Corrected Final Minutes July 12-13, 2006 - SBE Minutes (CA ...



California Department of Education

1430 N Street, Room 1101

Sacramento, California

Members Present

Kenneth Noonan, Vice President

Alan Bersin

Yvonne Chan

Don Fisher

Paul Gardner III

Ruth E. Green

David Lopez

Joe Nuñez

Johnathan Williams

Ruth Bloom

Vacant

Members Absent

None

Secretary and Executive Officer

Gavin Payne, Chief Deputy Superintendent of Public Instruction

Call to Order at 9:00 a.m.

Vice President Noonan called the meeting to order, announcing that a quorum of members of the California State Board of Education (the “SBE” or the “Board”) was present and welcoming the public to the meeting.

Vice President Noonan provided announcements regarding the structure and duration of the meeting, stating that any business agendized for Wednesday that could not be finished would be carried forward to Thursday.

Salute to the Flag

Mr. Payne led the Board and the audience in the Pledge of Allegiance

Approval of Minutes (March 8-9, 2006, April 17, 2006, and May 10-11, 2006)

The Board took action to approve the minutes from the previous board meetings.

Superintendent’s Report

Chief Deputy Superintendent Gavin Payne provided a report on various projects and priorities on behalf of Superintendent O’Connell.

Announcements/Agenda Changes

Vice President Noonan reported on the resignation of Glee Johnson from the State Board and stated that, as Vice President, he would preside over the Board meeting until a new President had been elected.

Vice President Noonan introduced Dr. David Lopez, the newly appointed member of the Board. Dr. Lopez is President of the National Hispanic University in San Jose. Prior to heading the National Hispanic University, Dr. Lopez was a professor and administrator at CSU Fresno for 22 years, within the School of Education and Human Development. Dr. Lopez has a doctorate in education with a concentration in curriculum and instruction.

Vice President Noonan also announced that the July meeting would be the last for Paul Gardner III, Student Member of the Board, as his term expired on July 31. He invited Board members to say a few words about Mr. Gardner and his work as a Board member. He also announced a reception in Member Gardner’s honor following the Board meeting.

Vice President Noonan announced the following changes to the Agenda:

o Item 39 would be heard immediately before Item 1.

o Item 38 would be heard immediately before Item 4.

o Closed session would be held Thursday morning at 8:00 am.

o If the Board heard all items scheduled for Wednesday more quickly than anticipated, the Board could elect to move items scheduled for Thursday to Wednesday. Moving the items would occur only if no member of the public had previously indicated a desire to speak on an item originally scheduled for Thursday.

Public Agenda Items

|ITEM 39 |Board Officers: Election of President and Vice President |ACTION INFORMATION |

Vice President Noonan began by stating that Chief Deputy Payne would preside over the election of new Board officers. Mr. Payne led the Board in electing new officers. The Board took the following actions:

• ACTION: Mr. Bersin moved that:

a) There exists a need to take immediate action to conduct an election for President and Vice-president, pursuant to Art. IV, Sec. 2(g) of the State Board of Education bylaws, which says "In the event a vacancy occurs in the office of president or vice president during the year, an election shall be held at the next meeting";  and

b) That the need for action came to the attention of the SBE subsequent to the agenda being posted (on Thursday June 29). This action is necessary as a result of Glee Johnson’s resignation on the afternoon of June 30. Mr. Gardner seconded the motion. The motion was approved by a vote of 10-0.

• ACTION: Mr. Bersin nominated Ken Noonan for election to the office of president for 2006. Ms. Chan seconded the nomination.

• ACTION: Ms. Green nominated Ruth Bloom for election to the office of vice president for 2006. Mr. Nuñez seconded the nomination.

• ACTION: Mr. Williams moved to elect Ken Noonan to the office of president and Ruth Bloom to the office of vice president. Ms. Chan seconded the motion. The motion was approved by a vote of 10-0.

|ITEM 1 |STATE BOARD PROJECTS AND PRIORITIES. |INFORMATION |

| |Including, but not limited to, future meeting plans; agenda items; State Board office budget; |ACTION |

| |staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on| |

| |litigation; bylaw review and revision; review of the status of State Board-approved charter schools| |

| |as necessary; Board Liaison Reports; and other matters of interest. | |

Board members Chan and Bloom provided reports on projects and priorities they have been working on since the previous meeting.

➢ NO ACTION WAS TAKEN ON THIS ITEM.

|ITEM 2 |PUBLIC COMMENT. |INFORMATION |

| |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. | |

Members of the public addressed the Board for up to two minutes each on topics of interest to them that are not included in the Board’s agenda for this meeting. President Noonan thanked each for their comments and their interest in participating in the Board’s meeting.

➢ NO ACTION WAS TAKEN ON THIS ITEM.

|ITEM 3 |Appoint William Padia as Deputy Superintendent of the Assessment and Accountability Branch|ACTION INFORMATION |

| |in accordance with Article IX, Section 2.1, of the Constitution of the State of California| |

President Noonan requested that Chief Deputy Payne provide a recommendation to the Board for the appointment of an individual to hold one of the four Board-appointed positions within the California Department of Education, pursuant to Article IX, Section 2.1, of the Constitution of the State of California. Mr. Payne recommended that the Board appoint William Padia who is currently the acting Deputy Superintendent of the Assessment and Accountability Branch. After several board members commended Mr. Padia for his dedication to education in California, President Noonan asked Mr. Padia whether he would swear to conduct himself in accordance with SBE Policy 2. Mr. Padia agreed to do so. The Board then took the following action:

• ACTION: Ms. Chan moved to appoint William Padia as Deputy Superintendent of the Assessment and Accountability Branch in accordance with Article IX, Section 2.1, of the Constitution of the State of California and the provisions of the State Board of Education (SBE) Policy Number 2: Policy for the Appointment of Constitutional Officers. Ms. Green seconded the motion. The motion was approved by a vote of 10-0.

|ITEM 38 |State Board's Budget and Staffing Under New State Budget |ACTION INFORMATION |

President Noonan introduced this item and announced the Board’s Executive Director, Mr. Roger Magyar who provided the Board with an update on budget and staffing matters for the Board. Mr. Magyar provided the Board with four options to consider regarding the legislature’s failure to fund the Board’s budget for fiscal year 2006-07. Several members of the Board commented on this matter. Mr. Bersin conveyed Governor Schwarzenegger’s continued support for the Board and commitment to resolving the Board’s budget matter as soon as possible. Mr. Gavin Payne agreed, on behalf of the Superintendent of Public Instruction, that the CDE would cover the Board’s budget at least until the Board’s September 2006 Board meeting and that there would be no reassignment of the Board’s classified staff. Following Board comment and deliberation on this matter, the Board took the following action:

• ACTION: Ms. Chan moved that the SBE take no immediate action regarding the Board’s budget, provided that there is no change to the agreement reached with Mr. Payne. Ms. Green seconded the motion. The motion was approved by a vote of 10-0.

|ITEM 4 |Legislative update, including, but not limited to information on legislation from the |ACTION INFORMATION |

| |2005-06 session | |

President Noonan announced Ms. Lupita Cortez Alcala, from the CDE Governmental Affairs Division, who presented the item. Following Ms. Alcala’s presentation of the item, Board members asked questions about several pieces of legislation. President Noonan presented a recommended approach to enable the Board to engage in legislative matters. Following Board discussion on the matter, the Board took the following actions:

• ACTION: Ms. Bloom moved to oppose SB 1580 (Ducheny). Mr. Williams seconded the motion. The motion was approved by a vote of 7-2 with Mr. Lopez abstaining.

• ACTION: Mr. Fisher moved to oppose SB 1769 (Escutia). Ms. Green seconded the motion. The motion failed by a vote of 5-2.

• ACTION: Mr. Noonan moved to request the Board reconsider its previous action regarding SB 1769. Mr. Nuñez seconded the motion. The motion was approved by a vote of 8-1.

• ACTION: Mr. Williams moved to oppose SB 1769. Ms. Green seconded the motion. The motion was approved by a vote of 6-2 with Mr. Bersin and Mr. Lopez abstaining.

|ITEM 5 |California Fresh Start (CFS) Pilot Program, Senate Bill (SB) 281 (Maldonado) Regulations: |ACTION INFORMATION |

| |Approve proposed amendments | |

President Noonan announced Phyllis Bramson-Paul, director of the Nutrition Services Division, who presented the item. Following Ms. Bramson-Paul’s description of the item, Board members asked questions about the proposed amendments to the regulations. Following deliberation on the item, the Board took the following action:

• ACTION: Mr. Williams moved to:

o Approve the proposed amendments to the regulations; and

o Direct CDE to complete the rulemaking package and submit the amended regulations to the Office of Administrative Law for approval.

Ms. Chan seconded the motion. The motion was approved by a vote of 7-2 with Mr. Lopez abstaining.

|ITEM 6 |Reading First: Approve recommendations for Spanish assessments and teacher training that |ACTION |

| |have been considered by the English Learner Advisory Committee |INFORMATION |

President Noonan announced Donald Kairott, Director of the Professional Development and Curriculum Support Division, who presented the item. Following Mr. Kairott’s description of the item, Board members asked questions about the work of the English Learner Advisory Committee. Following deliberation on the item, the Board took the following action:

• ACTION: Ms. Green moved to approve the recommendations for revision to the Reading First Spanish End-of-Year Assessments, 6-8 Week Skills Assessments, and Professional Development as proposed by the Reading First English Learner Advisory Committee (ELAC) and recommend the items outside of the scope of the contractor’s work be returned to the ELAC for further study and recommendations. Ms. Chan seconded the motion. The motion was approved by a vote of 9-0 with Mr. Lopez abstaining.

|ITEM 7 |Reading First: Regulations – Approve Proposed Amendments to Regulations for Reading First |ACTION |

| |Achievement Index/Definition of Significant Progress for a Second 15-Day Comment Period |INFORMATION |

President Noonan asked Donald Kairott, Director, Professional Development and Curriculum Support Division, to present the item. Following Mr. Kairott’s description of the item, Board members asked questions about the definition of significant progress. Following deliberation on the item, the Board took the following action:

• ACTION: Mr. Nuñez moved to approve the proposed amendments to the regulations:

o Direct that the proposed amendments be circulated for a second 15-day public comment period in accordance with the Administrative Procedure Act;

o If no objections to the revisions are received during the second 15-day public comment period, the CDE shall complete the rulemaking package and submit the amended regulations to the Office of Administrative Law for approval; and

o If substantive objections to the revisions are received during the second 15-day public comment period, the CDE shall place the amended regulations on the SBE’s September 2006 agenda for action following consideration of the comments received.

Ms. Green seconded the motion. The motion was approved by a vote of 9-0 with Mr. Lopez abstaining.

|ITEM 8 |No Child Left Behind Act of 2001, Title II, Part A: Approve Proposed Plan of Detailed |ACTION INFORMATION |

| |Activities to Meet the Highly Qualified Teacher Requirements by the End of the One Year | |

| |Extension, June 30, 2007 | |

President Noonan asked Donald Kairott, Director, Professional Development and Curriculum Support Division, to present the item. He indicated that the US Department of Education (ED) was extending, by one year, the deadline to satisfy the NCLB Highly Qualified Teachers requirement to California (and certain other states) if California developed and submitted a plan containing specific activities to ensure that all core academic subjects teachers would highly qualified by June 2007. The Board item contained the proposed plan for which the Department was requesting Board approval so that it could be submitted immediately to the ED.

Ms. Chan asked whether the High Objective Uniform State Standard of Evaluation (HOUSSE) process would continue to be available beyond June 2007. Mr. Kairott explained that ED staff indicated they believe HOUSSE options should terminate for all teachers except certain special education and rural, small school teachers. Nevertheless, he continued, the California Department of Education does not believe ED has the authority to terminate states’ HOUSSE procedures since HOUSSE was created as part of the NCLB Act and was never given a sunset date.

Following discussion of this matter, the Board took the following action:

• ACTION: Mr. Nuñez moved to approve the plan of activities detailing the new innovative actions the CDE and local educational agencies (LEAs) will take to reach the No Child Left Behind (NCLB) Highly Qualified Teacher (HQT), 100 percent compliant goal by June 30, 2007, and beyond. Ms. Bloom seconded the motion. The motion was approved by a vote of 10-0.

|ITEM 9 |School Accountability Report Card: Approve Proposed Template and Data Definitions for the |ACTION |

| |2006-07 School Year |INFORMATION |

President Noonan introduced Ms. Rachel Perry, manager in the Policy and Evaluation Division, who presented the item. Ms. Perry presented several changes to the School Accountability Report Card (SARC) template and data definitions that CDE is recommending that the Board approve to improve the SARC. Following Ms. Perry’s presentation, several Board members asked questions about the SARC template and changes thereto. Member Green specifically asked for greater explanation of the school’s academic performance information. Following thorough discussion of this matter, the Board took the following action:

▪ ACTION: Ms. Bloom moved to approve the proposed template and data definitions for School Accountability Report Cards published in the 2006-07 school year as recommended by staff with minor technical changes to the following tables:

• Add district level comparative information to the Suspensions and Expulsions table in the template (Page 3 of 13; Attachment 2) and amend the corresponding data definition (Page 14 of 57; Attachment 3).

• Add a sentence to the Teacher Credentials table description that indicates additional data on teacher experience is available through the DataQuest Web site (Page 4 of 13; Attachment 2).

• Correct the definition of vacant teacher position in the description of the Teacher Misassignments and Vacant Teacher Positions table (Page 4 of 14; Attachment 2).

• Amend the Quality, Currency, and Availability of Textbooks and Instructional Materials table (Page 5 of 13; Attachment 2) – the third column header will read “Percent of Pupils Who Lack Their Own Assigned Textbook or Instructional Materials” and amend the data definition (Page 24 of 57; Attachment 3) to include the full citation from Education Code 60119 rather than a reference to that section.

• Change column headers for the API Growth by Student Group – Three-Year Comparison table (Page 9 of 13; Attachment 2). “Actual API Growth” will now read “Actual API Change” and “2006 API Growth Score” will read “2006 API Score”. The corresponding change will be made to the table description and the data definition (Page 40 of 57; Attachment 3).

• Add district and state level comparative information to the Dropout Rate and Graduation Rate table (Page 10 of 13; Attachment 2) and accompanying data definition (Page 44 of 57; Attachment 3).

• Add a sentence to the Courses for University of California and/or California State University Admission table (Page 11 of 13; Attachment 2) that indicates additional information in this area is available through the DataQuest Web site.

• Add the percent of students enrolled in Advanced Placement (AP) courses to the Advanced Placement Courses table (Page 12 of 13; Attachment 2) and modify the corresponding data definition (Page 50 of 57; Attachment 3). Also bolster the data definition to encourage LEA staff to report any International Baccalaureate courses offered at the school and the number and titles of AP courses with corresponding enrollment figures.

Mr. Gardner seconded the motion. The motion was approved by a vote of 10-0.

|ITEM 10 |Update on issues related to California’s implementation of No Child Left Behind and other |ACTION INFORMATION |

| |federal programs – Including, but not limited to, an update on approval from the U.S. | |

| |Department of Education (ED) of amendments to California’s Accountability Workbook | |

President Noonan announced Ms. Diane Levin, Manager, NCLB Policy and Implementation Office, who introduced the item, explaining that the three issues contained within the item would be discussed by three CDE staff.

Patrick McCabe, Acting Director, Policy and Evaluation Division, reported on the status of California’s NCLB Accountability Workbook. He recalled that the Board approved six changes to the Workbook and reported that ED had accepted three of the changes, had rejected two, and had determined that the last was an assessment, rather than an accountability, issue.

Deb Sigman, Director, Standards and Assessment Division, reported on the outcome of the ED Peer Review of California’s standards and assessment system. She stated that California received an “Approval Pending” rating. To improve its rating, California needs to develop descriptors of student knowledge and skill at the basic, proficient, and advanced performance levels in Reading/Language Arts and Mathematics for every grade. In response to questions from the Board, Ms. Sigman described descriptors from other states and described options for developing the descriptors.

• ACTION: Mr. Nuñez moved to authorize CDE and SBE staff to seek reconsideration of the U.S. Department of Education’s decision to place California in the “Approval Pending” category regarding the STAR testing system’s satisfaction of NCLB requirements. Ms. Bloom seconded the motion. The motion was approved by a vote of 10-0.

Ms. Levin concluded the item by briefly describing a condition that was placed on California’s acceptance of federal Title I grant. ED is requiring California to provide a report on its monitoring of public school choice and supplemental educational services providers. Ms. Levin commented that California was the only state given this condition despite the fact that California students participate in school choice at about the same level as students across the nation.

|ITEM 11 |High Priority Schools Grant Program (HPSGP): Amend Definition of Significant Growth and |ACTION INFORMATION |

| |Criteria to Determine Academic Growth for HPSGP Schools Without a Valid Academic | |

| |Performance Index: Approve regulations | |

President Noonan announced Wendy Harris, director of the School Improvement Division, who presented the item. Following Ms. Harris’ description of the item, Board members asked questions about the item. Following deliberation on the item, the Board took the following action:

• ACTION: Ms. Chan moved to approve the proposed amendments to the regulations; and direct CDE staff to submit the adopted regulations to the Office of Administrative Law for final approval and adoption of the rulemaking package. Mr Williams seconded the motion. The motion was approved by a vote of 7-0 with Mr. Nuñez, Mr. Lopez, Ms. Bloom absent for the vote.

|Item 12 |Nonpublic School and Agency Certification: Approve commencement of the Rulemaking Process |Action |

| |for Amendments to Title 5 California Code of Regulations, Part 30 of Education Code Sections|Information |

| |56365 Through 56366.12 | |

President Noonan announced Mary Hudler, Director of the Special Education Division. Ms. Hudler invited Jim Belotti, Manager, Administrative Services Office to discuss the proposed regulations. Mr. Belotti reported that the changes were necessitated by the reauthorized Individuals with Disabilities Education Act (IDEA) and by recent California legislation. Following discussion of this matter, the Board took the following action:

• ACTION: Mr. Nuñez moved to approve the proposed regulations, the Initial Statement of Reasons, and the Notice of Proposed Rulemaking, the Economic and Fiscal Impact Statement, and direct staff to commence the rulemaking process. Ms. Green seconded the motion. The motion was approved by a vote of 7-0 with Mr. Lopez abstaining and Mr. Fisher and Ms. Bloom absent for the vote.

|Item 13 |Appeal of Approval by the Merced County and Stanislaus County Committees on School District |Action |

| |Organization of a Transfer of Territory from the Turlock Unified School District to the |Information |

| |Delhi Unified School District | |

President Noonan announced Scott Hannan, director of the School Fiscal Services Division, who presented the item. Following Mr. Hannan’s description of the item, Board members asked questions about the item. Following deliberation on the item, the Board took the following action:

• ACTION: Ms. Chan moved to adopt the proposed resolution denying the appeal of the Turlock Unified School District (USD), thereby ratifying the action of the Merced County and Stanislaus County Committees on School District Organization (SDO) to approve the petition to transfer territory from the Turlock USD in Stanislaus County to the Delhi USD in Merced County. Mr. Nuñez seconded the motion. The motion was approved by a vote of 7-0 with Mr. Lopez abstaining and Ms. Bloom and Mr. Fisher absent for the vote.

Public Agenda Items: Consent Calendar—Items 14-26

The following were addressed as part of the Board’s items approved on consent; no discussion was had on these items.

|Item 14 |Appeal from a decision of the Orange County Committee on School District Organization to |Action |

| |deny a petition to transfer territory from the ABC Unified School District in Los Angeles |Information |

| |County to the Los Alamitos Unified School District in Orange County | |

▪ ACTION: As part of the consent calendar, Ms. Chan moved to ratify the decision of the Orange County Committee on School District Organization (Orange County Committee) to deny a petition to transfer territory from the ABC Unified School District (USD) in Los Angeles County to the Los Alamitos USD in Orange County by summarily denying review of an appeal of the Orange County Committee action. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|Item 15 |Appeal from a decision of the Santa Clara County Committee on School District Organization |Action |

| |to deny a petition to transfer territory from the Morgan Hill Unified School District to the|Information |

| |San Jose Unified School District in Santa Clara County | |

• ACTION: As part of the consent calendar, Ms. Chan moved to ratify the decision of the Santa Clara County Committee on School District Organization (County Committee) to deny a petition to transfer territory from the Morgan Hill Unified School District (USD) to the San Jose USD by summarily denying review of an appeal of the Santa Clara County Committee action. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|Item 16 |Chief Business Officer Training Program – Approve Training Provider |Action |

| | |Information |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) approve the California State University at Bakersfield as a state-qualified training provider for the Chief Business Officer (CBO) Training Program. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|Item 17 |Chief Business Officer Training Program – Approve Training Candidates |Action |

| | |Information |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) approve candidates nominated by their local educational agencies (LEA) for the Chief Business Officer (CBO) Training Program. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|Item 18 |No Child Left Behind Act of 2001: Approve Local Educational Agency Plans, Title 1, Section |Action |

| |1112 |Information |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) approve the Local Educational Agency (LEA) Plans for the LEAs listed on Attachment 1. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|ITEM 19 |Consolidated Applications 2005-06: Approval |ACTION INFORMATION |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) approve the 2005-06 Consolidated Applications (ConApps) submitted by local educational agencies (LEAs) in Attachment 1. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|ITEM 20 |The Principal Training Program, Assembly Bill 75 (Chapter 697, Statutes of 2001): Approval|ACTION INFORMATION |

| |of Applications for Funding from Local Educational Agencies and Consortia | |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) approve the attached lists of local educational agencies (LEAs) and consortia that have submitted applications for funding under The Principal Training Program (PTP), Assembly Bill (AB) 75 (Chapter 697, Statutes of 2001). Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|ITEM 21 |Mathematics and Reading Professional Development Program, Assembly Bill 466 (Chapter 737, Statutes |ACTION INFORMATION |

| |of 2001): Approve Reimbursement Requests from Local Educational Agencies | |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) approve reimbursement requests on the attached lists of local educational agencies (LEAs) that have complied with required assurances for the Mathematics and Reading Professional Development Program, Assembly Bill (AB) 466 (Chapter 737, Statutes of 2001). Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|ITEM 22 |Child Nutrition Advisory Council: Approve Amendments To Bylaws |ACTION INFORMATION |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) approve revisions to the Child Nutrition Advisory Council (CNAC) bylaws. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|ITEM 23 |Standardized Testing and Reporting Program: Approval of the revisions to the California |ACTION INFORMATION |

| |Alternate Performance Assessment English-language arts Blueprint for Level 1 | |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) approve the revisions to the California Alternate Performance Assessment (CAPA) English-language Arts (ELA) Blueprint for Level 1. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|ITEM 24 |Advisory Commission on Special Education: Appointment of two commissioners |ACTION INFORMATION |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) approve the two individuals identified in the Last Minute Memorandum to be appointed as members of the Advisory Commission on Special Education to terms that end on December 31, 2009. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|ITEM 25 |Assignment of Numbers for Charter School Petitions |ACTION INFORMATION |

▪ ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) assign charter numbers to the charter schools identified on the attached list. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0 with Mr. Fisher and Mr. Gardener recusing themselves.

|ITEM 26 |Charter Schools: Determination of Funding Requests for 2005-06 (and beyond) for |ACTION INFORMATION |

| |Nonclassroom-based Charter Schools | |

President Noonan announced Ms. Marta Reyes, Director, Charter Schools Division, who presented the item. Following Ms. Reyes’ presentation of the item, the Board took the following action:

• ACTION: Mr. Nuñez moved to approve eight 2005-06 (and beyond) determination of funding requests and deny one 2005-06 (and beyond) request pursuant to Education Code (EC) sections 47612.5 and 47634.2, and California Code of Regulations, Title 5, sections 11963 to 11963.6, inclusive, based upon the recommendations of the Advisory Commission on Charter Schools (ACCS) as presented in Attachment 1 to the Board item. Ms. Chan seconded the motion. The motion was approved by a vote of 6-0 with Mr. Lopez abstaining and Ms. Bloom, Ms. Green, and Mr. Fisher absent for the vote.

***PUBLIC HEARING***

The Board held a public hearing on the following item.

|ITEM 27 |Petition by Green Dot Public Schools to establish a Statewide Benefit Charter School under|ACTION INFORMATION |

| |the oversight of the State Board of Education: Hold Public Hearing, Make Finding, and |PUBLIC HEARING |

| |Approve | |

President Noonan asked Ms. Reyes to present the item. Ms. Reyes and Ms. Deborah Connelley from the Charter Schools Division presented this item. Ms. Reyes introduced Mr. Steve Barr, Founder of Green Dot Public Schools, to present the statewide benefit charter school proposal. Several members of the public spoke on this item. Members of the Board asked questions of Mr. Barr and his co-presenters. Following Board discussion, it was agreed that Mr. Barr would withdraw his request for authorization and would return at a future Board meeting with a modified charter petition.

➢ NO ACTION WAS TAKEN ON THIS ITEM

***END OF PUBLIC HEARING***

|ITEM 28 |State Board of Education-Approved Charter Schools: Update |ACTION INFORMATION |

President Noonan announced that due to a lack of updated information on this item, this item would not be heard at this meeting but would be agendized for the Board’s September 2006 meeting.

|ITEM 29 |Academy of Culture and Technology: Revocation Pursuant to Education Code Section 47607(d) |ACTION INFORMATION |

| |and Direction to Proceed with Closure | |

President Noonan asked Ms. Reyes to present this item. Ms. Reyes introduced the item and provided an overview of the history of the charter school. Ms. Reyes described recent events that necessitated that the Board direct CDE staff to present the charter school with a notice to cure at its May 2006 Board meeting. Ms. Reyes stated that the charter school failed to satisfy the conditions in the notice to cure. Members of the public provided testimony to the Board. Board members asked questions and had discussion on this matter. Following discussion, the Board took the following action:

• ACTION: Mr. Williams moved to revoke the charter of the Academy of Culture and Technology (ACT), effective June 30, 2006, based upon findings that the ACT committed material violations of conditions set forth in the charter and violated provisions of law within the meaning of Education Code (EC) Section 47607(c). He moved, further, to direct the CDE to proceed with oversight of closure activities regarding the ACT, including, but not limited to, transfer of pupil records, filing of remaining reports for 2005-06 pursuant to EC Section 47604.33, the 2005-06 audit pursuant to EC Section 41020 and a final audit, collection of funds owed the state and/or federal government as the result of 2005-06 audit exceptions, and dispersal of any remaining net assets in keeping with the ACT charter. Ms. Green seconded the motion. The motion was approved by a vote of 7-0 with Mr. Lopez abstaining and Ms. Bloom and Mr. Fisher absent for the vote.

***PUBLIC HEARING***

The Board held a public hearing on the following item.

|ITEM 30 |Cypress Grove Charter High School for Arts and Sciences: Appeal of Renewal Denial Pursuant|ACTION INFORMATION |

| |to Education Code Section 47607.5 |PUBLIC HEARING |

President Noonan asked Ms. Reyes to present this item. Ms. Reyes briefly described the charter school’s fiscal issues and described the results of the recently completed FCMAT audit. Board members commended the school on its academic success but expressed serious concerns about the school’s financial status. Several members of the public provided testimony to the Board on this item. Following Board deliberation, the Board considered the following action:

• ACTION: Mr. Noonan moved to approve the renewal of the charter of the Cypress Grove Charter High School for Arts and Sciences with the conditions specified by the CDE, under the oversight of the SBE. Mr. Bersin seconded the motion. The motion failed by a vote of 5-5.

***END OF PUBLIC HEARING***

|ITEM 31 |Proposed Revision of State Board of Education Waiver Policy Number 99-03 - Physical |ACTION INFORMATION |

| |Education Requirements – Block Schedules | |

President Noonan announced Judy Pinegar, Administrator for the Waiver Office, who presented the item. Following Ms. Pinegar’s description of the item, Board members asked questions about the Physical Education requirements. Mr. Bersin expressed the Governor’s concerns about maintaining physical education in California’s schools. Board members expressed interest in ensuring that students are receiving appropriate physical education instruction. Following deliberation on the item, the Board took the following action:

• ACTION: Mr. Fisher moved to approve the revisions to State Board of Education Waiver Policy Number 99-03 - Physical Education Requirements – Block Schedules. Mr. Williams seconded the motion. The motion was approved by a vote of 6-0 with Ms. Green, Ms. Bloom, Mr. Lopez, and Mr. Nuñez absent for the vote.

|ITEM 32 |California High School Exit Examination: Review local educational agency failure to grant |ACTION INFORMATION |

| |diplomas for certain students under California Education Code (EC) Section 60852.3 | |

President Noonan announced Deb Sigman, Director of the Standards and Assessment Division, who presented the item. Following Ms. Sigman’s description of the item, Board members asked questions about the item. Ms. Sigman provided Board members with a description of the legislative requirements that students needed to meet to qualify for an exemption from Section 60852.3, under Senate Bill 517. Following deliberation on the item, the Board took the following action:

• ACTION: Mr. Fisher moved to affirm the local educational agencies’ (LEAs) decisions to fail to grant high school diplomas to 39 students who did not meet the exemption criteria specified in EC 60852.3. Mr. Williams seconded the motion. The motion was approved by a vote of 7-0 with Mr. Lopez abstaining and Ms. Bloom and Mr. Nuñez absent for the vote.

|ITEM 33 |California High School Exit Examination: Including, but not limited to, CAHSEE Program and|ACTION INFORMATION |

| |independent evaluation update | |

President Noonan asked Deb Sigman, Director of the Standards and Assessment Division, to present the item. Following Ms. Sigman’s description of the item, Board members asked questions about the item., including several questions by Member Green about the California Modified Assessment.

➢ NO ACTION WAS TAKEN ON THIS ITEM

|Item 34 |Standardized Testing and Reporting Program: Adopt Amendments to Title 5 Regulations |Action |

| | |Information |

President Noonan requested Deb Sigman, Director of the Standards and Assessment Division, to present the item. Following Ms. Sigman’s description of the item, Board members asked questions about the item. Several members of the public provided testimony to the Board on this item. Board members asked several questions regarding turn-around timing for the state’s STAR tests and the consequences of the proposal to move the Board’s testing timeframe. Following deliberation on the item, the Board took the following action:

• ACTION: Ms. Green moved to consider comments received during the 45-day public comment period and at the public hearing and take action to adopt the amendments to the regulations and commence an additional 15-day public comment period. Ms. Chan seconded the motion. The motion was approved by a vote of 6-0 with Mr. Lopez abstaining and Ms. Bloom, Mr. Fisher, and Mr. Nuñez absent for the vote.

|ITEM 35 |Standardized Testing and Reporting Program: Including, but not limited to, program update |ACTION INFORMATION |

President Noonan asked Deb Sigman, Director of the Standards and Assessment Division, to present the item. Following Ms. Sigman’s description of the item, Board members asked questions about the item.

➢ NO ACTION WAS TAKEN ON THIS ITEM

|ITEM 36 |Standardized Testing and Reporting Program: Approval of grades five, six, and seven |ACTION INFORMATION |

| |Proposed Blueprints for the Reading/language arts and Mathematics Standards-based Tests in | |

| |Spanish | |

President Noonan asked Deb Sigman, Director of the Standards and Assessment Division, presented the item. Following Ms. Sigman’s description of the item, Board members asked questions about the proposed blue prints. Importantly, members asked Ms. Sigman to describe how the the content of these blueprints differed from the content standards coverage of the California Standards Tests in mathematic and Reading/language arts. Following deliberation on the item, the Board took the following action:

• ACTION: Ms. Green moved to approve the reading/language arts and mathematics grades five, six, and seven blueprints for the Standards-based Tests in Spanish (STS). Ms. Chan seconded the motion. The motion was approved by a vote of 6-0 with Mr. Lopez abstaining and Ms. Bloom, Mr. Fisher, and Mr. Nuñez absent for the vote.

|ITEM 37 |California English Language Development Test: Including, but not Limited to, Update on |ACTION INFORMATION |

| |California English Language Development Test and Review of Possible Modifications to | |

| |Guidelines for Reclassification of English Learners | |

President Noonan asked Deb Sigman, Director of the Standards and Assessment Division, to present the item. Following Ms. Sigman’s description of the item, Board members asked questions about the item. The Board took no action on this item, instead preferring that the item come back to the Board for further discussion and potential action at its September 2006 meeting.

➢ NO ACTION WAS TAKEN ON THIS ITEM

WAIVER REQUEST CONSENT MATTERS

The following agenda items include waivers and other administrative matters that California Department of Education (CDE) staff have identified as having no opposition and presenting no new or unusual issues requiring the State Board’s attention.

REGIONAL OCCUPATIONAL PROGRAM

|ITEM WC-1 |Request by Stanislaus County Office of Education for a renewal waiver of Education Code (EC) |ACTION |

| |Section 52314.6(a) regarding the 3 percent limit on enrollment of students under the age of 16 in | |

| |the Regional Occupational Program (ROP). | |

| |Waiver Number: 15-5-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

| |EC 33051(c) will apply | |

RESOURCE SPECIALIST CASELOAD

|ITEM WC-2 |Request by North Monterey County Unified School District to waive Education Code (EC) Section |ACTION |

| |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). Justin Matlow assigned at the Prunedale | |

| |Elementary School. | |

| |Waiver Number: 6-5-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

|ITEM WC-3 |Request by Cucamonga School District to waive Education Code (EC) Section 56362 (c), allowing the |ACTION |

| |caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than | |

| |4 students (32 maximum). Donna Brazill assigned at Los Amigos Elementary School. | |

| |Waiver Number: 19-5-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES

|ITEM WC-4 |Request by Redding Elementary School District to waive No Child Left Behind Act (NCLB); Title IV, |ACTION |

| |Part A, Section 4115(a)(1)(c), to use Safe and Drug Free Schools and Communities funds to support | |

| |the cost of Building Effective Schools Together (BEST) - a positive behavior support program for | |

| |students in kindergarten through eighth grade. | |

| |Waiver Number: 8-4-2006 | |

| |(Recommended for APPROVAL WITH CONDITONS) | |

SCHOOL SITE COUNCIL

|ITEM WC-5 |Request by Lassen View Union Elementary School District under the authority of Education Code |ACTION |

| |(EC) Section 52863 for a renewal waiver of EC Section 52852, relating to the required school site | |

| |council for each school to allow one joint school site council to function for two small schools | |

| |(Kindergarten through eighth and community day school). | |

| |Waiver Number: 28-4-2006 | |

| |(Recommended for APPROVAL) | |

STATE MEAL MANDATE (Saturday School Session)

|ITEM WC-6 |Request by Bishop Union Elementary Unified School District under the waiver authority of Education|ACTION |

| |Code (EC) Section 49548 to waive Education Code (EC) Section 49550, the requirement that needy | |

| |pupils must be provided with a nutritionally adequate free or reduced-price meal during each | |

| |school day (State Meal Mandate) during the Saturday school session at the Home Street Middle | |

| |School. | |

| |Waiver Number 20-5-2006 | |

| |(Recommended for APPROVAL) | |

President Noonan announced that the waiver consent items would be considered as part of the Board’s consent calendar unless specific Board members desired to give a full hearing to any of these matters.

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation to approve waiver consent items WC-1 through WC-6. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0. Mr. Gardner and Mr. Lopez recused themselves from the vote.

NON-CONSENT (ACTION)

The following agenda items include waivers and other administrative matters that CDE staff have identified as having opposition, being recommended for denial, or presenting new or unusual issues that should be considered by the State Board. On a case by case basis public testimony may be considered regarding the item, subject to the limits set by the Board President or the President’s designee; and action different from that recommended by CDE staff may be taken.

Board consent calendar. The following waiver items were heard as part of the Board’s initial consent calendar: Item W-1, and Items W-3 through W-5 and W-18. No discussion was held on these items.

ALGEBRA l – SPECIAL EDUCATION STUDENTS

|ITEM W-1 |Request by Sacramento City Unified School District to waive Education Code (EC) Section |ACTION |

| |51224.5(b), the requirement that all students 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 | |

| |EC Section 56101, the special education waiver authority. | |

| |Waiver Number: 7-5-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation to approve waiver item W-1. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0. . Mr. Gardner and Mr. Lopez recused themselves from the vote.

CHARTER SCHOOL (Single Gender)

|ITEM W-2 |Request by the New Village Charter School for a waiver of Education Section (EC) Section |ACTION |

| |47605(d)(1)(2)(A), to waive the statutory prohibition on gender discrimination and the statutory | |

| |requirement for charter schools to admit all pupils who wish to attend in order to operate a | |

| |charter school that admits and serves only female students. | |

| |Waiver Number: 10-5-2005 | |

| |(Recommended for Denial) | |

President Noonan announced Judy Pinegar, Administrator for the Waiver Office, who presented the item. Following Ms. Pinegar’s description of the item, President Noonan asked the Board’s Chief Counsel, Paul Seave, to present his recommendation on this item. Following Mr. Seave’s recommendation and Board member questions, the Board took the following action:

• ACTION: Mr. Williams moved that the State Board of Education (SBE) approve the waiver with an amendment from Member Bersin that the SBE’s reasoning for granting the waiver are those set forth in the memo from Chief Counsel, Paul Seave, as attached to the agenda item. The motion was seconded by Mr. Gardner. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

CLASSIFIED SENIOR MANAGEMENT EMPLOYEES

|ITEM W-3 |Request by the Los Angeles Unified School District (LAUSD) using the specific waiver authority of |ACTION |

| |the Education Code (EC) 45108.7 to waive Section 45108.5(b)(4) to increase permanently the number | |

| |of Classified Senior Management Employees in the district. Current: 66 permanent. Proposed: add 7 | |

| |new permanent designations for a total of 73 permanent designations. | |

| |Waiver Number: 13-5-2006 | |

| |(Recommended for APPROVAL) | |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation to approve waiver item W-3. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0. Mr. Gardner and Mr. Lopez recused themselves from the vote.

COMMUNITY DAY SCHOOL

|ITEM W-4 |Request by Grant Joint Union High School District for a renewal waiver of portions of Education |ACTION |

| |Code (EC) Section 48661(a) to permit the operation of a community day school (CDS) on the same | |

| |site as a continuation high school, Vista Nueva Career & Technology High School. | |

| |Waiver Number 11-6-2006 | |

| |(Recommended for APPROVAL) EC 33051(c) will apply | |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation to approve waiver item W-4. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0. . Mr. Gardner and Mr. Lopez recused themselves from the vote.

EQUITY LENGTH OF TIME

|ITEM W-5 |Request by Temecula Valley Unified School District for a renewal of a waiver of Education Code |ACTION |

| |(EC) Section 37202, the equity length of time requirement, at one of the district’s three high | |

| |schools, Chaparral High School. | |

| |Waiver Number: 9-5-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

| |EC 33051(c) will apply | |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation to approve waiver item W-5. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0. . Mr. Gardner and Mr. Lopez recused themselves from the vote.

Board waiver consent calendar The Board created an additional consent calendar containing the following waiver items: Items W-6 through W-13, and Item W-16. There was no Board discussion on these items.

INSTRUCTIONAL MATERIALS

|ITEM W-6 |Request by Hot Springs School District to waive Education Code (EC) Section 60061(a)(3), the |ACTION |

| |requirement that free instructional materials be given equally to all school districts in any | |

| |state. Waiver would allow a very small school district to obtain more free instructional materials| |

| |than the normal based on their size, for the adoption from the 2005 History Social Science | |

| |materials list. | |

| |Waiver Number: 29-4-2006 | |

| |(Recommended for APPROVAL) EC 33051(c) will not apply | |

• ACTION: As part of the waiver consent calendar, Mr. Gardner moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation regarding waiver item W-6. The motion was seconded by Mr. Williams. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

INSTRUCTIONAL MATERIALS SUFFICIENCY (Audit Findings)

|ITEM W-7 |Request by Mono County Office of Education for a retroactive waiver of the audit penalty for the |ACTION |

| |2004/2005 fiscal year of Education Code (EC) Section 60119 regarding the annual public hearing on | |

| |the availability of textbooks and instructional materials. The county office held the required | |

| |public hearing during school hours. | |

| |Waiver Number: 7-3-2006 | |

| |(Recommended for APPROVAL) | |

• ACTION: As part of the waiver consent calendar, Mr. Gardner moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation regarding waiver item W-7. The motion was seconded by Mr. Williams. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

|ITEM W-8 |Request by Siskiyou County Office of Education for a retroactive waiver of the audit penalty for |ACTION |

| |the 2004/2005 fiscal year for Education Code (EC) Section 60119 regarding the annual public | |

| |hearing and board resolution on the availability of textbooks and instructional materials for all | |

| |students at all grade levels and subjects. The county held their required annual public hearing | |

| |during school hours. | |

| |Waiver Number: 2-6-2006 | |

| |(Recommended for APPROVAL) | |

• ACTION: As part of the waiver consent calendar, Mr. Gardner moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation regarding waiver item W-8. The motion was seconded by Mr. Williams. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

|ITEM W-9 |Request by Mendocino County Office of Education for a retroactive waiver of the audit penalty for |ACTION |

| |the 2004/2005 fiscal year for Education Code (EC) Section 60119 regarding the annual public | |

| |hearing and board resolution on the availability of textbooks and instructional materials for all | |

| |students at all grade levels and subjects. The county office held the hearing during school hours.| |

| |Waiver Number: 50-3-2006 | |

| |(Recommended for APPROVAL) | |

• ACTION: As part of the waiver consent calendar, Mr. Gardner moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation regarding waiver item W-9. The motion was seconded by Mr. Williams. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

INSTRUCTIONAL TIME PENALTY

|ITEM W-10 |Request by Liberty Elementary School District under the authority of Education Code (EC) Section |ACTION |

| |64206 to waive Education Code (EC) Section 46200(c), the Longer Instructional Year Incentive | |

| |Program audit penalty for failing to meet the requirement of 180 days of instruction for the | |

| |2004-2005 school year. Liberty Elementary School was one day short for that year. | |

| |Waiver Number: 1-4-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

• ACTION: As part of the waiver consent calendar, Mr. Gardner moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation regarding waiver item W-10. The motion was seconded by Mr. Williams. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

|ITEM W-11 |Request by Santa Cruz Elementary School District under the authority of Education Code (EC) 46206 |ACTION |

| |to waive three EC sections of audit penalties for Monarch Elementary Alternative School related to| |

| |the Longer Instructional Day and Year Incentive program in the 2004-05 school year: | |

| |EC Section 46202(b) (longer day) for offering less instructional time than the required state | |

| |minimums at grades 1-3 (shortfall of 2,265 minutes) and grades 4-6 (shortfall of 1,635 minutes); | |

| |EC Section 46200.5(c) (longer day) for offering less instructional time than the district offered | |

| |in 1982-1983 in grades 7-8 (shortfall of 4,020 minutes) and; | |

| |EC 46200(a) (longer year) for offering less than 180 days (shortfall of 4 days). | |

| |Waiver Number: 27-4-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

• ACTION: As part of the waiver consent calendar, Mr. Gardner moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation regarding waiver item W-11. The motion was seconded by Mr. Williams. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

INSTRUCTIONAL TIME PENALTY (Charter Schools)

|ITEM W-12 |Request by the Sacramento River Discovery Charter School under the authority of Education Code |ACTION |

| |(EC) Section 47612.6 to waive EC 47612.5(c) the audit penalty for offering fewer than the minimum | |

| |required number of annual instructional minutes in the 2004-05 fiscal year for grades 9-12 in | |

| |charter schools (shortfall of 3,300 minutes). | |

| |Waiver Number: 10-3-2006 | |

| |(Recommended for APPROAL WITH CONDITIONS) | |

• ACTION: As part of the waiver consent calendar, Mr. Gardner moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation regarding waiver item W-12. The motion was seconded by Mr. Williams. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

LIMITATIONS ON SCHOOL BOUNDARIES

|ITEM W-13 |Request by the Turlock Unified School District (USD) using the specific waiver authority of |ACTION |

| |Education Code (EC) 33050 to waive Section 15301(c), the limitations on boundaries of a school | |

| |facilities improvement district, allowing the Turlock USD to form a School Facilities Improvement | |

| |District that includes property in an existing Community Facilities District, for bonding | |

| |purposes. | |

| |Waiver Number: 14-5-2006 | |

| |(Recommended for APPROVAL WITH CONDITONS) | |

• ACTION: As part of the waiver consent calendar, Mr. Gardner moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation regarding waiver item W-13. The motion was seconded by Mr. Williams. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

NINTH GRADE CLASS SIZE REDUCTION PROGRAM

|ITEM W-14 |Request by Liberty Union High School District (LUHSD) for a renewal of a waiver of Education Code |ACTION |

| |(EC) Section 52084(a), the Ninth Grade Class Size Reduction Program (Morgan-Hart), to receive | |

| |funding for a full year, double period of "Intensified Algebra" for targeted low performing | |

| |students, and English (three courses total). | |

| |Waiver Number: 11-5-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

• ACTION: As part of the waiver consent calendar, Mr. Gardner moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation regarding waiver item W-14. The motion was seconded by Mr. Williams. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

PETITION

|ITEM W-15 |Petition request under Education Code (EC) sections 60421(d) and 60200(g) by Lake Tahoe Unified |ACTION |

| |School District to purchase Instructional Resources (Everyday Mathematics, Grades K-3, c.2001, and| |

| |Grades 4-6, c.2002) using Instructional Materials Funding Realignment Program (IMFRP) monies. | |

| |Waiver Number: 12-5-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

• ACTION: As part of the waiver consent calendar, Mr. Gardner moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation regarding waiver item W-15. The motion was seconded by Mr. Williams. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

SCHOOL SITE COUNCIL (Composition)

|ITEM W-16 |Request by Lompoc Unified School District under the authority of Education Code (EC) Section 52863|ACTION |

| |to waive EC Section 52852, to allow the schoolsite advisory team to function in place of the | |

| |schoolsite council and to waive the parity requirements of this advisory group in regards to | |

| |proportion of parent members to schoolsite members. | |

| |Waiver Number: 29-2-2006 | |

| |(Recommended for APPROVAL WITH CONDITIONS) | |

• ACTION: As part of the waiver consent calendar, Mr. Gardner moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation regarding waiver item W-16. The motion was seconded by Mr. Williams. The motion was approved by a vote of 6-0 with Mr. Lopez, Ms. Bloom, Ms. Green, and Mr. Nuñez absent for the vote.

|ITEM W-17 |Request by Tulelake Basin Joint Unified School District under the authority of Education Code (EC)|ACTION |

| |Section 52863 for a renewal waiver of EC Section 52852, allowing one joint school site council to | |

| |function for three small rural schools participating in the School Based Coordinated Program, and | |

| |allowing the district to continue to operate a school site council which includes two, rather than| |

| |four students for each school participating in the School Based Coordination Act. | |

| |Waiver Number: 3-5-2006 | |

| |(Recommended for APPROVAL) | |

Item W-17 was withdrawn at the request of the petitioner.

STATE TESTING REPORTING DEADLINES

|ITEM W-18 |Request by ten school districts and two charter school to waive the State Testing Apportionment |ACTION |

| |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). | |

| |Waiver Numbers: see attached list for specific school districts | |

| |(Recommended for APPROVAL) | |

• ACTION: As part of the consent calendar, Ms. Chan moved that the State Board of Education (SBE) adopt the California Department of Education (CDE) recommendation to approve waiver item W-18. Mr. Williams seconded the motion. The motion was approved by a vote of 8-0. . Mr. Gardner and Mr. Lopez recused themselves from the vote.

This completes the actions taken by the State Board of Education on Wednesday and Thursday, July 12-13, 2006. The meeting adjourned at approximately 3:00 p.m.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download