Final Minutes for July 2015 - SBE Minutes (CA State Board of Education)

California State Board of Education

AGENDA –July 8-9, 2015

State Board 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

Kenton Shimozaki, 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

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, Associate Governmental Program Analyst, SBE

Glen Price, Chief Deputy Superintendent, California Department of Education (CDE)

Michelle Zumot, Chief Deputy Superintendent, CDE

Amy Cameron, 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 July 8-9, 2015, State Board of Education meeting, including closed-captioning, are available online at: .

CALIFORNIA STATE BOARD OF EDUCATION

Public Session

July 8, 2015

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

Call to Order

Salute to the Flag

Communications

Announcements

______

AGENDA ITEMS

Item 01

Subject: Developing a New Accountability System: Update on the Local Control Funding Formula Evaluation Rubrics as specified in California Education Code Section 52064.5; Discussion on SBE Guiding Principles for Accountability System Planning; Review of Other Emerging State Accountability Systems to Inform the Policy Framework and Implementation Plan for California’s Accountability System.

Type of 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.

Item 02

Subject: School Accountability Report Card: Approve the Template for the 2014–15 School Accountability Report Card.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the proposed template for the 2014–15 SARC that will be published during the 2015–16 school year (Attachment 1).

ACTION: MemberBurr moved to approve the CDE staff recommendation.

Member Strausseconded the motion.

Yes votes:Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, Shimozaki and Rucker

No votes: None

Members Absent: None

Abstentions: None

Recusals: None

The motionpassed with 11votes.

Item 03

Subject: California Assessment of Student Performance and Progress: Update on Program Activities, including, but not limited to, Smarter Balanced Assessments (Summative, Interim, and Digital Library Resources), Technology, Primary Language Assessment Stakeholder Meetings, California Alternate Assessment Field Test, 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: California Alternate Assessment Blueprints.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE take action to approve the CAA blueprints for ELA and mathematics.

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

Member Molina seconded the motion.

Yes votes:Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, Shimozaki and Rucker

No votes:None

Members Absent:None

Abstentions: None

Recusals: None

The motion passed with 11votes.

Item 05

Subject: Update on the Activities of the California Department of Education and State Board of Education Regarding Implementation of the California English Language Development Standards.

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 06

Subject: Recommendations for Approval of the Correspondence Study Report, and Request that the Augmentation Document to the California English Language Development Standards Be Opened for Public Comment.

Type of Action: Action, Information

CDE Recommendation: The SSPI recommends that the SBE approve the Correspondence Study Report. Additionally, the SSPI recommends the augmentation document that shows explicit examples of how the CA ELD Standards correspond to the language demands of the academic content standards for mathematics and science be open to review and public comment for 30 days and return for SBE approval in November, 2015.

ACTION: MemberMolina moved to approve the CDE staff recommendation and to extend the deadline for review and public comment on the Augmentation Document from 30 days to 45 days.

Member Straus seconded the motion.

Yes votes:Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, Shimozaki and Rucker

No votes: None

Members Absent:None

Abstentions: None

Recusals: None

The motionpassed with 11votes.

Item 07

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approvals and/or Denials of Applicants for the 2015–17 State Board of Education Supplemental Educational Services Approved Provider List After Rereading all Submitted Applications Not Previously Approved.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE amend the motion to deny SES applicants adopted at the May 7, 2015, SBE meeting as set forth in May 2015 Agenda, Item 12, Attachments 2 and 3. The CDE recommends the SBE approve providers for a two-year period beginning July 1, 2015, through June 30, 2017.

The summary list of applicants recommended for approval is provided as Attachment 1. The summary list of appellants not recommended for approval is provided asAttachment 2. The summary list of applicants deemed inadequate is provided as Attachment 3. Attachments will be posted by Thursday, July 2, 2015, at 5:00 p.m.

ACTION: Member Sandoval moved to approve the CDE staff recommendation.

Member Burr seconded the motion.

Yes votes:Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Shimozaki and Rucker

No votes: None

Members Absent:None

Abstentions: Member Ortiz-Licon

Recusals: None

The motionpassed with 10votes.

***Waivers on Consent***

W-1 through W-18

Item W-01

Subject: Request by 12 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:

Academy of Science and Engineering Charter High School Fed-10-2015

Bishop Unified School District Fed-11-2015

Dunsmuir Joint Union High School District Fed-4-2015

Ferndale Unified School District Fed-5-2015

Hilmar Unified School District Fed-9-2015

Klamath-Trinity Joint Unified School District Fed-13-2015

Lammersville Joint Unified School District Fed-3-2015

Modoc Joint Unified School Disrtict Fed-8-2015

Shoreline Unified School District Fed-2-2015

Southern Humboldt Joint Unified School District Fed-7-2015

Summerville Union High School District Fed-6-2015

Sutter Union High School District Fed-12-2015

CDE Recommendation:Approval

Open Enrollment (Removal From the List of LEAs)

Item W-02

Subject: Request by Evergreen Elementary School Districtto waive California Education Code Section 48352(a) and California Code of Regulations, Title 5,

Section 4701, to remove Katherine R. Smith Elementary School from the Open Enrollment List of "low-achieving schools" for the 2015–16 school year.

Waiver Number: 1-4-2015

CDE Recommendation:Denial

Open Enrollment (Removal From the List of LEAs)

Item W-03

Subject: Request by two school districts to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove three schools from the Open Enrollment List of “low-achieving schools” for the 2015–16 school year.

Waiver Numbers: Evergreen Elementary School District2-4-2015

Saddleback Valley Unified School District 17-3-2015

Saddleback Valley Unified School District 18-3-2015

CDE Recommendation:Approval with conditions.

Open Enrollment (Removal From the List of LEAs)

Item W-04

Subject: Request by Saddleback Valley Unified School Districtto waive California Education Code Section 48352(a) and California Code of Regulations, Title 5,

Section 4701, to remove Linda Vista Elementary School from the Open Enrollment List of "low-achieving schools" for the 2015–16 school year.

Waiver Number: 16-3-2015

CDE Recommendation:Denial

Special Education Program (Extended School Year (Summer School))

Item W-05

Subject: Request by five 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: El Centro Elementary School District9-3-2015

Imperial County Office of Education 27-2-2015

Imperial County Office of Education 28-2-2015

Lammersville Joint Unified School District 28-3-2015

Oceanside Unified School District 13-4-2015

South Bay Union School District 14-4-2015

CDE Recommendation:Approval with Conditions

Special Education Program (Resource Teacher Caseload)

Item W-06

Subject: Request by two local educational agencies under the authority of California Education Code (EC) Section 56101 and California Code of Regulations, Title 5, Section 3100, to waive EC Section 56362(c). Approval of this waiver will allow the resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Numbers: San Ramon Valley Unified School District20-3-2015

San Ramon Valley Unified School District 25-3-2015

San Ramon Valley Unified School District 29-2-2015

Union Elementary School District 16-4-2015

CDE Recommendation:Approval with Conditions

Charter School Program (Nonclassroom-Based Funding)

Item W-07

Subject: Requests by three local educational agencies to waive portions of California Code of Regulations, Title 5, Section 11963.6(c), relating to the submission and action on determination of funding requests regarding nonclassroom-based instruction.

Waiver Numbers: El Dorado County Office of Education5-4-2015

El Dorado County Office of Education 6-4-2015

Fresno Unified School District 19-4-2015

Madera County Office of Education 26-3-2015

CDE Recommendation:Approval

Equity Length of Time (Equity Length of Time)

Item W-08

Subject: Request by four school districts to waive California Education Code Section 37202, the equity length of time requirement for transitional kindergarten and kindergarten programs at the district’s elementary schools.

Waiver Numbers: Anaheim City School District12-3-2015

Junction City Elementary School District 9-4-2015

Orinda Union Elementary School District 23-4-2015

Poway Unified School District 21-3-2015

CDE Recommendation:Approval with Conditions

Independent Study Program (Pupil Teacher Ratio)

Item W-09

Subject: Request by Kingsburg Elementary Charter School Districtfor 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 charter school independent study pupil-to-teacher ratios to allow an increase from 25:1 to a 27.5:1 pupil-to-teacher ratio at Central Valley Home School.

Waiver Number: 18-4-2015

CDE Recommendation:Approval with Conditions

Sale or Lease of Surplus Property (Sale of Surplus Property)

Item W-10

Subject: Request by Livermore Valley Joint Unified School Districtto waive California Education Code sections 17472, 17473, and 17474 and portions of 17455, 17466, and 17475, which will allow the district to sell one piece of property using a broker and a “request for proposal” process, maximizing the proceeds from the sale. The district property for which the waiver is requested is located at 599 Sonoma Ave.,

Livermore, CA, referred to as Sonoma School.

Waiver Number: 17-4-2015

CDE Recommendation:Approval with Conditions

Sale or Lease of Surplus Property (Sale of Surplus Property)

Item W-11

Subject: Request by Ramona City Unified School Districtto waive portions of California Education Code sections 17466, 17472, and 17475 and all of 17473 and 17474, which will allow the district to sell one piece of property using a “request for proposal” process, that will provide the most benefit to the district. The district property for which the waiver is requested is located on San Vicente Road known as the district's Cagney Property.

Waiver Number: 11-4-2015

CDE Recommendation:Approval with Conditions

School Construction Bonds (Bond Indebtedness Limit - Non-Unified after 2000)

Item W-12

Subject: Request by five districts to waive one or more of the following California Education Code sections 15102, 15106, 15268, and 15270(a), related to bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for high school and elementary school districts or 2.5 percent for unified school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for high school and elementary school districts or $60 per $100,000 for unified districts, may also apply.

Waiver Numbers: Alum Rock Union Elementary School District4-4-2015

Natomas Unified School District7-4-2015

Oxnard School District 2-5-2015

Robla Elementary School District10-4-2015

Stockton Unified School District 34-3-2015

Stockton Unified School District 35-3-2015

CDE Recommendation:Approval with Conditions

School District Reorganization (Elimination of Election Requirement)

Item W-13

Subject: Request by Val Verde Unified School Districtto 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: 3-5-2015

CDE Recommendation:Approval

School District Reorganization (Lapsation of a Small District)

Item W-14

Subject: Request by Bogus Elementary School Districtto waive California Education Code Section 35780(a), which requires lapsation of a district with an average daily attendance of less than six.

Waiver Number: 6-5-2015

CDE Recommendation:Approval

Schoolsite Council Statute (Number and Composition of Members)

Item W-15

Subject: Request by seven 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: Delhi Unified School District13-3-2015

Eastern Sierra Unified School District22-2-2015

Eastern Sierra Unified School District23-2-2015

Marin County Office of Education23-3-2015

Santa Barbara County Office of Education 36-3-2015

Terra Bella Union Elementary School District8-4-2015

Trinity Center Elementary School District 3-3-2015

Woodland Joint Unified School District 14-3-2015

Woodland Joint Unified School District 15-3-2015

CDE Recommendation:Approval with Conditions.

Special Education Program (Algebra I Requirement for Graduation)

Item W-16

Subject: Request by three local educational agencies to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2014–2015 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for seven special education student(s) based on Education Code Section 56101, the special education waiver authority.

Waiver Numbers: Los Banos Unified School District33-3-2015

Natomas Unified School District 4-3-2015

Pleasanton Unified School District 9-5-2015

CDE Recommendation:Approval with Conditions

Special Education Program (Child Specific/ NPA or NPS Certification)

Item W-17

Subject: Request by Siskiyou County Office of Educationto waive California Education Code Section 56366.1(a), the requirement for state certification to allow an uncertified out-of-state nonpublic school, KidsPeace National Centers located in Orefield, Pennsylvania, to provide services to one special education student.

Waiver Number: 3-4-2015

CDE Recommendation:Approval

State Testing Apportionment Report (CAHSEE)

Item W-18

Subject: Request by two local educational agencies to waive the State Testing Apportionment Information Report deadline as stipulated in the California Code of Regulations, Title 5, Section 11517.5(b)(1)(A), regarding the California English Language Development Test; or Title5, Section 1225(b)(3)(A), regarding the California High School Exit Examination; or Title 5, Section 862(b)(2)(A) prior to February 2014, regarding the Standardized Testing and Reporting Program; or Title 5, Section 862(b)(2)(A), regarding the California Assessment of Student Performance and Progress System.

Waiver Numbers: Alisal Union School District30-3-2015

Marin County Office of Education29-3-2015

CDE Recommendation:Approval

ACTION: Member Molina moved to approve the CDE staff recommendations on each wavier item (W-1 through W-18) on consent.

Member Holaday seconded the motion.

Yes votes:Members Holaday, Sandoval, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, Shimozaki and Rucker

No votes: None

Members Absent:None

Abstentions: None

Recusals: Member Sun

The motion passed with 10votes.

***REgular Waivers ***

W-19 and W-20

Class Size Penalties (Over Limit on Grades 1-3)

Item W-19

Subject: Request by three school districts, under the authority of California Education Code Section 41382, 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 Numbers: Hemet Unified School District6-3-2015

Santa Rita Union Elementary School District 27-3-2015

Whittier City Elementary School District 19-3-2015

CDE Recommendation:Approval with Conditions

ACTION: MemberBurr moved to approve the CDE staff recommendation.

Member Molina seconded the motion.

Yes votes:Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, and Shimozaki

No votes: None

Members Absent:None

Abstentions: None

Recusals: Member Rucker

The motionpassed with 10votes.

Class Size Penalties (Over Limit on Grades 4-8)

Item W-20

Subject: Request by Whittier City Elementary School Districtto 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.