California State Board of Education
AGENDA – January 13-14, 2016
CALIFORNIA STATE BOARD OF EDUCATIONFINAL MINUTES
January 13-14, 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 January 13-14, 2016, State Board of Education meeting, including closed-captioning, are available online at: http://www.cde.ca.gov/be/ag/ag/sbewebcastarchive.asp.
CALIFORNIA STATE BOARD OF EDUCATION
Public Session
January 13, 2016
President Kirst called the meeting to order at approximately 8:30 a.m.
AGENDA ITEMS
Report of the Superintendent
AGENDA ITEMS
Item 01
Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act, including reauthorization known as the Every Student Succeeds Act and the implications for state accountability and state plans, and proposed waiver submissions related to Adequate Yearly Progress and Supplemental Educational Services.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends the SBE approve a waiver request to the U.S. Department of Education (ED). Specifically, the CDE seeks to waive the provisions of Section 1116(e) of the ESEA to allow LEAs that have Title I schools in PI to provide extended day intervention strategies to low income students who are academically deficient in English language arts (ELA), mathematics, and/or science using SES set aside funds.
ACTION: Member Straus moved to approve the CDE staff recommendation.
Member Rucker seconded the motion.
Yes votes: Members Holaday, Sandoval, Williams, Sun, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Item 02
Subject: Developing a New Accountability System: Update on the Local Control Funding Formula Evaluation Rubrics, including, but not limited to, a discussion on standards and expectations for improvement as specified in California Education Code Section 52064.5 and Implications for State and Federal Accountability.
Type of Action: Information
CDE Recommendation: The CDE staff recommends that the SBE take action as deemed necessary and appropriate but recommends no specific action at this time.
ACTION: No Action Taken.
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 Assessment, 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 the Student Score Report for 2015–16 and Beyond.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve the Student Score Report templates (Attachment 1) with the following provisions:
· The 2015–16 Student Score Report will report two data points (i.e., current and previous year), as appropriate.
· Reports in 2016–17 and beyond will provide a maximum of three years of student results (i.e., current and two previous years), as appropriate.
· The CDE will recommend revised Student Score Reports for SBE approval as new assessments are included in the CAASPP System.
· The SBE will authorize the CDE to make technical edits as necessary to the Student Score Reports.
ACTION: Member Burr moved to approve the CDE staff recommendations.
Member Rucker seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Item 05
Subject: California Assessment of Student Performance and Progress: Framework for the Development of the State Superintendent of Public Instruction’s Recommendation for the Expansion of the California Assessment of Student Performance and Progress System.
Type of Action: Information
CDE Recommendation: The CDE recommends that the SBE take no specific action at this time.
ACTION: No Action Taken.
Item 06
Subject: Golden State Seal Merit Diploma: Approve Changes to Eligibility Criteria.
Type of Action: Action, Information
CDE Recommendation: Golden State Seal Merit Diploma: Approve Changes to Eligibility Criteria.
ACTION: Member Sun moved to approve the CDE staff recommendation.
Member Burr seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Item 09 was withdrawn by the CDE.
Item 09
Subject: County-District-School Code Regulations: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 5 through 5.6.
Type of Action: Action, Information
**PUBLIC HEARING**
President Kirst opened the public hearing at 3:49 p.m.
President Kirst closed the public hearing at 3:55 p.m.
Item 10
Subject: Synergy Education Project: Consider Issuing a Notice of Intent to Revoke Pursuant to California Education Code Section 47607(e).
Type of Action: Action, Information, Hearing
CDE Recommendation: The CDE recommends that the SBE consider, based on substantial evidence, that Synergy Education Project (SEP) has not demonstrated increases in pupil academic achievement for all groups of pupils served by SEP pursuant to EC Section 47607(c)(2), that SEP engaged in fiscal mismanagement pursuant to EC Section 47607(c)(1)(C), and that SEP committed material violations of the SEP charter pursuant to EC Section 47607(c)(1)(A) as described in the Notice of Violation (NOV) issued by the SBE to SEP on November 5, 2015.
After consideration of substantial evidence presented, the CDE and the ACCS recommend that if the SBE finds that SEP has failed to refute, remedy, or propose to remedy the violations described in the NOV, that the SBE issue a Notice of Intent to Revoke with a Notice of Facts in Support of Revocation pursuant to EC Section 47607(e), included as Attachment 1.
If the SBE issues a Notice of Intent to Revoke and Notice of Facts in Support of Revocation of SEP, the CDE also recommends that the SBE hold a public hearing on January 14, 2016, to consider issuing a Final Decision to Revoke the SEP charter.
ACTION: Member Holaday moved to approve the CDE staff recommendation.
Member Williams seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
**END OF PUBLIC HEARING**
***WAIVER ITEMS ON CONSENT***
W-1 through W-10
Equity Length of Time (Equity Length of Time)
Item W-01
Subject: Request by five 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: Dunham Elementary School District 3-9-2015
Glenn County Office of Education 25-10-2015
John Swett Unified School District 18-10-2015
Lennox School District 19-8-2015
Modoc Joint Unified School District 21-10-2015
(Recommended for APPROVAL WITH CONDITIONS)
EMPLOYMENT - RETIREMENT SYSTEM
Item W-02
Subject: Request by Sanger Unified School District for a renewal to waive California Education Code Section 45134(c), to allow the employment of a State Teachers' Retirement System retiree as a classified school bus driver.
Waiver Number: 19-10-2015
(Recommended for APPROVAL)
Sale or Lease of Surplus Property (Lease of Surplus Property)
Item W-03
Subject: Request by Santa Monica-Malibu Unified School District to waive portions of California Education Code Section 17517, relating to the term of a joint occupancy lease entered into by a school district.
Waiver Number: 8-9-2015
(Recommended for APPROVAL)
Sale or Lease of Surplus Property (Sale of Surplus Property)
Item W-04
Subject: Request by Lake Elsinore Unified School District to waive California Education Code sections 17473 and 17474, and portions of 17455, 17466, 17468, 17470, 17472, and 17475, which will allow the district to sell one piece of property using a broker and a “request for proposal” process, maximizing the proceeds from the sale. The district property for which the waiver is requested is located at 21440 Lemon Street,
Wildomar, CA.
Waiver Number: 1-11-2015
(Recommended for APPROVAL WITH CONDITIONS)
School Construction Bonds (Bond Indebtedness Limit - Unified S.D.)
Item W-05
Subject: Request by Kings Canyon Joint Unified School District to waive California Education Code Section 15270(a), to allow the district to exceed its bond indebtedness limit of 2.5 percent of the taxable assessed value of the property. (Requesting 2.85 percent)
Waiver Number: 16-10-2015
(Recommended for APPROVAL WITH CONDITIONS)
School Construction Bonds (Citizens Oversight Comittee - Term Limits)
Item W-06
Subject: Request by Banning Unified School District to waive portions of California Education Code Section 15282, relating to term limits for members of a Citizens’ Oversight Committee for all construction bonds in the district.
Waiver Number: 2-10-2015
(Recommended for APPROVAL)
School District Reorganization (Elimination of Election Requirement)
Item W-07
Subject: Request by two school districts to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.
Waiver Number: Morgan Hill Unified School District 6-9-2015
Saugus Union School District 1-10-2015
(Recommended for APPROVAL)
Schoolsite Council Statute (Number and Composition of Members)
Item W-08
Subject: Request by 12 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: Contra Costa County Office of Education 1-9-2015
Glenn County Office of Education 5-9-2015
Hilmar Unified School District 14-10-2015
Hornbrook Elementary School District 15-10-2015
Lewiston Elementary School District 5-10-2015
Los Angeles County Office of Education 4-9-2015
Madera County Office of Education 12-10-2015
Placer County Office of Education 13-10-2015
San Mateo County Office of Education 10-10-2015
Shasta County Office of Education 9-9-2015
Tahoe-Truckee Unified School District 2-9-2015
Waugh Elementary School District 17-10-2015
(Recommended for APPROVAL WITH CONDITIONS)
Special Education Program (Extended School Year (Summer School))
Item W-09
Subject: Request by three 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: Butte County Office of Education 7-10-2015
Chula Vista Elementary School District 7-9-2015
Visalia Unified School District 11-10-2015
(Recommended for APPROVAL WITH CONDITIONS)
Charter School Program (Nonclassroom-Based Funding)
Item W-10
Subject: Request by two 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: El Centro Elementary School District 8-10-2015
Vallecitos Elementary School District 9-10-2015
(Recommended for APPROVAL)
ACTION: Member Rucker moved to approve the CDE staff recommendations for each waiver item on consent (Item W-01 through Item W-10).
Member Sandoval seconded the motion.
Yes votes: Members Sandoval, Sun, Williams, Kirst, Straus, Burr, Ortiz-Licon, McFarland, and Rucker
No votes: None
Member Absent: Member Holaday
Abstentions: None
Recusals: None
The motion passed with 9 votes.
***WAIVER ITEM ON CONSENT***
W-11
Class Size Penalties (Over Limit on Grades 1-3)
Item W-11
Subject: Request by Hesperia Unified School District under the authority of California Education Code Section 41382, for a renewal to waive portions of Education Code sections 41376(a), (c), and (d) and/or 41378(a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, the overall class size average is 31 to one with no class larger than 33. For grades one through three, the overall class size average is 30 to one with no class larger than 32.
Waiver Number: 12-7-2015
(Recommended for APPROVAL WITH CONDITIONS)
Recommendation: Approve CDE recommendation for W-11.
ACTION: Member Burr moved to approve the CDE staff recommendation.
Member Sun seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Kirst, Straus, Burr, Ortiz-Licon, and McFarland
No votes: None
Member Absent: None
Abstentions: None
Recusals: Member Rucker
The motion passed with 10 votes.
END OF WAIVERS
Item 11
Subject: STATE BOARD PROJECTS AND PRIORITIES.
Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board appointments and direction to staff; declaratory and commendatory resolutions; Bylaw review and revision; Board policy; approval of minutes; Board liaison reports; training of Board members; and other matters of interest.
Type of Action: Action, Information
SBE Recommendation: The SBE staff recommends that the SBE:
1. Take up Officer Elections for President and Vice President.
2. SBE Draft Preliminary Report of Actions/Minutes for the November 4-5, 2015 meeting.
3. Board member liaison reports.
ACTION: Member Burr moved to approve the SBE Draft Preliminary Report of Actions for the November 4-5, 2015 meeting.
Member Holaday seconded the motion.
Yes votes: Members Holaday, Sandoval, Sun, Williams, Kirst, Straus, Burr, Ortiz-Licon, and McFarland
No votes: None
Member Absent: Member Rucker
Abstentions: None
Recusals: None
The motion passed with 9 votes.
***ADJOURNMENT OF DAY’S SESSION***