Final Minutes for November 2016 - SBE Minutes …



|[pic] |CALIFORNIA STATE BOARD OF EDUCATION |

| |Final Minutes |

| |November 2-3, 2016 |

MEMBERS PRESENT:

Michael W. Kirst, President

Ilene W. Straus, Vice President

Sue Burr

Bruce Holaday

Feliza I. Ortiz-Licon

Patricia A. Rucker

Niki Sandoval

Ting L. Sun

Trish Williams

Olivia Sison, Student Member

Vacancy

Tom Torlakson, SSPI

MEMBERS ABSENT

None

Principal Staff

Karen Stapf Walters, Executive Director, State Board of Education (SBE)

Judy Cias, Chief Counsel, SBE

Patricia de Cos, Deputy Executive Director, SBE

David Sapp, Deputy Policy Director and Assistant Legal Counsel, SBE

Leilani Aguinaldo, Director of Policy and Legislation, SBE

Michelle Magyar, Project Manager, Local Control Funding Formula, SBE

Carolyn Pfister, Education Programs Consultant, SBE

Malia Gonsalves, Executive Assistant

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

Stephanie Papas, Education Policy Administrator I, CDE

Nick Schweizer, Deputy Superintendent, CDE

Tom Adams, Deputy Superintendent, CDE

Keric Ashley, Deputy Superintendent, CDE

Amy Bisson-Holloway, General Counsel, CDE

Edmundo Aguilar, Chief Counsel II, CDE

Please note that the complete proceedings of the November 2-3, 2016, State Board of Education meeting, including closed-captioning, are available online at: .

CALIFORNIA STATE BOARD OF EDUCATION

Public Session

November 2, 2016

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

Report of the State Superintendent of Public Instruction

AGENDA ITEMS

Item 01

Subject: 2017-2018 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor for Consideration and Appointment.

Type of Action: Action, Information

SBE Screening Committee Recommendation: The SBE Screening Committee recommends that the SBE approve the three finalists for the position of 2017-2018 SBE Student Member, as identified in the Item Addendum. The approved finalists will be forwarded to the Governor for his consideration and appointment as the 2017-18 SBE Student Member.

ACTION: Member Burr moved to approve the SBE Screening Committee’s recommendations, as identified in Attachment 1 of the Addendum.

Member Holaday seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with 10 votes.

Item 02

Subject: Reports from the 2016 Student Advisory Board on Education.

Type of Action: Information

ACTION: No Action Taken.

Item 03

Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Approval of the Performance Standards for the Academic Indicator; Review of Recommendations on the Process for Local Educational Agencies to Evaluate and Report Progress on Local Performance Indicators; Update on How the Evaluation Rubrics Apply to Charter Schools; and Update on Continuing Developmental Work on the Evaluation Rubrics.

Type of Action: Action, Information

Staff Recommendations: Staff recommends that the SBE take the following actions:

1. Adopt the performance standards for the Academic Indicator, based on student test scores on English Language Arts/Literacy (ELA) and Mathematics for grades 3–8, that includes results from the second year of Smarter Balanced tests, as specified in Attachment 1.

2. Approve proposed self-assessment tools for local educational agencies (LEAs) to determine progress on the local performance indicators for Basics (Priority 1), School Climate (Priority 6), Coordination of Services for Expelled Students (Priority 9), and Coordination of Services for Foster Youth (Priority 10).

3. Revise the approved standards for local performance indicators to clarify that LEAs must report the results of the local measurement of progress to their local governing boards at a regularly scheduled public meeting of the local governing board.

4. Add language to the criteria to determine LEA eligibility for technical assistance and intervention under the LCFF statutes, approved at the September 2016 SBE meeting, to clarify the applicability of the criteria to charter schools, as specified in Attachment 3.

ACTION: Member Straus moved to approve the staff recommendations for items 2, 3, and 4.

Member Burr seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with 10 votes.

Item 04

Subject: The Local Control and Accountability Plan Template, California Code of Regulations, Title 5, Section 15497.5 – Adoption of the proposed Revised Local Control and Accountability Plan Template, pursuant to Education Code Section 52064(e).

Type of Action: Action, Information

CDE Recommendations: The CDE recommends that the SBE adopt the proposed Revised LCAP and Annual Update Template (Attachment 1) and to allow the CDE, in collaboration with SBE staff, to make any necessary typographical or formatting corrections as the document is prepared for posting on the CDE Website.

ACTION: Member Straus moved to approve the CDE staff recommendations.

Member Burr seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with10 votes.

Item 05

Subject: Update on the Development of the California State Plan for the Every Student Succeeds Act.

Type of Action: Action, Information

CDE Staff Recommendations: The CDE recommends that the SBE give authority to the State Superintendent of Public Instruction (SSPI) to submit with the SBE President a joint response to the proposed regulations for Title I “supplement, not supplant” to the ED on or before November 7, 2016.

The CDE also recommends that the SBE take additional action as deemed necessary and appropriate.

ACTION: Member Sun moved to approve the CDE staff recommendations.

Member Straus seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with 10 votes.

Item 06

Subject: California Assessment of Student Performance and Progress: Determination of the Release of Up to 10 Percent Withheld for the 2015–16 Educational Testing Service Contract.

Type of Action: Action, Information

CDE Staff Recommendation: The CDE recommends releasing a total of $8,369,960.24 from funds withheld during the 2015–16 test administration. The CDE further recommends not releasing $271,952.56 to the contractor specific to component Tasks 3 and 9. The amounts per task are listed in Attachment 3.

ACTION: Member Sun moved to approve the CDE staff recommendations.

Member Straus seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with10 votes.

Item 07

Subject: English Language Proficiency Assessments for California: Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 11518 through 11519.5.

Type of Action: Action, Information

CDE Staff Recommendations: The CDE recommends the SBE take the following actions:

• Approve the proposed changes to the proposed regulations

• Direct that the proposed changes be circulated for a 15-day public comment period in accordance with the Administrative Procedure Act

• If no relevant comments to the proposed changes are received during the 15-day public comment period, the proposed regulations with changes are deemed adopted, and the CDE is directed to complete the rulemaking package and submit it to the Office of Administrative Law (OAL) for approval

• If any relevant comments to the proposed changes are received during the

15-day public comment period, the CDE is directed to place the proposed regulations on the SBE’s January 2017 meeting agenda for action

• Authorize the CDE to take any necessary action to respond to any direction or concern expressed by the OAL during its review of the rulemaking file

ACTION: Member Straus moved to approve the CDE staff recommendations.

Member Ortiz-Licon seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with 10 votes.

Item 08

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 Staff Recommendation: The SBE staff recommends that the SBE:

1. Approve the Preliminary Report of Actions/Minutes for the September 8-9, 2016 meeting. (Attachment 1)

2. Consider the SBE Screening recommendations for appointments to the California Practitioners Advisory Group, the Child Nutrition Advisory Council, the Advisory Commission on Special Education, and the Advisory Commission on Charter Schools. (Attachment 2)

ACTION 1: Member Rucker moved to approve the Preliminary Report of Actions/Minutes for the September 8-9, 2016 SBE meeting.

Member Burr seconded the motion.

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

 No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with 10 votes.

ACTION 2: Member Burr moved to approve the SBE Screening Committee’s recommendations for appointments to the California Practitioners Advisory Group, the Child Nutrition Advisory Council, the Advisory Commission on Special Education, and the Advisory Commission on Charter Schools.

Member Rucker seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with 10 votes.

REGULAR PROPOSED CONSENT ITEMS

Item 11 through Item 17

Item 11

Subject: Elementary and Secondary Education Act: No Child Left Behind: Approval of Local Educational Agency Plans, Title I, Section 1112.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the five direct-funded charter school LEA Plans listed in Attachment 1.

Item 12

Subject: Elementary and Secondary Education Act Section 1003(g), School Improvement Grant: Approval of Cohort 4 Funding for Local Educational Agencies and Schools for the Fiscal Years 2014, 2015, and 2016.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the State Board of Education (SBE) approve funding for the recommended list of SIG Cohort 4 LEAs and their schools, which have submitted an approvable application for SIG Cohort 4 sub-grants provided under Section 1003(g) of the ESEA.

The list of LEAs and their schools that applied for FYs 2014, 2015, and 2016 SIG funds is provided in Attachment 1.

Item 13

Subject: Approval of 2016–17 Consolidated Applications.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the 2016–17 ConApps submitted by LEAs in Attachment 1.

Item 14

Subject: History–Social Science Instructional Materials Adoption–Adopt Proposed California Code of Regulations, Title 5, Section 9517.3.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends the SBE take the following actions:

• Approve the Final Statement of Reasons.

• Formally adopt the proposed regulations approved by the SBE at the July 2016 meeting. No amendments or edits have been made to the proposed regulations.

• Direct the CDE to submit the rulemaking file to the Office of Administrative Law (OAL) for approval.

• Authorize the CDE to take any necessary ministerial action to respond to any direction or concern expressed by the OAL during its review of the rulemaking file.

Item 15

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 a charter number to each charter school identified in Attachment 1.

Item 16

Subject: Consideration of Retroactive 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 determination of funding requests for the percentages and periods specified for the nonclassroom-based charter schools provided in Attachment 1.

Advisory Commission on Charter Schools Recommendation

The ACCS met on October 4, 2016, and voted unanimously to approve the CDE recommendation that the SBE approve the determination of funding for the period specified for the nonclassroom-based charter schools listed in Attachment 1.

Item 17

Subject: Consideration of Retroactive Requests for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances 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 request and the determination of funding and period specified for each nonclassroom-based charter school as provided in Attachment 1.

Advisory Commission on Charter Schools Recommendation

The ACCS met on October 4, 2016, and voted unanimously to approve the CDE recommendation that the SBE approve the mitigating circumstances request and the determination of funding for each charter school as provided in Attachment 1.

ACTION: Member Holaday moved to approve the CDE staff recommendations for each regular item on consent (Items 11 through 17).

Member Williams seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with 10 votes.

** ADJOURNMENT OF DAY’S SESSION **

President Kirst adjourned the meeting at approximately 3:30 p.m.

CALIFORNIA STATE BOARD OF EDUCATION

Public Session

November 3, 2016

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

Thursday, November 3, 2016 – 8:30 a.m. Pacific Time +

California Department of Education

1430 N Street, Room 1101

Sacramento, California 95814

Call to Order

Salute to the Flag

Communications

Announcements

Report of the State Superintendent of Public Instruction

Special Presentations

Public notice is hereby given that special presentations for informational purposes may take place during this session.

Agenda Items

Adjournment

***CLOSED SESSION***

The State Board discussed and/or took action on the following cases:

• Emma C., et al. v. Delaine Eastin, et al., USDC (No.Dist.CA)

___________________________________________________________________

AGENDA ITEMS

*** PUBLIC HEARING ***

President Kirst opened the public hearing at 9:21 a.m.

President Kirst closed the public hearing at 9:29 a.m.

Item 09

Subject: Science Framework for California Public Schools: Kindergarten Through Grade Twelve, 2016 Revision: Public Hearing and Adoption.

Type of Action: Action, Information

CDE Staff Recommendation: The CDE and the IQC recommend that the SBE hold a public hearing and adopt the draft CA Science Framework with the IQC-recommended edits from the second 60-day public review period. The draft CA Science Framework is available on the CDE Science Framework Web page at [Note: Invalid link removed.].

ACTION: Member Williams moved to approve the CDE staff recommendations.

Member Straus seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with 10 votes.

*** END OF PUBLIC HEARING ***

Item 10

Subject: State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 covering program year 2015−16.

Type of Action: Action, Information

CDE Staff Recommendation: The CDE recommends that the SBE review and approve the Executive Summary of the FFY 2015 APR for Part B of the IDEA covering program year 2015–16 as prepared by the SED.

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

Member Ortiz-Licon seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with 10 votes.

***WAIVERS ON CONSENT***

W-01, W-02, and W-05 through W-08

FEDERAL PROGRAM WAIVER (Carl D. Perkins Vocational and Technical Education Improvement Act)

Item W-01

Subject: Request by Middletown Unified School District for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Waiver Number: Fed-19-2016

CDE Staff Recommendation: Approval

SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)

Item W-02

Subject: Request by Corcoran Joint Unified School District to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Regina Lanteigne to continue to provide services to students until June 30, 2017, under a remediation plan to complete those minimum requirements.

Waiver Number: 12-8-2016

CDE Staff Recommendation: Approval with Conditions

EQUITY LENGTH OF TIME

Item W-05

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

Waiver Numbers:

• Clovis Unified School District 5-8-2016

• Dixie Elementary School District 3-8-2016

• Lakeport Unified School District 13-7-2016

• Los Molinos Unified School District 2-7-2016

• Marysville Joint Unified School District 9-8-2016

• Ross Valley Elementary School District 5-7-2016

• San Rafael City Elementary School District 11-7-2016

CDE Staff Recommendation: Approval with Conditions

SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)

Item W-06

Subject: Request by two school districts to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Numbers:

Simi Valley Unified School District 4-8-2016

William S. Hart Union High School District 15-8-2016

CDE Staff Recommendation: Approval with Conditions

SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified after 2000)

Item W-07

Subject: Request by Pixley Union Elementary School District to waive California Education Code Section 15268, to allow the district to exceed its bond indebtedness limit of 1.25 percent of the taxable assessed value of property (requesting 1.40 percent).

Waiver Number: 1-9-2016

CDE Staff Recommendation: Approval with Conditions

SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)

Item W-08

Subject: Request by four 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:

Claremont Unified School District 10-8-2016

Claremont Unified School District 11-8-2016

Happy Valley Union Elementary School District 14-8-2016

Modoc Joint Unified School District 4-7-2016

Sweetwater Union High School District 1-7-2016

CDE Staff Recommendation: Approval with Conditions

ACTION: Member Rucker moved to approve the CDE staff recommendations on each waiver item on consent (W-01, W-02, and W-05 through W-08).

Member Sun seconded the motion.

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

 

No votes: None

Member Absent: Member Burr

 

Abstentions: None

Recusals: None

The motion passed with 9 votes.

***Waivers for Individual Action***

(W-03, W-04, and W-10)

CHARTER SCHOOL PROGRAM (Advanced Apportionment)

Item W-03

Subject: Request by Los Angeles Unified School District for a waiver of portions of California Education Code Section 47652(b), in order to allow the City High School, charter #1710, to receive a full advanced apportionment for students from the former The City School, charter #1410, now merged with the City High School.

Waiver Number: 13-8-2016

CDE Staff Recommendation: Approval

ACTION: Member Straus moved to approve the CDE staff recommendation to approve the waiver request.

Member Burr seconded the motion.

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

No votes: None

Members Absent: None

 

Abstentions: Member Rucker

Recusals: None

The motion passed with 9 votes.

CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding)

Item W-04

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

Waiver Numbers:

• Acton-Agua Dulce Unified School District 12-7-2016

• Lakeside Union Elementary School District 8-7-2016

• Vista Unified School District 7-8-2016

CDE Staff Recommendation: Approval

ACTION: Member Holaday moved to approve the CDE staff recommendation to approve the waiver request.

Member Williams seconded the motion.

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

No votes: None

Members Absent: None

 

Abstentions: None

Recusals: None

The motion passed with 10 votes.

SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)

Item W-10

Subject: Request by Plumas Unified School District to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Stephanie Metzger to continue to provide services to students until June 30, 2017, under a remediation plan to complete those minimum requirements.

Waiver Number: 10-7-2016

CDE Staff Recommendation: Denial

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

Member Rucker seconded the motion.

Yes votes: Members Holaday, Sandoval, Sison, Williams, Kirst, and Rucker

No votes: Members Sun, Straus, and Burr

Members Absent: None

 

Abstentions: Member Ortiz-Licon

Recusals: None

The motion passed with 6 votes.

***END OF WAIVERS***

*** PUBLIC HEARINGS ***

President Kirst opened the public hearing at 11:10 a.m.

President Kirst closed the public hearing at 11:33 a.m.

Item 18

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Celerity Himalia Charter School, which was denied by the Los Angeles Unified School District and the Los Angeles County Board of Education.

Type of Action: Action, Information, Hearing

CDE Recommendation: The CDE recommends that the SBE hold a public hearing regarding the CHCS petition, and thereafter approve, with one condition and eleven technical amendments (Attachment 1 of Agenda Item 03 on the ACCS October 4, 2016, Meeting Notice on the SBE ACCS Web page located at

), the request to establish CHCS under the oversight of the SBE, for a five-year term effective July 1, 2016 through June 30, 2021, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(2), and California Code of Regulations, Title 5 (5 CCR) Section 11967.5.

Inherent to this recommendation, the CDE recommends the following conditions:

(1) Celerity Education Group (CEG) may only continue to contract with Celerity Global Development (CGD) for goods and/or services if CEG and CGD agree to timely respond to all CDE inquiries into CEG’s and CGD’s operations including, but not limited to, management, fiscal, personnel, procurement, facilities operations, facilities financing, and programmatic services, in accordance with EC Section 47604.3, and fully cooperate with any investigation into their operations conducted pursuant to EC Section 47604.4 and (2) CHCS must adhere to the terms and conditions as noted in

Attachment 1.

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. The Meeting Notice for the SBE ACCS is located at .

Advisory Commission on Charter Schools

The ACCS considered the CHCS charter petition at its October 4, 2016 meeting. The ACCS voted to recommend that the SBE approve the CHCS charter petition to establish CHCS under the oversight of the SBE with one condition and eleven technical amendments as proposed by the CDE.

The motion passed with a vote of five to one.

ACTION: Member Holaday moved to approve the CDE staff recommendations.

Member Williams seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: Member Rucker

 

Recusals: None

The motion passed with 9 votes.

President Kirst opened the public hearing at 12:35 p.m.

President Kirst closed the public hearing at 12:55 p.m.

Item 19

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Celerity Rolas Charter School, which was denied by the Los Angeles Unified School District and the Los Angeles County Board of Education.

Type of Action: Action, Information, Hearing

CDE Recommendation: The CDE recommends that the SBE hold a public hearing regarding the CRCS petition, and thereafter approve, with one condition and eleven technical amendments (Attachment 1 of Agenda Item 04 on the ACCS October 4, 2016, Meeting Notice on the SBE ACCS Web page located at

), the request to establish CRCS under the oversight of the SBE, for a five-year term effective July 1, 2016 through June 30, 2021, based on the CDE’s findings pursuant to EC sections 47605(b)(1), 47605(b)(2), and California Code of Regulations, Title 5 (5 CCR) Section 11967.5.

Inherent to this recommendation, the CDE recommends the following conditions:

(1) Celerity Education Group (CEG) may only continue to contract with Celerity Global Development (CGD) for goods and/or services if CEG and CGD agree to timely respond to all CDE inquiries into CEG’s and CGD’s operations including, but not limited to, management, fiscal, personnel, procurement, facilities operations, facilities financing, and programmatic services, in accordance with EC Section 47604.3, and fully cooperate with any investigation into their operations conducted pursuant to EC Section 47604.4 and (2) CRCS must adhere to the terms and conditions as noted in

Attachment 1.

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. The Meeting Notice for the SBE ACCS is located at .

Advisory Commission on Charter Schools

The ACCS considered the CRCS charter petition at its October 4, 2016 meeting. The ACCS voted to recommend that the SBE approve the CRCS charter petition to establish CRCS under the oversight of the SBE with one condition and eleven technical amendments as proposed by the CDE.

The motion passed with a vote of five to one.

ACTION: Member Holaday moved to approve the CDE staff recommendations.

Member Williams seconded the motion.

Yes votes: Members Holaday, Sandoval, Sison, Williams, Sun, Kirst, Straus, and Ortiz-Licon

 

No votes: None

Member Absent: Member Burr

 

Abstentions: Member Rucker

 

Recusals: None

The motion passed with 8 votes.

President Kirst opened the public hearing at 1:20 p.m.

President Kirst closed the public hearing at 1:47 p.m.

Item 20

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Winton Charter High School, which was denied by the Merced Union High School District and the Merced County Board of Education.

Type of Action: Action, Information, Hearing

CDE Recommendation: The CDE recommends that the SBE hold a public hearing regarding the WCHS petition, and thereafter deny the request to establish WCHS under the oversight of the SBE, based on the CDE’s findings pursuant to EC sections 47605(b)(2), 47605(b)(5), and California Code of Regulations, Title 5 (5 CCR) Section 11967.5, that the petitioner is not likely able to successfully implement the program set forth in the petition, and that the petition does not provide a reasonably comprehensive description of the multiple required charter elements (Attachment 1 of Agenda Item 05 on the Advisory Commission on Charter Schools (ACCS) October 4, 2016, Meeting Notice on the SBE ACCS Web page located at ). The CDE notes as a significant concern that the lead petitioner’s teaching and administrative credentials were revoked for misconduct by the California Commission on Teacher Credentialing (CTC).

Advisory Commission on Charter Schools

The ACCS considered the WCHS charter petition at its October 4, 2016, meeting. The ACCS voted to recommend that the SBE deny the WCHS charter petition to establish WCHS under the oversight of the SBE.

The motion passed with a vote of six to zero.

ACTION: Member Williams moved to approve the CDE staff recommendations.

Member Straus seconded the motion.

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

 

No votes: None

Member Absent: None

 

Abstentions: Member Rucker

 

Recusals: None

The motion passed with 9 votes.

*** END OF PUBLIC HEARINGS ***

Item 21

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 1:52 p.m.

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