Final Minutes
November 6-7, 2013
State Board Members Present
Michael W. Kirst, President
Ilene W. Straus, Vice President
Susan Burr
Carl Cohn
Bruce Holaday
Aida Molina
Patricia A. Rucker
Niki Sandoval
Trish Williams
Jesse Zhang, Student Member
State Board Members Absent
None
Secretary & Executive Officer
Hon. Tom Torlakson
Principal Staff
Karen Stapf Walters, Executive Director, State Board of Education (SBE)
Judy Cias, Chief Counsel, SBE
Patricia de Cos, Deputy Executive Director, SBE
Carolyn Pfister, Education Programs Consultant, SBE
Beth Rice, Education Programs Consultant, SBE
Nancy Brownell, Senior Fellow, SBE and California Department of Education (CDE)
Amy Bubbico, Associate Governmental Program Analyst, SBE
Richard Zeiger, Chief Deputy Superintendent, CDE
Amy Cameron, Education Policy Administrator I, CDE
Lupita Cortez-Alcala, Deputy Superintendent, CDE
Deborah V. Sigman, Deputy Superintendent, CDE
Amy Bisson-Holloway, General Counsel, CDE
Edmundo Aguilar, Assistant General Counsel, CDE
Please note that the complete proceedings of the November 6-7, 2013, State Board of Education meeting, including closed-captioning, are available online at: .
Public Session
November 6, 2013
President Kirst called the meeting to order at approximately 8:00 a.m.
Salute to the flag
Report of the State Superintendent of Public Instruction
AGENDA ITEMS
Item 3
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
CDE Recommendation: The CDE recommends that the SBE take action as deemed necessary and appropriate but recommends no specific action at this time.
ACTION:No Action Taken.
Item 1
Subject: 2014-2015 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor.
Type of Action: Action, Information
SBE Recommendations:The SBE Screening Committee recommends that the State Board of Education approve the three finalists for the position of 2014-15 SBE Student member, as identified in the Item Addendum. The approved finalists will be forwarded to the Governor for his consideration. The Governor will appoint one of the three finalists who will then serve as the 2014-15 SBE Student Member.
ACTION: Member Burrmoved to adopt the CDE staff recommendation.
Member Holaday seconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Item 2
Subject:Reports from the 2013 Student Advisory Board on Education (SABE).
Type of Action: Information
SBE Recommendation: Listen to student proposals from the 2013 SABE Conference.
ACTION:No Action Taken.
Item 4
Subject:Presentation by Sue Stickel, Deputy Superintendent, Sacramento County Office of Education, and Judy Flores, Assistant Superintendent, Shasta County Office of Education, representing the California County Superintendents Educational Services Association on Common Core Implementation Survey Results and Development of the Leadership Planning Guide.
Type of Action: Information
SBE Staff Recommendation: The SBE staff recommends that the SBE take action as deemed necessary and appropriate but recommends no specific action at this time.
ACTION:No Action Taken.
***PUBLIC HEARING***
Item 5
Subject: Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve, 2013 Revision: Public Hearing and Adoption.
Type of Action: Action, Information, Hearing
CDE Recommendation: The CDE and the Instructional Quality Commission (IQC) recommend that the SBE hold a public hearing and adopt the draft Mathematics Framework. The draft Mathematics Framework is available on the CDE Draft Mathematics Framework Chapters Web page at
President Kirst opened the public hearing at 10:55 a.m.
President Kirst closed the public hearing at 11:01 a.m.
ACTION: Member Strausmoved to adopt the California Math Framework and to direct CDE staff to work with Mr. Honig of the IQC to incorporate comments that were submitted before finalizing.
Member Burrseconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
*** END OF PUBLIC HEARING ***
Item 6
Subject: Adoption of recommended Next Generation Science Standards for California Public Schools, Kindergarten through Grade Twelve learning progressions for middle grades 6–8 as required by Education Code 60605.85.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends the SBE adopt the Next Generation Science Standards for California Public Schools, Kindergarten through Grade Twelve (CA NGSS) proposed learning progression for middle grades 6–8 as required by EC Section 60605.85. The proposed learning progressions for middle grades 6–8 were developed and recommended by California’s Science Expert Panel (SEP) and are available on the CDE Website at
ACTION: Member Rucker moved to adopt the CDE staff recommendation that the SBE adopt the proposed integrated model as the preferred model for middle grades (6, 7, and 8) science instruction, and requestedthat the CDE reconvene the Science Expert Panel to develop as an alternative model a discipline specific model based upon the domain specific model outlined by Achieve in the NGSS Appendix K.
Member Williams seconded the motion.
Yes votes: Members Cohn, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker
No votes: None
Member Absent: None
Abstentions: Student Member Zhang
Recusals: None
The motion passedwith 9votes.
Item 7
Subject:California English Language Development Test: Update on Transitioning to the English Language Proficiency Assessments for California.
Type of Action: Information
CDE Recommendation: The CDE recommends no specific action at this time.
ACTION:No Action Taken.
Item 8
Subject: Update on Statewide Assessment Transition to the Measurement of Academic Performance and Progress including, but not limited to, Smarter Balanced Assessment Resources and Development Activities, Accountability, and Technology.
Type of Action: Action, Information
CDE Recommendation: This is the fifth update to the SBE since the release of the SSPI’s report to the Legislature, Recommendations for Transitioning California to aFuture Assessment System. At this time, no specific action is recommended.
ACTION:No Action Taken.
Item 9
Subject: Amendment to the Educational Testing Service (ETS) contract to implement the California Measurement of Academic Performance and Progress.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve an amendment to the STAR Program contract with ETS and direct the CDE and SBE staff to work with ETS in the modification of the scope of work, timeline, and budget for the 2014 test administration.
ACTION: Member Burrmoved to adopt the CDE staff recommendation.
Member Straus seconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passedwith 10votes.
Item 10
Subject: Approval of the Incorporation of Graduation Data in the Academic Performance Index and an Update on the California Department of Education’s Work Plan and Process for Revising the Academic Performance Index Consistent with Education Code Sections 52052 through 52052.9.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve the Public Schools Accountability Act (PSAA) Advisory Committee’s recommended methodology for incorporating graduation data in the API. The methodology is outlined below:
- Incorporate graduation data in the same way that assessment results are now included in the API which is at the student level. Students in the four-year graduation cohort will be assigned various API points pending their identification within the following four graduation statuses:
- Four-Year Graduation with Diploma: 1000 points
- Special Education Certificate Recipient: 1000 points
- High School Equivalency Test: 800 points
- Non-Graduate: 200 points
The proposed assignment of 1000 API points for students who earn a Special Education certificate is supported by the Advisory Commission on Special Education (ACSE), which is reflected in a formal recommendation made at their August 2013 meeting.
The recommended methodology also includes a bonus point structure at the schoolwide level which provides additional points to four-year graduates who are identified for specific programs. Four-year graduates who are identified in more than one program may earn bonus points more than once. Each identified program is worth 50 bonus points each which allows a maximum of 150 bonus points to be earned by a graduate. The identified programs are:
- English learner (EL): 50 points
- Student with disabilities (SWD): 50 points
- Socioeconomically disadvantaged (SED): 50 points
In January, the CDE will provide the SBE with timeline options for implementing the incorporation of the graduation data in the API.
ACTION:No Action Taken. President Kirst deferred this item to a future SBE meeting.
Item 11
Subject: Elementary and Secondary Education Act: Establish the Appropriate Sanction to Assign to Each of the Local Educational Agencies in Cohort 7 of Program Improvement Year 3.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE consider assigning the sanction delineated in California EC Section 52055.57(c)(7), instead of the sanction described in California EC Section 52055.57(c)(6), the sanction initially imposed for the 328 LEAs that have advanced to PI Year 3 Corrective Action since 2007–08. See Attachment 1 for the relevant EC and list of sanction options.
The CDE recommends that in the absence of the reauthorization of the ESEA, and in light of recent California academic, programmatic and state policy changes, the SBE should consider establishing the following sanction:
- The PI Year 3 sanction will be defined in 2013–14 as requiring an LEA assigned to corrective action to continue to reserve an amount equal to10 percent of its Title I allocation to provide professional development for teachers to strengthen the academic achievement of the LEA’s students determined to be in greatest need of assistance. This 10 percent reservation is a continuation of the mandated reservations for all LEAs identified for improvement in PI Years 1 and 2. As defined in the 2012 General Assurances for Program Improvement Local Educational Agencies Corrective Action Resources, professional development includes, but is not limited to, professional development focused on standards-based/standards-aligned instruction and materials, implementation of CCSS, and use of effective instructional strategies.
In January 2014, the CDE will provide a specific recommendation to assign corrective action for any LEAs identified for PI Corrective Action, authorizing technical assistance as required by ESEA Section 1116(c)(10)(B) and providing funds for any Cohort 7 PI Year 3 LEA in corrective action with PI schools.
ACTION: Member Cohnmoved to adopt the CDE staff recommendation.
Member Molina seconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Item 12
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 Preliminary Report of Actions / Minutes for the September 4, 2013 meeting. (Attachment 1)
ACTION: Member Holadaymoved to adopt the Preliminary Report of Actions / Minutes for the September 4, 2013 SBE Meeting.
Member Straus seconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
*** ADJOURNMENT OF DAY’S MEETING ***
The meeting adjourned at approximately 4:47 p.m.
Public Session
November 7, 2013
President Kirst called the meeting to order at approximately 8:00 a.m.
Call to Order
Salute to the Flag
MEMBERS PRESENT:
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 Zhang, Student Member
Tom Torlakson, SSPI
MEMBERS ABSENT
None
Item 13
Subject: Local Control Funding Formula: Discussion of Proposed Changes to California’s Local Educational Agency and School Planning and Accountability System.
Type of Action: Action, Information
CDE Recommendation: No specific action is recommended at this time.
ACTION:No Action Taken.
CLOSED SESSION
Adjournment to Closed Session at approximately: 2:25 p.m.
Closed Session
Resumed Public session at approximately: 2:56 p.m.
______
Report OUt of CLosed Session
President Kirst announced that the Board discussed and/or took action on the following case as noticed on the SBE’s agenda: theEmma C litigation, Perris Union High School District v. State and related audit appeals cases, and Shabazz v. Brown/SBE/CDE/SPI.
Item 14
Subject: Revisions to the Criteria and Standards for Fiscal Stability to Conform to Requirements of the Local Control Funding Formula.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE adopt the revisions to the criteria and standards shown in Attachment 1. After the revisions are adopted, the criteria and standards will appear as shown in Attachments 2 through 5. The revisions will be incorporated into Title 5of the California Code of Regulations as shown in Attachment 6.
ACTION: Member Burrmoved to adopt the CDE staff recommendation.
Member Holadayseconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Burr, Holaday, and Rucker
No votes: None
Member Absent: Member Straus
Abstentions: None
Recusals: None
The motion passedwith 9 votes.
Item 15
Subject: State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 Covering Program Year 2012−13.
Type of Action: Action, Information
CDE Recommendation: The CDE SED recommends that the SBE review and approve the executive summary of the FFY 2012 APR for Part B of the IDEA covering program year 2012–2013.
ACTION: Member Cohnmoved to adopt the CDE staff recommendation.
Member Ruckerseconded the motion.
Yes votes: Members Cohn, Molina, Sandoval, Williams, Kirst, Burr, Holaday, and Rucker
No votes: None
Members Absent: Member Strausand Student Member Zhang
Abstentions: None
Recusals: None
The motion passedwith 8votes.
Item 16
Subject: Update of Special Education Regulations—Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 3001-3088.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE take the following actions:
- Approve the proposed changes to the proposed regulations;
- Direct that the proposed changes be circulated for a 15-day public comment period in accordance with the Administrative Procedure Act;
- If no relevant comments to the proposed changes are received during the 15-day public comment period, the proposed regulations with changes are deemed adopted, and the CDE is directed to complete the rulemaking package and submit it to the Office of Administrative Law (OAL) for approval;
- If any relevant comments to the proposed changes are received during the 15-day public comment period, the CDE is directed to place the proposed regulations on the SBE’s January 2014 agenda for action; 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.
ACTION: Member Cohnmoved to adopt the CDE staff recommendation.
Member Rucker seconded the motion.
Yes votes: Members Cohn, Molina, Sandoval, Williams, Kirst, Burr, Holaday, and Rucker
No votes:None
Members Absent: Member Straus and Student Member Zhang
Abstentions: None
Recusals: None
The motion passed with 8votes.
REGULAR CONSENT Items
Item 18through Item 23
Item 18
Subject: Standardized Testing and Reporting Program: Release of 10 Percent Withheld for 2012–13 Educational Testing Service Contract.
Type of Action: Action, Information
CDE Recommendation:The CDE recommends that the SBE release progress payment withholdings (10percent) for all contract component tasks for all tests as part of the 2012–13 STAR Program contract with ETS, pending completion of all contract component tasks for the 2013 STAR Program test administration through December 2013.
Item 19
Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.
Type of Action: Action, Information
CDE Recommendation: The California Department of Education (CDE) recommends that the State Board of Education (SBE) assign charter numbers to the charter schools identified on the attached list.
Item 20
Subject: Approval of 2013–14 Consolidated Applications.
Type of Action: Action, Information
CDE Recommendation:The CDE recommends that the SBE approve the 2013–14 ConApps submitted by LEAs in Attachment 1.
Item 21
Subject: 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 four direct-funded charter school LEA Plans, listed in Attachment 1.
Item 22
Subject: Elementary and Secondary Education Act: School Improvement Grant: Request a Waiver Under Title I, Part A Section 9401 to Carry Over 100 Percent of the Fiscal Year 2012 Cohort 2 School Improvement Grant Allocation.
Type of Action: Action, Information
CDE Recommendation: The California Department of Education (CDE) recommends that the State Board of Education (SBE) authorize SBE President Michael W. Kirst, in consultation with State Superintendent of Public Instruction Tom Torlakson, to approve California’s request to the ED for a waiver to allow California and its SIG LEAs to carry over 100 percent of FY 2012 funds until September 30, 2015. The carry-over funds may be used for SIG Cohort 2, Year 3 continuation grants awarded through competition to begin implementation in the 2011–12 SY. The draft letter to Deborah Delisle, Assistant Secretary, is provided as Attachment 1. The letter also includes a request to waive Section 421(b) of the GEPA as it affects the authority of California and its sub-recipients to obligate federal FY 2012 SIG funds until September 30, 2016.