Final Minutes March 2014 - SBE Minutes (CA State …€¦ · Web viewFinal Minutes March 12-13, 2014 State Board Members Present Michael W. Kirst, President Ilene W. Straus, Vice

California State Board of EducationAGENDA – March 12-13, 2014

CALIFORNIA STATE BOARD OF EDUCATION

Final Minutes March 12-13, 2014

State Board Members PresentMichael W. Kirst, PresidentIlene W. Straus, Vice PresidentSusan BurrCarl CohnBruce HoladayAida MolinaPatricia A. RuckerNiki SandovalTrish WilliamsJesse Zhang, Student Member

State Board Members AbsentNone

Secretary & Executive OfficerHon. Tom Torlakson

Principal Staff Karen Stapf Walters, Executive Director, State Board of Education (SBE)Judy Cias, Chief Counsel, SBEPatricia de Cos, Deputy Executive Director, SBE Brooks Allen, Deputy Policy Director and Assistant Legal Counsel, SBE Carolyn Pfister, Education Programs Consultant, SBEBeth Rice, Education Programs Consultant, SBE Nancy Brownell, Senior Fellow, SBE and California Department of Education (CDE)Amy Bubbico, Associate Governmental Program Analyst, SBERichard Zeiger, Chief Deputy Superintendent, CDE Amy Cameron, Education Policy Administrator I, CDELupita Cortez-Alcala, Deputy Superintendent, CDE Deborah V. Sigman, Deputy Superintendent, CDEAmy Bisson-Holloway, General Counsel, CDEEdmundo Aguilar, Assistant General Counsel, CDE

Please note that the complete proceedings of the March 12-13, 2014, State Board of Education meeting, including closed-captioning, are available online at: http://www.cde.ca.gov/be/ag/ag/sbewebcastarchive.asp.

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http://www.cde.ca.gov/be/ag/ag/sbewebcastarchive.asp


Public SessionMarch 12, 2014

President Kirst called the meeting to order at approximately 8:30 a.m.

Call to Order

Salute to the Flag

___________________________________________________________________Report of the Superintendent

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AGENDA ITEMS

Item 1 Subject: Local Control Funding Formula: Update on California’s Local Educational Agency and School Planning and Accountability System. Type of Action: Information

CDE Recommendation: No specific action is recommended at this time.

ACTION: No Action Taken.

Item 2Subject: Local Control Funding Formula, Kindergarten and Grades One through Three Grade Span Adjustment: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 15498, 15498.1, 15498.2, and 15498.3.Type of Action: Action, Information

CDE Recommendations: The CDE recommends that the SBE take the following actions:

Approve the Finding of Emergency;

Adopt the proposed emergency regulations;

Direct the CDE to circulate the required notice of proposed emergency action, and then submit the emergency regulations to the Office of Administrative Law (OAL) for approval; and

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Authorize the CDE, in consultation with SBE staff, to take any necessary action, consistent with the SBE’s direction, to respond to any direction or concern expressed by the OAL during its review of the Finding of Emergency and proposed emergency regulations.

ACTION 1: Member Burr moved to adopt the CDE staff recommendations.

Member Rucker seconded the motion.

Yes votes: Members Holaday, Sandoval, Zhang, Williams, Molina, Kirst, Straus, Burr, Cohn, and Rucker

No votes: None

Member Absent: None

Abstentions: None

Recusals: None

The motion passed with 10 votes.

President Kirst reopened Item 2 in order to clarify the board’s previous motion.

ACTION 2:Member Burr moved to adopt the CDE staff recommendation.



No votes: None

Member Absent: None

Abstentions: NoneRecusals: None

Motion passed with 10 votes.

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Item 30Subject: Local Control Funding Formula, Kindergarten and Grades One through Three Grade Span Adjustment: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 15498, 15498.1, 15498.2, and 15498.3.Type of Action: Action, Information

CDE Recommendations: The CDE recommends the SBE take the following actions:

Approve the Notice of Proposed Rulemaking (Notice);

Approve the Initial Statement of Reasons (ISOR);

Approve the proposed regulations;

Direct the CDE to commence the rulemaking process; and Authorize the CDE, in consultation with SBE staff, to take any necessary

action, consistent with the SBE’s direction, to respond to any direction or concern expressed by the Office of Administrative Law during its review of the Notice, ISOR, and proposed regulations.

ACTION: Member Burr moved to adopt the CDE staff recommendations.

Member Molina seconded the motion.


No votes: None

Member Absent: None

Abstentions: None

Recusals: None


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President Kirst reopened Item 30 in order to clarify the board’s previous motion.

ACTION 2: Member Burr moved to approve the CDE staff recommendation.



No votes: None

Member Absent: None

Abstentions: None

Recusals: None


Item 3Subject: Demonstration of the Quality Schooling Framework. Type of Action: Information

CDE Recommendations: The CDE recommends that the SBE consider this an information item with no specific action at this time.


***WAIVERS ON CONSENT***W-1 through W-17

INDEPENDENT STUDY PROGRAM (Pupil Teacher Ratio)PROPOSED CONSENT Item W-01Subject: Request by Capistrano 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

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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 Capistrano Connections Academy Charter School. Waiver Number: 14-12-2013

CDE Recommendation: Approval with Conditions

OPEN ENROLLMENT (Removal From the List of LEAs)PROPOSED CONSENT Item W-02Subject: Request by Covina-Valley Unified School District to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Lark Ellen Elementary School from the Open Enrollment List of “low-achieving schools” for the 2013–14 school year.Waiver Number: 13-12-2013


OPEN ENROLLMENT (Removal From the List of LEAs)PROPOSED CONSENT Item W-03Subject: Request by six school districts to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove nine schools from the Open Enrollment List of “low-achieving schools” for the 2014–15 school year.Waiver Numbers: Conejo Valley Unified School District 28-12-2013

Conejo Valley Unified School District 29-12-2013Evergreen Unified School District 21-12-2013Evergreen Unified School District 22-12-2013Fremont Unified School District 17-12-2013Livermore Valley Unified School District 4-12-2013Redlands Unified School District 9-12-2013Redlands Unified School District 10-12-2013Ripon Unified School District 05-12-2013


PHYSICAL EDUCATION PROGRAM (Block Schedules)PROPOSED CONSENT Item W-04Subject: 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

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in grades nine through twelve in order to implement a block schedule at Vista del Lago High School.Waiver Number: 26-10-2013

CDE Recommendation: Approval

SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)PROPOSED CONSENT Item W-05Subject: Request by Lindsay Unified 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 Katie Holland and Jessica Torres to continue to provide services to students until June 30, 2014, under a remediation plan to complete those minimum requirements.Waiver Numbers: 13-11-2013

14-11-2013


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)PROPOSED CONSENT Item W-06Subject: 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). Donna Wohltmann assigned at Payne Elementary School.Waiver Number: 10-10-2013


ADMINISTRATOR/TEACHER RATIO (Administrator/Teacher Ratio in Elementary School District)PROPOSED CONSENT Item W-07Subject: Request by Mupu Elementary School District to waive California Education Code Section 41402(a), the requirement which sets the ratio of administrators to teachers for elementary schools at nine for every 100 teachers. Mupu Elementary School District would like to temporarily increase the ratio during the transition of training a new superintendent.Waiver Number: 31-12-2013

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SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)PROPOSED CONSENT Item W-08Subject: Request by Gilroy Unified School District to waive portions of California Education Code sections 17466, 17472, and 17475, and all of 17473 and 17474, specific statutory provisions for the sale and lease of surplus property. Approval of the waiver would allow the district to sell two pieces of property using a broker and a “request for proposal” process, thereby maximizing the proceeds from the sale. The district properties for which the waiver is requested are the Wren Avenue Property and the Grove Property, both located in the city of Gilroy.Waiver Number: 16-11-2013


SCHOOL DISTRICT REORGANIZATION (60-day Requirement to Fill Board Vacancy)PROPOSED CONSENT Item W-09Subject: Request by Union Hill Elementary 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: 11-12-2013


SCHOOL DISTRICT REORGANIZATION (Election of Governing Board)PROPOSED CONSENT Item W-10Subject: Request by South Monterey County Joint Union High 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: 2-12-2013


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)PROPOSED CONSENT Item W-11

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Subject: Request by six school districts 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 Numbers: Beaumont Unified School District 20-1-2014

Desert Sands Unified School District 24-1-2014Linden Unified School District 20-12-2013Palm Springs Unified School District 22-1-2014Stanislaus Union Elementary School District 15-12-2013Waterford Unified School District 7-11-2013


SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)PROPOSED CONSENT Item W-12Subject: Request by Green Point Elementary School District for a renewal to waive California Education Code Section 35780(a), which requires lapsation of a district with an average daily attendance of less than six.Waiver Number: 32-12-2013


SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)PROPOSED CONSENT Item W-13Subject: Request by two districts to waive portions of California Education Code sections 35534, 35780, and 35782, and all of Section 35786, regarding district lapsation and date of effectiveness of lapsation. Waiver Numbers: Cox Bar Elementary School District 24-12-2013

Trinity Alps Unified School District 23-12-2013


SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)PROPOSED CONSENT Item W-14Subject: Request by 11 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: Caruthers Unified School District 25-10-2013

Chawanakee Unified School District 7-12-2013El Dorado County Office of Education 2-11-2013Golden Feather Union Elementary School District 1-12-2013

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Hilmar Unified School District 19-10-2013Los Angeles County Office of Education 3-10-2013Marysville Joint Unified School District 12-11-2013Mountain Valley Unified School District 6-12-2013Mountain Valley Unified School District 8-12-2013Placer County Office of Education 27-12-2013Pomona Unified School District 3-12-2013Santa Barbara County Office of Education 3-11-2013


SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))PROPOSED CONSENT Item W-15Subject: Request by four local educational agencies to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.Waiver Numbers: Madera County Office of Education 30-12-2013

Paradise Unified School District 19-12-2013 South Whittier Elementary School District 18-10-2013 Visalia Unified School District 11-11-2013


OPEN ENROLLMENT (Removal From the List of LEAs)PROPOSED CONSENT Item W-16Subject: Request by Covina-Valley Unified School District for a renewal to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Manzanita Elementary School from the Open Enrollment List of “low-achieving schools” for the 2013–14 school year.Waiver Number: 12-12-2013

CDE Recommendation: Denial

OPEN ENROLLMENT (Removal From the List of LEAs)PROPOSED CONSENT Item W-17Subject: Request by Fowler Unified School District to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Fremont Elementary School from the Open Enrollment List of “low-achieving schools” for the 2014–15 school year.Waiver Number: 10-11-2013

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ACTION: Member Straus moved to adopt the CDE staff recommendations on each waiver on consent.

Member Cohn seconded the motion.

Yes votes: Members

No votes: None

Member Absent: None

Abstentions: None

Recusals: None


***WAIVER REQUIRING INDIVIDUAL ACTION***W-18

SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)Item W-18Subject: Request by San Joaquin County Office of Education 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: 27-10-2013


ACTION: Member Rucker moved to adopt the CDE staff recommendation to deny the waiver.



No votes: None

Member Absent: None

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Abstentions: None

Recusals: None


***WAIVERS ON CONSENT***W-20 through W-23

CLASS SIZE PENALTIES (Over Limit on Grades 1-3)PROPOSED CONSENT Item W-20Subject: Request by Stanislaus Union Elementary School District, under the authority of California Education Code Section 41382, for a renewal to waive portions of Education 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 Number: 9-11-2013


CLASS SIZE PENALTIES (Over Limit on Grades 4-8)PROPOSED CONSENT Item W-21Subject: Request by Redwood City Elementary School District 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 Number: 28-10-2013


QUALITY EDUCATION INVESTMENT ACT (Class Size Reduction Requirements)PROPOSED CONSENT Item W-22Subject: Request by six 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: Mt. Diablo Unified School District 25-12-2013

Mt. Diablo Unified School District 26-12-2013

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Oakland Unified School District 4-1-2014Oakland Unified School District 5-1-2014Oakland Unified School District 6-1-2014Oakland Unified School District 7-1-2014Oakland Unified School District 8-1-2014Oakland Unified School District 9-1-2014Oakland Unified School District 10-1-2014Oakland Unified School District 11-1-2014Oakland Unified School District 12-1-2014Oakland Unified School District 13-1-2014Oakland Unified School District 14-1-2014Oakland Unified School District 15-1-2014Oakland Unified School District 16-1-2014Oakland Unified School District 17-1-2014San Jose Unified School District 33-12-2013San Jose Unified School District 34-12-2013Santa Ana Unified School District 35-12-2013Santa Ana Unified School District 36-12-2013Santa Ana Unified School District 37-12-2013Santa Ana Unified School District 38-12-2013Santa Maria-Bonita School District 18-12-2013Santa Paula Unified School District 16-12-2013


QUALITY EDUCATION INVESTMENT ACT (Highly Qualified Teachers and Williams)PROPOSED CONSENT Item W-23Subject: Request by Oakland Unified School District to waive portions of California Education Code Section 52055.740(a), regarding Highly Qualified Teachers and/or the Williams case settlement requirements under the Quality Education Investment Act.Waiver Numbers: 19-1-2014

21-1-2014


ACTION: Member Molina moved to adopt the CDE staff recommendations for each waiver on consent.


Yes votes: Members Members Holaday, Sandoval, Zhang, Williams, Molina, Kirst, Straus, Burr, and Cohn

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No votes: None

Member Absent: None

Abstentions: None

Recusals: Member Rucker


***WAIVER REQUIRING INDIVIDUAL ACTION***W-19

TEACHER EVALUATION AND ASSESSMENT (Probationary Status)Item W-19Subject: Request by San Jose Unified School District to waive California Education Code Section 44929.21(b), to enable both the granting of permanent status after the first year of probationary status and the granting of a third year of probationary status as deemed necessary.Waiver Number: 39-1-2014


ACTION: No Action Taken. (The board will bring this Item back at the May board meeting.)

*** END OF WAIVERS ***

Item 4Subject: Approval of 2013–14 Consolidated Applications.Type of Action: Action, Information CDE Recommendations: The CDE recommends that the SBE approve the 2013–14 ConApps submitted by LEAs in Attachment 1, and hear an update on the progress of non-compliant Federal Program Monitoring items from Brawley Elementary, Ravendale-Termo Elementary, Soledad Unified, and Victor Valley Union High.

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ACTION: Member Molina moved to adopt the CDE staff recommendations.



No votes: None

Member Absent: None

Abstentions: None

Recusals: None


*** PUBLIC HEARINGS ***

President Kirst opened the public hearing at approximately 2:24 p.m.

President Kirst closed the public hearing at approximately 2:26 p.m.

Item 5Subject: Pioneer Union Elementary School District: Consideration of Petition to Renew Districtwide Charter.Type of Action: Action, Information, Hearing

CDE Recommendations: The CDE recommends that the SBE hold a public hearing and approve the districtwide charter for the PUESD for a five-year term of July 1, 2014, to June 30, 2019. In accordance with the requirements of EC Section 47606(b), the SSPI must also approve the PUESD charter renewal.

Advisory Commission on Charter Schools (ACCS) Recommendation: The ACCS met on February 7, 2014, and voted unanimously to recommend approval for the renewal of the PUESD districtwide charter.

ACTION: Member Holaday moved to adopt the CDE staff recommendations.Member Straus seconded the motion.Yes votes: Members Holaday, Sandoval, Zhang, Williams, Kirst, Straus, Burr, Cohn, and Rucker.No votes: None

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Member Absent: Member Molina

Abstentions: None

Recusals: None




Item 6Subject: Kings River-Hardwick Union Elementary School District: Consideration of Petition to Renew Districtwide Charter.Type of Action: Action, Information, Hearing

CDE Recommendations: The CDE recommends that the SBE hold a public hearing and approve the districtwide charter for the KRHUESD for a five-year term of July 1, 2014, to June 30, 2019. In accordance with the requirements of EC Section 47606(b), the SSPI must also approve the KRHUESD charter renewal.

ACCS Recommendation: The ACCS met on February 7, 2014, and voted unanimously to recommend approval for the renewal of the KRHUESD districtwide charter.

ACTION: Member Holaday moved to adopt the CDE staff recommendations.

Member Williams seconded the motion.

Yes votes: Members Holaday, Sandoval, Zhang, Williams, Kirst, Straus, Burr, Cohn, and Rucker.

No votes: None

Member Absent: Member Molina

Abstentions: NoneRecusals: None


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Item 7Subject: Ridgecrest Charter School: Consideration of Petition to Renew Charter Currently Authorized by the State Board of Education.Type of Action: Action, Information, Hearing

CDE Recommendations: The CDE recommends that the SBE hold a public hearing and consider the CDE’s recommendation to approve the RCS charter petition for a five-year term effective July 1, 2014, through June 30, 2019.

ACCS Recommendation: The ACCS met on February 7, 2014, and voted unanimously to recommend approval for the renewal of the RCS charter.


Member Zhang seconded the motion.

Yes votes: Members Holaday, Sandoval, Zhang, Williams, Molina, Kirst, Straus, Burr, Cohn, and Rucker.

No votes: None

Member Absent: None

Abstentions: None

Recusals: None


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Item 8Subject: Barack Obama Charter School: Consideration of Petition to Renew Charter Currently Authorized by the State Board of Education.Type of Action: Action, Information, Hearing

CDE Recommendations: The CDE recommends that the SBE hold a public hearing and consider the CDE’s recommendation to approve the BOCS charter petition for a five-year term effective July 1, 2014, through June 30, 2019.

ACCS Recommendation: The ACCS met on February 7, 2014, and voted unanimously to recommend approval for the renewal of the BOCS charter.


Member Straus seconded the motion.


No votes: None

Member Absent: None

Abstentions: None

Recusals: None


*** END OF PUBLIC HEARINGS ***

Item 9Subject: Charter Revocation: Approve Commencement of the Rulemaking Process to Repeal California Code of Regulations, Title 5, Section 11968.5.Type of Action: Action, Information

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CDE Recommendations: The CDE recommends the SBE take the following actions:

Approve the Notice of Proposed Rulemaking (Notice);

Approve the Initial Statement of Reasons (ISOR);

Approve the proposed regulations;

Direct the CDE to commence the rulemaking process; and

Authorize the CDE to take any necessary ministerial action to respond to any direction or concern expressed by the Office of Administrative Law during its review of the Notice, ISOR, and proposed regulations.

ACTION: Member Straus moved to adopt the CDE staff recommendations.

Member Burr seconded the motion.


No votes: None

Member Absent: None

Abstentions: None

Recusals: None


*** PUBLIC HEARING ***



Item 10Subject: Recommendations Regarding Revocation of Charter Schools Identified Pursuant to California Code of Regulations, Title 5, Section 11968.5.Type of Action: Action, Information, Hearing

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CDE Recommendations: The CDE recommends that the SBE approve the recommended actions as provided in Attachment 1.ACCS Recommendation: The ACCS met on February 7, 2014, and voted unanimously to move the SSPI recommendations forward to the SBE.




No votes: None

Member Absent: None

Abstentions: None

Recusals: None


*** END OF PUBLIC HEARING ***

Item 11 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

SBE Recommendation: The SBE staff recommends that the SBE approve the Draft Preliminary Report of Actions / Minutes for the January 15-16, 2014 SBE meeting. (Attachment 1)

ACTION: Member Sandoval moved to approve the Preliminary Report of Actions/Minutes for the January 15-16, 2014 SBE meeting.


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No votes: None

Member Absent: None

Abstentions: None

Recusals: None


*** ADJOURNMENT OF DAY’S SESSION ***

President Kirst adjourned the meeting at approximately 4:09 p.m.

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Public SessionMarch 13, 2014

President Kirst called the meeting to order at approximately 8:30 a.m.

Call to Order

Salute to the Flag

MEMBERS PRESENT: Michael W. Kirst, PresidentIlene W. Straus, Vice PresidentSue BurrCarl CohnBruce HoladayAida Molina Patricia A. RuckerNiki SandovalTrish WilliamsJesse Zhang, Student Member Tom Torlakson, SSPI

MEMBERS ABSENTNone

Salute to the Flag

AGENDA ITEMS

Item 12Subject: Alternative High School Equivalency Test Request for Information: List of Respondent-Vendors for Consideration and Approval.Type of Action: Action, Information

CDE Recommendations: The CDE recommends that the SBE take the following actions:

Consider submissions by test vendors and CDE’s compliance review summary of respondents to the RFI for the provision of a high school equivalency test. (Attachment 1)

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Approve for implementation one or more alternative high school equivalency tests.

ACTION: Member Burr moved to adopt the CDE staff recommendations.

Member Straus seconded the motion.


No votes: None

Member Absent: None

Abstentions: None

Recusals: None


Item 13Subject: Update on California Assessment of Student Performance and Progress Activities, Including, but not limited to, the Smarter Balanced Digital Library, Spring 2014 Smarter Balanced Field Test, National Center and State Collaborative Activities, and Planning of the Science Assessment Stakeholder Meetings.Type of Action: Information

CDE Recommendation: No specific action is recommended.


Item 14Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs, Including but Not Limited to, 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

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CDE Recommendations: The CDE recommends that the SBE take action as deemed necessary and appropriate. There is no specific action recommended at this time.


Item 15Subject: Calculation of the 2014 Growth and Base and 2015 Growth Academic Performance Indexes During the Transition to the California Assessment of Student Performance and Progress. Type of Action: Action, Information

CDE Recommendations: The CDE recommends that the SBE approve not calculating the 2014 Growth and Base APIs and 2015 Growth API for elementary, middle, and high schools.

Public Schools Accountability Act (PSAA) Advisory Committee Recommendation: Because there was a possibility of producing a high school API, the PSAA Advisory Committee reviewed options for producing a high school API at its December 9, 2013 meeting. The members unanimously agreed that the 2014 Growth API for high schools should not be produced.


Member Zhang seconded the motion.


No votes: None

Member Absent: None

Abstentions: None

Recusals: None


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Item 16Subject: Elementary and Secondary Education Act: Proposed Amendments to California’s Consolidated State Application Accountability Workbook for 2014.Type of Action: Action, Information

CDE Recommendations: The CDE recommends that the SBE approve three amendments to California’s Accountability Workbook.


Member Sandoval seconded the motion.


No votes: None

Member Absent: None

Abstentions: None

Recusals: None


Item 17Subject: 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

CDE Recommendation: CDE recommends that the SBE take action as deemed necessary and appropriate but recommends no specific action at this time.


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***REGULAR CONSENT ITEMS***Items 18 - 29

Item 18PROPOSED CONSENTSubject: 2015 English Language Arts/English Language Development Instructional Materials Adoption: Approval of the draft Schedule of Significant Events (Timeline) and the draft Instructional Materials Reviewer and Content Review Expert Online Application.Type of Action: Action, Information

CDE Recommendations: The CDE recommends that the SBE approve the draft Timeline and the draft IMR and CRE Online Application that will be used to recruit applicants to serve as reviewers during the 2015 English Language Arts/English Language Development Instructional Materials Adoption (ELA/ELD Adoption).

Item 19PROPOSED CONSENTSubject: English Language Development Supplemental Instructional Materials Review: Approval of Recommended Supplemental Instructional Materials.Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the recommended ELD supplemental instructional materials listed on Attachment 1.

Item 21PROPOSED CONSENTSubject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE assign charter numbers to the charter schools identified on the attached list.

Item 22PROPOSED CONSENTSubject: Consideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code

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Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5. Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the requests for funding determinations and the periods specified for the Nonclassroom-based charter schools as listed on Attachment 1.

ACCS Recommendation: The ACCS met on February 7, 2014, and voted unanimously to move the CDE’s staff recommendation to the SBE for the determination of funding requests for the charter schools identified in Attachment 1.

Item 23PROPOSED CONSENTSubject: Consideration of a “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

CDE Recommendation: CDE recommends that the SBE accept Assurance Learning Academy’s mitigating circumstances request and approve funding at 100 percent for a four-year period.

Advisory Commission on Charter Schools Recommendation:The ACCS met on February 7, 2014, and voted unanimously to move the CDE’s staff recommendation to the SBE for a determination of funding for the Assurance Learning Academy at 100 percent for a four-year period specified in Attachment 1.

Item 24 PROPOSED CONSENTSubject: Elementary and Secondary Education Act: Approval of Local Educational Agency Plans, Title I, Section 1112.Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve 24 direct-funded charter school LEA Plans, listed in Attachment 1.

Item 25PROPOSED CONSENTSubject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Providers, Including Local Educational Agencies

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Identified for Improvement as Providers Based on a Waiver Granted Under Title I, Part A Section 9401 of the Elementary and Secondary Education Act to the 2014–16 State Board of Education-Approved Supplemental Educational Services Provider List.Type of Action: Action, Information

CDE Recommendation: The CDE recommends the SBE approve providers for a two-year period beginning July 1, 2014, through June 30, 2016, including local educational agencies (LEAs) identified for improvement or corrective action as SES providers based on the waiver granted by the U.S. Department of Education (ED). The summary list of providers recommended for approval is provided as Attachment 1. The summary list of LEAs identified for improvement recommended for approval is provided as Attachment 2.

Item 26PROPOSED CONSENTSubject: Elementary and Secondary Education Act: School Improvement Grant: Renewal of Sub-grants Under Section 1003(g) for Year 3 of Cohort 2 Local Educational Agencies and Schools.Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE authorize SBE President Michael W. Kirst, in consultation with State Superintendent of Public Instruction (SSPI) Tom Torlakson, to approve Year 3 sub-grants for Cohort 2 SIG LEAs, with funding contingent on the LEA submitting a complete Renewal Application indicating progress in meeting annual goals established by the LEA for student achievement in reading/language arts and mathematics or making progress on the leading indicators described in Section III of the ED SIG Final Requirements. The list of Cohort 2 LEAs and schools conditionally recommended for Year 3 sub-grants is provided as Attachment 1. The Cohort 2 Year 3 LEA Renewal Application is provided as Attachment 2.

Item 27PROPOSED CONSENTSubject: California State Plan 1999–2014 for the Workforce Investment Act, Title II: Adult Education and Family Literacy Act: Extension and Updates.Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the plan with the estimated performance goals and allow the State Superintendent of Instruction and the SBE Executive Director to continue to work with the OCTAE in finalizing the performance goals before the due date of April 1, 2014.

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Item 28PROPOSED CONSENTSubject: Update of Special Education Regulations— Adopt Proposed California Code of Regulations, Title 5, Sections 3001-3088.Type of Action: Action, Information

CDE Recommendation: The CDE recommends the SBE take the following actions:

Approve the Final Statement of Reasons;

Formally adopt the proposed regulations approved by the SBE at the November 2013 meeting. No amendments or edits have been made to the proposed regulations.

Direct the CDE to resubmit the rulemaking file to the Office of Administrative Law (OAL) for approval; and

Authorize the CDE to take any necessary ministerial action to respond to any direction or concern expressed by the OAL during its review of the rulemaking file.

Item 29PROPOSED CONSENTSubject: Civic Center Act: Adopt Proposed Amendments to California Code of Regulations, Title 5, sections 14037-14042.Type of Action: Action, Information

ACTION: Member Burr moved to adopt the CDE staff recommendations for each item.



No votes: None

Member Absent: None

Abstentions: None

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Recusals: None


Item 20 Subject: GENERAL PUBLIC COMMENTPublic 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 presentationsType of Action: Information

SBE Recommendations: Listen to public comment on matters not included on the agenda.


REPORT OUT OF CLOSED SESSIONPresident Kirst announced that the Board discussed and/or took action on the following case as noticed on the SBE’s agenda: Vergara v. State and Emma C. v. Delaine Eastin.

*** ADJOURNMENT OF MEETING ***

President Kirst adjourned the meeting at approximately 12:59 p.m.

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Documents

Final Minutes March 2014 - SBE Minutes (CA State …€¦ · Web viewFinal Minutes March 12-13, 2014 State Board Members Present Michael W. Kirst, President Ilene W. Straus, Vice