Friday, January 3, 2014

SBE Agenda for January 2014 - State Board of Education (CA Dept of Education)

SBE Agenda for January 2014 - State Board of Education (CA Dept of Education):

SBE Agenda for January 2014

Agenda for the California State Board of Education (SBE) meeting on January 15-16, 2014.

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

The Local Control Funding Formula (LCFF) Items 20 and 21 will be heard
Thursday, January 16, 2014, commencing at 8:30 a.m.

Spanish translators and headsets will be available for these items.Members of the public wishing to send written comments are asked to send an electronic copy to SBE@cde.ca.gov with the item numbers clearly marked in the subject line. To ensure that your 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, January 10, 2014.

Sign-up sheets for testimony on all items, including the LCFF items, will be accessible to the public on Wednesday, January 15 at 8:00 a.m., near the entrance to the Board Room in the CDE building lobby.

For the LCFF items, individual speakers will be limited to one minute each. 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.

Schedule of Meeting	Location
Wednesday, January 15, 2014 8:30 a.m. Pacific Time ± STATE BOARD OF EDUCATION Public 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.

Schedule of Meeting	Location
Thursday, January 16, 2014 8:30 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

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, 1^st 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, 1^st 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, 3^rd 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, 2^nd 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, 4^th 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, 2^nd 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, 2^nd 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 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

January 15, 2014

Wednesday, January 15, 2014 – 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

Item 1 (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 1 Attachment 2 (DOC)

Item 2 (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 3 (DOC)

Subject: 2014 Mathematics Adoption of Instructional Materials: Instructional Quality Commission Recommendations.

Type of Action: Action, Information

Item 4 (DOC)

Subject: Update on Statewide Assessment Transition Activities, including Assessment, Technology, and Data Management.

Type of Action: Information

Item 5 (DOC)

Subject: California Assessment of Student Performance and Progress (CAASPP): Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 850 – 868.

Type of Action: Action, Information

Item 6 (DOC)

Subject: California Assessment of Student Performance and Progress (CAASPP): Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 850 – 868.

Type of Action: Action, Information

Item 7 (DOC)

Subject: 2014 United States Senate Youth Program Presentation.

Type of Action: Information

Item 8 (DOC)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs, Including but Not Limited to, the School Improvement Grant Program and California’s Notice of Request to Waive Current Academic Assessments and Accountability from States that Participate in Field Testing of New State Assessments During the 2013–14 School Year Under the Elementary and Secondary Education Act Section 9401.

Type of Action: Action, Information

Item 9 (DOC)

Subject: Elementary and Secondary Education Act: Assignment of Corrective Action and Associated Technical Assistance for Each of the 84 Local Educational Agencies in Cohort 7 of Program Improvement Year 3 and Submission of Annual Evidence of Progress for Local Educational Agencies in Cohorts 1–7 of Program Improvement Year 3.

Type of Action: Action, Information

Item 9 Attachment 2 (XLS)

Item 10 (DOC)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Removal of Providers from the 2011–13, 2012–14, and 2013–15 Approval Lists for Failure to Submit a Complete 2012–13 Supplemental Educational Services Accountability Report or Failure to Meet the Regulatory Requirements of Provision of Services.

Type of Action: Action, Information

Item 11 (DOC; 2MB)

Subject: Elementary and Secondary Education Act: School Improvement Grant: Approval of the State’s Application for the Fiscal Year 2013 School Improvement Grant Under Section 1003(g) of the Elementary and Secondary Education Act.

Type of Action: Action, Information

Item 12 (DOC)

Subject: Approval of 2013–14 Consolidated Applications.

Type of Action: Action, Information

PUBLIC HEARING

A Public Hearing on the following agenda item will commence no earlier than 3:00 p.m. on January 15, 2014. The Public Hearing will be held as close to 3:00 p.m. as the business of the State Board permits.

Item 13 (DOC)

Subject: Ingenium Charter School: Consider a Material Revision of the Charter to Change from Grades Kindergarten Through Six to Grades Kindergarten Through Five.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARING

WAIVERS / ACTION AND CONSENT ITEMS

The following agenda items include waivers that are proposed for consent and those waivers scheduled for separate action if recommended for denial. 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. Members of the public may comment on waivers on proposed consent or waivers for separate action by signing up on the appropriate sign-in sheet.

Independent Study Program (Pupil Teacher Ratio)

Item W-01 (DOC)

Subject: Request by Alpaugh Unified School District for a renewal 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 Central California Connections Academy Charter School.

Waiver Number: 2-9-2013

(Recommended for APPROVAL WITH CONDITIONS)

Physical Education Program (Block Schedules)

Item W-02 (DOC)

Subject: Request by Fremont Unified School District for a renewal to waive portions of California Education Code Section 51222(a), related to the statutory minimum requirement of 400 minutes of physical education each ten school days for students in grades nine through twelve in order to implement a block schedule at Kennedy High School.

Waiver Number: 18-9-2013

(Recommended for APPROVAL)

Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item W-03 (DOC)

Subject: Request by Hanford Joint Union High School District 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 Amanda Edmondson to continue to provide services to students until June 30, 2014, under a remediation plan to complete those minimum requirements.

Waiver Number: 5-9-2013

(Recommended for APPROVAL WITH CONDITIONS)

State Testing Apportionment Report

Item W-04 (DOC)

Subject: Request by three 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:

Berryessa Union Elementary School District 11-10-2013
Covina-Valley Unified School District 15-10-2013
Sacramento City Unified School District 13-9-2013

(Recommended for APPROVAL)

Community Day Schools (Colocate Facilities/Commingle Grade Levels)

Item W-05 (DOC)

Subject: Request by two local educational agencies to waive portions of California Education Code Section 48661(a), relating to the colocation of a community day school with other types of schools. The third request is to waive California Education Code Section 48916.1(d) portions of California Education Code Section 48660, relating to the allowable grade spans for community day schools.

Waiver Numbers:

Chawanakee Unified School District 14-10-2013
Folsom-Cordova Unified School District 21-10-2013
Palo Verde School District 7-9-2013

(Recommended for APPROVAL WITH CONDITIONS)

Equity Length of Time (Equity Length of Time)

Item W-06 (DOC)

Subject: Request by two districts to waive California Education Code Section 37202(a), the equity length of time requirement for Transitional kindergarten students.

Waiver Numbers:

Escalon Unified School District 15-9-2013
Douglas City Elementary School District 4-10-2013

(Recommended for APPROVAL WITH CONDITIONS)

Other Waivers (Dental Screening)

Item W-07 (DOC)

Subject: Request by San Francisco Unified School District to waive California Education Code Section 51520(b), which prohibits free dental screening providers from self-referring for additional dental services.

Waiver Number: 16-8-2013

(Recommended for APPROVAL WITH CONDITIONS)

School District Reorganization (Elimination of Election and Effective Date for Reorganization)

Item W-08 (DOC)

Subject: Request by two school districts to waive portions of California Education Code Section 35710, regarding the elimination of election requirement and portions of California Education Code Section 35534, regarding effective date of reorganization.

Waiver Numbers:

Pleasant Valley Elementary School District 6-11-2013
Ready Springs Union Elementary School District 5-11-2013

(Recommended for APPROVAL)

School District Reorganization (Elimination of Trustee Area Elections)

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:

Alvord Unified School District 1-10-2013
Newman-Crows Landing Unified School District 13-10-2013
Salida Union Elementary School District 12-10-2013

(Recommended for APPROVAL)

Schoolsite Council Statute (Number and Composition of Members)

Item W-10 (DOC)

Subject: Request by six 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:

Fontana Unified School District 16-9-2013
Fontana Unified School District 17-9-2013
Franklin-McKinley Elementary School District 16-10-2013
Franklin-McKinley Elementary School District 17-10-2013
Merced River Union Elementary School District 4-9-2013
River Delta Joint Unified School District 9-9-2013
Sequoia Union High School District 8-9-2013
Shasta County Office of Education 10-9-2013

(Recommended for APPROVAL WITH CONDITIONS)

Class Size Penalties (Over Limit on Kindergarten and Grades 1-3)

Item W-11 (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:

Ramona City Unified School District 2-10-2013
Redondo Beach Unified School District 22-10-2013
Redwood City Elementary School District 24-10-2013
Redwood City Elementary School District 23-10-2013

(Recommended for APPROVAL WITH CONDITIONS)

Class Size Penalties (Over Limit on Grades 4-8)

Item W-12 (DOC)

Subject: Request by Merced City Elementary School District for a renewal to waive portions of California Education CodeSection 41376(b) and (e), relating to class size penalties for grades four through eight. Adistrict’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 Number: 5-10-2013

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-13 (DOC)

Subject: Request by Heber 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: 20-10-2013

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-14 (DOC)

Subject Request by Ontario-Montclair 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:

6-10-2013
7-10-2013
8-10-2013
9-10-2013

(Recommended for APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Teacher Experience Index)

Item W-15 (DOC)

Subject: Request by Richland Union Elementary School District to waive portions of California Education Code Section 52055.740(a), regarding the Teacher Experience Index under the Quality Education Investment Act.

Waiver Number: 12-9-2013

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS

Item 14 (DOC)

Subject: California Assessment of Student Performance and Progress: Approval of 2014 School District Apportionment Amounts.

Type of Action: Action, Information

Item 15 (DOC; 1MB)

Subject: English Language Arts/English Language Development Instructional Materials Adoption – Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Section 9517.3.

Type of Action: Action, Information

Item 16 (DOC)

Subject: Science Framework for California Public Schools, Kindergarten Through Grade Twelve, 2016 Revision: Approval of the Timeline of Significant Events and the Curriculum Framework and Evaluation Criteria Committee Application Form.

Type of Action: Action, Information

Item 17 (DOC)

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

Type of Action: Action, Information

Item 18 (DOC)

Subject: Elementary and Secondary Education Act: Approval of Local Educational Agency Plans, Title I, Section 1112.

Type of Action: Action, Information

Item 19 (DOC; 1MB)

Subject: Civic Center Act: Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments toCalifornia Code of Regulations, Title 5, sections 14037-14042.

Type of Action: Action, Information

ADJOURNMENT OF DAY’S SESSION

FULL BOARD AGENDA
Public Session

January 16, 2014

Thursday, January 16, 2014 – 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

The Local Control Funding Formula (LCFF) Items 20 and 21 will be heard
Thursday, January 16, 2014, commencing at 8:30 a.m.

AGENDA ITEMS

Item 20 (DOC)

Subject: Local Control Funding Formula Spending Requirements (LCFF) and Local Control and Accountability Plan (LCAP) – Approve the Finding of Emergency and Proposed Emergency Regulations for Additions to the California Code of Regulations, Title 5, Sections 15494-15497.

Type of Action: Action, Information

Item 21 (DOC)

Subject: Local Control Funding Formula Spending Requirements (LCFF) and Local Control and Accountability Plan (LCAP) – Approve Commencement of the Rulemaking Process for Additions to California Code of Regulations, Title 5, Sections 15494-15497.

Type of Action: Action, Information

Item 22 (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

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, January 10, 2014, the Friday prior to the meeting.

Questions: State Board of Education | 916-319-0827

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