FINAL MINUTES
State Board of Education
September 7-8, 2011
FINAL MINUTES
State Board of Education
September 7-8, 2011
Please note that the complete proceedings of the September 7-8, 2011, State Board of Education meeting, including closed-captioning, are available online at: http://www.cde.ca.gov/be/ag/ag/sbewebcastarchive.asp.
Members Present:
Michael W. Kirst, President
Trish Williams, Vice President
Jim Aschwanden
Yvonne Chan
Carl Cohn
Aida Molina
James Ramos
Patricia Rucker
Ilene Straus
Caitlin Snell, Student Member
Members Absent:
None.
Secretary and Executive Officer
Tom Torlakson, State Superintendent of Public Instruction
Principal Staff
Sue Burr, Executive Director, SBE
Patricia de Cos, Deputy Executive Director, SBE
Judy Cias, Chief Counsel, SBE
Camille Esch, Principal Education Policy Consultant, SBE
Beth Rice, Education Programs Consultant, SBE
Richard Zeiger, Chief Deputy Superintendent, CDE
Deb Sigman, Deputy Superintendent, CDE
Amy Holloway, General Counsel, CDE
Mary Prather, Education Administrator I, CDE
Public Session
September 7, 2011
CLOSED SESSION
There was no Closed Session.
Item 1
Subject: Parent Empowerment — Adopt Proposed Changes to the California Code of Regulations, Title5, Sections 4800–4808.
ACTION: Member Chan moved to take CDE’s recommendation to:
· Approve the Final Statement of Reasons;
· Formally adopt the proposed regulations approved by the SBE at the July 2011 meeting;
· Direct the California Department of Education (CDE) to complete the rulemaking package and submit it 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.
Member Straus seconded the motion.
Yes votes: Members Snell, Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, and Rucker.
No votes: None.
Item 2
Subject: Update on the Activities of the California Department of Education and State Board of Education Regarding Implementation of the Common Core State Standards and the Developments of the New Assessment System.
NO ACTION TAKEN.
Item 3
Subject: California College, Career, and Technical Education Center: Consider Issuing a Notice of Intent to Revoke Pursuant to Education Code Section 47607(e).
NO ACTION TAKEN.
The public hearing planned for this item was cancelled because the CCCTEC governing board took action to voluntarily close the school and surrender the charter.
State Board President Kirst made the following statement:
On September 2, 2011, the Board of Directors of the California College, Career, and Technical Education Center took action to voluntarily relinquish the charter granted by the SBE and close the school, effective immediately. The board transferred all student records to the Yolo County Office of Education in order to help facilitate the enrollment of students in another appropriate school. Mr. Preston also agreed to notify the parents of students of the school’s closure.
When this issue was discussed at the July SBE meeting and ACCS meeting, members expressed concern that CCCTEC staff had not been paid. By resolution, the CCCTEC board agreed to not dispose of or liquidate any financial assets and to provide an accounting of money owed to staff as well as to the State and other creditors. The board also directed Mr. Preston to dissolve the CCCTEC corporation, repay liabilities to the extent possible, and authorized Mr. Preston to file for bankruptcy for the CCCTEC nonprofit corporation and the charter school so that creditors can be repaid.
Pursuant to the terms of the charter and the MOU, Mr. Preston will work with CDE staff to implement the closure procedures.
As a result of the CCCTEC board’s action to voluntarily close the school and relinquish the charter, the SBE does not need to take action to revoke the charter. Therefore, Items #3 and #16 are withdrawn from the agenda.
I’d like to thank the CDE staff for all of their hard work on this issue. I know this has been difficult for everyone involved.”
Following President Kirst’s statement, the Board heard comments from the school’s administrator and CDE staff. Please visit the website link given above to view the complete proceedings.
Item 4
Subject: Elementary and Secondary Education Act: Approval of Local Educational Agency Plans, Title I, Section 1112 and Local Educational Agency Plan Overview.
ACTION: Member Aschwanden moved to take CDE’s recommendation to approve the Local Educational Agency (LEA) Plans listed in Attachment 1 to this item.
Member Cohn seconded the motion.
Yes votes: Members Snell, Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, and Rucker.
No votes: None.
Item 5
Subject: Elementary and Secondary Education Act Update: School Improvement Grant: Status of Renewal of Funding for Year 2 of Cohort 1 Fiscal Year 2009 Local Educational Agencies and Schools for the Sub-Grants Under Section 1003(g), and other Elementary and Secondary Education Act Updates as Appropriate.
ACTION: Member Cohn moved to adopt CDE’s recommendation to authorize SBE President, Michael Kirst, in conjunction with State Superintendent of Public Instruction, Tom Torlakson, to approve funding for Year 2 of Cohort 1 School Improvement Grant (SIG) contingent on SIG local educational agencies (LEAs) submitting a Corrective Action Plan to address implementation concerns identified during the monitoring and review process.
Member Ramos seconded the motion.
Yes votes: Members Snell, Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, and Rucker.
No votes: None.
ACTION: Member Cohn moved to adopt CDE’s recommendation to approve California’s application for a waiver of the requirement in Section I.A.2(d)(1)(i)(B) of the final requirements for the SIG program, which, if granted, will permit LEAs to take additional time to develop and implement teacher and principal evaluation systems according to criteria that CDE will develop.
Member Chan seconded the motion.
Yes votes: Members Snell, Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.
No votes: None.
Item 6
Subject: Public Charter Schools Grant Program: Update, Including, But Not Limited to, the 2010–15 Grant Award and Revisions to California Code of Regulations, Title 5, Section 11968.5.
ACTION: Member Williams moved to direct CDE to work with SBE staff, the SBE charter liaisons, and charter school stakeholders to gather more information from the U.S. Department of Education, particularly regarding the Public Charter Schools Grant Program (PCSGP) funding formula, and develop a stronger, more detailed case regarding California’s eligibility for PCSGP funds.
Member Chan seconded the motion.
Yes votes: Members Snell, Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, and Rucker.
No votes: None.
ACTION: Member Williams moved to ask CDE to work with SBE staff, the SBE liaisons, and stakeholder groups to 1) investigate statutory or regulatory changes that may be needed, 2) develop a framework or roadmap for meeting Assurances 3A and 3B of the PCSGP application in a way that includes multiple measures of academic achievement, 3) continue a proactive discussion with the U.S. Department of Education related to these issues, and 4) report back to SBE in November 2011.
Member Aschwanden seconded the motion.
Yes votes: Members Snell, Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.
No votes: None.
***PUBLIC HEARING***
Item 7
Subject: New West Charter Middle School: Consideration of Petition to Renew Charter Currently Authorized by the State Board of Education.
ACTION: Member Williams moved to approve the recommendation of CDE and the Advisory Commission on Charter Schools (ACCS) to renew New West Charter Middle School’s charter for a five-year term beginning July 1, 2012, and ending June 30, 2017, with the following provisions:
· The SBE Conditions on Opening and Operation, as set forth in Attachment1 to this item.
· Modifications to the charter in accordance with the CDE report, as set forth in detail in Attachment 2 to this item, and as follows:
o Description of Educational Program, Education Code (EC) Section
47605(b)(5)(A) and 5 CCR 11967.5.1(f)(1)(F): A technical amendment to the NWCMS charter petition to include a description of an educational program that commits to narrowing the achievement gap between socioeconomically disadvantaged and non-socioeconomically disadvantaged pupils.
o Racial and Ethnic Balance, EC Section 47605(b)(5)(G) and California Code of Regulations, Title 5 (5 CCR) Section 11967.5.1(f)(7):A technical amendment to the NWCMS charter petition to require submission of an annual report to the CDE addressing the outreach plan to ensure racial and ethnic balance reflective of Los Angeles Unified School District (Los Angeles USD) District 3 schools. This report should be submitted by October 31 of each year and contain demographic information about pupils who applied, pupils who were selected in the lottery process, and pupils who enrolled in the school. If in any year progress is not made toward achieving racial and ethnic balance, this report should also include specific, measurable goals and activities that the school will implement before the next application period and lottery determination.
o Admission Requirements, EC Section 47605(d)(2): A technical amendment to the NWCMS charter to ensure that the admission requirements comply with applicable federal and state laws, specifically EC Section 47605(d)(2), which requires admission preference be given to returning students and pupils of the local school district as well as pupils who qualified for free and reduced lunch in their prior school. Also a technical amendment to revise the admission packet to include only necessary information for the student to be in the lottery for admission (i.e. name, address, current school, and parent information), with all other information including student test scores, report cards, student work to be gathered once a student is admitted to NWCMS.
o Suspension and Expulsion Procedures, 5 CCR 11967.5.1(f)(10): Technical amendments to the petition to meet the requirements of 5 CCR 11967.5.1(f)(10)(D), ensuring that NWCMS review non-charter school lists of offenses and procedures in preparing their list. Additionally, NWCMS needs to provide an assurance that the policies and procedures surrounding suspension and/or expulsion will be amended periodically in accordance with 5 CCR 11967.5.1(f)(10)(E)(2).
o Public School Attendance Alternatives, EC Section 47605(b)(5)(L): A technical amendment to the NWCMS petition to ensure that the parents of NWCMS students are informed that a pupil has no right to admission in a particular school of any local education agency (LEA) as a consequence of enrollment in NWCMS, except to the extent that such a right is extended by the LEA.
o Public School Attendance Alternatives, EC Section 47605(b)(5)(L): A technical amendment in the NWCMS petition to reflect that the SBE is not an LEA and therefore may choose to resolve a dispute directly instead of pursuing the dispute resolution process proposed in NWCMS’s petition. Additionally, the petition must describe how the costs of the dispute resolution process, if needed, would be funded.
Member Chan seconded the motion.
Yes votes: Members Snell, Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, and Rucker.
No votes: None.
***END OF PUBLIC HEARING***
***PUBLIC HEARING***
Item 8
Subject: New West Charter Middle School: Material Revision Request to Expand From Grades Six Through Eight to Grades Six Through Twelve School and to Change Location of the School.
ACTION: Member Chan moved to approve the recommendation of CDE and the Advisory Commission on Charter Schools (ACCS) to approve the material revision request for New West Charter Middle School (NWCMS) to add grades nine through twelve and change the location of the school effective July 1, 2012.
Member Cohn seconded the motion.
Yes votes: Members Snell, Aschwanden, Ramos, Chan, Cohn, Kirst, Molina, Williams, and Rucker.
No votes: None.
Not present: Member Straus.
***END OF PUBLIC HEARING***
Item 9
Subject: Consideration of Requests for Determination of Funding Rates as Required for Nonclassroom-based Charter Schools for Carter G. Woodson Charter, Gold Rush Charter, Julian Charter, Mojave River Academy and W.E.B. DuBois Charter.
ACTION: Member Straus moved to adopt the recommendation of CDE and the ACCS to approve the funding rates for nonclassroom-based instruction in charter schools as listed in Attachment 2 to the item.
Member Williams seconded the motion.
Yes votes: Members Snell, Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.
No votes: None.
Item 10
Subject: Consideration of Requests From Nonclassroom-based Charter Schools for “Reasonable Basis”/Mitigating Circumstances Changes in Funding Determinations Based on the California Code of Regulations, Title 5, Section 11963.4(e) for California Virtual Academy San Diego, Crossroads Trade Tech Charter, Northwest Prep Piner Olivet, Options for Youth Hermosa Beach, Options for Youth San Bernardino, Options for Youth Victorville, Opportunities for Learning Baldwin Park, Opportunities for Learning Baldwin Park II, Opportunities for Learning Hermosa Beach and Opportunities for Learning Santa Clarita.
ACTION: Member Chan moved to adopt the recommendation of CDE and the ACCS to approve the requests to allow the inclusion of mitigating circumstances in the determination of funding rates required by California Education Code (EC) Sections 47612.5 and 47634.2 and implemented through California Code of Regulations, Title 5 (5 CCR) Section 11963.4(e) as follows:
· California Virtual Academy San Diego (Charter # 0493) – 100% for 4 years
· Crossroads Trade Tech Charter (Charter # 0992) – 100% for 2 years
· Northwest Prep Piner Olivet (Charter # 0526) – 100% for 2 years
Member Straus seconded the motion.
Yes votes: Members Snell, Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, and Rucker.
No votes: None.
ACTION: Member Aschwanden moved to adopt the recommendation of CDE and the ACCS to approve the determination rates contained in Attachment 1 to this item for:
· Options for Youth San Bernardino (Charter # 1132) – 100% for 2 years
· Opportunities for Learning Baldwin Park (Charter # 0402) – 85% for 2 years
· Opportunities for Learning Baldwin Park II (Charter # 0874) – 85% for 2 years
Member Chan seconded the motion.
Yes votes: Members Snell, Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, and Rucker.
No votes: None.
ACTION: Member Chan moved to approve the following determination rates for:
· Options for Youth Hermosa Beach (Charter # 1131) - 70% for 2 years
· Options for Youth Victorville (Charter # 0013) – 70% for 2 years
· Options for Learning Hermosa Beach (Charter # 1130) – 85% for 2 years
· Options for Learning Santa Clarity (Charter # 0214) – 85% for 2 years
Member Cohn seconded the motion.
Yes votes: Members Snell, Chan, Cohn, Kirst, Williams, and Straus.