Pasadena Unified School District 47-4-2012
  • Pasadena Unified School District 48-4-2012
  • Yuba City Unified School District 28-4-2012
(Recommended for APPROVAL WITH CONDITIONS)
*** END OF WAIVERS ***
*** ADJOURNMENT OF DAY’S SESSION ***

Public Session

July 19, 2012
Thursday, July 19, 2012 – 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
Closed Session
Communications
Announcements
REPORT OF THE STATE SUPERINTENDENT
SPECIAL PRESENTATIONS
Public notice is hereby given that special presentations for informational purposes may take place during this session.
The Closed Session (1) may commence earlier than 8:30 a.m.; (2) may begin at or before 8:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30 a.m.

AGENDA ITEMS

Item 13 (DOC)
Subject: STATE BOARD PROJECTS AND PRIORITIES.
Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board office budget, staffing, 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 14 (DOC)
Subject: Public Charter Schools Grant Program: Update, Regarding Assurances 3A and 3B.
Type of Action: Action, Information
*** PUBLIC HEARINGS ***
Public Hearings on the following agenda items will commence no earlier than 10:00 a.m. on Thursday, July 19, 2012. The Public Hearings will be held as close to 10:00 a.m. as the business of the State Board permits.
Item 15 (DOC)
Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Hold a Public Hearing to Consider Portola Academy, which was denied by the Livermore Valley Joint Unified School District Board of Education and the Alameda County Board of Education.
Type of Action: Action, Information, Hearing
Item 16 (DOC)
Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Hold a Public Hearing to Consider the Schools and Communities for Advanced Learning Experience Charter Petition, which was denied by the Rialto Unified School District Board of Education and the San Bernardino County Board of Education.
Type of Action: Action, Information, Hearing
Item 17
Subject: Long Valley Charter School: Hold a Public Hearing to Consider a Material Revision of the Charter.
Type of Action: Action, Information, Hearing
Item 18
Subject: Long Valley Charter School: Consider Issuing a Notice of Violation Pursuant to California Education Code Section 47607(d).
Type of Action: Action, Information, Hearing
Item 19
Subject: Doris Topsy-Elvord Academy: Hold a Public Hearing and Consider Revocation Pursuant to California Education Code Section 47607(e).
Type of Action: Action, Information, Hearing
Item 20
Subject: Environmental Effect of the proposed Formation of the Bonsall Unified School District from the Bonsall Unified School District and that portion of the Fallbrook Union High School District in San Diego County.
Type of Action: Action, Information, Hearing
Item 21 (DOC; 10MB)
Subject: Proposed Formation of the Bonsall Unified School District from the Bonsall Union School District and that Portion of the Fallbrook Union High School District in San Diego County.
Type of Action: Action, Information, Hearing
Item 22 (DOC; 2MB)
Subject: Appeal of a decision by the Santa Clara County Committee on School District Organization to Approve a Petition to Transfer Territory from the Lakeside Joint Elementary School District to the Loma Prieta Joint Union Elementary School District in Santa Clara County.
Type of Action: Action, Information, Hearing
*** END OF PUBLIC HEARINGS ***
Item 23 (DOC)
Subject: 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
Item 24 (DOC)
Subject: Elementary and Secondary Education Act: Approval of Local Educational Agency Plans, Title I, Section 1112.
Type of Action: Action, Information
Item 25 (DOC)
Subject: Approval of 2011-12 Consolidated Applications.
Type of Action: Action, Information
Item 26 (DOC)
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.
Type of Action: Action, Information
Item 27 (DOC)
Subject: Consideration of Requests for Determination of Funding for Prior Years as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2, and California Code of Regulations, Title 5, Section 11963.4(c).
Type of Action: Action, Information
Item 28 (DOC)
Subject: Assignment of Numbers for Charter School Petitions.
Type of Action: Action, Information
Item 29 (DOC)
Subject: California High School Exit Examination Alternative Means: Adopt Amendments to the California Code of Regulations, Title 5, Section 1216.1.
Type of Action: Action, Information
*** ADJOURNMENT OF MEETING ***
This agenda is posted on the State Board of Education’s Web site. 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; 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, materials must be received by 12:00 p.m. on the Monday before the meeting.
Questions: State Board of Education | 916-319-0827 
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