Final Minutes for March 2016 - California



|[pic] |CALIFORNIA STATE BOARD OF EDUCATION |

| |Final Minutes |

| |March 9-10, 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

Michael S. McFarland, 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

Julie White, Director of Communications, SBE

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

Carolyn Pfister, Education Programs Consultant, SBE

Kristin Wright, Education Programs Consultant, SBE

Nancy Brownell, Senior Fellow, SBE

Amy Bubbico, Staff Services Manager I, SBE

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

Michelle Zumot, Chief Deputy Superintendent, 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, Assistant General Counsel, CDE

Please note that the complete proceedings of the March 9-10, 2016, State Board of Education meeting, including closed-captioning, are available online at: .

CALIFORNIA STATE BOARD OF EDUCATION

Public Session

March 9, 2016

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

Report out of Closed Session

President Kirst announced that the State Board of Education discussed and/or took action on the following cases:

CSBA v. SBE (Aspire litigation)

D.J. v. State and related complaint from the U.S. Department of Justice

Report of the State Superintendent of Public Instruction

AGENDA ITEMS

Item 01

Subject: California Assessment of Student Performance and Progress: State Superintendent of Public Instruction’s Recommendations for the Expansion of the California Assessment of Student Performance and Progress System Assessments.

Type of Action: Action, Information

CDE Recommendation: For review and action as deemed necessary.

ACTION: No Action Taken.

Item 02

Subject: California Assessment of Student Performance and Progress: Approval of the Grades for Which the California Next Generation Science Standards Summative Assessments Will Be Administered.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the State Board of Education (SBE) approve the grades for which the CA NGSS summative assessments will be administered and recommends that the SBE approve the development of three online CA NGSS summative assessments to meet the requirements of the Every Student Succeeds Act and EC Section 60640(b)(2)(B) consistent with the proposed test design in Attachment 1:

• Grade five assessment, consisting of grade five performance expectations and matrix sampling of performance expectations from kindergarten through grade four;

• Grade eight assessment, consisting of middle school (grades six through eight) performance expectations;

• Grade ten, eleven, or twelve assessment, consisting of high school performance expectations.

ACTION: Member Sun moved to approve the CDE staff recommendations. In addition, Member Sun moved to authorize the Department to commence work with the testing contractor for the test design that has been proposed. Finally, Member Sun requested to have the Department propose a transition plan for ending the current CSTs as the work moves forward, and provide the SBE with updates.

Member Williams seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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 03

Subject: California Assessment of Student Performance and Progress: Update on Program Activities, including, but not limited to, Smarter Balanced Assessments (Summative, Interim, and Digital Library Resources), Technology, Summative

Assessment in Primary Languages Other than English, California Alternate Assessments, California Next Generation Science Standards Assessments, and Outreach Activities.

Type of Action: Action, Information

CDE Recommendation: This item is for information only. No specific action is recommended at this time.

ACTION: No Action Taken.

Item 04

Subject: California Assessment of Student Performance and Progress: Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 850 through 864.

Type of Action: Action, Information

CDE Recommendation: 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 May 2016 meeting agenda for action

• 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

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

Member Rucker seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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-2, W-3, and W-7 through W-15

Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item W-02

Subject: Request by two local educational agencies to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for Deaf and Hard of Hearing students meet minimum qualifications as of July 1, 2009, to allow two interpreters to continue to provide services to students until June 30, 2016, under a remediation plan to complete those minimum requirements.

Waiver Numbers: Hanford Joint Union High School District 24-10-2015

Shasta County Office of Education 27-10-2015

CDE Recommendation: Approval with Conditions

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

Item W-03

Subject: Request by seven local educational agencies to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.

Waiver Numbers: Gateway Unified School District 2-12-2015

Madera County Office of Education 7-12-2015

Oroville City Elementary School District 1-12-2015

San Pasqual Valley Unified School District 19-11-2015

Shasta County Office of Education 4-12-2015

South Whittier Elementary School District 10-11-2015

Tehama County Office of Education 12-11-2015

CDE Recommendation: Approval with Conditions

Equity Length of Time (Equity Length of Time)

Item W-07

Subject: Request by ten 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: Alpaugh Unified School District 15-11-2015

Bear Valley Unified School District 19-12-2015

Bear Valley Unified School District 20-12-2015

Coronado Unified School District 13-12-2015

Folsom-Cordova Unified School District 3-12-2015

Red Bluff Union Elementary School District 4-11-2015

Redlands Unified School District 8-12-2015

Reed Union Elementary School District 9-11-2015

San Miguel Joint Union School District 18-12-2015

San Ysidro Elementary School District 12-12-2015

Twain Harte School District 13-11-2015

CDE Recommendation: Approval with Conditions

Instructional Time Requirement Audit Penalty (Below 1982-83 Base Minimum Minutes)

Item W-08

Subject: Request by New Haven Unified School District under the authority of California Education Code Section 46206(a), to waive Education Code Section 46201(a), the audit penalty for offering less instructional time in the 2013–14 fiscal year for students in grades four and five (shortfall of 1,540 minutes) at district schools.

Waiver Number: 10-6-2015

CDE Recommendation: Approval with Conditions

Physical Fitness Testing (Physical Fitness Testing)

Item W-09

Subject: Requests by three school districts to waive portions of the California Education Code Section 60800(a), relating to Physical Fitness Testing, specifically to suspend body composition assessment for students in grade five participating in a statewide school-based fitness study during the 2015–16 school year.

Waiver Numbers: Moreno Valley Unified School District 10-12-2015

Napa Valley Unified School District 11-12-2015

Pasadena Unified School District 9-12-2015

CDE Recommendation: Approval

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

Item W-10

Subject: Request by two districts to waive one of the following California Education Code sections 15628 or 15270(a), to allow the districts to exceed their bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for high school and elementary school districts or 2.5 percent for unified districts. Depending on the type of bond, a tax rate levy limit to $30 per $100,000 or assessed value for high school and elementary school districts or $60 per $100,000 for unified districts, may also apply.

Waiver Numbers: Oak Grove Elementary School District 6-1-2016

Southern Kern Unified School District 3-1-2016

CDE Recommendation: Approval with Conditions

School District Reorganization (Elimination of Election Requirement)

Item W-11

Subject: Request by two local educational agencies to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.

Waiver Numbers: Anaheim City Unified School District 9-1-2016

Fullerton Elementary School District 25-12-2015

CDE Recommendation: Approval

School District Reorganization (Size of Governing Board)

Item W-12

Subject: Request by Southern Humboldt Joint Unified School District to waive California Education Code Section 5020 that requires a districtwide election to reduce the number of governing board members from seven to five.

Waiver Number: 6-11-2015

CDE Recommendation: Approval

School District Reorganization (Timeline Requirements)

Item W-13

Subject: Request by Monterey County Office of Education for a waiver of portions of Education Code (EC) Section 35706, regarding the 120-day timeline between the first public hearing and action on a petition by the County Committee on School District Organization.

Waiver Number: 8-1-2016

CDE Recommendation: Approval

Schoolsite Council Statute (Number and Composition of Members)

Item W-14

Subject: Request by 10 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: Butte County Office of Education 23-12-2015

Butte County Office of Education 24-12-2015

Butteville Union Elementary School District 6-12-2015

Imperial County Office of Education 5-12-2015

Maple Creek Elementary School District 17-11-2015

Mountain Valley Unified School District 14-12-2015

Novato Unified School District 14-11-2015

Potter Valley Community Unified School District 15-12-2015

River Delta Joint Unified School District 20-10-2015

Stony Creek Joint Unified School District 16-11-2015

Temple City Unified School District 20-11-2015

CDE Recommendation: Approval with Conditions

State Testing Apportionment Report (CAHSEE)

Item W-15

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

Waiver Numbers: Morgan Hill Unified School District 2-11-2015

Ravenswood City Elementary School District 23-10-2015

CDE Recommendation: Approval

ACTION: Member Burr moved to approve the CDE staff recommendations for each waiver item on consent (W-2, W-3, and W-7 through W-15).

Member Rucker seconded the motion.

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

No votes: None

Member Absent: Member Ortiz-Licon

 

Abstentions: None

 

Recusals: None

The motion passed with 10 votes.

*** WAIVERS***

W-1, W-4, W-5, W-6

Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item W-01

Subject: Request by Dinuba 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 students meet minimum qualifications as of July 1, 2009, to allow Leeza Pena to continue to provide services to students until

June 30, 2016, under a remediation plan to complete those minimum requirements.

Waiver Number: 8-11-2015

CDE Recommendation: Denial

ACTION: Member Sandoval moved to approve the CDE staff recommendation to deny waiver item W-1.

Member Holaday seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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.

Special Education Program (Resource Teacher Caseload)

Item W-04

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

Waiver Numbers: Middletown Unified School District 21-12-2015

Poway Unified School District 7-11-2015

CDE Recommendation: Approval with Conditions

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

Member Burr seconded the motion.

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

No votes: Member Rucker

Member Absent: None

 

Abstentions: None

 

Recusals: None

The motion passed with 9 votes.

Charter School Program (Nonclassroom-Based Funding)

Item W-05

Subject: Request by Rocklin Unified School District to waive portions of California Code of Regulations, Title 5, Section 11963.6(c), relating to the submission and action on a determination of funding request regarding nonclassroom-based instruction.

Waiver Number: 11-11-2015

CDE Recommendation: Approval

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

Member Williams seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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.

Community Day Schools (CDS) (Collocate Facilities)

Item W-06

Subject: Request by a school district to waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes. Two requests are from districts to waive portions of California Education Code Section 48661(a), relating to the collocation of a community day school with other types of schools.

Waiver Numbers: Earlimart Elementary School District 3-11-2015

Hacienda la Puente Unified School District 22-10-2015

Konocti Unified School District 5-11-2015

CDE Recommendation: Approval with Conditions

ACTION: Member Burr moved to approve the CDE staff recommendation for each waiver request.

Member Sun seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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 WAIVERS

***FIRST GROUP OF REGULAR CONSENT ITEMS***

Items 8 and 9, Item 11, and Item 13 through Item 18

Item 08

Subject: Revisions to the California School Accounting Manual.

Type of Action: Action, Information

CDE Recommendation: The CDE requests that the SBE approve the proposed revisions to the CSAM.

Item 09

Subject: : California Assessment of Student Performance and Progress: Authorize the California Department of Education to Enter Into a Memorandum of Understanding with edCount for the National Center and State Collaborative Assessment System and Test Content.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve of the CDE entering into an MOU and directs the CDE to incorporate the test items, as appropriate, into the California Alternate Assessment (CAA).

Item 11

Subject: Approval of 2015–16 Consolidated Applications.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the 2015–16 ConApps submitted by LEAs in Attachment 1.

Item 13

Subject: Recommendation for the Appointment of Barbara Murchison to the Position of State Lead for the Federal Every Student Succeeds Act.

Type of Action: Action, Information

CDE Recommendation: The California Department of Education (CDE) recommends that the SBE appoint Barbara Murchison to the position of ESSA State Lead.

Item 14

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 15

Subject: Consideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the determinations of funding and the periods specified for the 28 nonclassroom-based charter schools as provided in Attachment 1.

Advisory Commission on Charter Schools Recommendation

The ACCS met on February 9, 2016, and voted unanimously to approve the CDE recommendation that the SBE approve the determinations of funding and the periods specified for the nonclassroom-based charter schools as provided in Attachment 1.

Item 16

Subject: Consideration of a Request for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances as Required for a Nonclassroom-based Charter School Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the mitigating circumstances request and the proposed determination of funding for the Clear Passage Educational Center (CPEC) as provided in Attachment 1.

Advisory Commission on Charter Schools Recommendation

The ACCS met on February 9, 2016, and voted unanimously to approve the CDE recommendation that the SBE approve the mitigating circumstances request and the determination of funding as provided in Attachment 1.

Item 17

Subject: Consideration of a Retroactive Request for Determination of Funding as Required for a Nonclassroom-based Charter School Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the determination of funding for the period specified in Attachment 1.

Advisory Commission on Charter Schools Recommendation

The ACCS met on February 9, 2016, and voted unanimously to approve the CDE recommendation that the SBE approve the determination of funding and the period specified for IVHSA as provided in Attachment 1.

Item 18

Subject: Consideration of a Retroactive Request for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances as Required for a Nonclassroom-based Charter School Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the mitigating circumstances request and the determination of funding for TSDA as provided in Attachment 1.

Advisory Commission on Charter Schools Recommendation

The ACCS met on February 9, 2016, and voted unanimously to approve the CDE recommendation that the SBE approve the mitigating circumstances request and the determination of funding as provided in Attachment 1.

ACTION: Member Rucker moved to approve the CDE staff recommendations for each regular item on consent (Item 8, Item 9, Item 11, and Item 13 through Item 18).

Member Straus seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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.

***SeCOND GROUP OF REGULAR CONSENT ITEMS***

Item 5 and Item 12

Item 05

Subject: Approval of the Career Technical Education Incentive Grant: Grantee List.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE approve the list of 265 grantees and the preliminary allocations for the grant term of July 1, 2015, through June 30, 2017, as provided in Attachment 1.

Item 12

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 38 direct-funded charter school LEA Plans listed in Attachment 1.

The CDE recommends that the SBE provisionally approve four additional direct-funded charter school LEA Plans that are currently under review by the CDE. The review process is on-going and will be finalized by March 25, 2016. After this date, LEAs with incomplete LEA Plans will not be eligible to receive ESEA federal funding until they receive SBE approval at a later date. The LEAs with plans under review are listed in Attachment 3.

ACTION: Member Holaday moved to approve the CDE staff recommendations for each regular item on consent (Item 5 and Item 12).

Member Sandoval seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, Williams, Sun, Kirst, Straus, and Rucker

 

No votes: None

Member Absent: None

 

Abstentions: None

 

Recusals: Members Burr and Ortiz-Licon

The motion passed with 8 votes.

Item 06

Subject: Subject: Pupil Instruction: Courses Without Educational Content – Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Section 1700.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends the State Board of Education (SBE) take the following actions:

• Approve the Finding of Emergency (FOE)

• Adopt the proposed emergency regulations

• Direct the CDE to circulate the required notice of proposed emergency action, and then submit the emergency regulations for adoption to the 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 FOE and proposed emergency regulations

Item 07

Subject: Subject: Pupil Instruction: Courses Without Educational Content – Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Section 1700.

Type of Action: Action, Information

CDE Recommendation: The California Department of Education (CDE) recommends the SBE take the following actions:

• Approve the Notice of Proposed Rulemaking (Notice)

• Approve the Initial Statement of Reasons (ISOR)

• Approve the proposed regulations

• Direct the CDE to commence the rulemaking process

• Authorize the CDE to take any necessary action to respond to any direction or concern expressed by the Office of Administrative Law during its review of the Notice, ISOR and proposed regulations

ACTION: Member Straus moved to approve the CDE staff recommendations for each regular item on consent (Item 6 and Item 7) along with the changes noted by staff.

Member Rucker seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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 10

Subject: California High School Equivalency Tests: Approve Proposed General Educational Development® Passing Test Score Adjustment.

Type of Action: Action, Information

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

• Adopt the GED® Testing Service recommendation to reduce the GED® passing score to 145.

• Retroactively grant California High School Equivalency Certificates to persons who have achieved a score of 145 or higher on the 2014 version of the GED® test at any time since it was first released on January 1, 2014 in California.

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

Member Sun seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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 19

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; and Presentation regarding WestEd Standards Implementation Survey.

Type of Action: Action, Information

SBE Recommendation: The SBE staff recommends that the SBE:

1. Approve the SBE Draft Preliminary Report of Actions/Minutes for the January 13-14, 2016 meeting

2. Receive the Presentation regarding the English Language Arts and Mathematics Standards Implementation: WestEd Research Findings from Fall 2015

3. Provide Board member liaison reports

ACTION: Member Burr moved to approve the Preliminary Report of Actions/Minutes for the January 13-14, 2016 SBE meeting.

Member Rucker seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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 20

Subject: Indicator 17 of the State Performance Plan and Annual Performance Report for Special Education: State Systemic Improvement Plan.

Type of Action: Action, Information

CDE Recommendation: The CDE recommends that the SBE review and approve the SSIP prepared by the SED to be submitted to the OSEP by the mandated submission date of April 2, 2016.

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

Member Ortiz-Licon seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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 21

Subject: Update on Every Student Succeeds Act: Supplemental Educational Services and Public School Choice for the 2016–17 School Year.

Type of Action: Information

CDE Recommendation: This item is informational only.

ACTION: No Action Taken.

Item 22

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 DAY’S SESSION**

President Kirst adjourned the meeting at approximately 5:00 p.m.

CALIFORNIA STATE BOARD OF EDUCATION

Public Session

March 10, 2016

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

Thursday, March 10, 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

Special Presentations

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

Agenda Items

Adjournment

___________________________________________________________________

AGENDA ITEMS

Item 23

Subject: Developing a New Accountability System: Update on the Local Control Funding Formula, including, but not limited to, the Local Control and Accountability Plan and Annual Update Template; the Evaluation Rubrics; Discussion on the Every Student Succeeds Act State Plan; Introduction of the California Practitioners Advisory Group; and Revised Timeline for Transitioning to the New Accountability and Continuous Improvement System.

Type of Action: Action, Information

CDE Recommendation: It is recommended the SBE take the following action:

• Direct staff to proceed with further analysis and design work to develop a complete LCFF evaluation rubrics prototype based on the proposed architecture of the single, coherent accountability and continuous improvement system as summarized in Attachments 1, 2, and 3.

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

Member Straus seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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.

Re-Opening Item 19

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; and Presentation regarding WestEd Standards Implementation Survey.

Type of Action: Action, Information

SBE Recommendation: SBE staff recommends that the SBE:

1. Approve the draft California Practitioners Advisory Group (CPAG) Governing Policy (Attachment 2).

2. Consider and approve the SBE Screening Committee’s recommendations to appoint new members to the CPAG, as provided as Attachment 3 (Item Addendum).

ACTION 1: Member Burr moved to approve the draft CPAG Governing Policy (Attachment 2), except that the membership shall be changed to “at least” 15 positions.

Member Straus seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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’s Screening Committee’s recommendations to appoint members to the CPAG, as indicated in Attachment 3 (Item Addendum).

Member Straus seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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.

*** PUBLIC HEARINGS ***

President Kirst opened the public hearing at 2:19 p.m.

President Kirst closed the public hearing at 2:25 p.m.

Item 24

Subject: Thrive Public School: Consider a Material Revision of the Charter to Change from Transitional Kindergarten through Grade Eight to Transitional Kindergarten through Grade Twelve.

Type of Action: Action, Information, Hearing

CDE Recommendation: The California Department of Education (CDE) recommends that the SBE hold a public hearing to approve, with one technical amendment, the request for a material revision to the TPS charter petition to change from transitional kindergarten (TK) through grade eight to TK through grade twelve. The CDE will conduct a pre-opening site visit at least 30 days prior to the scheduled opening date for any new facility. 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 TPS material revision at its February 9, 2016, meeting. The ACCS voted unanimously to accept the CDE recommendation that the SBE approve the material revision for TPS to change from TK through grade eight to TK through grade twelve.

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

Member Holaday seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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.

President Kirst opened the public hearing at 2:26 p.m.

President Kirst closed the public hearing at 2:35 p.m.

Item 25

Subject: The School of Arts and Enterprise: Hold a Public Hearing to Consider a Petition to Renew the Charter Currently Authorized by the State Board of Education.

Type of Action: Action, Information, Hearing

CDE Recommendation: The California Department of Education (CDE) recommends that the SBE hold a public hearing regarding the SAE petition, and thereafter approve the request with nine technical amendments to renew the SAE under the oversight of the SBE, 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. The CDE finds that the petition is consistent with sound educational practice, the SAE charter petitioner is demonstrably likely to successfully implement the intended program, and the SAE petition provides a reasonably comprehensive description of the 16 required charter elements pursuant to EC sections 47607, 47605(b)(1), 47605(b)(2), 47605(b)(4), 47605(b)(5), and 5 CCR Section 11967.5.1. The Meeting Notice for the SBE Advisory Commission on Charter Schools (ACCS) is located at .

Advisory Commission on Charter Schools

The ACCS considered the SAE renewal charter petition at its February 9, 2016, meeting. The ACCS voted to recommend that the SBE approve the SAE renewal charter petition with eight technical amendments, instead of nine technical amendments, proposing to delete the technical amendment for Element 8 as follows:

• The CDE recommends a technical amendment to the SAE petition to revise the proposed order of admission preferences to align with EC Section 47605(d)(2)(B) to state preferences in the following order: (1) pupils currently attending the charter school, and (2) pupils who reside within the district.

The motion passed with a vote of seven to one.

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

Member Rucker seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, 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.

President Kirst opened the public hearing at 2:51 p.m.

President Kirst closed the public hearing at 3:00 p.m.

Item 26

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Rocketship Mt. Diablo which was denied by the Mt. Diablo Unified School District and the Contra Costa County Board of Education.

Type of Action: Action, Information, Hearing

CDE Recommendation: The California Department of Education (CDE) recommends that the SBE hold a public hearing regarding the petition, and thereafter to conditionally approve, with nine technical amendments, the request to establish RSMD under the oversight of the SBE, for a five-year term effective July 1, 2016, through June 30, 2021, under the oversight of the SBE, 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 that the petitioner is likely to successfully implement the program set forth in the petition and the RSMD petition is consistent with sound educational practice. Inherent to this recommendation, the CDE proposes the following technical amendments: the RSMD petition will be revised to affirm that RSMD will serve only transitional kindergarten (TK) through grade five as indicated in the enrollment plan, with the understanding that material revisions to the RSMD petition would need to be submitted to, and approved by, the SBE in order to add or remove future grade levels including the addition of grade six as referenced in the petition or an increase or decrease in enrollment that differs by more than 25 percent of the enrollment approved by the SBE in the charter or in an SBE approved revised charter, or a change that could significantly impact the academic or financial sustainability of RSMD. 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 Advisory Commission on Charter Schools (ACCS) is located at .

Advisory Commission on Charter Schools

The ACCS considered the RSMD charter petition at its February 9, 2016, meeting. The ACCS voted to recommend that the SBE approve the charter petition to establish RSMD under the oversight of the SBE. The motion passed with a vote of five to one.

ACTION: Member Williams moved to approve the ACCS and CDE staff recommendations, with the following additional technical amendments: (1) that the school develop a plan to implement the ELD standards and track English learner reclassification rates and (2) that the school agree to two site visits by the CDE per year.

Member Holaday seconded the motion.

Yes votes: Members Holaday, Sandoval, McFarland, Williams, Sun, Kirst, Straus, and Burr

No votes: None

Member Absent: Member Ortiz-Licon

 

Abstentions: Member Rucker

 

Recusals: None

The motion passed with 8 votes.

**END OF PUBLIC HEARINGS**

***MEETING ADJOURNMENT***

President Kirst adjourned the meeting at approximately 4:30 p.m.

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