California State Board of Education
AGENDA – July 12-13, 2017
/ CALIFORNIA STATE BOARD OF EDUCATIONFinal Minutes
July 12-13, 2017
MEMBERS PRESENT:
Michael W. Kirst, President
Ilene W. Straus, Vice President
Sue Burr
Bruce Holaday
Feliza I. Ortiz-Licon
Patricia A. Rucker
Niki Sandoval
Ting L. Sun
Trish Williams
Olivia Sison, Student Member
Tom Torlakson, SSPI
MEMBERS ABSENT
Karen Valdes
Sue Burr (Thursday only)
Principal Staff
Karen Stapf Walters, Executive Director, State Board of Education (SBE)
Judy Cias, Chief Counsel, SBE
Patricia de Cos, Deputy Executive Director, SBE
David Sapp, Deputy Policy Director and Assistant Legal Counsel, SBE
Leilani Aguinaldo, Director of Policy and Legislation, SBE
Janet Weeks, Director of Communications, SBE
Amber Alexander, Project Manager, Local Control Funding Formula, SBE
Carolyn Pfister, Education Administrator I, SBE
Pamela Castleman, Education Programs Consultant, SBE
Amy Bubbico, Staff Services Manager I
Glen Price, Chief Deputy Superintendent, California Department of Education (CDE)
Stephanie Papas, Education Policy Administrator I, CDE
Nick Schweizer, Deputy Superintendent, CDE
Tom Adams, Deputy Superintendent, CDE
Keric Ashley, Deputy Superintendent, CDE
Amy Holloway, General Counsel, CDE
Edmundo Aguilar, Chief Counsel II, CDE
Please note that the complete proceedings of the July 12-13, 2017, State Board of Education meeting, including closed-captioning, are available online at: .
CALIFORNIA STATE BOARD OF EDUCATION
Public Session
July 12, 2017
Wednesday, July 12, 2017 – 8:30 a.m. Pacific Time +
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
Call to Order
Salute to the Flag
Communications
Announcements
Report of the State Superintendent of Public Instruction
Special Presentations
Public notice is hereby given that special presentations for informational purposes may take place during this session.
Agenda Items
Adjournment
President Kirst called the meeting to order at approximately 8:30 a.m.
Report of the State Superintendent of Public Instruction
AGENDA ITEMS
Item 01
Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Approval of the Suspension of the Academic Performance Index Pursuant to Assembly Bill 99, Section 47 (Chapter 15, Statutes of 2017); Approval of the Eligibility Criteria for Alternative Schools; Update on the California School Dashboard; and Continued Developmental Work of Evaluation Rubrics.
Type of Action: Action, Information
CDE Staff Recommendation: The CDE recommends that the SBE approve the following:
- Suspension of the Academic Performance Index (API) pursuant to Assembly Bill 99, Section 47 (Chapter 15, Statutes of 2017).
- The eligibility criteria that schools must meet to qualify for alternative status, which includes:
- The “high-risk” student group definitions approved by the SBE in 2003.
- Seven new “high-risk” definitions specified in Attachment 4.
- District-operated special education schools be considered as “alternative” if at least 70 percent of the students enrolled in grades three through eight and grade eleven participated in the California Alternative Assessment (CAA).
ACTION: Member Burr moved to approve the CDE staff recommendations.
Member Straus seconded the motion.
Yes votes:Members Holaday, Sandoval, Sison, Sun, Williams, Kirst, Straus, Burr, Ortiz-Licon, and Rucker.
No votes: None
Member Absent: Member Valdes
Abstentions: None
Recusals: None
The motion passed with 10votes.
Item 02
Subject:Developing an Integrated Statewide System of Support for Local Educational Agencies and Schools: Proposed Goals and Characteristics of an Integrated System and Regional Structure for Providing Coordinated Support Across State and Federal Programs.
Type of Action: Action, Information
CDE Recommendation: No action is recommended at this time. However, the CDE requests that the SBE provide feedback on the June 2017 Information Memorandum and the proposed regional structure for implementing the system of support.
The CDE also recommends that the SBE take additional action as deemed necessary and appropriate.
ACTION: No Action Taken.
Item 03
Subject: Update on the Development of the California State Plan for the Every Student Succeeds Act.
Type of Action: Action,Information
CDE Recommendation: The CDE recommends that the SBE approve the revisions to the ESSA State Plan proposed in Attachment 1. The CDE will bring a final draft of the State Plan to the SBE for approval in September 2017.
ACTION 1: Member Sun moved to approve the staff recommendation to approve the revisions to the State Plan proposed in Attachment 1 and Attachment 4, with the exception of the proposed changes to the Title I, Part A: Accountability section, and with the following two changes:
- For Title I, Part A: Access to Educators, approve the proposed revision, but include clarification that the definition and approach to reporting data will account for statutory flexibility afforded to charter schools under state law.
- Include Option 1 for Title IV, Part A in the revised plan, instead of Option 2.
Member Williams seconded the motion.
Yes votes:Members Holaday, Sandoval, Sison, Sun, Williams, Kirst, Straus, Burr, and Rucker.
No votes: None
Member Absent: Member Valdes
Abstentions: Member Ortiz-Licon
Recusals: None
The motion passed with 9 votes.
ACTION 2: Member Sun moved that, for the section on the Title I, Part A: Accountability section, the SBE:
- Approve the “All Applicable Indicators” Option described in Attachment 2.
- Approve the proposed baseline methodology for identifying the lowest-performing Title I schools described in Attachment 2, as follows:
- Focus the identification of schools under ESSA within LEAs identified for support under LCFF, using the criteria the SBE adopted at the September 2016 SBE meeting.
- Add a new criterion to the LCFF identification criteria, which would identify LEAs that have at least one very low-performing school. The current definition of very low-performing school is All Red and All Red except One Orange on the state indicators.
- Direct staff to prepare a revised draft of the ESSA state plan that reflects #1 and #2 above and states that:
- The SBE will consider a proposed plan supplement at the January 2018 meeting for submission to the federal Department of Education that describes the approach for identifying schools beyond the baseline methodology.
- The plan supplement will reflect more current data that will be become available through the Fall 2017 Dashboard release expected in early December, which will reflect the LEAs actually identified for support under the state accountability system.
- Approve the recommendation to revise the state plan to specify that California will use multiple icons to report the participation rate in the Dashboard.
- Approve the recommendation to revise the state plan to specify that:
- The long-term goal will be set at the High (Status) and Maintained (Change) Green cell for the required indicators, with all Blue cells and all Green cells to the right of goal exceeding the goal and the Very High and Declined Green cell meeting the goal.
- The timeline for meeting the long-term goals will be 7 years.
Member Holaday seconded the motion.
Yes votes:Members Holaday, Sandoval, Sison, Sun, Williams, Kirst, Straus, Burr, and Rucker.
No votes: Member Ortiz-Licon
Member Absent: Member Valdes
Abstentions: None
Recusals: None
The motion passed with 9 votes.
Item 04
Subject: California Assessment of Student Performance and Progress: Begin the Process of Approving Renewal of Educational Testing Service’s Administration Contract for an Additional Two Years.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE direct the CDE to begin the process of renewing the current CAASPP administration contract for an additional two years as detailed below:
- Amend the contract end date from December 31, 2018 to December 31, 2020
- Negotiate, in conjunction with SBE and DOF staff, an amended SOW to add the 2019 and 2020 testing administrations and increase the overall budget by an amount not to exceed $157 million, subject to appropriation of the Legislature
- Ensure the following activities are addressed in the amended SOW:
- Ongoing administration of all components of the CAASPP system
- Technical work associated with preparing and administering the operational assessments currently under development (e.g., CAST, CAA for Science; and CSA)
- Enhancements to the reporting of student results, including increasing translations of student reports and paperless reporting options
- Enhancements to the technical hosting solution to allow for future growth and scalability
- Direct the CDE to present a draft contract amendment, consistent with these recommendations, to the SBE for consideration no later than January 2018.
ACTION: Member Burr moved to approve the CDE staff recommendations.
Member Sun seconded the motion.
Yes votes:Members Holaday, Sandoval, Sison, Sun, Williams, Kirst, Straus, Burr, and Ortiz-Licon.
No votes: None
Members Absent: Members Valdes and Rucker
Abstentions: None
Recusals: None
The motion passed with 9 votes.
Item 05
Subject: Adoption of the California English Learner Roadmap State Board of Education Policy: Educational Programs and Services for English Learners.
Type of Action: Action, Information
CDE Recommendation: The SSPI recommends that the SBE adopt theCalifornia EL Roadmap SBE Policy: Educational Programs and Services for English Learners.
ACTION: Member Ortiz-Licon moved to approve the CDE staff recommendation.
Member Sun seconded the motion.
Yes votes:Members Holaday, Sandoval, Sison, Sun, Williams, Kirst, Straus, Burr, Ortiz-Licon, and Rucker.
No votes: None
Member Absent: Member Valdes
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Item 06
Subject: California Education for a Global Economy Initiative: Commencement of Rulemaking Process for Amendments to Title 5 of the California Code of Regulations Sections 11300, 11301, 11309, 11310, and 11316 and Adoption of Proposed Sections 11311 and 11312.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends the SBE take the following actions:
- Approve the Notice of Proposed Rulemaking (Notice)
- Approve the Initial Statement of Reasons (ISOR)
- Direct the CDE to commence the rulemaking process
- Approve the proposed regulations
- 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 Ortiz-Licon moved to approve the CDE staff recommendations.
Member Rucker seconded the motion.
Yes votes:Members Holaday, Sandoval, Sison, Sun, Williams, Kirst, Straus, Burr, Ortiz-Licon, and Rucker.
No votes: None
Member Absent: Member Valdes
Abstentions: None
Recusals: None
The motion passed with 10 votes.
***WAIVERS ON CONSENT***
(W-01, W-02, and W-04 through W-19)
WAIVERS / ACTION AND CONSENT ITEMS
The following agenda items include waivers that are proposed for consent and those waivers scheduled for separate action because CDE staff has identified possible opposition, recommended denial, or determined may present new or unusual issues that should be considered by the State Board. Waivers proposed for consent are so indicated on each waiver’s agenda item; however, any board member may remove a waiver from proposed consent and the item may be heard individually. On a case-by-case basis, public testimony may be considered regarding the item, subject to the limits set by the Board President or by the President's designee; and action different from that recommended by CDE staff may be taken.
Charter School Program (Geographic Limitations - Classroom Based)
Item W-01
Subject:Requests by eight local educational agencies to waive portions of Education Code Sections 47605 and 47605.1 for eight charter schools which concern Nonclassroom-Based Charter School Resource Center Location.
Waiver Numbers: Acton-Agua Dulce Unified School District 16-3-2017
Butte County Office of Education 34-3-2017
Fort Sage Unified School District 15-3-2017
Lucerne Valley Unified School District 35-5-2017
Oak Grove Union Elementary School District 10-4-2017
San Gabriel Unified School District 3-5-2017
Twin Rivers Unified School District 36-4-2017
William S. Hart Union School District 39-5-2017
CDE Recommendation:APPROVAL WITH CONDITIONS
Charter School Program (Nonclassroom-Based Funding)
Item W-02
Subject:Request by four 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: Fort Sage Unified School District 27-4-2017
Sacramento City Unified School District 16-4-2017
Sweetwater Union High School District 37-5-2017
Tulare Joint Union High School District 29-6-2017
CDE Recommendation:APPROVAL
Community Day Schools (CDS) (Commingle Grade Levels)
Item W-04
Subject:Request by two school districts to waive California Education Code Section 48916.1(d), and to waive portions of California Education Code Section 48660, to permit a community day school to serve students in grades six through twelve.
Waiver Numbers: Kelseyville Unified School District 36-2-2017
Reef-Sunset Unified School District 29-4-2017
CDE Recommendation:APPROVAL WITH CONDITIONS
Equity Length of Time (Equity Length of Time)
Item W-05
Subject:Request by two 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: Oakley Union Elementary School District 1-5-2017
Sacramento City Unified School District 26-3-2017
CDE Recommendation:APPROVAL WITH CONDITIONS
Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)
Item W-06
Subject:Request by 11 school districts for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).
Waiver Number: Biggs Unified School District Fed-5-2017
Bret Harte Union High School District Fed-4-2017
Cabrillo Unified School District Fed-2-2017
Fort Bragg Unified School District Fed-6-2017
Gridley Unified School District Fed-1-2017
Kelseyville Unified School District Fed-8-2017
Laton Joint Unified School District Fed-7-2017
Mountain Valley Unified School District Fed-10-2017
Pierce Joint Unified School District Fed-11-2017
Plumas Unified School District Fed-12-2017
Siskiyou Union High School District Fed-9-2017
CDE Recommendation:APPROVAL
Independent Study Program (Pupil Teacher Ratio)
Item W-07
Subject:Request by the Kingsburg Elementary Charter School District to waive portions of California Education Code Section 51745.6, and California Code of Regulations, Title 5, Section 11704, and portions of Section 11963.4(a)(3), relating to charter school independent study pupil-to-certificated employee ratio to allow an increase from 25:1 to 27.5:1 pupil-to-certificated employee ratio at Central Valley Home School.
Waiver Number: 33-2-2017
CDE Recommendation:APPROVAL WITH CONDITIONS EC 33051(b) will apply
Instructional Time Requirement Audit Penalty (Below 1982-83 Base Minimum Minutes)
Item W-08
Subject:Requests by seven districts and one charter school under the authority of California Education Code sections 46206(a) and 47612.6(a), to waive Education Code sections 46200, 46201, and 47612.5, the audit penalties for offering insufficient instructional days or minutes during the 2015–16 school year.
Waiver Number: Central Union High School District 12-3-2017
Coalinga-Huron Unified School District 7-3-2017
Fullerton Joint Union High School District 6-2-2017
Lakeside Union Elementary School District 5-4-2017
Manzanita Charter Middle School 32-3-2017
Mariposa County Unified School District 8-3-2017
Napa Valley Unified School District 3-4-2017
Palo Verde Union Elementary School District 23-3-2017
CDE Recommendation:APPROVAL WITH CONDITIONS
Out-of-State Use of Funds and Transportation Allowances (Out-of-State Use of Funds and Transportation Allowances)
Item W-09
Subject:Request by Fairfield-Suisun Unified School District to waive a portion of California Education Code Section 35330(b)(3), to authorize expenditures of school district funds for students to travel out-of-state.
Waiver Numbers: Fairfield-Suisun Unified School District 12-4-2017
Fairfield-Suisun Unified School District 17-4-2017
CDE Recommendation:APPROVAL
School District Reorganization (60 day Requirement to Fill Board Vacancy)
Item W-10
Subject:Request by Coffee Creek Elementary School District to waive California Education Code Section 35780(a), which requires lapsation of a district with an average daily attendance of less than six.
Waiver Number: 24-3-2017
CDE Recommendation:APPROVAL
School District Reorganization (60 day Requirement to Fill Board Vacancy)
Item W-11
Request by Indian Springs Elementary School District to waive portions of California Education Code Section 5091, which will allow the board of trustees to make a provisional appointment to a vacant board position past the 60-day statutory deadline.
Waiver Number: 17-3-2017
CDE Recommendation:APPROVAL
Schoolsite Council Statute (Number and Composition of Members)
Item W-12
Subject:Request by nine 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:Brawley Union High School District 34-4-2017
Briggs Elementary School District 26-4-2017
Butte County Office of Education 9-3-2017
Butte County Office of Education 10-3-2017
Columbia Elementary School District 22-4-2017
Marin County Office of Education 6-4-2017
Mariposa County Unified School District 15-4-2017
Mendota Unified School District 2-5-2017
Terra Bella Union Elementary School District 6-3-2017
Tulelake Basin Joint Unified School District 3-3-2017
CDE Recommendation:APPROVAL WITH CONDITIONS
Special Education Program (Algebra I Requirement for Graduation)
Item W-13
Subject:Request by Natomas Unified School District to waive, for two students with disabilities, California Education Code Section 51224.5(b), the requirement that all students complete a course in Algebra I (or equivalent) to be given a diploma of graduation, consistent with Education Code Section 56101.