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SBE Agenda for November 2014

Agenda for the California State Board of Education (SBE) meeting on November 13-14, 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
  • Kenton Shimozaki, Student Member
  • Vacancy
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters

Schedule of Meeting

Location

Thursday, November 13, 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

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

Schedule of Meeting

Location

Friday, November 14, 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.

CLOSED SESSION AGENDA

Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation follows will be considered and acted upon in closed session:

  • California 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
  • Cruz et al. v. State of California, State Board of Education, State Department of Education, Tom Torlakson et al., Alameda County Superior Court, Case No. RG14727139
  • 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
  • F.B. et al. v. The School of Arts and Enterprise, California State Board of Education, U.S. District Court, Central District of California, Case No. CV 14-1878
  • 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
  • Nevada City School District and the Board of Trustees of the Nevada City School District v. California Department of Education, State Superintendent of Instruction Tom Torlakson, State Board of Education, Nevada County Superior Court, Case No. CU14-080329
  • 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 ; Los Angeles County Superior Court, Case No. BS 148496
  • 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
  • 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.  Under Government 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.

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

November 13-14, 2014

Thursday, November 13, 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 01 (DOC)

Subject: Update of the History–Social Science Framework for California Public Schools: Progress of Field Review Survey.

Type of Action:  Information

Item 02 (DOC)

Subject:  California Assessment of Student Performance and Progress: Update on Program Activities, including Smarter Balanced, Achievement Level Setting, Technology, Science Assessment, Grade Two Diagnostic Assessments, and Alternate Field Test Development, including the National Center and State Collaborative Assessment Activities.

Type of Action:  Action, Information 

Item 03 (DOC)

Subject: Recommendations for the Full Implementation of Consortium Technology-Enabled Summative Assessments in 2014–15 as Required by Education Code Section 60648.5.

Type of Action:  Action, Information 

Item 04 (DOC)

Subject: Test Administration and Development of the California Assessment of Student Performance and Progress System: Approval of the Release of the Request for Submissions.

Type of Action:  Action, Information 

Item 05 (DOC)

Subject: English Language Proficiency Assessments for California: Approval of the Release of the Request for Proposals.

Type of Action:  Action, Information 

Item 06 (DOC)

Subject: Golden State Seal Merit Diploma: Approve Changes to Eligibility Criteria.

Type of Action:  Action, Information

Item 07 (DOC)

Subject: State Implementation Plan for California Next Generation Science Standards for Public Schools, Kindergarten through Grade Twelve, November 2014 Revision.

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 November 13, 2014. The Public Hearing will be held as close to 2:00 p.m. as the business of the State Board permits.

Item 08 (DOC)

Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Rosamond Community Charter Elementary School, which was denied by the Southern Kern Unified School District and the Kern County Board of Education.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARING

Item 09 (DOC)

Subject:  Consideration of a Retroactive “Reasonable Basis”/Mitigating Circumstances Request for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action:  Action, Information 

Item 10 (DOC)

Subject:  State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 covering program year 2013−14.

Type of Action:  Action, Information

ADJOURNMENT OF DAY’S SESSION

FULL BOARD AGENDA
Public Session

November 14, 2014

Friday, November 14, 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 11 (DOC)

Subject:  2015-16 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor for Consideration and Appointment.

Type of Action:  Action, Information

Item 12 (DOC)

Subject:  Reports from the 2014 Student Advisory Board on Education.

Type of Action:  Information

Item 13 (DOC)

Subject:  Local Control Funding Formula: Update on California’s Local Educational Agency and School Planning and Accountability System.

Type of Action:  Action, Information

Item 14 (DOC)

Subject: Local Control Funding Formula Spending Requirements and Local Control and Accountability Plan – Adopt Proposed California Code of Regulations, Title 5, Sections 15494 -15497.5.

Type of Action:  Action, Information 

Item 15 (DOC)

Subject:  Elementary and Secondary Education Act: Assignment of Corrective Action, Additional Fiscal Resources, and Associated Technical Assistance for Each of the Three High School Local Educational Agencies in Cohort 8 of Program Improvement Year 3 and Submission of Annual Evidence of Progress for Local Educational Agencies in Cohorts 1–8 of Program Improvement Year 3.

Type of Action:  Action, Information 

Item 16 (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 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

Note for Item 16 Attachment 2: The State Board of Education Screening Committee meetings to interview candidates for appointment to the Advisory Commission on Charter Schools and to the Instructional Quality Commission were cancelled, and will be rescheduled at a later date. Recommendations for appointments to these two commissions will be provided to the State Board of Education at a subsequent meeting following the completion of the rescheduled SBE Screening Committee meetings.

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

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 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, and public comment will be taken before board action on all proposed consent items; 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 of 2006)

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:

  • El Tejon Unified School District Fed-7-2014
  • Sierra Unified School District Fed-9-2014
  • Warner Unified School District Fed-10-2014
  • Westwood Unified School District Fed-8-2014

(Recommended for APPROVAL)

Physical Education Program (Block Schedules)

Item W-02 (DOC)

Subject: Request by Folsom-Cordova Unified School District 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 Vista del Lago High School.

Waiver Number: 1-9-2014

(Recommended for APPROVAL)

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

Item W-03 (DOC)

Subject: Request by two 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 two educational interpreters to provide services to students until June 30, 2015, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • Hemet Unified School District 3-7-2014
  • Plumas Unified School District 2-7-2014

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Resource Teacher Caseload)

Item W-04 (DOC)

Subject: Request by Moreland School District under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than 4 students (32 maximum).  Tim Hogan assigned at Easterbrook Discovery School.

Waiver Number: 6-4-2014

(Recommended for APPROVAL WITH CONDITIONS)

State Testing Apportionment Report

Item W-05 (DOC)

Subject: Request by Tamalpais Union High School District to waive the State Testing Apportionment Information Report and Certification deadline of December 31 in the California Code of Regulations, Title 5, sections 862(c)(2)(A), 1225(b)(2)(A) and 11517.5(b)(1)(A) for the Standardized Testing and Reporting Program, the California High School Exit Examination and the California English Language Development Test.

Waiver Number: 36-6-2014

(Recommended for APPROVAL)

Community Day Schools (CDS) (Commingle Grade Levels)

Item W-06 (DOC)

Subject: Request by Chawanakee Unified School District for a renewal waiver of California Education Code Section 48916.1(d) and portions of Education Code Section 48660, relating to the allowable grade span for a community day school.

Waiver Number: 2-8-2014

(Recommended for APPROVAL WITH CONDITIONS)

Equity Length of Time (Equity Length of Time)

Item W-07 (DOC)

Subject: Request by six school districts to waive California Education Code Section 37202, the equity length of time requirement for transitional kindergarten and kindergarten programs at the district’s elementary schools.

Waiver Numbers:

  • Douglas City Elementary School District 4-8-2014
  • Forestville Union Elementary School District 3-8-2014
  • Franklin-McKinley Elementary School District 6-7-2014
  • Harmony Union Elementary School District 9-8-2014    
  • Hermosa Beach City Elementary School District 14-6-2014
  • Rio Elementary School District 7-7-2014

(Recommended for APPROVAL WITH CONDITIONS)

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

Item W-08 (DOC)

Subject: Request by five school districts to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property. 

Waiver Numbers:

  • Alhambra Unified School District 12-8-2014
  • El Segundo Unified School District 14-8-2014
  • Jurupa Unified School District 5-7-2014
  • Orcutt Union Elementary School District 6-8-2014
  • William S. Hart Union High School District 10-8-2014

(Recommended for APPROVAL WITH CONDITIONS)

School District Reorganization (60 day Requirement to Fill Board Vacancy)

Item W-09 (DOC)

Subject: Request by Inglewood Unified School District to waive portions of California Education Code Section 5091, which will allow the board of trustees to make a provisional appointment to a vacant board position past the 60-day statutory deadline.

Waiver Number: 13-8-2014

(Recommended for APPROVAL)

School District Reorganization (Elimination of Election Requirement)

Item W-10 (DOC)

Subject: Request by Eastside Union Elementary School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.

Waiver Number: 4-7-2014

(Recommended for APPROVAL)

Schoolsite Council Statute (Shared Schoolsite Council)

Item W-11 (DOC)

Subject: Request by three 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:

  • Claremont Unified School District 7-8-2014
  • Claremont Unified School District 8-8-2014
  • Sweetwater Union High School District 1-7-2014
  • Tahoe-Truckee Unified School District 37-6-2014

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item W-12 (DOC)

Subject: Request by Los Angeles Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2014–15 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for two special education student(s) based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 1-8-2014

(Recommended for APPROVAL WITH CONDITIONS)

Special Education Program (Child Specific/ NPA or NPS Certification)

Item W-13 (DOC)

Subject: Request by Northern Humboldt Union High School District under the authority of California Education Code Section 56101 to waive Education Code Section 56366.1(a), the requirement for state certification to allow an uncertified out-of-state nonpublic school, National Deaf Academy, located in Florida to provide services to one special education student.

Waiver Number: 8-7-2014

(Recommended for APPROVAL)

School Construction Bonds (Bond Indebtedness Limit - Non-Unified after 2000)

Item W-14 (DOC)

Subject: Request by Planada Elementary School District to waive California Education Code sections 15102 and 15268, related to bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for elementary and high school districts. Proposition 39 of 2000 bonds limit the tax rate levy authorized in each election to $30 per $100,000 of assessed value for elementary and high school districts. The district is requesting 2.25 percent bonded indebtedness limit.

Waiver Number: 5-9-2014

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS

Item 18 (DOC)

Subject:  2015 English Language Arts/English Language Development Primary Adoption of Instructional Materials: Approval of Revised Schedule of Significant Events, Appointment of Reviewers, and Approval of Criteria Maps and Content Standards Maps.

Type of Action:  Action, Information

Item 19 (DOC)

Subject: California Assessment of Student Performance and Progress: Release of 10 Percent Withheld for 2013–14 Educational Testing Service Contract.

Type of Action:  Action, Information 

Item 20 (DOC)

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

Type of Action:  Action, Information 

Item 21 (DOC)

Subject:  Consideration of a Retroactive Request for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action:  Action, Information 

Item 22 (DOC)

Subject: Approval of 2014–15 Consolidated Applications.

Type of Action:  Action, Information 

Item 23 (DOC)

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

Type of Action:  Action, Information

ADJOURNMENT OF MEETING

This agenda is posted on the State Board of Education’s Web site [http://www.cde.ca.gov/be/ag/]. For more information concerning this agenda, please contact the State Board of Education at 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone 916-319-0827; facsimile 916-319-0175. Members of the public wishing to send written comments about an agenda item to the board are encouraged to send an electronic copy to SBE@cde.ca.gov, with the item number clearly marked in the subject line. In order to ensure that comments are received by board members in advance of the meeting, please submit these and any related materials to our office by 12:00 Noon on November 7, 2014, the Friday prior to the meeting.

Questions: State Board of Education | sbe@cde.ca.gov | 916-319-0827 
Last Reviewed: Tuesday, September 13, 2022
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