CALIFORNIA STATE BOARD OF EDUCATION Final Minutes
May 6-7, 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
State Board Members Absent Kenton Shimozaki, Student Member (Wednesday only)
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, Interim Chief of Staff, California Department of Education (CDE) Amy Cameron, Education Policy Administrator I, CDE Nick Schweizer, Deputy Superintendent, CDE Lupita Cortez-Alcala, Deputy Superintendent, CDE Keric Ashley, Interim Deputy Superintendent, CDE Amy Bisson-Holloway, General Counsel, CDE Edmundo Aguilar, Assistant General Counsel, CDE
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1 California State Board of Education AGENDA –May 6-7, 2015
Please note that the complete proceedings of the May 6-7, 2015, State Board of Education meeting, including closed-captioning, are available online at: http://www.cde.ca.gov/be/ag/ag/sbewebcastarchive.asp.
CALIFORNIA STATE BOARD OF EDUCATION
Public Session May 6, 2015
President Kirst called the meeting to order at approximately 8:30 a.m.
Call to Order Salute to the Flag Communications Announcements
REPORT OF CLOSED SESSION
President Kirst announced that the Board discussed and/or took action on the following cases as noticed on the SBE’s agenda:
Pearson Emma C D.J. v. State Today’s Fresh Start Countywide Benefit Charter School v. SBE
AGENDA ITEMS
Item 01 Subject: California Assessment of Student Performance and Progress: Approval of the Proposed Contract with the Educational Testing Service for the Administration of the California Assessment of Student Performance and Progress. Type of Action: Action, Information
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2 California State Board of Education AGENDA –May 6-7, 2015
CDE Recommendation: The CDE recommends that the SBE approve the proposed CAASPP contract.
ACTION: Member Straus moved to approve CDE staff’s recommendation to approve the proposed CAASPP contract and authorize the Executive Director of the SBE, in consultation with the State Superintendent or his designee, to make any technical edits or corrections to the contract and scope of work that are consistent with the SBE’s action, prior to execution of the contract.
Member Burr seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, and Rucker
No votes: None
Member Absent: Student Member Shimozaki
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Item 02 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), California Alternate Assessment Field Test, Development of the New Primary Language Development Test, and California Next Generation Science Standards for Public Schools. Type of Action: Action, Information
CDE Recommendation: This item is for information only. No specific action is recommended.
ACTION: No Action Taken.
Report of the Superintendent
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3 California State Board of Education AGENDA –May 6-7, 2015
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Item 03 Subject: Approve Changes to the State of California Consolidated State Application Workbook related to the Title III Accountability System in order to Comply with the Federal Title III Accountability Requirements. Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve the following changes to the Workbook to comply with the Title III accountability program authorized by the ESEA:
Include LEAs that receive a Title III subgrant to serve Immigrant children and youth who are also English learners (ELs) in the Title III Accountability reports. For LEAs that receive only Title III Immigrant funds, the same minimum group size of 50 California English Language Development Test (CELDT) records is applied to annual measurable achievement objective (AMAO) calculations and determinations that apply to Adequate Yearly Progress (AYP) determinations. The AYP determinations have been approved by the ED in the Workbook for purposes of Title I of the ESEA.
Under Title III, Part A, Section 3122(b)(1), each state must hold all LEAs receiving a subgrant under subpart 1 of Title III, Part A, accountable for meeting AMAOs. The requirements apply to the extent the Immigrant children and youth served under the subgrant are also ELs.
ACTION: Member Straus moved to approve the CDE staff recommendation.
Member Holaday seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, and Rucker
No votes: None
Members Absent: Student Member Shimozaki and Member Ortiz-Licon
Abstentions: None
Recusals: None
The motion passed with 9 votes.
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4 California State Board of Education AGENDA –May 6-7, 2015
Item 15 Subject: STATE BOARD PROJECTS AND PRIORITIES. Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board appointments and direction to staff; declaratory and commendatory resolutions; Bylaw review and revision; Board policy; approval of minutes; Board liaison reports; training of Board members; and other matters of interest. Type of Action: Action, Information
SBE Recommendation: The SBE staff recommends that the SBE approve the Preliminary Report of Actions/Minutes for the March 11-12, 2015 meeting (Attachment 1 to the Item).
ACTION: Member Burr moved to approve the Preliminary Report of Actions/Minutes for the March 11-12, 2015 meeting.
Member Molina seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, and Rucker
No votes: None
Member Absent: Student Member Shimozaki
Abstentions: None
Recusals: None
The motion passed with 10 votes.
*** PUBLIC HEARINGS ***
President Kirst opened the public hearing at approximately 1:15 p.m.
President Kirst closed the public hearing at approximately 1:37 p.m.
Item 04
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5 California State Board of Education AGENDA –May 6-7, 2015
Subject: Wisdom Academy for Young Scientists: Take Action to Uphold Los Angeles County Office of Education Revocation of Wisdom Academy for Young Scientists Charter Pursuant to California Education Code Section 47607(f)(4). Type of Action: Action, Information, Hearing
CDE Recommendation: The CDE recommends that the SBE hold a public hearing to consider the CDE’s recommendation to uphold the LACOE revocation of WAYS. The Meeting Notice for the SBE ACCS Web page is located at http://www.cde.ca.gov/be/cc/cs/accsnotice040815.asp.
ACTION: Member Holaday moved to approve the CDE staff recommendation to uphold the LACOE revocation of WAYS
Member Williams seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, and Rucker
No votes: None
Member Absent: Student Member Shimozaki
Abstentions: None
Recusals: None
The motion passed with 10 votes.
President Kirst opened the public hearing at approximately 2:25 p.m.
President Kirst closed the public hearing at approximately 2:30 p.m.
Item 05 Subject: Thrive Public Schools: Consider a Material Revision of the Charter to Change from Kindergarten and Grade Six to Kindergarten through Grade Eight. Type of Action: Action, Information, Hearing
California Department of Education Recommendation: The CDE recommends that the SBE hold a public hearing to consider the CDE’s recommendation to conditionally approve, with one condition and seven technical amendments, the request for a material revision to the TPS charter petition to change from kindergarten and grade six
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6 California State Board of Education AGENDA –May 6-7, 2015 to kindergarten through grade eight as specified on p. 1 of Attachment 1 of Agenda Item 07 on the ACCS April 8, 2015, Meeting Notice on the SBE ACCS Web page located at http://www.cde.ca.gov/be/cc/cs/documents/accs-apr15item06a1.doc.
Advisory Commission on Charter Schools Recommendation The ACCS considered the TPS material revision at its April 8, 2015, meeting. The ACCS voted unanimously to accept the CDE recommendation that the SBE approve the material revision for TPS to change from kindergarten and grade six to kindergarten through grade eight.
ACTION: Member Holaday moved to approve the CDE staff recommendation.
Member Williams seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, and Rucker
No votes: None
Member Absent: Student Member Shimozaki
Abstentions: None
Recusals: None
The motion passed with 10 votes.
President Kirst opened the public hearing at approximately 2:53 p.m.
President Kirst closed the public hearing at approximately 3:12 p.m.
Item 06 Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Baypoint Preparatory Academy which was denied by the Hemet Unified School District and the Riverside County Board of Education. Type of Action: Action, Information, Hearing
CDE Recommendation: The CDE recommends that the SBE hold a public hearing to approve, with technical amendments as specified within this item and Attachment 1 of Agenda Item 06 on the Advisory Commission on Charter Schools (ACCS) April 8, 2015, Meeting Notice on the SBE ACCS Web page located at
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7 California State Board of Education AGENDA –May 6-7, 2015 http://www.cde.ca.gov/be/cc/cs/documents/accs-apr15item10a1.doc, the petition to establish BPA, a kindergarten through grade twelve school, for a five-year term effective July 1, 2015, through June 30, 2020, under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(5), and California Code of Regulations, Title 5 (5 CCR) Section 11967.5. The Meeting Notice on the SBE ACCS Web page is located at http://www.cde.ca.gov/be/cc/cs/accsnotice040815.asp. The CDE will conduct a pre-opening site visit at least 30 days prior to the scheduled opening date. Written authorization from the CDE would be required prior to the operation of any additional facility.
ACCS Recommendation: The ACCS considered the BPA charter petition at its April 8, 2015, meeting. The ACCS voted to recommend that the SBE approve the charter petition to establish BPA under the oversight of the SBE. The motion passed by a vote of seven to one.
Subsequent to the April 8, 2015, ACCS meeting, the CDE changed the recommendation regarding the petition to establish BPA after reviewing the petitioner’s responses to the CDE’s findings provided in a letter dated April 6, 2015. The original CDE recommendation presented to the ACCS on April 8, 2015, states that the CDE proposes to recommend that the SBE hold a public hearing to deny the petition to establish BPA, a kindergarten through grade twelve school, under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(5), and 5 CCR Section 11967.5, that the petitioner is unlikely to successfully implement the program set forth in the petition and the petition does not provide a reasonably comprehensive description of the 16 charter elements.
ACTION: Member Holaday moved to approve the CDE staff recommendation.
Member Sun seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, and Rucker
No votes: None
Member Absent: Student Member Shimozaki
Abstentions: None
Recusals: None
The motion passed with 10 votes.
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8 California State Board of Education AGENDA –May 6-7, 2015
President Kirst opened the public hearing at approximately 3:39 p.m.
President Kirst closed the public hearing at approximately 4:02 p.m.
Item 07 Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Paramount Collegiate Academy which was denied by the San Juan Unified School District and the Sacramento County Office of Education. Type of Action: Action, Information, Hearing
CDE Recommendation: The CDE recommends that the SBE hold a public hearing to approve, with technical amendments as specified within this item and in Attachment 1 of Agenda Item 09 on the Advisory Commission on Charter Schools (ACCS) April 8, 2015, Meeting Notice on the SBE ACCS Web page located at http://www.cde.ca.gov/be/cc/cs/documents/accs-apr15item09a1.doc, the petition to establish PCA, a grade six through grade twelve school, for a five-year term effective July 1, 2015, through June 30, 2020, under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(5), and California Code of Regulations, Title 5 (5 CCR) Section 11967.5. The Meeting Notice for the SBE ACCS Web page is located at http://www.cde.ca.gov/be/cc/cs/accsnotice040815.asp. The CDE will conduct a pre-opening site visit at least 30 days prior to the scheduled opening date. Written authorization from the CDE would be required prior to the operation of any additional facility.
ACCS Recommendation: The ACCS considered the PCA charter petition at its April 8, 2015, meeting. The ACCS voted to accept the CDE staff recommendation to deny the charter petition to establish PCA under the oversight of the SBE. The motion passed by a vote of five to four.
Subsequent to the April 8, 2015, ACCS meeting, the CDE changed the recommendation regarding the petition to establish PCA after reviewing the petitioner’s responses to the CDE’s charter school petition review provided by the petitioner in a memorandum dated April 6, 2015. The original CDE recommendation presented to the ACCS on April 8, 2015, states that the CDE proposes to recommend that the SBE hold a public hearing to deny the petition to establish PCA, a grade six through grade twelve school, under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(5), and California Code of Regulations, Title 5 (5 CCR) Section 11967.5, that the petitioner is unlikely to successfully implement the program set forth in the petition and the petition does not provide a reasonably comprehensive description of the 16 charter elements.
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9 California State Board of Education AGENDA –May 6-7, 2015
ACTION: Member Molina moved to deny the Paramount Collegiate Academy Charter petition.
Member Rucker seconded the motion.
Member Molina withdrew her motion. Member Rucker concurred.
Member Holaday moved to approve the CDE staff recommendation to approve, with technical amendments, the Paramount Collegiate Academy Charter petition.
Member Williams seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Kirst, Straus, Burr, and Ortiz- Licon
No votes: Member Rucker
Member Absent: Student Member Shimozaki
Abstentions: Member Molina
Recusals: None
The motion passed with 8 votes.
President Kirst opened the public hearing at approximately 5:35 p.m.
President Kirst closed the public hearing at approximately 5:59 p.m.
Item 08 Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Wei Yu International Charter School which was denied by the Moreland School District and the Santa Clara County Office of Education. Type of Action: Action, Information, Hearing
CDE Recommendation: The CDE recommends that the SBE hold a public hearing to consider the CDE’s recommendation to deny the charter petition to establish WYICS under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(5), and California Code of Regulations, Title 5 (5 CCR) Section 11967.5, that the petitioner is unlikely to successfully implement the program set forth in the petition and the petition does not provide a reasonably comprehensive description of
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10 California State Board of Education AGENDA –May 6-7, 2015 the 16 charter elements. The Meeting Notice for the SBE Advisory Commission on Charter Schools (ACCS) Web page is located at http://www.cde.ca.gov/be/cc/cs/accsnotice040815.asp.
ACCS Recommendation: The ACCS considered the WYICS charter petition at its April 8, 2015, meeting. The ACCS voted to accept the CDE staff recommendation to deny the charter petition to establish WYICS under the oversight of the SBE. The motion passed by a vote of five to four.
ACTION: Member Williams moved to approve the petition to establish Wei Yu International Charter School for a five-year term effective July 1, 2015, through June 30, 2020, under the oversight of the SBE with the following conditions:
1. Wei Yu’s governing board will meet, as needed, during the summer months for expulsion hearings. 2. Wei Yu will include the PTO and or Site Council in development of the school’s LCAP. 3. Wei Yu will make technical amendments to the charter petition to reflect the April 6, 2015 and May 1, 2015 letters and the technical amendments recommended in the May item. 4. Wei Yu will provide the CDE with a description of any special education alignment considerations that may exist solely due to the language immersion and Wei Yu will provide the specifics on the English language development instruction that takes place during the 10% that is English.
Member Burr seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Kirst, Straus, Burr, and, Ortiz- Licon
No votes: Member Rucker
Member Absent: Student Member Shimozaki
Abstentions: Member Molina
Recusals: None
The motion passed with 8 votes.
*** END OF PUBLIC HEARINGS ***
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11 California State Board of Education AGENDA –May 6-7, 2015
** ADJOURNMENT OF DAY’S SESSION ** President Kirst adjourned the meeting at approximately 7:00 p.m.
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12 California State Board of Education AGENDA –May 6-7, 2015
CALIFORNIA STATE BOARD OF EDUCATION
Public Session May 7, 2015
President Kirst called the meeting to order at approximately 8:30 a.m.
Call to Order Salute to the Flag Communications Announcements
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
Secretary & Executive Officer Tom Torlakson, SSPI
Members Absent None
AGENDA ITEMS
Item 9 Subject: Elementary and Secondary Education Act: Approve Amendment to California’s Consolidated State Application Accountability Workbook Related to the Title I Accountability System.
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13 California State Board of Education AGENDA –May 6-7, 2015
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve one additional amendment to California’s 2015 Accountability Workbook, which would impact the 2015 Adequate Yearly Progress (AYP) determinations.
ACTION: No Action Taken. The item was deferred to the July 2015 SBE meeting.
Item 10 Subject: Developing a New Accountability System: Discussion on System Coherence to Support Continuous Improvement in California’s New Accountability System; Update on the Local Control Funding Formula including Evaluation Rubrics as specified in California Education Code Section 52064.5 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 11 Subject: California State Plan for the Workforce Investment Act, Title II: Adult Education and Family Literacy Act: Extension and Transition to Workforce Innovation and Opportunity Act, 2015–16 Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve the CSP for the WIA, Title II: AEFLA for 2015–16 (which includes the proposed performance goals and transition plan to WIOA).
ACTION: Member Straus moved to approve the CDE staff recommendation.
Member Rucker seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Molina, Kirst, Straus, Burr, Ortiz-Licon, and Rucker
No votes: None
Member Absent: Student Member Shimozaki
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14 California State Board of Education AGENDA –May 6-7, 2015
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Item 12 Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval and/or Denials of Applicants Based on Appeal for the 2015–17 State Board of Education Approved Supplemental Educational Services Provider List. Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve providers for a two-year period beginning July 1, 2015, through June 30, 2017.
The summary list of providers recommended for approval based on appeals is provided as Attachment 1. The summary list of providers not recommended for approval based on appeal is provided as Attachment 2. The summary list of providers deemed inadequate that failed to submit an appeal is provided as Attachment 3.
ACTION: Member Burr moved to approve the CDE staff recommendation.
Member Rucker seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Kirst, Straus, Burr, Ortiz-Licon, and Rucker
No votes: Member Molina and Student Member Shimozaki
Member Absent: Member Williams
Abstentions: None
Recusals: None
The motion passed with 8 votes.
Item 13 Subject: Elementary and Secondary Education Act, Section 9401 Waiver Request for Supplemental Educational Services.
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15 California State Board of Education AGENDA –May 6-7, 2015
Type of Action: Action, Information
CDE Recommendation: The CDE recommends the SBE approve the attached waiver request to the ED to waive the provisions of Section 1116(e) of the ESEA to allow LEAs that have Title I schools in PI to provide extended day intervention strategies to low income students who are academically deficient in ELA, mathematics, and/or science using SES set aside funds. The CDE also recommends that the SBE give authority to the SBE President to make technical changes to the waiver before it is submitted to the ED, as deemed necessary. See Attachment 1.
ACTION: Member Sandoval moved to approve the CDE staff recommendation.
Member Molina seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Molina, Kirst, Straus, Burr, Ortiz-Licon, Shimozaki, and Rucker
No votes: None
Member Absent: Member Williams
Abstentions: None
Recusals: None
The motion passed with 10 votes.
ITEM PULLED Item 14 Subject: California Educator Equity Plan: Proposed Response to the U.S. Department of Education Request for a New Plan.
***WAIVERS ON CONSENT*** W-1 through W-14
CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding) Item W-01
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16 California State Board of Education AGENDA –May 6-7, 2015
Subject: Requests by four local educational agencies to waive portions of California Code of Regulations, Title 5, Section 11963.6(a) and (c), relating to the submission and action on determination of funding requests regarding nonclassroom-based instruction. Waiver Numbers: Glenn County Office of Education 21-1-2015 Kings Canyon Joint Unified School District 8-2-2015 New Jerusalem Elementary School District 2-2-2015 Ravendale-Termo Elementary School District 18-2-2015
CDE Recommendation: Approval
INDEPENDENT STUDY PROGRAM (Pupil Teacher Ratio) Item W-02 Subject: Request by Alpaugh Unified School District for 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 ratio to allow an increase from 25:1 to a 27.5:1 pupil- to-teacher ratio at Central California Connections Academy Charter School. Waiver Number: 12-1-2015
CDE Recommendation: Approval with Conditions
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: Fremont Unified School District 7-2-2015 Redlands Unified School District 15-1-2015 Redlands Unified School District 16-1-2015
CDE Recommendation: Approval with Conditions
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School)) Item W-04 Subject: Request by four 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: Chula Vista Elementary School District 6-1-2015 Kings County Office of Education 23-1-2015 Madera County Office of Education 18-12-2014
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17 California State Board of Education AGENDA –May 6-7, 2015
National Elementary School District 17-12-2014
CDE Recommendation: Approval with Conditions
STATE TESTING APPORTIONMENT REPORT Item W-05 Subject: Request by ten local educational agencies to waive the State Testing Apportionment Information Report deadline of December 31 in the California Code of Regulations, Title 5, Section 11517.5(b)(1)(A), regarding the California English Language Development Test; or Title 5, Section 1225(b)(2)(A), regarding the California High School Exit Examination; or Title 5, Section 862(c)(2)(A), regarding the Standardized Testing and Reporting Program. Waiver Numbers: Chowchilla Union High School District 1-1-2015 Guerneville Elementary School District 3-2-2015 Lake Elsinore Unified School District 22-1-2015 Mariposa County Office of Education 19-1-2015 Mariposa County Unified School District 18-1-2015 Newman-Crows Landing Unified School District 11-1-2015 Poway Unified School District 4-2-2015 Rowland Unified School District 19-2-2015 San Marcos Unified School District 12-2-2015 Vallecitos Elementary School District 26-1-2015
CDE Recommendation: Approval
COMMUNITY DAY SCHOOLS (CDS) (Commingle Grade Levels) Item W-06 Subject: Request by Novato Unified School District for a waiver of California Education Code Section 48916(d) and portions of Section 48660, to permit a community day school to serve students in grade six with students in grades seven through ten. Waiver Number: 7-1-2015
CDE Recommendation: Approval with Conditions
EQUITY LENGTH OF TIME (Equity Length of Time) Item W-07 Subject: Request by two school districts to waive California Education Code Section 37202(a), the equity length of time requirement for transitional kindergarten and kindergarten programs at the district’s elementary schools. Waiver Number: Lafayette Elementary School District 6-2-2015 Milpitas Unified School District 2-3-2015 CDE Recommendation: Approval with Conditions
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18 California State Board of Education AGENDA –May 6-7, 2015
PHYSICAL FITNESS TESTING Item W-08 Subject: Request by Napa Valley Unified School District to waive portions of the California Education Code Section 60800(a), relating to Physical Fitness Testing, specifically to suspend Body Composition assessment for fifth and seventh grade students participating in a statewide school-based fitness study during the 2014–15 and 2015–16 school years. Waiver Number: 10-2-2015
CDE Recommendation: Approval
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Unified after 2000) Item W-09 Subject: Request by two districts to waive California Education Code sections 15102 and 15268, related to bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for elementary and high school districts. Proposition 39 of 2000 bonds limit the tax rate levy authorized in each election to $30 per $100,000 of assessed value for elementary and high school districts. Waiver Numbers: El Monte City School District 25-1-2015 Greenfield Union Elementary School District 16-2-2015
CDE Recommendation: Approval with Conditions
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement) Item W-10 Subject: Request by seven school districts to 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 Numbers: Banning Unified School District 30-2-2015 Chatom Union School District 1-2-2015 Garden Grove Unified School District 13-1-201 Keyes Union School District 13-2-2015 Perris Elementary School District 5-3-2015 Pomona Unified School District 25-2-2015 William S. Hart Union High School District 7-3-2015
CDE Recommendation: Approval
SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District) Item W-11
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19 California State Board of Education AGENDA –May 6-7, 2015
Subject: Request by Maple Creek Elementary School District to waive California Education Code Section 35780(a), which requires lapsation of a district with an average daily attendance of less than six. Waiver Number: 10-3-2015
CDE Recommendation: Approval
SCHOOLSITE COUNCIL STATUTE (Shared and Composition of Members) Item W-12 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: Alview-Dairyland Union Elementary School District 20-2-2015 Big Lagoon Union Elementary School District 14-2-2015 Carpinteria Unified School District 3-1-2015 Carpinteria Unified School District 4-1-2015 Carpinteria Unified School District 5-1-2015 Columbia Elementary School District 17-2-2015 Hanford Elementary School District 27-1-2015 Mt. Shasta Union Elementary School District 24-1-2015 Stanislaus County Office of Education 14-1-2015
CDE Recommendation: Approval with Conditions
STATE MEAL MANDATE (Summer School Session) Item W-13 Subject: Request by four school districts under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the summer school session. Waiver Number: Eastern Sierra Unified School District 9-2-2015 Liberty Elementary School District 15-2-2015 Sierra-Plumas Joint Unified School District 5-2-2015 Wiseburn Elementary School District 11-3-2015
CDE Recommendation: Approval
SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property) Item W-14 Subject: Request by Bayshore Elementary School District to waive California Education Code sections 17472, 17473, and 17474 and portions of 17455, 17466, 17468, 17469, 17470, 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
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20 California State Board of Education AGENDA –May 6-7, 2015 from the sale. The district property for which the waiver is requested is located at 1 Martin Street, Daly City, CA, Robertson Intermediate School site. Waiver Number: 24-2-2015
CDE Recommendation: Approval with Conditions
ACTION: Member Sun moved to approve the CDE staff recommendations on each waiver item (W-1 through W-14) on consent.
Member Molina seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Molina, Kirst, Straus, Burr, Ortiz-Licon, Shimozaki, and Rucker
No votes: None
Member Absent: Member Williams
Abstentions: None
Recusals: None
The motion passed with 10 votes.
END OF WAIVERS
***REGULAR CONSENT ITEMS*** Item 17 through Item 25
Item 17 Subject: Approval of 2014–15 Consolidated Applications. Type of Action: Action, Information
CDE recommendation: The CDE recommends that the SBE approve the 2014–15 ConApps submitted by LEAs in Attachment 1.
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21 California State Board of Education AGENDA –May 6-7, 2015
Item 18 Subject: Update on the Revision of the History–Social Science Framework for California Public Schools: Progress of Development and Revised Timeline. Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve the revised timeline for the completion of the History–Social Science Framework in Attachment 1.
Item 19 Subject: The Superintendent’s Quality Professional Learning Standards; professional learning standards based upon recommendations in Greatness by Design, the Educator Excellence Task Force report sponsored by the California Department of Education and the Commission on Teacher Credentialing. Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE adopt the QPLS so the IQC may incorporate them into frameworks as appropriate.
Item 20 Subject: Reconsideration of a Request for Determination of Funding as Required for a Nonclassroom-based Charter School Pursuant to California Education Code sections 47612.5 and 47634.2, California Code of Regulations Section 11963.6(g), and Associated California Code of Regulations, Title 5. Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve a 100 percent funding determination, replacing the denial of the funding determination, which is currently in effect for fiscal years (FYs) 2013‒14 through 2014‒15.
Advisory Commission on Charter Schools Recommendation: The ACCS met on April 8, 2015, and voted unanimously to approve the CDE recommendation that the SBE approve the determination of funding as provided in Attachment 1.
Item 21 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, and Associated California Code of Regulations, Title 5. Type of Action: Action, Information
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22 California State Board of Education AGENDA –May 6-7, 2015
CDE Recommendation: The CDE proposes to recommend that the SBE approve the determinations of funding and the periods specified for the 25 nonclassroom-based charter schools as provided in Attachment 1.
Advisory Commission on Charter Schools Recommendation: The ACCS met on February 10, 2015, and voted unanimously to approve the CDE recommendation that the SBE approve the determination of funding and the period specified for Renew Virtual Academy K12 #1 as provided in Table 1 of Attachment 1.
The ACCS met on April 8, 2015, and voted unanimously to approve the CDE recommendation that the SBE approve the determinations of funding and the periods specified for the 24 nonclassroom-based charter schools as provided in Table 2 of Attachment 1.
Item 22 Subject: Consideration of “Reasonable Basis”/Mitigating Circumstances Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5. Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve the mitigating circumstances requests and the proposed determination of funding for charter schools that offer nonclassroom-based instruction as provided in Attachment 1.
Advisory Commission on Charter Schools Recommendation: The ACCS met on April 8, 2015, and voted unanimously to approve the CDE recommendation that the SBE approve the mitigating circumstances requests and the determinations of funding as provided in Attachment 1.
Item 23 Subject: Consideration of a Retroactive Request for Determination of Funding as Required for a Nonclassroom-based Charter School Pursuant to California Education Code sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5. Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve the determination of funding as provided in Attachment 1.
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23 California State Board of Education AGENDA –May 6-7, 2015
Advisory Commission on Charter Schools Recommendation: The ACCS met on April 8, 2015, and voted unanimously to approve the CDE recommendation that the SBE approve the determination of funding as provided in Attachment 1.
Item 24 Subject: Revise the Charter Term for OnePurpose School from January 16, 2015, through June 30, 2019, to July 1, 2015, through June 30, 2020. Type of Action: Action, Information
CDE Recommendation: The CDE proposes to recommend that the SBE approve the revised five-year charter term for OPS beginning July 1, 2015, through June 30, 2020.
Item 25 Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools. Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE assign charter numbers to the charter schools identified in Attachment 1.
ACTION: Member Straus moved to approve the CDE staff recommendations on each item on consent (Item 17 through Item 25).
Member Shimozaki seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Molina, Kirst, Straus, Burr, Ortiz-Licon, Shimozaki, and Rucker
No votes: None
Member Absent: Member Williams
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Item 16
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24 California State Board of Education AGENDA –May 6-7, 2015
Subject: GENERAL 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: Information
ACTION: No Action Taken.
** ADJOURNMENT OF MEETING ** President Kirst adjourned the meeting at approximately 6:00 p.m.
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