Saturday, October 26, 2013

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

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

SBE Agenda for November 2013

Agenda for the California State Board of Education (SBE) meeting on November 6-7, 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 Y. Zhang, Student Member
  • Vacancy
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters
Schedule of Meeting
Location
Wednesday, November 6, 2013
8:00 a.m. Pacific Time ±
STATE BOARD OF EDUCATION
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
Thursday, November 7, 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.

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

November 6, 2013
Wednesday, November 6, 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: 2014-2015 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor.
Type of Action: Action, Information
Item 2 (DOC)
Subject: Reports from the 2013 Student Advisory Board on Education.
Type of Action: Information
Item 3 (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 4 (DOC)
Subject: Presentation by Sue Stickel, Deputy Superintendent, Sacramento County Office of Education, and Judy Flores, Assistant Superintendent, Shasta County Office of Education, representing the California County Superintendents Educational Services Association on Common Core Implementation Survey Results and Development of the Leadership Planning Guide.
Type of Action: Information
  • Presentation slides by Sue Stickel and Judy Flores regarding Common Core State Standards (Coming Soon)
PUBLIC HEARING
A Public Hearing on the following agenda item will commence no earlier than 9:30 a.m. on November 6, 2013. The Public Hearing will be held as close to 9:30 a.m. as the business of the State Board permits.
Item 5 (DOC)
Subject: Mathematics Framework for California Public Schools, Kindergarten Through Grade Twelve, 2013 Revision: Public Hearing and Adoption.
Type of Action: Action, Information, Public Hearing
END OF PUBLIC HEARING
Item 6 (DOC)
Subject: Adoption of recommended Next Generation Science Standards for California Public Schools, Kindergarten through Grade Twelve learning progressions for middle grades 6–8 as required by Education Code 60605.85.
Type of Action: Action, Information
Item 7 (DOC)
Subject: California English Language Development Test: Update on Transitioning to the English Language Proficiency Assessments for California.
Type of Action: Information
Item 8 (DOC)
Subject: Update on Statewide Assessment Transition to the Measurement of Academic Performance and Progress including, but not limited to, Smarter Balanced Assessment Resources and Development Activities, Accountability, and Technology.
Type of Action: Information
Item 9 (DOC)
Subject: Amendment to the Educational Testing Service contract to implement the California Measurement of Academic Performance and Progress.
Type of Action: Action, Information
Item 10 (DOC)
Subject: Approval of the Incorporation of Graduation Data in the Academic Performance Index and an Update on the California Department of Education’s Work Plan and Process for Revising the Academic Performance Index Consistent with Education Code Sections 52052 through 52052.9.
Type of Action: Action, Information
Item 11 (DOC)
Subject: Elementary and Secondary Education Act: Establish the Appropriate Sanction to Assign to Each of the Local Educational Agencies in Cohort 7 of Program Improvement Year 3.
Type of Action: Action, Information
Item 12 (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
ADJOURNMENT OF DAY’S SESSION

FULL BOARD AGENDA
Public Session

November 7, 2013
Thursday, November 7, 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 13 will be the first item heard on the SBE’s agenda Thursday, November 7, 2013.
The meeting will commence at 8:00 a.m.
Item 13 (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 14 (DOC)
Subject: Revisions to the Criteria and Standards for Fiscal Stability to Conform to Requirements of the Local Control Funding Formula.
Type of Action: Action, Information
Item 15 (DOC; 1MB)
Subject: State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 Covering Program Year 2012−13.
Type of Action: Action, Information
Item 16 (DOC; 2MB)
Subject: Update of Special Education Regulations—Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 3001-3088.
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 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 five 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:
  • Biggs Unified School District Fed-09-2013
  • Cloverdale Unified School District Fed-05-2013
  • Golden Valley Unified School District Fed-08-2013
  • Laton Joint Unified School District Fed-07-2013
  • Templeton Unified School District Fed-06-2013
(Recommended for APPROVAL)
Independent Study Program (Pupil Teacher Ratio)
Item W-02 (DOC)
Subject: Request by the Capistrano Unified School District to waive portions of California Education Code Section 51745.6, and California Code of Regulations, Title 5, Section 11704, and portions of Section 11963.4(a)(3), related to charter school independent study pupil-to-teacher ratio to allow an increase from 25:1 to a 27.5:1 pupil-to-teacher ratio at Oxford Preparatory Academy.
Waiver Number: 6-7-2013
(Recommended for APPROVAL WITH CONDITIONS)
Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)
Item W-03 (DOC)
Subject: Request by four 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 five educational interpreters to continue to provide services to students until June 30, 2014, under a remediation plan to complete those minimum qualifications.
Waiver Numbers:
  • Imperial County Office of Education 21-4-2013
  • Imperial County Office of Education 22-4-2013
  • Lemoore Union High School District 12-8-2013
  • Plumas Unified School District 2-7-2013
  • San Luis Obispo County Office of Education 1-8-2013
(Recommended for APPROVAL WITH CONDITIONS)
Community Day Schools (CDS) (Colocate Facilities and Commingle Grade Levels)
Item W-04 (DOC)
Subject: Request by two local educational agencies under the authority of California Education Code Section 33050. One is 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. The other is to waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.
Waiver Numbers:
  • Exeter Unified School District 12-7-2013
  • Red Bluff Joint Union High School District 15-8-2013
(Recommended for APPROVAL WITH CONDITIONS)
Equity Length of Time (Equity Length of Time)
Item W-05 (DOC)
Subject: Request by Tracy Joint Unified School District for a renewal to waive Education Code Section 37202, the equity length of time requirement for Gladys Poet-Christian Magnet School for students in grades one through three to facilitate enriched music and physical education instruction.
Waiver Number: 5-8-2013
(Recommended for APPROVAL)
Other Waivers (Employment - Retirement System)
Item W-06 (DOC)
Subject: Request by Sanger Unified School District to waive California Education Code Section 45134(c), to allow the employment of a State Teachers Retirement System retiree as a classified school bus driver.
Waiver Number: 9-8-2013
(Recommended for APPROVAL WITH CONDITONS)
Sale or Lease of Surplus Property (Sale of Surplus Property)
Item W-07 (DOC)
Subject: Request by Mendocino Unified School District to waive portions of California Education Code Section 17545(a), specific statutory provisions for the sale of personal property. Approval of the waiver would allow the district to sell a piece of personal property using a “request for proposal” process, thereby maximizing the proceeds from the sale. The personal property for which the waiver is requested is the Mendocino Community Network.
Waiver Number: 7-8-2013
(Recommended for APPROVAL WITH CONDITIONS)
School Construction Bonds (Bond Indebtedness Limit - Unified School District)
Item W-08 (DOC)
Subject: Request by Alvord Unified School District to waive California Education Code Section 15270(a), related to bonded indebtedness limits. Total bonded indebtedness may not exceed 2.5 percent of the taxable assessed valuation of property for unified school districts. Proposition 39 bonds limit the tax rate levy authorized in each election to $60 per $100,000 of assessed value for unified school districts. The district is requesting 3.67 percent bonded indebtedness limit.
Waiver Number: 2-8-2013
(Recommended for APPROVAL WITH CONDITIONS)
School District Reorganization (Election of Governing Board)
Item W-09 (DOC)
Subject: Request by three school 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:
  • Hughson Unified School District 8-8-2013
  • Lincoln Unified School District 7-7-2013
  • Pixley Union Elementary School District 10-7-2013
(Recommended for APPROVAL)
Schoolsite Council Statute (Number and Composition of Members)
Item W-10 (DOC)
Subject: Request by eight 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:
  • Caliente Union Elementary School District 13-8-2013
  • Fairfield-Suisun Unified School District 8-7-2013
  • Igo, Ono, Platina Union Elementary School District 4-7-2013
  • Kernville Union Elementary School District 14-7-2013
  • Peninsula Union School District 24-11-2012
  • Surprise Valley Joint Unified School District 1-7-2013
  • Trona Joint Unified School District 11-7-2013
  • Waugh Elementary School District 3-8-2013
(Recommended for APPROVAL WITH CONDITIONS)
Special Education Program (Non Public Agency (NPA or School (NPS)) Annual Renewal of Certification)
Item W-11 (DOC)
Subject: Request by the El Dorado County Office of Education under authority of California Education Code Section 56101 to waive Education Code Section 56366.1(h), the August through October 31 timeline for an annual certification renewal application, for Pinnacle Educational Services, a nonpublic agency.
Waiver Number: 3-7-2013
(Recommended for DENIAL)
Class Size Penalties (Over Limit on Kindergarten and Grades 1-3)
Item W-12 (DOC)
Subject: Request by six 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:
  • Fillmore Unified School District 4-8-2013
  • Fountain Valley Elementary School District 3-9-2013
  • Fountain Valley Elementary School District 1-9-2013
  • Lynwood Unified School District 13-7-2013
  • Redding Elementary School District 5-7-2013
  • Scotts Valley Unified School District 9-7-2013
  • Vallejo City Unified School District 11-8-2013
(Recommended for APPROVAL WITH CONDITIONS)
Quality Education Investment Act (Class Size Reduction Requirements)
Item W-13 (DOC)
Subject: Request by Coachella Valley Unified 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 Numbers:
  • 23-6-2013
  • 24-6-2013
(Recommended for APPROVAL WITH CONDITIONS)
Quality Education Investment Act (Rule of 27)
Item W-14 (DOC)
Subject: Request by Anaheim Union High School District to waive portions of California Education Code Section 52055.740(a)(1)(C)(iii), regarding class size reduction requirements under the Quality Education Investment Act.
Waiver Number: 14-8-2013
(Recommended for APPROVAL WITH CONDITIONS
END OF WAIVERS
Item 17 (DOC)
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
Item 18 (DOC)
Subject: Standardized Testing and Reporting Program: Release of 10 Percent Withheld for 2012–13 Educational Testing Service Contract.
Type of Action: Action, Information
Item 19 (DOC)
Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.
Type of Action: Action, Information
Item 20 (DOC)
Subject: Approval of 2013–14 Consolidated Applications.
Type of Action: Action, Information
Item 21 (DOC)
Subject: Elementary and Secondary Education Act: Approval of Local Educational Agency Plans, Title I, Section 1112.
Type of Action: Action, Information
Item 22 (DOC; 1MB)
Subject: Elementary and Secondary Education Act: School Improvement Grant: Request a Waiver Under Title I, Part A Section 9401 to Carry Over 100 Percent of the Fiscal Year 2012 Cohort 2 School Improvement Grant Allocation.
Type of Action: Action, Information
Item 23 (DOC; 2MB)
Subject: Revisions to the California School Accounting Manual.
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, please submit these and any related materials to our office by 12:00 Noon on Friday, November 1, 2013, the Friday prior to the meeting.
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