CALIFORNIA STATE BOARD OF EDUCATION
Final Minutes
November 7-8, 2012
Members Present:
Michael W. Kirst, President
Trish Williams, Vice President
Carl Cohn
Bruce Holaday
Aida Molina (absent November 8)
James Ramos (absent November 7)
Patricia A. Rucker
Ilene W. Straus
Josephine Kao
Secretary and Executive Officer
Tom Torlakson, State Superintendent of Public Instruction
Principal Staff
Sue Burr, Executive Director, State Board of Education (SBE)
Patricia de Cos, Deputy Executive Director, SBE
Judy Cias, Chief Counsel, SBE
Jill Rice, Assistant Legal Counsel, SBE
Bonnie Klatt, Education Programs Consultant, SBE
Beth Rice, Education Programs Consultant, SBE
Nancy Brownell, Senior Fellow, SBE and CDE
Richard Zeiger, Chief Deputy Superintendent, CDE
Deb Sigman, Deputy Superintendent, CDE
Amy Holloway, General Counsel, CDE
Mary Prather, Education Administrator I, CDE
Christine Gordon, Education Programs Consultant, CDE
Please note that the complete proceedings of the November 7 and 8, 2012, State Board of Education meeting, including closed-captioning, are available online at: .
Public Session
November 7, 2012
President Kirst called the meeting to order at approximately 8:30 a.m.
Salute to the flag
CLOSED SESSION
Public Session Reconvened at 8:57a.m.
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REPORT OF THE STATE SUPERINTENDENT
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AGENDA ITEMS
Item 1
Subject: 2013-2014 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor.
SBE Screening Committee Recommendation: The SBE Screening Committee recommends that the SBE approve the three finalists for the position of 2013-2014 SBE Student member, as identified in the Item Addendum.
ACTION: Membermoved to approve Screening Committee recommendation.
Member Kao seconded the motion.
Yes votes: Members Molina, Cohn, Straus, Kirst, Williams, Kao, Holaday, and Rucker.
No votes: None.
Members Absent: Member Ramos.
Abstentions: None.
The motion passed with 8 votes.
Item 2
Subject: Reports from the 2012 Student Advisory Board on Education (SABE).
CDE Recommendation: The CDE recommends that the SBElisten to student proposals from the 2012 SABE Conference.
ACTION: No action taken.
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.
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 4
Subject: English Language Development Standards for California Public Schools, Kindergarten through Grade Twelve: Adoption of newly revised English Language Development Standards
CDE Recommendation: The CDE recommends that the SBE adopt the proposed ELD standards for California public schools, kindergarten through grade twelve.
ACTION: Member Straus moved to approve the CDE recommendation.
Member Molinaseconded the motion.
Yes votes: Members Molina, Cohn, Straus, Kirst, Williams, Kao, Holaday, and Rucker.
No votes: None.
Members Absent: Member Ramos.
Abstentions: None.
The motion passed with 8 votes.
Item 5
Subject: English Language Arts/English Language Development Framework for California Public Schools, Kindergarten Through Grade Twelve, 2014 Revision: Approval of Curriculum Framework and Evaluation Criteria Committee Guidelines and Appointment of Members of the Curriculum Framework and Evaluation Criteria Committee.
CDE Recommendation: The California Department of Education (CDE) recommends that the SBE: (1) approve the Curriculum Framework and Evaluation Criteria Committee Guidelines for the 2014 Revision of the English Language Arts/English Language Development Framework for California Public Schools, Kindergarten Through Grade Twelve (ELA/ELD Guidelines), as recommended by the IQC,and (2) appoint 20 members to the ELA/ELD CFCC, including Martha Hernandez and Rebecca (Becky) Sullivan as Co-Chairs of the ELA/ELD CFCC, as recommended by the IQC.
ACTION: Member Straus moved to approve the CDE recommendations.
Member Kaoseconded the motion.
Yes votes: Members Molina, Cohn, Straus, Kirst, Williams, Kao, Holaday, and Rucker.
No votes: None.
Members Absent: Member Ramos.
Abstentions: None.
The motion passed with 8 votes.
LUNCH BREAK
Item 6
Subject: Supplemental Instructional Materials Review Aligned to the Common Core State Standards: Approval of Supplemental Instructional Materials.
CDE Recommendation: The California Department of Education recommends that the SBE approve the recommended supplemental instructional materials programs.
ACTION: Member Straus moved to approve the CDE recommendations.
Member Cohnseconded the motion.
Yes votes: Members Molina, Cohn, Straus, Kirst, Williams, Kao, Holaday, and Rucker.
No votes: None.
Members Absent: Member Ramos.
Abstentions: None.
The motion passed with 8 votes.
Item 7
Subject:California Comprehensive Center at WestEd: Overview of Proposed Activities.
CDE Recommendation: Listen to a presentation of CA CC’s proposed activities by the Center’s Directors, Jannelle Kubinec and Fred Tempes.
ACTION: No action taken.
Item 8
Subject:Update on Smarter Balanced Assessment Consortium Activities.
CDE Recommendation:This is an information item only and the CDE recommends no specific action at this time.
ACTION: No action taken.
Item 9
Subject: State Performance Plan (SPP) and Annual Performance Report (APR) for Part B of the Individuals with Disabilities Education Act (IDEA) of 2004 Covering Program Year 2011−12.
CDE Recommendation: The CDE Special Education Division recommends that the SBE review the SPP and executive summary of the FFY 2011 APR for Part B of the IDEA covering program year 2011–2012.
ACTION: No action taken.
*** ADJOURNMENT OF DAY’S SESSION ***
The meeting was adjourned at 4:02 p.m.
Public Session
November 8, 2012
Thursday, November 8, 2012 – 8:30 a.m. Pacific Time +
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
Call to Order by President Mike Kirst at 8:30 a.m.
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 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. 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.
SBE Staff Recommendations: The SBE staff recommends that the SBE:
- Approve the Preliminary Report of Actions/Minutes for the September 13, 2012 SBE meeting. (Attachment 1)
- Approve the SBE Screening Committee’s recommendations for appointing two members to the Advisory Commission on Charter Schools as specified in Attachment 2.
ACTION: Member Cohn moved to approve the Preliminary Report of Actions/Minutes for the September 13, 2012 SBE meeting (Attachment 1).
Member Holaday seconded the motion.
Yes votes: Members Cohn, Straus, Kirst, Williams, Kao, Holaday, and Rucker.
No votes: None.
Members Absent: Members Molina and Ramos.
Abstentions: None.
The motion passed with 7 votes.
ACTION: Member Straus moved to approve of the SBE Screening Committee’s recommendationof the five candidates for appointment to the Advisory Commission on Charter Schools as set forth in the Item Addendum.
Member Williams seconded the motion.
Yes votes: Members Cohn, Straus, Kirst, Williams, Kao, Holaday, and Rucker.
No votes: None.
Members Absent: Members Molina and Ramos.
Abstentions: None.
The motion passed with 7 votes.
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Item 11
Subject: Discussion Regarding Priorities for California's Future Assessment System.
CDE Recommendation: The CDE recommends that the SBE engage in discussions about priorities for California’s future assessment system and the resulting decisions that will need to be recommended regarding the content areas to assess, the type of assessment tools to be used and the overall scope of California’s assessment system.
Action: No action taken.
Item 12
Subject: State Board of Education-Authorized Charter Schools: Charter Schools Division 2011-12 Annual Report.
CDE Recommendation: CDE staff reviewed and analyzed the data from the 2011-12 school year for each of the SBE-authorized charter schools. Using pupil academic achievement as the most important factor, the CDE identified several schools that did not meet their Academic Performance Index growth targets, had an API score below 800, and did not meet Adequate Yearly Progress (AYP) (refer to Table 1). Therefore, the CDE will send letters of concern to Aspire APEX Preparatory Academy, High Tech High North County, Lifeline Education Charter School (LECS), Long Valley Charter School (LVCS), the School of Arts and Enterprise, and San Francisco Flex Academy on November 1, 2012. Each of these schools is also required to prepare and submit a Student Achievement Plan (SAP), per the Memorandum of Understanding (MOU).
LECS and LVCS had submitted a SAP in the prior schools year for the same concerns, with little to no improvement in their academic achievement. Therefore, the CDE recommends that LECS and LVCS submit their SAP to the CDE by November 13, 2012 for SBE review and approval at the January SBE meeting.
Action: Member Williams moved to ask CDE to review and analyze the Student Achievement Plans that will be submitted by Long Valley and Lifeline, as well as other indicators of each school's academic progress including what is in the school’s charter petition, and have CDE report back to the State Board on these two schools in January 2013 as to what support, technical assistance, interventions, or future SBE actions might be recommended. (Trish further clarified that other indicators would not include new indicators.)
Member Cohn seconded the motion.
Yes votes: Members Ramos, Cohn, Straus, Kirst, Williams, Kao, Holaday, and Rucker.
No votes: None
Members Absent: Member Molina.
Abstentions: None.
The motion passed with 8 votes.
Action:Member Williams moved to have the CDE work with the SBE liaison, the SBE staff, and the ACCS chair to prepare an item for the ACCS discussion in the first half of 2013 that will result in recommendations to the SBE. Those recommendations should include suggestions on meaningful subgroup academic measures that might be considered by the SBE on those charters as well as some considerations for the process itself as the State Board exercises its oversight responsibility of state authorized charters that are not showing academic progress that need corrective action? for all subgroups asrequiredby SB 1290.
Member Cohn seconded the motion.
Yes votes: Members Ramos, Cohn, Straus, Kirst, Williams, Kao, Holaday, and Rucker.
No votes: None.
Members Absent: Member Molina.
Abstentions: None.
The motion passed with 8 votes.
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*** PUBLIC HEARING ***
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Item 13
Subject: Petition for Renewal of a Charter School Under the Oversight of the State Board of Education: Hold a Public Hearing to Consider Rosie the Riveter Charter High School, which was denied by the Long Beach Unified School District and denied consideration of appeal by the Los Angeles County Office of Education.
Public Hearing Commenced at 11:19 a.m.
CDE Recommendation: The CDE recommends that the SBE hold a public hearing to deny the RRCHS renewal petition based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(2), and 47605(b)(5) as well as California Code of Regulations, Title 5 (5 CCR) Section 11967.5 that the petitioners are unlikely to successfully implement the program set forth in the petition.
If the SBE approves the RRCHS renewal petition, the CDE recommends that the SBE incorporate the SBE’s Conditions on Opening and Operation as set forth in
Attachment 5 of Agenda item 2 on the ACCS October 10, 2012, Meeting Notice for ACCS Web page located at [Note: Invalid link removed.].
Advisory Commission on Charter Schools Recommendation: The Advisory Commission on Charter Schools (ACCS) considered the RRCHS petition at its October 10, 2012 meeting. The ACCS voted unanimously to accept the CDE recommendation to deny the petition to establish RRCHS charter school under the oversight of the SBE.
Public Hearing Closed at 11:20 a.m.
Action: Member Williams moved to approve the CDE recommendations.
Member Cohn seconded the motion.
Yes votes: Members Ramos, Cohn, Straus, Kirst, Williams, Kao, Holaday, and Rucker.
No votes: None.
Members Absent: Member Molina.
Abstentions: None.
The motion passed with 8 votes.
Item 14
Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs; Approval of a Revised Definition of Corrective Action6.
CDE Recommendation: The CDE recommends that the SBE approve a revised definition of Corrective Action 6 to reflect the SBE’s adoption of Common Core State Standards (CCSS) as well as recent legislation regarding the purchase and use of instructional materials. If adopted, this definition will supersede any previously approved definitions.
Action: Member Holaday moved to approve the CDE recommendations.
Member Straus seconded the motion.
Yes votes: Members Ramos, Cohn, Straus, Kirst, Williams, Kao, Holaday, and Rucker.
No votes: None.
Members Absent: Member Molina.
Abstentions: None.
The motion passed with 8 votes.
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Item 15
Subject: Elementary and Secondary Education Act: Assignment of Corrective Action and Associated Technical Assistance for Each of the Local Educational Agencies in Cohort 6 of Program Improvement Year 3 and Submission of Annual Evidence of Progress for Local Educational Agencies in Cohorts 1–6 of Program Improvement Year 3.
CDE Recommendation: The CDE recommends that the SBE:
- Assign Corrective Action 6 and technical assistance resources to each of the 56 LEAs in Cohort 6 of PI Year 3 as indicated in Attachments 2 and 3, consistent with federal requirements to provide technical assistance to support implementation of any corrective action, and direct those LEAs to proceed with the steps outlined in California EC sections 52055.57 and 52059, available at [Note: Invalid link removed.] and [Note: Invalid link removed.], respectively.
- Require each LEA in Cohorts 1–6 of PI Year 3 to demonstrate progress of LEA Plan implementation and monitoring through annual electronic submission of local evidence to the CDE. (See Attachment 2.)
Action: Member Cohn moved to approve the CDE recommendations.
Member Rucker seconded the motion.
Yes votes: Members Ramos, Cohn, Straus, Kirst, Williams, Kao, Holaday, and Rucker.
No votes: None.
Members Absent: Member Molina.
Abstentions: None.
The motion passed with 8 votes.
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ITEMS ON CONSENT
(Items 17 - 23)
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Item 17
Subject: Standardized Testing and Reporting Program: Release of
10 Percent Withheld for 2011–12 Educational Testing Service Contract.
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 2011–12 STAR Program contract with ETS, pending completion of all contract component tasks for the 2012 STAR Program test administration through December 2012.
Item 18
Subject: The Administrator Training Program, formerly Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of Applications for Funding from Local Educational Agencies.
CDE Recommendation: The CDE recommends that the State Board of Education (SBE) approve funding for all LEAs that have applied for funding under the ATP. These LEAs are listed in Attachment 1.
Item 19
Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional Local Educational Agencies Identified for Improvement as Providers to the 2012–14 State Board of Education-Approved Supplemental Educational Services Provider List Based on Appeal and Based on a Waiver Request Under Title I, Part A Section 9401 of the Elementary and Secondary Education Act.
CDE Recommendation: The CDE recommends the SBE approve local educational agencies (LEAs) identified for improvement or corrective action as SES providers based on appeal for a two-year period beginning July 1, 2012, through June 30, 2014. The summary list of LEAs recommended for approval is provided as Attachment 2.
Item 20
Subject: Approval of 2012–13 Consolidated Applications.
CDE Recommendation: The CDE recommends that the SBE approve the 2012–13 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.
CDE Recommendation: The CDE recommends that the SBE approve five direct-funded charter schools LEA Plans, listed in Attachment 1.
Item 22
Subject: Consideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2.
CDE Recommendation: Pursuant to California Code of Regulations,Title 5 (5 CCR) sections 11963.3, 11963.4, and 11963.6, the California Department of Education (CDE) recommends that the SBE approve a determination of funding, identified in Attachment1, for charter schools that offer nonclassroom-based instruction.
Advisory Commission on Charter Schools Recommendation: The ACCS met on October 10, 2012, and voted to recommend approval of the determination of funding request for the charter schools identified in Attachment 1. The motion passed by a vote of seven to one except for Eleanor Roosevelt Community Learning Center (#0395), MET Sacramento Charter High School (#0586) and Harvest Ridge Cooperative Charter School (#1179).
The ACCS recommended approval of the determination of funding request for Eleanor Roosevelt Community Learning Center (#0395) and MET Sacramento Charter High School (#0586) by a vote of six to zero with one abstention. The ACCS also recommended approval of the determination of funding request for Harvest Ridge Cooperative Charter School (#1179) by a vote of six to one.
Item 23
Subject: Assignment of Numbers for Charter School Petitions.
CDE Recommendation: The CDE recommends that the State Board of Education (SBE) assign charter numbers to the charter schools identified on the attached list.