California State Board of Education
AGENDA – November 4-5, 2015
/ CALIFORNIA STATE BOARD OF EDUCATIONFinal Minutes
November 4-5, 2015
MEMBERS PRESENT:
Michael W. Kirst, President
Ilene W. Straus, Vice President
Sue Burr
Bruce Holaday
Aida Molina
Feliza I. Ortiz-Licon
Patricia A. Rucker
Niki Sandoval
Ting L. Sun
Trish Williams
Michael S. McFarland, Student Member
Tom Torlakson, SSPI
MEMBERS ABSENT
None
Principal Staff
Karen Stapf Walters, Executive Director, State Board of Education (SBE)
Judy Cias, Chief Counsel, SBE
Patricia de Cos, Deputy Executive Director, SBE
Brooks Allen, Deputy Policy Director and Assistant Legal Counsel, SBE
Julie White, Director of Communications, SBE
Michelle Magyar, Project Manager, Local Control Funding Formula, SBE
Carolyn Pfister, Education Programs Consultant, SBE
Kristin Wright, Education Programs Consultant, SBE
Nancy Brownell, Senior Fellow, SBE
Amy Bubbico, Staff Services Manager I, SBE
Glen Price, Chief Deputy Superintendent, California Department of Education (CDE)
Michelle Zumot, Chief Deputy Superintendent, CDE
Stephanie Papas, Education Policy Administrator I, CDE
Nick Schweizer, Deputy Superintendent, CDE
Lupita Cortez-Alcala, Deputy Superintendent, CDE
Keric Ashley, Deputy Superintendent, CDE
Amy Bisson-Holloway, General Counsel, CDE
Edmundo Aguilar, Assistant General Counsel, CDE
Please note that the complete proceedings of the November 4-5, 2015, State Board of Education meeting, including closed-captioning, are available online at: .
CALIFORNIA STATE BOARD OF EDUCATION
Public Session
November 4, 2015
President Kirst called the meeting to order at approximately 8:30 a.m.
AGENDA ITEMS
Report of the Superintendent
Item 01
Subject: 2016-2017 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor for Consideration and Appointment.
Type of Action: Action, Information
SBE Recommendation: The SBE Screening Committee recommends that the SBE approve the three finalists for the position of 2016-2017 SBE Student Member, as identified in the Item Addendum. The approved finalists will be forwarded to the Governor for his consideration and appointment as the 2016-17 SBE Student Member.
ACTION: Member Burr moved to approve the SBE Screening Committee’s recommendation.
Member Holaday seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 11votes.
Item 02
Subject: Reports from the 2015 Student Advisory Board on Education.
Type of Action: Information
CDE Recommendation: Listen to student proposals from the 2015 SABE Conference.
ACTION: No Action Taken.
Item 03
Subject: California Assessment of Student Performance and Progress: Update on Program Activities, including, but not limited to, Smarter Balanced Assessments (Summative, Interim, andDigital Library Resources), Technology, Summative
Assessment in Primary Languages Other than English, California Alternate Assessment, California Next Generation Science Standards Assessments, and Outreach Activities.
Type of Action: Action, Information
CDE Recommendation: This item is for information only. No specific action is recommended.
ACTION: No Action Taken.
Item 04
Subject: California Assessment of Student Performance and Progress: Determination of the Release of Up to 10 Percent Withheld for the 2014–15 Educational Testing Service Contract.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends releasing a total of $5,247,157.90 from funds withheld during the 2014–15 test administration. The CDE further recommends not releasing $3,096,959.50 to the contractor specific to component tasks 7–9. The amounts per task are listed in Attachment 3.
ACTION: Member Burr moved to approve the CDE staff recommendations.
Member Holadayseconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 11 votes.
Item 05
Subject: California Assessment of Student Performance and Progress: Approve Commencement of Rulemaking for Amendments to the California Code of Regulations, Title 5, Sections 850 through 864.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends the SBE take the following actions:
- Approve the Notice of Proposed Rulemaking
- Approve the Initial Statement of Reasons
- Approve the proposed amendments to the 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 OAL during its review of the Notice, ISOR and proposed regulations
ACTION: Member Burr moved to approve the CDE staff recommendations.
Member Ruckerseconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with11 votes.
Item 06
Subject: California Assessment of Student Performance and Progress: Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 850 through 864.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends the SBE take the following actions:
- Approve the Finding of Emergency (FOE);
- Adopt the proposed emergency regulations;
- Direct the CDE to circulate the required notice of proposed emergency action, and then submit the emergency regulations for adoption to the 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 FOE and proposed emergency regulations
ACTION: Member Burr moved to approve the CDE staff recommendations.
Member Sun seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 11 votes.
Item 07
Subject: School Improvement Grant: Approval of California’s State-determined Intervention Model for the School Improvement Grant Under Section 1003(g) of the Elementary and Secondary Education Act.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE take action to approve the California School Improvement Grant State-determined Intervention Model.
ACTION: Member Sunmoved to approve the CDE staff recommendation with the addition to addlanguage including a focus on subgroups in areas of need and programs that would address those needs.
Member Ortiz-Licon seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: Member Burr
Recusals: None
The motion passed with 10 votes.
PUBLIC HEARING
President Kirst opened the public hearing at 2:50 p.m.
President Kirst closed the public hearing at 2:58 p.m.
Item 08
Subject: 2015 English Language Arts/English Language Development Adoption of K–8 Instructional Materials: Instructional Quality Commission Recommendations.
Type of Action: Action, Information, Hearing
CDE Recommendation:The CDE recommends that the SBE act on the following IQC recommendations:
- Adopt all the instructional materials programs on the IQC-recommended list, which includes 17 Basic Programs (Program 1 Basic ELA, Program 2 Basic ELA/ELD, and Program 3 Basic Biliteracy) for Kindergarten and Grades 1–8, and 8 Intervention Programs (Program 4 Intensive Intervention ELA and Program 5 Specialized ELD) for Grades 4–8.
- Accept the IQC’s four recommendations to not adopt:
a)Amplify Education’s Program Type 1 for Kindergarten and Grades 1–5 because the materials do not meet all the criteria in Category 1, as specified in the 2014 ELA/ELD Adoption Criteria for Evaluating Instructional Materials for Kindergarten Through Grade Eight (Criteria).
b)Amplify Education’s Program Type 2 for Kindergarten and Grades 1–5 because the materials do not meet all the criteria in Category 1, as specified in the Criteria.
c)The College Board’s Grade 6 materials from their Program Type 1 submission for Grades 6–8 because the materials do not meet Category1, Criteria 22b and 22d.
d)The College Board’s Grade 6 materials from their Program Type 2 submission for Grades 6–8 because the materials do not meet Category1, Criteria 22b and 22d of the Criteria.
Direct CDE staff, in conjunction with members of the IQC and/or Content Review Experts (CREs), as needed, to work with publishers to ensure that the edits, corrections, other publisher errata, and administrative updates adopted by the SBE have been made to their revised instructional materials.
ACTION: Member Straus moved to approve the CDE staff recommendations based on the IQC’s recommendations.
Member Molina seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 11 votes.
END OF PUBLIC HEARING
Item 12
Subject: English Language Proficiency Assessments for California: Approve the Test Blueprints for the English Language Proficiency Assessments for California.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve the proposed task types (Attachment 1) and the proposed test blueprints (Attachment 2) for the English Language Proficiency Assessments for California (ELPAC). Approval of the proposed task types and test blueprints for the ELPAC initial assessment (IA) and summative assessment (SA) is necessary to comply with California EC Section 60810(a)(2) and to initiate the development and administration of the ELPAC by EducationalTesting Services (ETS). Attachment 1 defines the proposed ELPAC task types and identifies the alignment with specific 2012 English Language Development (ELD) Standards that will be assessed on the IA and SA as identified on the proposed test blueprints (Attachment 2).
ACTION: Member Molina moved to approve the CDE staff recommendations and the proposed task types in Attachment 1 and the proposed test blueprints in Attachment 2.
Member Strausseconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 11 votes.
Item 09
Subject: Update of the Science Framework for California Public Schools: Progress of Development and Revised Timeline.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve the revised timeline for the completion of the Science Framework in Attachment 1.
ACTION: Member Williams moved to approve the CDE staff recommendation.
Member Straus seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 11 votes.
Item 10
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
CDE Recommendation: The SBE staff recommends that the SBE:
- Approve the Preliminary Report of Actions/Minutes for the September 2-3, 2015 meeting. (Attachment 1)
- Consider the SBE Screening recommendations for appointments to the Instructional Quality Commission (IQC), the Advisory Commission on Special Education (ACSE), and the Advisory Commission on Charter Schools (ACCS). (Attachment2)
ACTION 1: Member Rucker moved to approve the Preliminary Report of Actions/Minutes for the September 2-3, 2015 meeting.
Member Molina seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 11 votes.
ACTION 2: Member Burr moved to approve the SBE Screening Committee’s recommendations for appointments to the IQC, ACSE, and ACCS.
Member Sun seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 11 votes.
***ADJOURNMENT OF DAY’S SESSION***
President Kirst adjourned the meeting at approximately 5:00 p.m.
CALIFORNIA STATE BOARD OF EDUCATION
Public Session
November 5, 2015
President Kirst called the meeting to order at approximately 8:30 a.m.
Call to Order
Salute to the Flag
Communications
Announcements
Closed Session
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
MEMBERS PRESENT:
Michael W. Kirst, President
Ilene W. Straus, Vice President
Sue Burr
Bruce Holaday
Feliza I. Ortiz-Licon
Patricia A. Rucker
Niki Sandoval
Ting L. Sun
Trish Williams
Michael S. McFarland, Student Member
Tom Torlakson, SSPI
MEMBER ABSENT
Aida Molina
CLOSED SESSION
President Kirst announced that the State Board of Education discussed and/or took action on the following cases:
- Cruz v. State of California
- California Schools Boards Association v. SBE (Aspire litigation)
AGENDA ITEMS
Item 11
Subject: Developing a New Accountability System: Draft Framework and Implementation Plan for the New Accountability System; Coordination and Alignment of Existing State Reports and Plans with the Local Control Funding Formula; Review of County Offices of Education Local Control and Accountability Plans; Local Control and Accountability Plan Electronic Template (eTemplate) Demonstration; Update on the Local Control Funding Formula Evaluation Rubrics as Specified in California Education Code Section 52064.5.
Type of Action: Action, Information
CDE Recommendation: The staff recommends that the SBE take action as deemed necessary and appropriate but recommends no specific action at this time.
ACTION: No Action Taken.
***WAIVERS ON CONSENT***
W-1, W-2, and W-5 through W-13
FEDERAL PROGRAM WAIVER (Carl D. Perkins Vocational and Technical Education Improvement Act)
Item W-01
Subject: Request by two school 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: Julian Union High School District Fed-20-2015
San Lorenzo Valley Unified School District Fed-19-2015
CDE Recommendation: Approval
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Item W-02
Subject: Request by two local educational agencies for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for Deaf and Hard of Hearing students meet minimum qualifications as of July 1, 2009, to allow two interpreters to continue to provide services to students until June 30, 2016, under a remediation plan to complete those minimum requirements.
Waiver Numbers: Hemet Unified School District 13-7-2015
Sutter County Office of Education 8-7-2015
CDE Recommendation: Approval with Conditions
COMMUNITY DAY SCHOOLS (CDS) (Collocate Facilities)
Item W-05
Subject: Request by four school districts to waive California Education Code
Section 48916.1(d) and portions of California Education Code Section 48660, relating to the allowable grade spans for community day schools. Two requests are from districts to waive portions of California Education Code Section 48661(a), relating to the collocation of a community day school with other types of schools. The fourth request is from a district to waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.
Waiver Numbers: Chawanakee Unified School District 2-8-2015
Enterprise Elementary School District 13-8-2015
Mendota Unified School District 4-8-2015
Vallejo City Unified School District 10-8-2015
CDE Recommendation: Approval with Conditions
EQUITY LENGTH OF TIME (Equity Length of Time)
Item W-06
Subject: Request by two school districts to waive California Education Code
Section 37202, the equity length of time requirement for transitional kindergarten and kindergarten programs at the districts’ elementary schools.
Waiver Numbers: Dixie Elementary School District 7-7-2015
Lakeport Unified School District 10-7-2015
CDE Recommendation:Approval with Conditions
OTHER WAIVERS (Dental Screening)
Item W-07
Subject: Request by San Francisco Unified School District for a renewal to waive California Education Code Section 51520(b), which prohibits free dental screening providers from self-referring for additional dental services.
Waiver Number: 3-8-2015
CDE Recommendation:Approval with Conditions
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness)
Item W-08
Subject: Request by San Carlos Elementary School District to waive California Education Code Section 15268, to allow the district to exceed its bonded limit of
1.25 percent of the taxable assessed value of property. (Requesting 1.65 percent)
Waiver Number: 8-8-2015
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (60-day Requirement to Fill Board Vacancy)
Item W-09
Subject: Request by Igo, Ono, Platina Union 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: 9-8-2015
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)
Item W-10
Subject: Request by two local educational agencies to waive portions of California Education Code Section 35710 and all of Section 35710.51, regarding the elimination of the election requirement for reorganization.
Waiver Numbers: Upper Lake Union Elementary School District 16-8-2015