Friday, August 23, 2013

SBE Agenda for September 2013 - State Board of Education (CA Dept of Education)

SBE Agenda for September 2013 - State Board of Education (CA Dept of Education):

SBE Agenda for September 2013

Agenda for the California State Board of Education (SBE) meeting on September 4, 2013.




State Board Members
  • Michael W. Kirst, President
  • Ilene W. Straus, Vice President
  • Sue Burr
  • Carl Cohn
  • Bruce Holaday
  • Aida Molina
  • Patricia A. Rucker
  • Niki Sandoval
  • Trish Williams
  • Jesse Zhang, Student Member
  • Vacancy
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters
Schedule of Meeting
Location
Wednesday, September 4, 2013 8:00 a.m. Pacific Time ±
STATE BOARD OF EDUCATION
Public Session, adjourn to Closed Session. The Closed Session will take place at approximately 11:30 a.m.  (The public may not attend.)
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
916-319-0827
The Closed Session (1) may commence earlier than 11:30 a.m.; (2) may begin at or before 11:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 11:30 a.m.
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 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, 1st 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
  • 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.  
  • 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, 2nd Dist., Case No. B245288
  • K.C. et al. v. Jack O’Connell, et al., U.S. District Court, Northern District of California, Case No. C054077 MMC
  • Opportunity for Learning – PB, LLC; Opportunities Learning – C, LLC, and Opportunities for Learning WSH, LLC, Notice of Appeal Before the Audit Appeals Panel
  • 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
  • Options for Youth-Victor Valley, et al. v. California Department of Education, et al., Los Angeles County Superior Court, Case No. BC347454
  • Perris Union High School District v. California State Board of Education, California Department of Education, et al., Riverside County Superior Court, Case No. RIC520862, CA Ct. of Appeal, 4th District, Case No. E055856
  • Porter, et al., v. Manhattan Beach Unified School District, et al., United States District Court, Central District, Case No. CV-00-08402
  • 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
  • Shabazz, et al. v. Governor Edmund G. Brown Jr., California Attorney General Kamala Harris, Superintendent of Public Instruction Tom Torlakson, President California State Board of Education Dr. Michael Kirst, Does 1-50, Alameda County Superior Court, Case No. RG12636192
  • Stoner Park Community Advocates v. City of Los Angeles, Department of Planning of the City of Los Angeles, Department of Transportation City of Los Angeles, New West Charter Middle School, and State Board of Education, Los Angeles County Superior Court, Case No. BS138051
  • 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 and B214470
  • 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), 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.  UnderGovernment Code sections 11126(e)(1) and (e)(2), 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.
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
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 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; facsimile, 916‑319-0175.
CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session

September 4, 2013
Wednesday, September 4, 2013 – 8:00 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

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: Information
Item 2 (DOC)
Subject:  Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve, 2013 Revision: Update on the revision of the framework.
Type of Action:  Information
Item 3 (DOC)
Subject: Update on Statewide Assessment Transition and Smarter Balanced Assessment Development Activities.
Type of Action: Information
Item 4 (DOC)
Subject:  Federal Waiver Request Submittal for Title I, Part A of the Elementary and Secondary Education Act, to Eliminate "Double-testing" During the Transition to New Assessments Aligned with College- and Career-ready Standards for the 2013–14 School Year Only.
Type of Action:  Action, Information 
Item 5 (DOC)
Subject:  Assessment, Development and Administration Update, Including, but not Limited to, the 2012–13 Standardized Testing and Reporting Results, California High School Exit Examination Results, and the Accountability Progress Reporting System Release.
Type of Action:  Information
Item 6 (DOC)
Subject:  Local Control Funding Formula: Discussion of Proposed Changes to California’s Local Educational Agency and School Planning and Accountability System.
Type of Action: Action, Information
Item 7 (DOC)
Subject: Recommendation of a Method to Emphasize Student Mastery of Standards in Science and Social Science Through the Public School Accountability System or by Other Means as Required by Education Code Section 52052.9.
Type of Action: Action, Information
Item 8 (DOC)
Subject:  Proposals for Alternative Methods to the Decile Ranks as Required by Education Code Section 52052.9.
Type of Action: Action, Information
Item 9 (DOC)
Subject:  Update on the English Language Development Standards Implementation Plan.
Type of Action:  Action, Information
Item 10 (DOC)
Subject:  Adoption of Next Generation Science Standards for California Public Schools, Kindergarten through Grade Twelve as the new Science Content Standards based upon the nationally developed Next Generation Science Standards (NGSS) as required by Education Code 60605.85. Included in the recommendation for adoption are the NGSS Appendices A through M.
Type of Action:  Action, Information

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.
Federal Program Waiver (Carl D. Perkins Career and Technical Education Improvement Act)
Item W-01 (DOC)
Subject: Request by four 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:
  • Bret Harte Union High School District Fed-03-2013
  • Escalon Unified School District Fed-01-2013
  • Muroc Joint Unified School District Fed-04-2013
  • Pierce Joint Unified School District Fed-02-2013
(Recommended for APPROVAL)
Schoolsite Council Statute (Number and Composition of Members)
Item W-02 (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:
  • Big Pine Unified School District 8-5-2013
  • Charter Oak Unified School District 12-5-2013
  • Cotati-Rohnert Park Unified School District 7-5-2013
  • Glenn County Office of Education 11-5-2013
  • Gold Oak Union Elementary School District 29-6-2013
  • Golden Valley Unified School District 8-6-2013
  • Kernville Union Elementary School District 26-6-2013
  • Madera County Office of Education 17-5-2013
  • Marin County Office of Education 24-5-2013
  • Placer Union High School District 12-6-2013
  • Plumas County Office of Education 10-6-2013
  • Rio Elementary School District 16-6-2013
  • Woodland Joint Unified School District 26-5-2013
  • Woodland Joint Unified School District 27-5-2013
(Recommended for APPROVAL WITH CONDITIONS)
Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)
Item W-03 (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 three educational interpreters to continue to provide services to students until June 30, 2014, under a remediation plan to complete those minimum qualifications.
Waiver Numbers:
  • Clovis Unified School District 4-5-2013
  • Hemet Unified School District 2-5-2013
  • Shasta County Office of Education 13-5-2013
(Recommended for APPROVAL WITH CONDITIONS)
Special Education Program (Resource Teacher Caseload)
Item W-04 (DOC)
Subject: Request by two local educational agencies, under the authority of California Education Code Section 56101 andCalifornia Code of Regulations, Title 5, Section 3100, to waive Education Code Section 56362(c). Approval of this waiver will allow the resource specialists at both agencies to exceed the maximum caseload of 28 students by no more than four students (32 maximum).
Waiver Numbers:
  • Pioneer Union Elementary School District 3-6-2013
  • Placer Union High School District 38-4-2013
(Recommended for APPROVAL WITH CONDITIONS)
State Testing Apportionment Report (STAR)
Item W-05 (DOC)
Subject: Request by two 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 Title5, 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:
  • Anderson Valley Unified School District 18-5-2013 
  • Orange Unified School District 9-5-2013
(Recommended for APPROVAL)
Community Day Schools (CDS) (Colocate Facilities)
Item W-06 (DOC)
Subject: Request by two local educational agencies under the authority of California Education Code Section 33050, to waive portions of California Education Code Section 48661(a), relating to the colocation of a community day school with other types of schools and/or portions of California Education Code sections 48660 and 48916.1(d), relating to the allowable grade spans for community day schools.
Waiver Numbers:
  • Chaffey Joint Union High School District 4-6-2013
  • Sierra Unified School District 10-5-2013
(Recommended for APPROVAL WITH CONDITIONS)
Equity Length of Time (Equity Length of Time)
Item W-07 (DOC)
Subject: Request by Forestville Union Elementary School District to waive California Education Code Section 37202, the equity length of time requirement for transitional kindergartern and kindergarten programs at Forestville Union Elementary School.
Waiver Number: 28-5-2013
(Recommended for APPROVAL WITH CONDITIONS)
Out-of-State Use of Funds and Transportation Allowances
Item W-08 (DOC)
Subject: Request by Dunsmuir Joint Union High School District to waive a portion of California Education Code Section 35330(b)(3) to authorize expenditure of school district funds for students to travel to Oregon and Nevada to attend economically prudent curricular and extracurricular trips/events and competitions.
Waiver Number: 6-6-2013
(Recommended for APPROVAL)
School Construction Bonds (Bond Indebtedness Limit - Non-Unified after 2000)
Item W-09 (DOC)
Subject: Request by Weaver Union School District to waive California Education Code sections 15102 and portions of 15268 related to bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for elementary school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for elementary school districts may also apply.
Waiver Number: 23-5-2013
(Recommended for APPROVAL WITH CONDITIONS)
School District Reorganization (Elimination of Election Requirement)
Item W-10 (DOC)
Subject: Request by Bonsall Union Elementary School District to waive California Education Code Section 35103, that requires the election for the initial governing board of a newly formed school district to be held in March.
Waiver Number: 15-5-2013
(Recommended for APPROVAL)
School District Reorganization (Elimination of Election Requirement)
Item W-11 (DOC)
Subject: Request by Lodi Unified School District 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 Number: 21-6-2013
(Recommended for APPROVAL)
Special Education Program (Algebra I Requirement for Graduation)
Item W-12 (DOC)
Subject: Request by Natomas Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2012–13 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for five special education students based on Education Code Section 56101, the special education waiver authority.
Waiver Number: 20-6-2013
(Recommended for APPROVAL)
Class Size Penalties (Over Limit on Grades 1-3)
Item W-13 (DOC)
Subject: Request by 12 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:
  • Adelanto Elementary School District 108-12-2012
  • Atascadero Unified School District 5-5-2013
  • Cottonwood Union Elementary School District 19-5-2013
  • Cottonwood Union Elementary School District 21-5-2013
  • El Monte City Elementary School District 18-6-2013
  • Fruitvale Elementary School District 14-5-2013
  • Gold Oak Union Elementary School District 16-5-2013
  • Greenfield Union Elementary School District 27-6-2013
  • Jamul-Dulzura Union Elementary School District 15-6-2013
  • New Haven Unified School District 5-6-2013
  • Sacramento City Unified School District 7-6-2013
  • Stanislaus Union Elementary School District 19-6-2013
  • Vacaville Unified School District 17-6-2013
(Recommended for APPROVAL WITH CONDITIONS)
Class Size Penalties (Over Limit on Grades 4-8)
Item W-14 (DOC)
Subject: Request by two 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:
  • Dos Palos Oro Loma Joint Unified School District 29-5-2013
  • Jamul-Dulzura Union Elementary School District 14-6-2013
(Recommended for APPROVAL WITH CONDITIONS)
Quality Education Investment Act (Class Size Reduction Requirements)
Item W-15 (DOC)
Subject: Request by three 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:
  • Baldwin Park Unified School District 22-6-2013
  • Paramount Unified School District 13-6-2013
  • Pond Union Elementary School District 2-6-2013
(Recommended for APPROVAL WITH CONDITIONS)
END OF WAIVERS
Item 11 (DOC)
Subject: 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 12 (DOC)
Subject: 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 13 (DOC)
Subject:  Approval of the Charter School Number Assigned to Newly Established Charter Schools.
Type of Action:  Action, Information
Item 14 (DOC)
Subject: Elementary and Secondary Education Act: Approval of Local Educational Agency Plans, Title I, Section 1112.
Type of Action:  Action, Information
Item 15 (DOC)
Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional Providers to the 2013–15 State Board of Education-Approved Supplemental Educational Services Provider List and Denial of an Applicant Based on Appeal.
Type of Action:  Action, Information
Item 16 (DOC)
Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs: Fiscal Year 2012 School Improvement Grant Cohort 2 Fiscal Year 2012 Grant Award Notification; Title III Response to the Final Report Issued by the Student Achievement and School Accountability Programs Office.
Type of Action:  Action, Information
Item 17 (DOC)
Subject: Approve Changes to the State of California Consolidated State Application Workbook related to the Title III Accountability System in order to Comply with the Federal Title III Accountability Requirements.
Type of Action:  Action, Information
Item 18 (DOC; 1MB)
Subject:  Civic Center Act: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, sections 14037-14042.
Type of Action:  Action, Information
Item 19 (DOC)
Subject:  Pupil Fees and Discrimination Complaints: Adopt Proposed California Code of Regulations, Title 5, sections 4600-4650.
Type of Action: Action, Information
Item 20 (DOC; 2MB)
Subject: Approval of 2013–14 Consolidated Applications.
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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