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Final Minutes California State Board of Education Nov. 7- 8, 2007

Nov. 7, 2007

Members Present Jim Aschwanden Ruth Bloom Yvonne Chan Ruth Green Don Fisher Monica Liu David Lopez Ted Mitchell Ken Noonan Johnathan Williams

Member Absent Alan Bersin

Secretary and Executive Officer Jack O’Connell, State Superintendent of Public Instruction

Principal Staff Roger Magyar, Executive Director, State Board of Education Gary Borden, Deputy Executive Director, State Board of Education Dale Webster, Education Policy Consultant, State Board of Education Bob LaLiberte, Special Consultant, State Board of Education Lynn Hile, Office Technician, State Board of Education Kathy Dobson, Legal Assistant, State Board of Education Raquel Lothridge, Executive Assistant, State Board of Education Gavin Payne, Chief Deputy Superintendent, California Department of Education Marsha Bedwell, General Counsel, California Department of Education Amy Bisson-Holloway, Chief Counsel II, California Department of Education (Nov. 8, 2007) Michelle Zumot, Education Policy Assistant, California Department of Education

Call to Order President Noonan called the meeting to order at approximately 9:10AM

Salute to the Flag Member Liu led the Board and the audience in the Pledge of Allegiance.

November 7-8, 2007 1 of 23 ITEM 3 Subject: Reports from the 2007-08 Student Advisory Board on Education (SABE) Type of Action: Information

Student representatives presented reports on the following topics:

 Standardized Testing  Preparing Students for Post Secondary Education  Students’ Views on Teacher Quality  Environmentalism  Motivation of Students  Life Skills  Drugs and Alcohol

NO ACTION REQUIRED

ITEM 4 Subject: 2008-09 State Board of Education Student Member. Recommendation of Three Finalists for Submission to the Governor. Type of Action: Action, Information

ACTION: Member Williams moved to: recommend the three finalists for the position of State Board of Education Student Member, as identified in the Screening Committee Memorandum, Sophia Angelis, Lauren Xie, and Nicholas Jofre, be forwarded to the Governor for appointment consideration.

Member Liu seconded the motion. The motion was approved by a vote of 10-0.

ITEM 1 Subject: STATE BOARD PROJECTS AND PRIORITIES. Including, but not limited to, future meeting plans; agenda items; State Board office budget; staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; Board Liaison Reports; and other matters of interest. Type of Action: Action, Information

Board Member Officer Nominations:

 Superintendent O’Connell called for nominations for the offices of President and Vice President. Member Bloom nominated Ted Mitchell for President; Member Chan seconded the nomination. Member Mitchell nominated Ruth Bloom for

November 7-8, 2007 2 of 23 Vice President; Member Chan seconded the nomination. The term will be for the calendar year beginning at the Board’s January 2008 regularly scheduled Board meeting. Nominations may also be made at the January meeting before the election is held; January nominations, however, must be seconded and there may be no self-nominations.

Announcement of Agenda Changes:

President Noonan announced the following changes to the agenda:

 After items 3 and 4 are heard, Items 1 and 2 will follow, and then Item 5 will be heard  Item 8 has been withdrawn  Item 9 has been withdrawn  Item 12 has been put over until January  Item 13 has been withdrawn

REPORT OF THE SUPERINTENDENT Superintendent O’Connell described system improvements in the processing of Last Minute Memoranda for the Board’s consideration. He also commented on the just completed elections dealing with bond issues before the voters. Finally, he expressed appreciation to the many volunteers who are participating in the upcoming Achievement Gap Summit.

ITEM 2 Subject: PUBLIC COMMENT

Public comment is invited on any matter not included on the printed agenda. Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations. Type of Action: Action, Information

NO ACTION REQUIRED

ITEM 5 Subject: Appointment of New Members to the Advisory Commission on Charter Schools Type of Action: Action, Information

The Screening Committee presented its recommendations for the Board regarding selection of Advisory Commission on Charter Schools members. The screening process and the basis for selection were described.

November 7-8, 2007 3 of 23 ACTION: Member Williams moved to appoint the following candidates, who have been interviewed and recommended by the SBE Screening Committee, to fill seats being vacated on the Advisory Commission on Charter Schools (ACCS): Beth Hunkapiller, Thomas Conry, Rodolfo “Paul” Cartas, Brian Bauer.

Member Chan seconded the motion. The motion was passed by a vote of 9-0.

ITEM 6 Subject: Curriculum Development and Supplemental Materials Commission: Appointment of New Members Type of Action: Action, Information

The Screening Committee presented its recommendations for the Board regarding selection of Curriculum Commission members. The screening and selection process was described.

ACTION: Ms. Bloom moved to appoint the following candidates, who have been interviewed and recommended by the SBE Screening Committee, to fill seats being vacated on the Curriculum Development and Supplemental Materials Commission (Curriculum Commission): Hope Bjerke, Bama Medley, Christine Lanphere, Monica Ward.

Ms. Green seconded the motion. The motion was passed by a vote of 9-0.

ITEM 7 Subject: Appointment of New Members to the Child Nutrition Advisory Council (CNAC) Type of Action: Action, Information The Screening Committee presented its recommendations for the Board regarding selection of Curriculum Commission members. The screening and selection process was described.

ACTION: Ms. Chan moved to appoint the following candidates, who have been interviewed and recommended by the SBE Screening Committee, to fill seats being vacated on the Child Nutrition Advisory Council (CNAC): Sandra Jefferson, Tracy Vernon

Mr. Aschwanden seconded the motion. The motion was passed by a vote of 8-0.

ITEM 10 Subject: English Learner Advisory Committee (ELAC): Options for the establishment of the ELAC and recommendations for appointments Type of Action: Action, Information

November 7-8, 2007 4 of 23 Options for the process to appoint members to the ELAC were presented. Also there were several questions for the board to consider regarding the nature of the ELAC’s work.

ACTION: After discussion of failed motions, Member Bloom moved to have the President appoint a subcommittee of the Board to study the scope of work, the format of the ELAC and provide recommendations to the Board in January about how, when and where the committee members will be selected. Also the Board will receive recommendations in January for revitalization of the former ELAC committee, and a policy statement for a scope of work.

Member Williams seconded the motion. The motion passed by a vote of 10-0.

ITEM 11 Subject: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approval of Mathematics and Reading Professional Development Program Review Committee Supplementary Questionnaire to Application for Appointment to Advisory Body Type of Action: Action, Information

Staff indicated that this item is needed so that better and relevant information is received by staff and SBE members for review of these new appointments. Staff suggested that a similar supplementary questionnaire be developed for each commission and committee of the board.

ACTION: Member Green moved to approve the supplementary questionnaire to the SBE’s currently used Application for Appointment to Advisory Body

Member Williams seconded the motion. The motion passed by a vote of 10-0.

ITEM 14 Subject: Standardized Testing and Reporting (STAR) Program: California Modified Assessment (CMA) Participation Criteria Type of Action: Action, Information

This item was presented for approval of the criteria that will be provided as guidance to IEP teams to determine which students should be deemed eligible to participate in the California Modified Assessment instead of the general California Standards Test (CST) for the relevant grade and subject area. This item came to the Board in September as an information item. CDE has worked since then to review the item with public educators in California.

November 7-8, 2007 5 of 23 ACTION: Member Chan moved to approve the California Modified Assessment (CMA) Participation Criteria.

Member Green seconded the motion. The motion passed by a vote of 8-0.

ITEM 15 Subject: Standardized Testing and Reporting Program: Release of ten percent withheld for 2006-07 Harcourt Assessment, Inc. Aprenda, La prueba de logros en español, Tercera edición (Aprenda 3) Contract Type of Action: Action, Information

This is an annual action the Board takes to determine whether to release contract funds for a third party that have been held pending final successful completion of project deliverables. CDE recommended that the full 10% withheld amount be released to the contractor this year. Last year, the Board kept the withholding amount due to Harcourt’s failure to fully perform under the contract.

ACTION: Member Aschwanden moved to approve releasing the ten percent of funds withheld from progress payments for the 2006-07 Harcourt Assessment, Inc. (Harcourt) contract for the Aprenda 3 test administration, pending completion of all contract requirements during December 2007.

Member Williams seconded the motion. The motion passed by a vote of 6-0.

ITEM 16 Subject: Standardized Testing and Reporting (STAR) Program: Withhold of ten percent for 2006-07 Educational Testing Service Contract Type of Action: Action, Information

This annual action by the Board involves determining whether to release contract funds for a third party that have been held pending final successful completion of project deliverables. CDE recommended a withholding of 10% of the contract deliverable budget items that were not successfully completed. The Board item outlined each of the areas in which the funding was recommended for withholding, due to the contractor’s failure to perform.

Action: Member Aschwanden moved that since Educational Testing Service (ETS) failed to successfully complete component tasks 3, 9, and 10, of the 2006-07 STAR Program testing administration, that the SBE not approve the 2006-07 release of ETS’ progress payment withholdings (ten percent) for the STAR contract for these tasks.

Member Chan seconded the motion. The vote passed by a vote of 8-0.

November 7-8, 2007 6 of 23 ITEM 17 Subject: Standardized Testing and Reporting (STAR) Program: Program Update including, but not limited to, Approval of Making the Standards-based Tests in Spanish (STS) Available to Public Schools Type of Action: Action, Information

This was the periodic STAR program update. No action was taken.

ITEM 18 Subject: California English Language Development Test (CELDT): Program Update, including, but not limited to, upcoming release of Initial Identification results and K-1 early literacy test development Type of Action: Action, Information

This was a general program update for the CELDT. Of particular interest here is that the Legislature has finally approved legislation to add ‘reading’ and ‘writing’ components to the CELDT for grades k and 1. This is an NCLB Title III requirement. California has been out of compliance because legislative authority to add them has not been available. No action was taken.

ITEM 19 Subject: California High School Exit Examination (CAHSEE): Presentation of the 2006- 2007 Independent Evaluation Report (HumRRO Report) Type of Action: Action, Information

This was a presentation on the annual HumRRO evaluation of the CAHSEE. No action was taken.

ITEM 20 Subject: California High School Exit Examination (CAHSEE) Program Update: Including, but not limited to, Intensive Instruction Funding and Student Study Guides Type of Action: Action, Information

Staff presented an update on CAHSEE. No action was taken.

ITEM 21 Subject: Update on issues related to California’s implementation of No Child Left Behind and other federal programs Type of Action: Action, Information

Staff presented an update on NCLB matters. No action was taken.

November 7-8, 2007 7 of 23 ITEM 34 Subject: Legislative update, including, but not limited to information on legislation from the 2007-08 session Type of Action: Action, Information

Staff presented an update about what happened with legislation at the end of the session. No action was taken.

ITEM 40 Subject: State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act (IDEA) covering the 2006-07 program year Type of Action: Action, Information

Staff provided a presentation to the Board highlighting the critical areas of the special education plan in advance of the January 2008 SBE review prior to required submittal to the federal government for approval. No action was taken.

ITEM 43 Subject: State Board of Education-Approved Charter Schools: Update Type of Action: Action, Information

Staff presented an update on State Board approved charter schools. No action was taken.

Adjournment of Day’s Session

November 7-8, 2007 8 of 23 Thursday, November 8, 2007 – 8:00 a.m.

Members Present Jim Aschwanden Ruth Bloom Yvonne Chan Ruth Green Don Fisher Monica Liu David Lopez Ted Mitchell Ken Noonan Johnathan Williams

Member Absent Alan Bersin

Call to Order President Noonan called the meeting to order at approximately 8AM.

Salute to the Flag

Adjourn to Closed Session

CLOSED SESSION

Report on actions taken during Closed Session

President Noonan reported that, on a motion by Member Williams, seconded by Member Chan, the Board had voted to finalize the selection process for Executive Director and had appointed Gary Borden as Acting Executive Director as of December 1, 2007. The Board also expressed its thanks to Roger Magyar and acknowledged his many contributions to Education and California government over his distinguished public service career.

Gary Borden reported that no other action was taken during Closed Session.

November 7-8, 2007 9 of 23 Proposed Consent Calendar

Members Liu and Mitchell read statements explaining their reasons for recusing themselves from participating in the vote on various consent items.

Member Bloom moved to approve the Consent Calendar. Member Williams seconded the motion. The Consent Calendar was approved by a vote of 8-0, with two abstentions.

Consent Items include Items 22 – 33, all the WC items (Waiver Consent items), except WC-3, and Waiver items W-2 through W-5, W-7, and W-9 through W-12

Item 22 Subject: Public Charter Schools Grant Program (PCSGP): Approve the List of Recommended PCSGP Planning and Implementation Grant Awardees Type of Action: Action, Information

Item 23 Subject: Charter Schools: Determination of Funding Requests for 2007-08 (and beyond) for Nonclassroom-based Charter Schools Type of Action: Action, Information

Item 24 Subject: Assignment of Numbers for Charter School Petitions Type of Action: Action, Information

Item 25 Subject: Chief Business Officer Training Program – Approve Training Candidate Substitution for Fiscal Year 2006-07 Type of Action: Action, Information

Item 26 Subject: High Priority Schools Grant Program: School Assistance and Intervention Team: Approval of Expenditure Plan to Support School Assistance and Intervention Team Activities and Corrective Actions in State-Monitored Schools Type of Action: Action, Information

November 7-8, 2007 10 of 23 Item 27 Subject: High Priority Schools Grant Program: Proposed Intervention for Cohort 1 High Priority Schools Grant Program Schools Without Valid Academic Performance Index Data that Failed to Meet the Alternative Criteria for Significant Growth Type of Action: Action, Information

Item 28 Subject: Gifted and Talented Education: Approval of Applications for Funding from Local Educational Agencies Type of Action: Action, Information

Item 29 Subject: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approval of Training Providers and Training Curricula Type of Action: Action, Information

Item 30 Subject: The Administrator Training Program, Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of Applications for Funding from Local Educational Agencies. Type of Action: Action, Information

Item 31 Subject: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approve Reimbursement Requests from Local Educational Agencies. Type of Action: Action, Information

Item 32 Subject: Proposed changes to be included in the California School Information Services (CSIS) Data Dictionary, Version 9.0 Type of Action: Action, Information

Item 33 Subject: Consolidated Applications 2007-08: Approval Type of Action: Action, Information

NON PUBLIC SCHOOL/AGENCY ANNUAL CERTIFICATION Item WC-1

November 7-8, 2007 11 of 23 Subject: Request by Los Angeles Unified School District under the authority of Education Code (EC) Section 56101 to waive EC Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Dynamic Therapy Solutions. Waiver Number: 7-8-2007 (Recommended for APPROVAL) Type of Action: Action

Item WC-2 Subject: Request by Los Angeles Unified School District under the authority of Education Code (EC) Section 56101 to waive EC Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Los Angeles Speech and Language Therapy Center Waiver Number: 6-8-2007 (Recommended for APPROVAL) Type of Action: Action

RESOURCE SPECIALIST (Placeholder) Item WC-4 Subject: Request by various districts, county offices of education, or special education local plan areas under the authority of Education Code (EC) Section 56101 to waive EC Section 56362(c), allowing the caseload of various resource specialist to exceed the maximum caseload of 28 students by no more than 4 students (32 maximum). Type of Action: Action

NOTE: WC-4 was later withdrawn from the Agenda.

PHYSICAL EDUCATION (block schedules) Item WC-5 Subject: Request by San Juan Unified School District to waive portions of Education Code (EC) Section 51222(a), related to the statutory minimum of 400 minutes of physical education required each ten school days for students in grades nine through twelve in order to implement a block schedule at Casa Roble, Del Campo, Encina and Mesa Verde High Schools. Waiver Number: 1-8-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

SCHOOL SITE COUNCIL (shared by multiple schools) Item WC-6 Request by Igo, Ono, Platina Union Elementary School District under the authority of Education Code (EC) Section 52863 for a renewal waiver of EC Section 52852, relating

November 7-8, 2007 12 of 23 to the establishment of a school site council as required for each school participating in the School-based Coordination Act allowing one joint school site council to function for two small elementary schools, Igo-Ono Elementary School and Platina Elementary School. Waiver Number: 1-7-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

COMMUNITY DAY (collocation) Item W-2 Subject: Request by Lemoore Union High School District for a waiver of Education Code (EC) Section 48661(a) to permit the collocation of a community day school (CDS), Gunlacker CDS, on the same site as a small necessary continuation high school, Yokuts High School. Waiver Number: 7-9-2007 (Recommended for APPROVAL) Type of Action: Action

Item W-3 Subject: Request by New Haven Unified School District for a waiver of Education Code (EC) Section 48661(a) to permit the collocation of a non-public school for students with disabilities Spectrum Center and a mid-year kindergarten class on the same site (Cabello Student Support Center) as a community day school (CDS). Waiver Number: 15-9-2007 and 16-9-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

COMMUNITY DAY (commingle) Item W-4 Subject: Request by Surprise Valley Joint Unified School District for a waiver of portions of Education Code (EC) sections 48660 and 48916.1(d) to permit a community day school to serve students in grades 5-6 with students in grades 7-12. Waiver Number: 14-9-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

INSTRUCTIONAL MATERIALS FUNDING REALIGNMENT PROGRAM (IMFRP) Item W-5 Subject: Petition request by Palos Verdes Peninsula Unified School District under Education Code (EC) sections 60421(d) and 60020(g) to purchase specified non- adopted instructional materials (Everyday Mathematics, kindergarten and grades one

November 7-8, 2007 13 of 23 through five) using Instructional Materials Funding Realignment Program (IMFRP) monies. Waiver Number: 5-8-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

INSTRUCTIONAL TIME PENALTY (day penalty) Item W-7 Subject: Request by Indian Diggings Elementary School District under the authority of Education Code (EC) 46206 to waive EC Section 46202(c) for failing to have 180 instructional days in the year. In 2006-07 the school was short one school day at Indian Diggings Elementary School. Waiver Number: 10-9-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

SALE AND LEASE OF SURPLUS PROPERTY Item W-9 Subject: Request by Beaumont Unified School District to waive portions of Education Code (EC) sections 17466, 17472, and 17475 and all of 17473, 17474, specific statutory provisions for the Sale and Lease of Surplus Property. Approval of the waiver would allow the district to sell two pieces of property using a broker and a “request for proposal” process, thereby maximizing the proceeds from the sale. The district properties for which the waiver is requested are the Oak Valley Property and the Pennsylvania Property, both located in the city of Beaumont. Waiver Number: 9-8-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

Item W-10 Subject: Request by Irvine Unified School District to waive portions of Education Code (EC) sections 17466, 17472, and 17475 and all of 17473, 17474, specific statutory provisions for the Sale and Lease of Surplus Property. Approval of the waiver would allow the district to sell two pieces of property using a broker and a request for proposal process, thereby maximizing the proceeds from the sale. The district properties for which the waiver is requested are the Alderwood Property and the Vista Verde Property, both located in close proximity to the University of California, Irvine and Concordia University. Waiver Number: 10-8-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

November 7-8, 2007 14 of 23 TERRITORY TRANSFER Item W-11 Subject: Request by Santa Barbara County Office of Education to waive Education Code (EC) Section 35710, the election requirements for a proposed territory transfer, and EC Section 35534, the “effective date,” to speed up the process for the transfer of territory from Casmalia School District to the Orcutt Union School District. Waiver Number: 2-9-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

STATE TESTING APPORTIONMENT Item W-12 Subject: Request by two local educational agencies (LEA) to waive the State Testing Apportionment Information Report deadline of December 31st in the California Code of Regulations (CCR), Title 5, Section 11517.5(b)(1)(A) regarding the California English Language Development Test (CELDT), or CCR Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination (CAHSEE), or CCR, Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program (STAR).

End of Consent Calendar

ITEM 35 Subject: Adoption of Kindergarten Through Grade Eight Instructional Materials: Approve Commencement of 15-Day Public Comment Period for Proposed Changes to Proposed Title 5 regulations, Sections 9510-9530 Type of Action: Action, Information

Staff presented a status report of the proposed Title 5 Regulations dealing with the adoption of Instructional Materials for Kindergarten through Grade 8 prior to circulation for another 15 day comment period. There were several minor revisions related to online viewing/LRDC, the appeals process, and post-adoption edits and corrections based on comments from the last comment period. In the discussion, there were Board member concerns expressed that there will be enough publicly noticed meetings which will be held in a timely manner.

During the discussion, several motions were considered, and the following adopted.

Action: Member Aschwanden moved the following: That the Board

o Approve the proposed changes to the proposed regulations;

November 7-8, 2007 15 of 23 o Direct that the proposed changes be circulated for a 15-day public comment period in accordance with the Administrative Procedure Act;

o 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, and;

o If any relevant comments to the proposed changes are received during the 15-day period of public comment, the CDE is directed to place the proposed regulations with changes on the SBE’s January 2008 agenda for action. However, if the board wishes to make substantive changes to the regulations at the January board meeting, then the rulemaking process will have to start over again. By law, an agency only has one year to complete its rulemaking, and in this case, the rulemaking process began on January 19, 2007. If the file is not submitted to OAL by January 18, 2008, then the SBE will have to start this process over, and will not be able to move forward with any new instructional materials adoptions until the regulations are in place.

Member Lopez seconded the motion.

Member Bloom offered the following amendment to the original motion:

(Section 9511(f)) A majority of CFCC members at the time of appointment shall be teachers who currently teach students in kindergarten or grades 1-12 and are fully credentialed under state law in those assignments, and meet the current qualification of highly qualified for purposes of Federal Law.

(Section 9512(c) A majority of IMRA members at the time of appointment shall be teachers who currently teach students in kindergarten or grades 1-12 and are fully credentialed under state law in those assignments, and meet the current qualification of highly qualified for purposes of Federal Law, and who have experience with, and expertise in, standards-based educational programs and practices in the content field under consideration.

Member Fisher seconded the motion to adopt the amendment.

The full motion was approved by a vote of 8-0. Members Liu and Green abstained from the vote.

*** Public Hearing ***

November 7-8, 2007 16 of 23 ITEM 36 Subject: 2007 Mathematics Primary Adoption: Curriculum Development and Supplemental Materials Commission Recommendations for the Three Program Types (Basic Grade-level, Intervention and Algebra Readiness Programs). Type of Action: Public Hearing, Action, Information

Part 1: Staff and Curriculum Commission members provided background information about the following:

 The Curriculum Commission’s recommendations were consistent with the recommendations from the IMAP/CRP members for 48 of the 54 submitted programs. Therefore it was recommended that the board first vote on these 48 programs as a block on consent.  This Consent List included those programs that the Commission and IMAP/CRP Panels recommended for adoption as well as those programs that the Commission and IMAP/CRP Panels did not recommend for adoption.

A Public Hearing was held for the consent list.

Action: Member Aschwanden moved to:  Approve the adoption recommendations of the Curriculum Development and Supplemental Materials Commission (Curriculum Commission) for the 2007 Mathematics Primary Adoption for instructional materials in kindergarten through grade eight (K-8), for the 48 programs where the Curriculum Commission’s recommendations are consistent with the recommendations from the IMAP/CRP members. Within the list of 48 programs, those programs recommended for adoption include:  minor edits and corrections as noted in the 2007 Mathematic Primary Adoption Curriculum Commission Advisory Report;  any approved legal and social compliance citations; and  any publisher submitted errata (printing errors that do not affect content) as reviewed and approved by the Curriculum Commission’s Math SMC Chair and Vice Chair.

Member Williams seconded the motion. The motion was approved by a vote of 9-0.

Part 2: The Board conducted a public hearing and received no comment on four programs where the Curriculum Commission RECOMMENDED adoption, while the CRP/IMAP panel DID NOT RECOMMEND adoption of the programs.

These 4 programs are:

BASIC GRADE-LEVEL PROGRAMS: 1. Pearson Prentice Hall’s Prentice Hall Mathematics California Algebra I (8)

November 7-8, 2007 17 of 23 2. Wright Group/McGraw-Hill’s California Everyday Mathematics (K-6). (Grade 5 ONLY was not recommended by the CRP/IMAP)

INTERVENTION PROGRAM: 1. iLearn, Inc.’s, iPASS Math Intervention (4-7)

ALGEBRA READINESS PROGRAM: 2. iLearn, Inc.’s iPASS Alegbra Readiness (8)

Action: Member Chan moved to adopt, in accordance with the Curriculum Commission recommendations, Pearson Prentice Hall’s Prentice Hall Mathematics California Algebra I (Grade 8), Wright Group/McGraw-Hill’s California Everyday Mathematics (Grades K-6), iLearn, Inc.’s, iPASS Math Intervention (Grades 4-7), and iLearn, Inc.’s iPASS Alegbra Readiness (Grade 8):

 with minor edits and corrections as noted in the 2007 Mathematic Primary Adoption Curriculum Commission Advisory Report,  with any approved legal and social compliance citations, and  with any publisher submitted errata (printing errors that do not affect content) as reviewed and approved by the Curriculum Commission’s Math SMC Chair and Vice Chair.

Member Aschwanden seconded the motion. The motion was approved by a vote of 9-0.

Part 3: The Board conducted a public hearing and received no comment on the adoption of Pearson Prentice Hall’s, Prentice Hall Mathematics California (Grades 6-8):

Action: Member Aschwanden moved to adopt, in accordance with the Curriculum Commission recommendations, Pearson Prentice Hall’s, Prentice Hall Mathematics California (Grades 6-8):

 with minor edits and corrections as noted in the 2007 Mathematic Primary Adoption Curriculum Commission Advisory Report, and with the following additional edits and corrections reviewed by the Commission but inadvertently not included in the recommendation to the SBE: 1. (Grade 6, SE/TE p. 129: Why Learn This? “Two numbers are reciprocals if their product is 1.” should be changed to “Two numbers are multiplicative inverses or reciprocals if their product is 1” 2. Grade 6, SE/TE p. 203: Change “You can use the properties of equality to discover another way to determine whether ratios form a proportion.” to “You can use multiplicative inverses, or reciprocals, to determine whether ratios form a proportion. Recall that the product of reciprocals is always 1. For example, 1/8 * 8/1 = 1.”

November 7-8, 2007 18 of 23 3. Grade 6, SE/TE p. 203: Line 2 of the instructional text to the right of the example at the top of the page: Change “ Use the Multiplication Property of Equality. Multiply each side by both denominators.” to “Multiply each side by the multiplicative inverses of 1/8 and 1/12.” 4. Grade 6, TE p. 128: Teacher text in the wrap just below the title of the activity Modeling Fraction Division: Change “Students use models to practice division of fractions.” to “Students use models to practice division of fractions and to understand why the invert-and-multiply rule is sufficient.”  with any approved legal and social compliance citations, and  with any publisher submitted errata (printing errors that do not affect content) as reviewed and approved by the Curriculum Commission’s Math SMC Chair and Vice Chair.

Member Chan seconded the motion. The motion was approved by a vote of 9-0.

Part 4: The Board conducted a public hearing on a program not recommended by the Curriculum Commission, but recommended by the IMAP: Carnegie Learning, Inc.’s, Carnegie Learning Cognitive Tutor Algebra I (Grade 8).

Action: Member Aschwanden moved to reject, in accordance with the Curriculum Commission recommendations, Carnegie Learning, Inc.’s, Carnegie Learning Cognitive Tutor Algebra I (Grade 8).

Member Green seconded the motion. The motion was approved by a vote of 8-1.

***END OF PUBLIC HEARING***

ITEM 44 Subject: Facilities for Charter Schools (Proposition 39): Adopt the Proposed Title 5 Regulations or Further Amend the Proposed Title 5 Regulations and Approve Commencement of a Third 15-Day Comment Period Type of Action: Action, Information

Staff described the status of the proposed regulations which have gone out for amendment twice, and now are ready for a third set of amendments, responding to comments received. Also, a previously-included required form has been withdrawn as a result of public comments.

November 7-8, 2007 19 of 23 Action: Member Chan moved to:

 Approve the proposed changes to the proposed regulations;  Direct that the proposed changes be circulated for a third 15-day public comment period in accordance with the Administrative Procedure Act (APA);  If no relevant comments to the proposed changes are received during the third 15-day public comment period, the proposed regulations with changes are deemed adopted, and CDE is directed to complete the rulemaking package and submit it to the Office of Administrative Law (OAL) for approval; and  If any relevant comments to the proposed changes are received during the third 15-day public comment period, CDE is directed to place the proposed regulations with changes on the SBE’s January 2008 agenda for action.

Member Mitchell seconded the motion. The motion was approved by a 7-2 vote.

ITEM 37 Subject: 2008 Reading/Language Arts–English-Language Development Primary Adoption of Instructional Materials: Approval of Revised Adoption Timeline Type of Action: Action, Information

Staff described the revised timeline for the primary adoption of Instructional Materials for Reading/Language Arts-English Language Development. The revisions reflect the addition of a new week of training and deliberations for the Grades 4-8 Interventions program

Action: Member Aschwanden moved to approve the revised timeline for the 2008 Reading/Language Arts–English-Language Development (RLA/ELD) Primary Adoption.

Member Green seconded the motion. The motion was approved by a 9-0 vote.

ITEM 41 Subject: No Child Left Behind Act of 2001: Title III Accountability and Sanctions Type of Action: Action, Information

Staff described the proposal to approve corrective action for school districts in Title III program improvement. The approach in general terms is to provide technical assistance and training to school districts through the county office of education regional network. Steps in the process have been included to ensure greater accountability and fidelity to state-approved instructional programs.

The item was held for consideration at the January 2008 SBE meeting.

November 7-8, 2007 20 of 23 ITEM 38 Subject: 2008 Reading/Language Arts–English-Language Development Primary Adoption of Instructional Materials: Appointment of Instructional Materials Advisory Panel Members and Content Review Panel Experts (Cohort 1) Type of Action: Action, Information

A representative of the Curriculum Commission described the process of recruiting IMAP and CRP participants.

Action: Member Williams moved to approve appointment of Instructional Materials Advisory Panel (IMAP) members and Content Review Panel (CRP) experts as recommended by the Curriculum Development and Supplemental Materials Commission (Curriculum Commission) for the 2008 Reading/Language Arts–English- Language Development (RLA/ELD) Primary Adoption.

Member Lopez seconded the motion. The motion was approved by a vote of 8-0.

ITEM 42 Subject: Health Education Content Standards for California Public Schools, Kindergarten Through Grade Twelve Type of Action: Action, Information

Staff presented a revised draft of the California Health Education Content Standards developed with the input and assistance of numerous professional groups. There was considerable public comment, and Board members discussed several issues, including the appropriateness of advocacy actions.

The item was held for consideration at the January 2008 SBE meeting.

ITEM 39 Subject: 2008 Reading/Language Arts–English-Language Development Primary Adoption of Instructional Materials: Approval of Standards Maps Type of Action: Action, Information

Staff described the use of standards maps by the publishers to show the reviewers where the ELA standards are located in the programs. Two separate translation contractors reviewed the Spanish Standards for Program 3 and there are some minor technical edits that fix grammatical and format consistency issues.

Action: Member Aschwanden moved to approve the standards maps for the 2008 Reading/Language Arts–English-Language Development (RLA/ELD) Primary Adoption.

November 7-8, 2007 21 of 23 Member Lopez seconded the motion. The motion was approved by a 6-0 vote.

Waiver Items Not on Consent

AFTER SCHOOL EDUCATION AND SAFETY PROGRAM Item W-1 Subject: Request by Elk Grove Unified School District to waive portions of Education Code (EC) Section 8483(a)(1) and (2), the requirement that the After School Education and Safety program be offered “every school day”. This would allow the district to reduce the operation days to 200 school days (traditional school calendar) rather than 228 school days (year round calendar). Waiver Number: 1-9-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action INSTRUCTIONAL TIME PENALTY (minutes penalty)

Action: Member Mitchell moved to approve the waiver. Member Green seconded the motion. The motion was approved by a 6-0 vote.

Item W-6 Subject: Request by Oakland Unified School District to waive Education Code (EC) Section 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2003-2004 fiscal year than the minimum requirements at: Stonehurst School in kindergarten (shortfall of 205 minutes); Whittier School in kindergarten (shortfall of 2660 minutes); Melrose Leadership Academy in grades 6-8 (shortfall of 6,180 minutes); Grass Valley School in grades 4-5 (shortfall of 160 minutes); and Washington Elementary School (now Sankofa Academy) in grades 4-5 (shortfall of 490 minutes). The district also requests a waiver of EC 46200(c) the requirement than a school provide a minimum of 180 school days for Washington Elementary School (now Sankofa Academy) grades 4-5 (2 days short). Waiver Number: 4-6-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

Action: Member Mitchell moved to approve the waiver. Member Lopez seconded the motion. The motion was approved by a vote of 6-0.

RESOURCE SPECIALIST CASELOAD

November 7-8, 2007 22 of 23 Item WC-3 Subject: Request by Claremont Unified School District under the authority of Education Code (EC) Section 56101 to waive EC Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than 4 students (32 maximum). Jeanne Avera assigned at Mountain View Elementary. Waiver Number: 3-8-2007 (Recommended for APPROVAL WITH CONDITIONS) Type of Action: Action

Action: Member Mitchell moved to approve the waiver. Member Green seconded the motion. The motion was approved by a vote of 6-0.

Item W-8 Subject: Request by various districts, county offices of education, or special education local plan areas to waive Education Code (EC) Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than 4 students (32) maximum). Placeholder: Waivers will be presented on ITEM ADDENDUM (Recommendation: Pending: Each waiver will have recommendations of Denial or Approval with Conditions for each resource specialist involved. Type of Action: Action

Action: Member Green moved to approve the waiver. Member Mitchell seconded the motion. The motion was approved by a 6-0 vote.

***ADJOURNMENT OF DAY’S SESSION***

***ADJOURNMENT OF MEETING***

November 7-8, 2007 23 of 23

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