Final Minutes November 9, 2004 - SBE Minutes (CA State ...



Tuesday, November 9, 2004

California Department of Education

1430 N Street, Room 1101

Sacramento, California

Members Present

Ruth E. Green, President

Glee Johnson, Vice President

Ruth Bloom

Don Fisher

Ricky Gill

Reed Hastings

Jeannine Martineau

Joe Nuñez

Suzanne Tacheny

Johnathan Williams

Members Absent

Bonnie Reiss

Secretary and Executive Officer

Jack O’Connell, State Superintendent of Public Instruction

Principal Staff

Karen Steentofte, Acting Executive Director/Chief Counsel, State Board of Education

Rebecca Parker, Education Program Consultant, State Board of Education

Debbie Rury, Education Policy Consultant, State Board of Education

Deborah Franklin, Education Policy Consultant, State Board of Education

Maryanna Rickner, Legal Assistant, State Board of Education

Vickie Evans, Executive Assistant, State Board of Education

Robin Jackson, Executive Secretary, State Board of Education

Gavin Payne, Chief Deputy Superintendent, California Department of Education

Marsha Bedwell, General Counsel, California Department of Education

Susan Ronnback, Chief Policy Advisor to the State Superintendent of Public Instruction

Cindy Cunningham, Liaison to the State Board, California Department of Education

Call to Order

President Green called the meeting to order at 9:00 a.m.

Salute to the Flag

Mr. Fisher led the Board, staff, and audience in the Pledge of Allegiance.

Approval of Minutes (August 2004 Special Meeting and September 2004 Regular Meeting)

• ACTION: Mr. Hastings moved to approve the minutes for the August 2004 special meeting and September 2004 regular meeting with minor corrections. Ms. Martineau seconded the motion. The motion was approved by a vote of 8-0. Ms. Bloom and Ms. Johnson were not present at the time of the vote.

Announcements/Communications

State Board Staff

President Green announced that Bob LaLiberte had joined the State Board staff as a part-time employee. She also noted that Ms. Rickner would be leaving the Board at the end of November to join the Sacramento County Office of Education.

Changes to Agenda

President Green announced that Item 15 had been withdrawn; Item 43 would be heard before

Item 42; and Waiver Item W-2 had been withdrawn by the district.

2005-06 Student Member Interviews

President Green announced that during the lunch break the Screening Committee would interview six candidates for the 2005-06 Student Member. Recommendations on the three finalists would be presented under Item 18 when the Board reconvened after lunch.

President Green announced that speakers were limited to two minutes.

Superintendent’s Report

Superintendent O’Connell reported that 46 school bonds passed in the election held on November 2, 2004. He noted that on October 26-27, 2004, nearly 4,000 educators attended the Superintendent’s High School Summit, which was a tremendous success. Superintendent O’Connell thanked the Gates Foundation for co-sponsoring the event and the Board members who attended.

Superintendent O’Connell announced that he was pleased with Governor Schwarzenegger’s recent appointment of Tom Campbell to Director of the Department of Finance. He announced several CDE staff changes: (1) Kathleen Moore had joined CDE as the Director of the Schools Facilities Planning Division; (2) Camille Maben was promoted to Director of the School and District Accountability Division; (3) Jan Mayer was promoted to Director of the Learning Support and Partnerships Division; and (4) Teri Burns, Director of the Government Affairs Office, was leaving CDE to work in the private sector.

|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 Member Liaison Reports

The reports were given by the following liaisons: Ms. Martineau on the Special Education Commission, Ms. Bloom on the California Teachers Commission, and Mr. Gill on the Students Advisory Board of Education (SABE) Conference.

Curriculum Development and Supplemental Materials Commission Appointment

President Green announced that Rebecca Brown had previously been appointed to the Curriculum Development and Supplemental Materials Commission for a term beginning January 1, 2005 through December 31, 2008. Ms. Brown is a language-arts coordinator for the Sacramento City Unified School District and has 13 years of experience in education, during which she has been a teacher, reading coach, and principal.

Nominations for 2005 State Board Officers

President Green announced that the State Board bylaws provide that the Board Officer elections take place in January each year. She explained that nominations would be taken at this meeting and at the January 2005 meeting, but a vote would not occur until January 2005.

• NOMINATION FOR PRESIDENT: Ms. Bloom nominated Ms. Green.

• NOMINATION FOR VICE PRESIDENT: Ms. Bloom nominated Ms. Johnson.

The bylaws state that no second is required for nominations made at the December 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. | |

The following individual addressed the Board:

Alan Bonsteel

This item was for information only. No action was taken.

|ITEM 3 |2004 Base Academic Performance Index (API) Content Weightings. |INFORMATION |

| | |ACTION |

Bill Padia, Director of Policy and Evaluation Division, provided background information on the process.

Edward Haertel, Professor, Stanford University, School of Education, conducted a presentation on the 2004 base API content weightings. Topics included indicator weights for 2003 base API and proposed 2004 base API calculation methods. Holly Jacobson, Co-chair of the Public Schools Accountability Act (PSAA) Advisory Committee, presented information on the PSAA Advisory Committee’s recommendations on weighting of each test and subject area.

The Board held an in-depth discussion on the recommended API weightings and calculation method.

The following individuals addressed the Board:

Dick Bray, on behalf of ACSA

Sandra Burdick, California Council for Social Studies

• ACTION: Mr. Hastings moved that the State Board approve the Public Schools Accountability Act (PSAA) Advisory Committee recommendations regarding the content weightings for the 2004 Base API, as recommended by staff. Ms. Martineau seconded the motion. The motion was approved by a vote of 9-0. Ms. Johnson was not present at the time of the vote.

|ITEM 4 |School Accountability Report Cards: Proposed Changes Pursuant to Senate Bill 550 (Implementation of |INFORMATION |

| |Settlement Agreement in Williams, et al. v State of California, et al.). |ACTION |

Mr. Padia provided background information. He noted that this affects the areas of facilities, teachers, and textbooks. Mr. Padia stated that other developments are occurring that may require modifications in May 2005.

Ms. Bloom requested that a checklist for facilities be added to the SARC to include the percentage of working toilets in school districts. Ms. Tacheny requested that the Curriculum and Instruction section specify that instructional materials should be state-adopted (K-8) or standards aligned (9-12). President Green requested a checklist in addition to the narrative.

Jeanne Ludwig, Mathematics and Science Leadership Office, informed the Board that CDE is working with the California Commission on Teacher Credentialing and county offices to develop clearer language with regard to the teacher quality and misassignment issues.

President Green asked for a timeline for changes that could be made. Rachel Perry, Policy and Evaluation Division, commented that there was not an option for changes at this time for this school year, but in May 2005, Board approval would be requested for the next school year. The Board would have a chance to incorporate changes prior to that time.

The following individuals addressed the Board:

Sherry Griffith, Association of California School Administrators

Silvia DeRuvo, California Association of Resource Specialists and Special Education Teachers

John Affeldt, Public Advocates

Glen Thomas, Executive Director of California County Superintendents Educational Services Association

Ms. Steentofte provided clarification on the timeline. She stated that action could wait until January 2005, but that it would be a burden to the school districts.

Mr. Nunez noted that the Board could move forward on this piece with a commitment that the Board would work with all the interested parties. Ms. Tacheny noted that the checklist would need to be focused. Ms. Steentofte clarified that the changes are necessary to implement recent legislation.

• ACTION: Ms. Tacheny moved that the State Board approve the proposed changes in the report template and data definitions for the School Accountability Report Card (SARC), with amendments to add the percentage of working toilets in a school in the School Safety and Climate for Learning section (number 3) and to specify that instructional materials should be state-adopted (K-8) or standards aligned (9-12) in the Curriculum and Instruction section (3A), and direct staff to make the changes available to local educational agencies (LEAs) on the California Department of Education (CDE) Web site. Ms. Bloom seconded the motion. The motion was approved by a vote of 8-1. Ms. Martineau voted against the motion. Ms. Johnson was not present at the time of the vote.

|ITEM 5 |California High School Exit Examination (CAHSEE): Including, but Not Limited to, CAHSEE Program |INFORMATION |

| |Update. |ACTION |

Deb Sigman, Director of Standards and Assessment Division, commented that the CAHSEE release items were posted to the CDE Web site the previous week.

No action was taken on this item.

|ITEM 6 |California High School Exit Examination (CAHSEE): Presentation of the Independent Evaluation of the |INFORMATION |

| |CAHSEE: Year Five Report. |ACTION |

Ms. Sigman provided background information. Lauress Wise, HumRRO, conducted a PowerPoint presentation on the findings and recommendations from the independent evaluation. He noted that HumRRO had been awarded a new contract to continue the evaluation through September 2007.

The Board held an in-depth discussion regarding dropout rates.

Ms. Sigman updated the Board on the SB 964 Committee and noted that a final report is due from the committee on May 1, 2005. The committee meetings are open to the public. On October 12, 2004, the Committee discussed state and national trends. On January 7, 2005, the Committee will discuss alternative assessments. Ms. Sigman stated that draft recommendations would be brought forth from the contractor in February 2005, with the committee reviewing the draft reports in March 2005.

Ms. Sigman informed the Board that on November 30, 2004, in Sacramento and on December 2, 2004, in Burbank, CDE would be holding its annual fall assessment information meeting. She noted that approximately 600 people were expected to attend at each venue.

The following individuals addressed the Board:

Liz Guillen, Public Advocates

Silvia DeRuvo, California Association of Resource Specialists and Special Education Teachers

Jo Behm, Learning Disabilities Association

No action was taken on this item.

Lunch Break: President Green called for the lunch break at 11:59 a.m. She reconvened the meeting at 1:38 p.m. The Screening Committee (Mr. Hastings, Mr. Nunez, and Ms. Tacheny) and Mr. Gill met during the lunch break to interview the student member candidates.

President Green announced that Item 18 and 32 would be heard out of order.

|ITEM 18 |2005-06 State Board of Education Student Member: Interview of Six Candidates and Selection of Three |INFORMATION ACTION |

| |Finalists. | |

Ms. Parker reported on behalf of the Screening Committee on the recommendations for the 2005-06 Student Member. Mr. Gill commended the efforts of all the candidates.

• ACTION: Mr. Gill moved that the State Board approve the following three finalists, in preference order, for the position of 2005-06 Student Member to be presented to the Governor for appointment consideration:

▪ Paul Gardner III, Culver City, California, Culver City High School

▪ Anna Couturier, Mission Viejo, California, Mission Viejo High School

▪ Daniel Schultz, Porterville, California, Porterville High School

Ms. Martineau seconded the motion. The motion was approved by unanimous vote of the members present.

|ITEM 32 |2004 Health Primary Adoption of Instructional Materials: Curriculum Development and |INFORMATION ACTION |

| |Supplemental Materials Commission Recommendations. |PUBLIC HEARING |

Edith Crawford, Curriculum Development and Supplemental Materials Commission Chair, presented the Commission’s recommendations for adoption. She announced that this would be her last Board meeting because her term expires in December.

President Green commented that Ms. Crawford has been an excellent chair and her many hours of work and strong leadership is very much appreciated.

Sandra Mann, Chair of the Health Subject Matter, Curriculum Commission, explained the adoption process for the health instruction materials. She noted that only the programs that met all five criteria categories (health content/alignment with curriculum, program organization, assessment, universal access, and instructional planning and support) were recommended for adoption. Ms. Mann provided an overview of the review process.

Ms. Crawford thanked all those involved in this adoption. She stated that the following publications were recommended for adoption: Macmillan/McGraw-Hill Health and Wellness

(K-8), Harcourt Health and Fitness (K-6), and Holt Decisions for Health (6-8). Ms. Crawford commented that all the submitted programs went through the same rigorous process.

President Green reminded the audience that speakers were limited to two minutes.

Public Hearing Open: 2:08 p.m.

The following individuals addressed the Board:

Barbara Moggio, President, Health Wave publisher

Dee Brennick, on behalf of Assembly Member Jackie Goldberg

Bob Lucas, Lucas Advocates

Public Hearing Closed: 2:21 p.m.

President Green called for Board deliberation.

Mr. Nunez commented that he would be recommending Health Wave (grades 4-5) for adoption. He stated that health should have more choices since it is not a core area of the standards.

President Green asked for details on the health content errors in and specifics on the universal access concerns with Health Wave. Ms. Mann responded to the questions.

• ACTION: Ms. Bloom moved that the State Board take the following actions regarding the 2004 Health Primary Adoption:

(1) Adopt and reject the Health instructional materials submissions in accordance with

the recommendations of the Curriculum Development and Supplemental Materials Commission (Curriculum Commission).

(2) Find that each of the rejected submissions did not adequately meet the criteria for adoption taking into account the totality of the information received, including but not

limited to, the reasons presented by the Curriculum Commission. This finding serves as the written explanation for rejecting each of the submissions not adopted.

(3) Approve the Curriculum Commission’s report (amended as appropriate) as the final report of the 2004 Health Primary Adoption.

(4) Find that fewer than five submissions met the criteria for adoption for all grades and accept the review conducted by the Curriculum Commission and CDE staff of the degree to which the criteria and procedures used to evaluate the submitted materials were consistent with the State Board’s adopted curriculum framework, in accordance with Education Code Section 60200(e)(2).

Ms. Johnson seconded the motion. The motion was approved by a vote of 9-1.

Mr. Nuñez voted against the motion.

President Green thanked everyone involved in this adoption.

|ITEM 7 |Standardized Testing and Reporting (STAR) Program: Program Update Including, but Not Limited to, |INFORMATION |

| |Grade 4 and 7 California English-Language Arts Standards Test Writing Component. |ACTION |

Ms. Sigman commented that ETS and CDE staff facilitated a meeting of the English-language arts Content Review Panel (CRP) on October 6, 2004, to examine test items particularly in grades 2, 3, and 4 for 2002 through 2004. She stated that the CRP did not find anything specific to the items or the tests themselves that could explain the flattening or slight decline in scores in grade 3. Ms. Sigman stated that the items are functioning properly.

Ms. Sigman updated the Board on the writing tests for grades 4 and 7. She informed the Board that the funds have been restored and the writing component will be scored in 2005.

Ms. Sigman noted that Educational Testing Service (ETS) convened a writing task force on October 28 and 29, 2004, to consider changes in the 2006 writing tests. The writing task force recommendations for implementation in 2006 will be brought to the Board in January 2005.

No action was taken on this item.

|ITEM 8 |Standardized Testing and Reporting (STAR) Program: One-Year Extension of Educational Testing Service |INFORMATION |

| |(ETS) California Standards Tests (CSTs) and California Achievement Tests, Sixth Edition Survey |ACTION |

| |(CAT/6) Survey Contract. | |

Ms. Sigman provided background information. She noted that the Department of Finance would also have to approve the contract.

John Oswald, Senior Vice President and General Manager for ETS, Elementary & Secondary Education Division, provided the Board with an overview of ETS’ involvement with the current contract.

• ACTION: Mr. Hastings moved that the State Board, as provided for in the current contract with ETS for the California Standards Test and the CAT/6, approve a one-year extension, from January 1, 2006 through December 31, 2006, of that contract and the 2005-06 scope of work, with technical corrections subject to the approval of the Executive Director. This approval is conditioned on the following:

▪ In no event shall the contract price exceed the amount that is estimated to be included in the annual Budget Act ($54.5 million)

▪ Approval of the contract extension by the Department of Finance

▪ Continuation of the provision to allow any no-cost changes in the scope of work with the approval, in writing, of the Executive Director of the State Board and the State Superintendent of Public Instruction.

Ms. Martineau seconded the motion. The motion was approved by a vote of 9-0.

Ms. Tacheny was not present at the time of the vote.

|ITEM 9 |Standardized Testing and Reporting (STAR) Program: Release of Ten Percent Withheld for 2003-04 |INFORMATION |

| |Educational Testing Service (ETS) California Standards Tests (CSTs) and California Achievement Tests,|ACTION |

| |Sixth Edition Survey (CAT/6) Survey Contract. | |

Ms. Sigman provided background information.

• ACTION: Ms. Johnson moved that the State Board approve releasing the 10 percent of funds withheld from progress payments for the 2003-04 CST-CAT/6 Survey contract with ETS, pending completion of all contract requirements during December 2004, as recommended by staff. Mr. Nuñez seconded the motion. The motion was approved by a vote of 9-0. Ms. Tacheny was not present at the time of the vote.

|ITEM 10 |Standardized Testing and Reporting (STAR) Program: Approve Releasing Ten Percent Withheld for 2004 |INFORMATION |

| |CTB/McGraw-Hill Spanish Assessment of Basic Education, Second Edition (SABE/2) Contract. |ACTION |

Ms. Sigman provided background information.

• ACTION: Mr. Nuñez moved that the State Board approve releasing $123,636.20 withheld from the 2003-04 contract payments to CTB/McGraw-Hill, as recommended by staff. Ms. Bloom seconded the motion. The motion was approved by unanimous vote of the members present.

|ITEM 11 |California English Language Development Test (CELDT) Update: Including, but Not Limited to, 2003-04 |INFORMATION |

| |Initial Identification Results. |ACTION |

Ms. Sigman provided background information.

No action was taken.

|ITEM 12 |No Child Left Behind (NCLB) Act of 2001 – Including, but Not Limited to, California’s Proposed |INFORMATION |

| |Amendments to the state’s Accountability Workbook, 2004 Program Improvement Schools and Districts, |ACTION |

| |and Request to Waive the Title III Requirement for Assessing Kindergarten and First Grade English | |

| |Learners in Reading and Writing. | |

President Green congratulated Camille Maben on her recent promotion to Director of the School and District Accountability Division.

Ms. Maben provided updates on the amendments to the NCLB Accountability Workbook and also discussed program improvement. She stated that the amendments to the workbook had been approved by the U.S. Department of Education and were now incorporated in the workbook.

Ms. Sigman stated that a waiver is being requested for Titles I and III requirements for assessing English proficiency in reading and writing of kindergarten and grade 1 English learners. She provided the rationale for requesting the waiver. Mr. Fisher suggested that CDE waiver might have a better chance of being approved if California joined with other states in requesting a waiver at the same time. Superintendent O’Connell replied that CDE would approach the other 49 states on this issue.

The following individual addressed the Board:

Don Bridge, California Teachers Association

• ACTION: Ms. Bloom moved that the State Board approve the request to the U.S. Department of Education to waive the requirement for assessing English proficiency of kindergarten and first grade English learners in reading and writing. Ms. Martineau seconded the motion. The motion was approved by unanimous vote of the members present.

|ITEM 13 |No Child Left Behind Act (NCLB) of 2001: Approve Local Educational Agency Plans Title I Section 1112.|INFORMATION |

| | |ACTION |

Mr. Fisher recused himself from the discussion and vote on this item.

Ms. Maben provided background information.

• ACTION: Mr. Hastings moved that the State Board approve the Local Educational Agency (LEA) Plans that have met the requirements for full approval status, as recommended by staff. Mr. Williams seconded the motion. The motion was approved by a vote of 9-0. Mr. Fisher did not participate in the discussion or vote on this item.

|ITEM 14 |No Child Left Behind Act (NCLB) of 2001: Approve Additional Supplemental Educational Service |INFORMATION |

| |Providers for the List of 2004-2005 School Year Providers. |ACTION |

Ms. Maben provided background information.

• ACTION: Ms. Bloom moved that the State Board approve additional providers for the 2004-2005 school year list of approved supplemental educational service providers, as recommended by staff. Mr. Hastings seconded the motion. The motion was approved by a vote of 9-0. Mr. Fisher was not present at the time of the vote.

|ITEM 15 |No Child Left Behind Act (NCLB) of 2001: Revised Application and Scoring Rubric for Prospective |INFORMATION ACTION |

| |Supplemental Educational Services Providers. | |

This item was withdrawn.

|ITEM 16 |No Child Left Behind (NCLB) Act of 2001: Title IX, Persistently Dangerous Schools, Proposed Title 5 |INFORMATION ACTION |

| |Regulations –Approve Proposed Amendments and Circulate for a Second 15-Day Public Comment Period. | |

Jan Mayer, Director of the Learning Support and Partnerships Division, provided background information. She explained the changes that were responsive to the comments received during the public comment period.

• ACTION: Ms. Tacheny moved that the State Board approve the staff recommendations, with minor technical modifications that may be identified and incorporated by staff subject to the approval of the Executive Director of the State Board, and with the

clarification that the regulations be brought back to the Board in January 2005 only if objections to the revisions to the regulations are received during the 15-day public comment period. Mr. Gill seconded the motion. The motion was approved by a vote of

9-0. Mr. Fisher was not present at the time of the vote.

|ITEM 17 |Reading First Special Education Referral Reduction Program: Approval of Supplemental Instructional |INFORMATION ACTION |

| |Materials. | |

Bill Vasey, Director of Professional Development and Curriculum Support Division, provided background information. He noted that this item might be coming back in January 2005.

• ACTION: Mr. Nuñez moved that the State Board approve the initial list of research-based supplemental materials, contained in the agenda item materials, for use in the Reading First Special Education Referral Reduction Program and the proposed process for adding additional materials to the list, as recommended by staff. Ms. Johnson seconded the motion. The motion was approved by a vote of 8-0. Mr. Fisher and Ms. Martineau were not present at the time of the vote.

Note: Item 18 was heard after Item 6 (see above).

|ITEM 19 |Advisory Commission on Special Education: Report on Activities. |INFORMATION |

Jim Woodhead, Member of the Advisory Commission on Special Education, reported that the Governor had appointed Deborah Ann Corman, Humberto Guzman, and Michael L. Hardman to the Commission.

Mr. Woodhead reported that 80 percent of disabled students do not pass the California High School Exit Exam (CAHSEE) and these statistics are not likely to improve in the near future. Of these students, 24 to 30 percent are employed two years after graduation. Mr. Woodhead stated that the Commission is looking into the best practices for the transition to work and postsecondary education. He noted that there is a critical shortage of teachers for special education classes, with 30 percent of these teachers holding emergency credentials.

This item was for information only. No action was taken.

Changes to Agenda

President Green announced that Item 28 would be heard on Wednesday.

Proposed Consent (Items 20 through 25, 33, and 34)

|ITEM 20 |Gifted and Talented Education (GATE): Approval of Local Educational Agency (LEA) Applications for |INFORMATION ACTION |

| |Funding. | |

|ITEM 21 |Proposed Changes to Be Included in the California School Information Services (CSIS) Data Dictionary,|INFORMATION |

| |Version 6.0. |ACTION |

|ITEM 22 |Mathematics and Reading Professional Development Program (AB 466): Approve Local Education Agencies’ |INFORMATION ACTION |

| |(LEAs) Reimbursement Requests. | |

|ITEM 23 |Mathematics and Reading Professional Development Program (AB 466) (Chapter 737, Statutes of 2001): |INFORMATION ACTION |

| |Including, but Not Limited to, Approval of Training Providers and Training Curricula. | |

|ITEM 24 |The Principal Training Program (AB 75): Approval of Local Educational Agencies (LEAs) and Consortia |INFORMATION ACTION |

| |Applications for Funding. | |

|ITEM 25 |The Principal Training Program (AB 75): Approval of Training Providers. |INFORMATION ACTION |

|ITEM 33 |Assignment of Numbers for Charter School Petitions. |INFORMATION ACTION |

|ITEM 34 |Charter Schools: Determination and Redetermination of Funding Requests for 2004-05 (and beyond) for |INFORMATION ACTION |

| |Nonclassroom-Based Charter Schools. | |

President Green announced that the Marin County Office of Education had been removed from the list of schools recommended for GATE funding under Item 20; and the Executive Director was being authorized to approve any necessary minor technical changes under Item 21. She called for public comment and asked the Board members if there were any items that needed to be pulled from the proposed consent list.

• ACTION: Mr. Hastings moved that the State Board approve the staff recommendations under Items 20 through 25, 33, and 34, with corrections to Items 20 and 21, as follows:

▪ Item 20: Approve LEA GATE applications, excluding the Marin County Office of Education, for fiscal year (FY) 2004-05 funding and approve seven LEA applications recommended for changed approval status.

▪ Item 21: Approve the proposed changes for the CSIS Data Dictionary, Version 6.0, with minor technical modifications that may be identified and incorporated by staff subject to the approval of the Executive Director of the State Board.

▪ Item 22: Approve reimbursement requests for the local educational agencies (LEAs) that have complied with required assurances for the AB 466 Program, pursuant to the Education Code Section 99234(g).

▪ Item 23: Approve the recommended providers and training curricula for the purposes of providing professional development under the provisions of the Mathematics and Reading Professional Development Program (AB 466).

▪ Item 24: Approve by name only the LEAs and Consortia members who have submitted applications for funding under The Principal Training Program (AB 75).

▪ Item 25: Approve the list of Recommended Training Providers for the Principal Training Program (AB 75).

▪ Item 33: Assign charter numbers as follows: Los Angeles Academy of Arts and Enterprise Charter School (675); Ezequiel Tafoya Alvarado Academy (676); and

ASA Charter School (677)

▪ Item 34: Approve various 2004-05 (and beyond) determination of funding requests from charter schools pursuant to Education Code 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) and the California Department of Education (CDE).

Ms. Martineau seconded the motion. The motion was approved by unanimous vote of the members present.

|ITEM 26 |Immediate Intervention/Underperforming Schools program (II/USP): Proposed Intervention for Cohort I, |INFORMATION |

| |II, and III Schools that Failed to Show Significant Growth. |ACTION |

Wendy Harris, Director of School Improvement Division, provided background information.

The following individuals addressed the Board:

Stephen Rhoads, Urban School Districts

Peggy Barber, Los Angeles Unified School District

• ACTION: Mr. Nuñez moved that the State Board (1) determine that 19 schools will be deemed state-monitored; (2) require that the districts of the 19 state-monitored schools enter into contracts with a School Assistance and Intervention Team (SAIT); (3) allow the local governing board to retain its legal rights, duties, and responsibilities with respect to that school; and (4) reverse the state-monitored status for Williamson Elementary (Folsom-Cordova Unified School District) and put it on watch. Ms. Johnson seconded the motion. The motion was approved by a vote of 9-0. Ms. Bloom was not present at the time of the vote.

|ITEM 27 |Immediate Intervention/Underperforming Schools Program (II/USP): School Assistance and Intervention |INFORMATION ACTION |

| |Team (SAIT): Approval of Expenditure Plan to Support SAIT Activities and Corrective Actions in | |

| |State-Monitored Schools. | |

Ms. Harris provided background information.

▪ ACTION: Mr. Gill moved that the State Board approve the 2004-05 Expenditure Plan for State-Monitored Schools. Ms. Johnson seconded the motion. The motion was approved by a vote of 9-0. Ms. Bloom was not present at the time of the vote.

Note: Item 28 was postponed to the Thursday meeting.

|ITEM 29 |High Priority Schools Grant Program (HPSGP): Review of Schools Not Meeting Growth Targets After 24 |INFORMATION ACTION |

| |Months: Development of State Board of Education Procedure. | |

Ms. Harris provided background information. She noted that 120 high priority schools had met all their growth targets and no school had negative growth for both years.

President Green strongly urged CDE to require schools that had not met their growth targets in the first two implementation years to complete the Academic Program Survey. Ms. Harris noted that this could be done as a self-assessment to show the extent to which a system of improvement is in place.

The following individual addressed the Board:

Stephen Rhoads, Urban School Districts

• ACTION: Mr. Williams moved that the State Board adopt the procedure for staff to review the status of High Priority (HP) schools that uses API growth scores and direct the SSPI to send a letter to the each of the governing boards of the 134 schools that failed to meet their growth targets during both years of implementation but made significant growth: (1) directing the local governing board to hold a public hearing at a regularly scheduled meeting to ensure that members of the school community are aware of the lack of progress; (2) requiring that the schools complete an Academic Program Survey; and (3) directing the local governing board to work with the school and undertake corrective strategies as indicated by the results of the survey. Ms. Bloom seconded the motion. The motion was approved by unanimous vote of the members present.

|ITEM 30 |Senate Bill (SB) 1058 Follow-Up Adoption for K-8 Instructional Materials. |INFORMATION ACTION |

Tom Adams, Director of the Curriculum Framework and Instructional Resources Division, explained the follow-up adoption process and presented the timeline of significant events for the adoption. He noted that the Board is to adopt the instructional materials in September 2005.

• ACTION: Ms. Martineau moved that the State Board approve the 2005 Follow-Up Adoption Schedule of Significant Events, establishing follow-up adoptions for Foreign

Language, Mathematics, and Reading Language Arts/English Language Development. Ms. Tacheny seconded the motion. The motion was approved by unanimous vote of the members present.

|ITEM 31 |2005 History-Social Science Primary Adoption of Instructional Materials: Appointment of Instructional|INFORMATION |

| |Materials Advisory Panel (IMAP) Members and Content Review Panel (CRP) Experts. |ACTION |

Mr. Adams provided background information.

• ACTION: Ms. Bloom moved that the State Board (1) approve the recommended Instructional Materials Advisory Panel (IMAP) and Content Review Panel (CRP) members, conditioned on the joint conflict of interest review by State Board/Department of Education legal counsel. Ms. Martineau seconded the motion. The motion was approved by unanimous vote of the members present.

Note: Item 32 was heard after Item 18 and Items 33 and 34 were previously heard under proposed consent (see above).

|ITEM 35 |Assembly Bill 1994: Statewide Charter Schools: Adopt Proposed Title 5 Regulations. |INFORMATION ACTION |

Deborah Connelly, Charter Schools Division, provided background information.

The Board held discussed the oversight authority for these charter schools.

• ACTION: Mr. Hastings moved that the State Board approve the staff recommendations with minor technical modifications that may be identified and incorporated by staff subject to the approval of the Executive Director of the State Board and with the clarification that the regulations be brought back to the Board in January 2005 only if objections to the revisions to the regulations are received during the 15-day public comment period. Mr. Williams seconded the motion. The motion was approved by unanimous vote of the members present.

|ITEM 36 |Federal Public Charter Schools Grant Program Request for Applications. |INFORMATION ACTION |

Marta Reyes, Director of the Charter Schools Division, provided background information. She noted that California was awarded the largest grant ($80 million).

The following individual addressed the Board:

Peggy Barber, Los Angeles Unified School District

• ACTION: Ms. Johnson moved that the State Board approve the 2004-2007 Public Charter Schools Grant Program (PCSGP) Request for Applications (RFA), as recommended by staff. Ms. Tacheny seconded the motion. The motion was approved by unanimous vote of the members present.

Superintendent O’Connell thanked Ms. Reyes for the herculean effort she put into this grant. Ms. Reyes introduced Carol Barkley, Charter Schools Office, as the lead in the federal grant program.

|ITEM 37 |Proposed State Board of Education Policy for Independent Study through Nonclassroom-Based, On-Line |INFORMATION ACTION |

| |Distance Learning in Charter Schools. | |

This item was withdrawn.

|ITEM 38 |Request by New West Charter Middle School to Make Material Amendments to Its Charter. |INFORMATION ACTION |

Ms. Connelly provided background information on the amendments.

Mr. Hastings recommended an extension of one year in keeping with the original 3-year grant. Ms. Steentofte clarified that the extension is a material revision to the charter and is not to be confused with the renewal.

The following individual addressed the Board:

George Martinez, California Federation of Teachers

• ACTION: Mr. Hastings moved to approve as recommended by staff, without the condition relating to “Founders”, a new expiration date for the charter of June 30, 2006, with the following conditions:

▪ Elections for the Governance Council for the current year be conducted by the Executive Director of the school, rather than by individual members of the governing board, in an open and observed process.

▪ Governance Council agendas for public meetings of the council be provided to CDE oversight staff 10 days prior to each meeting so that staff may determine if there are any items for discussion that would warrant their attendance at the meeting.

▪ Draft minutes of Governance Council meetings be provided to CDE oversight staff no later than 3 days after each meeting, with final meeting minutes and all approved Governance Council resolutions provided to CDE staff no later than 2 weeks after each Governance Council meeting.

▪ New West agrees to cooperate in a limited scope audit conducted by CDE’s Audits and Investigations Division, which shall include a review of internal controls at the school, related party transactions, and a sample testing of expenditures.

Ms. Bloom seconded the motion. The motion was approved by a unanimous vote of the members present.

|ITEM 39 |Uniform Complaint Procedures (UCP): Approve Commencement of the Rulemaking Process. |INFORMATION |

| | |ACTION |

Geno Flores, Deputy Superintendent of the Standards and Assessment Branch, provided background information.

The following individuals addressed the Board:

Peggy Barber, Los Angeles Unified School District

Andrea Ball, Long Beach Unified School District

Mr. Flores noted that on Page 25 (Line 18) of the proposed regulations the word “inconsistent” might need to be changed to “consistent”. He informed the Board that it was anticipated that comments would be received during the 45-day public comment period.

• ACTION: Mr. Gill moved that the State Board approve the commencement of the regulatory process for the proposed regulation revisions, with technical changes, the Initial Statement of Reasons, and Notice of Proposed Rulemaking, and direct CDE staff to conduct a public hearing on the proposed regulations. Ms. Tacheny seconded the motion. The motion was approved by a unanimous vote of the members present.

|ITEM 40 |Petition to Amend Title 5 section 4910(k) of the California Code of Regulations (definition of |INFORMATION |

| |gender) pursuant to Government Code section 11340.6 |ACTION |

Mr. Flores provided background information.

• ACTION: Mr. Nuñez moved that the State Board deny the Petition to Amend Title 5 section 4910(k) of the California Code of Regulations (definition of gender) pursuant to Government Code section 11340.6 to define gender as the individual’s actual sex or the discriminator’s perception of that individual’s sex. Ms. Johnson seconded the motion. The motion was approved by unanimous vote of the members present.

|ITEM 41 |Proposed Unification of Alpine Union School District with the Corresponding Portion of Grossmont|INFORMATION |

| |Union High School District in San Diego County. |ACTION |

| | |PUBLIC HEARING |

Larry Shirey, School Fiscal Services Division, provided background information.

Public Hearing Opened: 5:05 p.m.

There were no public speakers.

Public Hearing Closed: 5:06 p.m.

President Green called for Board deliberation.

• ACTION: Mr. Fisher moved that the State Board adopt the proposed resolution to disapprove the proposal to unify the Alpine Union School District (USD) with the corresponding portion of Grossmont Union High School District (UHSD), as recommended by staff. Ms. Bloom seconded the motion. The motion was approved by unanimous vote of the members present.

President Green reminded the audience that Item 43 would be heard before Item 42.

|ITEM 43 |Proposed Dissolution of Folsom Cordova Unified School District and the Creation of Folsom |INFORMATION |

| |Unified School District and Rancho Cordova Unified School District in Sacramento County. |ACTION |

| | |PUBLIC HEARING |

Teri Chen, School Fiscal Services Division, provided background information.

Public Hearing Opened: 5:07 p.m.

The following individuals addressed the Board:

Sara Myers, Vice President of the Folsom Cordova Unified School District Board

Bob Kingsley, Folsom Cordova Unified School District

Public Hearing Closed: 5:10 p.m.

President Green called for Board deliberation.

• ACTION: Mr. Hastings moved that the State Board adopt the proposed resolution disapproving the petition to dissolve the Folsom Cordova Unified School District (USD) and create a Folsom USD and a Rancho Cordova USD, as recommended by staff. Ms. Tacheny seconded the motion. The motion was approved by unanimous vote of the members present.

|ITEM 42 |Environmental Effect of Proposed Dissolution of Folsom Cordova Unified School District and the |INFORMATION |

| |Creation of Folsom Unified School District and Rancho Cordova Unified School District in |ACTION |

| |Sacramento County. |PUBLIC HEARING |

Ms. Steentofte announced that there would be no action on Item 42 due to the action taken in

Item 43.

ADJOURNMENT OF DAY’S SESSION

President Green announced that the Board would meet in Closed Session at 8:00 a.m. on Wednesday for approximately one hour. The Public Session would begin at approximately 9:00 a.m. She adjourned the day’s session at 5:14 p.m.

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