California State Board of Education
FINAL MINUTES – Agenda for March 11-12, 2015
/ CALIFORNIA STATE BOARD OF EDUCATIONFinal Minutes
March 11-12, 2015
State Board Members Present
Michael W. Kirst, President
Ilene W. Straus, Vice President
Sue Burr
Bruce Holaday
Aida Molina
Patricia A. Rucker
Niki Sandoval
Trish Williams
Kenton Shimozaki, Student Member
State Board Members Absent
Member Molina was absent on Thursday.
Secretary & Executive Officer
Hon. Tom Torlakson
Principal Staff
Karen Stapf Walters, Executive Director, State Board of Education (SBE)
Judy Cias, Chief Counsel, SBE
Patricia de Cos, Deputy Executive Director, SBE
Brooks Allen, 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, Associate Governmental Program Analyst, SBE
Glen Price, Interim Chief of Staff, California Department of Education (CDE)
Amy Cameron, Education Policy Administrator I, CDE
Nick Schweizer, Deputy Superintendent, CDE
Lupita Cortez-Alcala, Deputy Superintendent, CDE
Keric Ashley, Interim Deputy Superintendent, CDE
Amy Bisson-Holloway, General Counsel, CDE
Edmundo Aguilar, Assistant General Counsel, CDE
Please note that the complete proceedings of the March 11-12, 2015, State Board of Education meeting, including closed-captioning, are available online at: .
CALIFORNIA STATE BOARD OF EDUCATION
Public Session
March 11, 2015
President Kirst called the meeting to order at approximately 8:30 a.m.
Call to Order
Salute to the Flag
Communications
Announcements
______
Report of the Superintendent
______
AGENDA ITEMS
Item 01
Subject: Indicator 17 of the State Performance Plan and Annual Performance Report for Special Education: State Systemic Improvement Plan for Program Year 2013–2014.
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, 2015.
ACTION: Member Sandoval moved to approve the CDE staff recommendation.
Member Straus seconded the motion.
Yes votes:Members Holaday, Shimozaki, Williams, Molina, Kirst, Straus, Burr, Sandoval, and Rucker
No votes: None
Member Absent:None
Abstentions: None
Recusals: None
The motionpassed with 9votes.
Item 02
Subject: Special Education Task Force: Final Report and Recommendations.
Type of Action: Action, Information
SBE Recommendation: SBE staff recommends that the SBE consider the Special Education Task Force recommendations in the attached report, and direct SBE staff to work collaboratively with the CDE and CTC staff to determine the specific policy changes that would be required to implement the Task Force recommendations and how any efforts currently underway, that are consistent within the Task Force’s vision, may provide a foundation for next steps toward proposed short-term and long-term goals.
ACTION: Member Sandoval moved to approve the SBE staff recommendations.
Member Holaday seconded the motion.
Yes votes:Members Holaday, Shimozaki, Williams, Molina, Kirst, Straus, Burr, Sandoval, and Rucker
No votes: None
Member Absent:None
Abstentions: None
Recusals: None
The motionpassed with 9votes.
Item 03
Subject: California Assessment of Student Performance and Progress: Update on Program Activities, including,but not limited to, Approval of Individual Student Reports, California Alternate Assessment Field Test, Development of the New Primary Language Development Test, Smarter Balanced Assessments, and Digital Library Resources.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends the approval of the 2015 CAASPP Individual Student Results Reports and recommends the SBE Executive Director be granted the authority to approve technical changes to the reports as needed.
ACTION: Member Holaday moved to approve the CDE staff recommendation.
Member Burr seconded the motion.
Yes votes:Members Holaday, Shimozaki, Williams,Molina, Kirst, Straus, Burr, Sandoval, and Rucker
No votes: None
Member Absent:None
Abstentions: None
Recusals: None
The motionpassed with 9votes.
REPORT OF CLOSED SESSION
President Kirst announced that the Board discussed and/or took action on the following cases as noticed on the SBE’s agenda:Emma C. v. State, D.J. v. State, and Today’s Fresh Start
Item 04
Subject: California Assessment of Student Performance and Progress: Designation of the California Assessment of Student Performance and Progress Contractor.
Type of Action: Action, Information
CDE Recommendation:The CDE recommends that the SBE adopt the SSPI recommendation regarding the designation of a CAASPP Contractor.
ACTION: Member Straus moved to accept the SPI’s recommendation in his letter of March 6, 2015, and designate Educational Testing Service as the CAASPP contractor, expressly conditioned on ETS meeting each of the stated conditions that follow.
If these conditions are not met by the May 2015 SBE meeting, the SBE gives notice by this motion that it expressly reserves its right to rescind this designation and select another contractor at the May meeting.
The conditions to be met by ETS are as follows:
• A draft contract and scope of work to which the parties will have reached substantial agreement shall be presented at the May 2015 SBE meeting. The contract shall be executed shortly thereafter with the approval of the State Board President or his designee and the Superintendent of Public Instruction or his designee.
• In no event shall the contract price exceed the amount that is estimated to be included in the annual Budget Act for this contract; nor shall the contract price exceed the published cost submission total except as stipulated below.
• The designated contractor shall be required to ensure online individual student results for all CAASPP computer-based assessments be available in the Dynamic Online Reporting System within three (3) weeks after the student has completed all components of the assessment for that content area.
• The designated contractor shall be required to ensure online individual student results for all CAASPP paper-pencil tests be available in the Dynamic Online Reporting System within six (6) weeks after the scoring center receives a complete clean set of answer documents for processing and scoring and after receipt of the score keys and conversion tables.
• If directed by the SBE or the CDE, the designated contractor and/or their subcontractors for a specific task will agree to provide the same approach/work described in another bidder’s submission for that task (the desired approach) at costs not to exceed the cost proposed for that task in the other submission.
•To involve California teachers in the scoring to the maximum extent possible, with alarge component on professional development.
Further, the SBE reserves the right to extend the ETS designation for a longer period with additional test administrations and fiscal years and cost to be negotiated and approved by the Department of Finance in accordance with Education Code Section 60643.
Member Burr seconded the motion.
Yes votes:Members Holaday, Shimozaki, Williams, Molina, Kirst, Straus, Burr, Sandoval, and Rucker
No votes: None
Member Absent:None
Abstentions: None
Recusals: None
The motionpassedwith 9votes.
***WAIVERS ON CONSENT***
W-1 through W-13
Federal Program Waiver (Carl D. Perkins Career and Technical Education Improvement Act of 2006)
Item W-01
Subject: Request by three 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 Numbers: Chawanakee Unified School District Fed-14-2014
Fall River Joint Unified School District Fed-13-2014
Los Molinos Unified School District Fed-1-2015
CDE Recommendation:Approval
Independent Study Program (Pupil Teacher Ratio)
Item W-02
Subject: Request by Middletown Unified 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). The waiver is related to the charter school independent study pupil-to-teacher ratio to allow an increase from 25:1 to 27.5:1.
Waiver Number: 9-10-2014
CDE Recommendation:Approval with Conditions
Open Enrollment (Removal From the List of LEAs)
Item W-03
Subject: Request by four school districts to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove four schools from the Open Enrollment List of “low-achieving schools” for the 2015–16 school year.
Waiver Numbers: Atwater Elementary School District 20-11-2014
Conejo Valley Unified School District 13-12-2014
Covina-Valley Unified School District 10-12-2014
Savanna Elementary School District 8-12-2014
CDE Recommendation:Approval with Conditions
Open Enrollment (Removal From the List of LEAs)
Item W-04
Subject: Request by Conejo Valley Unified School District for a renewal to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Conejo Elementary School from the Open Enrollment List of “low-achieving schools” for the 2015–16 school year.
Waiver Number: 12-12-2014
CDE Recommendation:Denial
Open Enrollment (Removal From the List of LEAs)
Item W-05
Subject: Request by Covina-Valley Unified School District for a renewal to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Manzanita Elementary School from the Open Enrollment List of “low-achieving schools” for the 2015–16 school year.
Waiver Number: 9-12-2014
CDE Recommendation: Denial
Open Enrollment (Removal From the List of LEAs)
Item W-06
Subject: Request by Jamestown Elementary School District for a renewal to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Jamestown Elementary School from the Open Enrollment List of “low-achieving schools” for the 2014–15 school year.
Waiver Number: 26-10-2014
CDE Recommendation:Denial
Open Enrollment (Removal From the List of LEAs)
Item W-07
Subject: Request by Jamestown Elementary School District for a renewal to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Jamestown Elementary School from the Open Enrollment List of “low-achieving schools” for the 2015–16 school year.
Waiver Number: 14-11-2014
CDE Recommendation: Denial
Special Education Program (Extended School Year (Summer School))
Item W-08
Subject: Request by four local educational agenciesto 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: Anderson Union High School District 16-11-2014
Paradise Unified School District 19-11-2014
Shasta County Office of Education Excel Academy 18-11-2014
Tehama County Office of Education 1-12-2014
CDE Recommendation:Approval with Conditions
Charter School Program (Nonclassroom-Based Funding)
Item W-09
Subject: Request by the Placer County Office of Education 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 Number: 16-12-2014
CDE Recommendation: Approval
Physical Fitness Testing (Physical Fitness Testing)
Item W-10
Subject: Request by Folsom-Cordova Unified School Districtto waive portions of the California Education Code Section 60800(a), relating to Physical Fitness Testing, specifically the testing window of February 1 through May 31 for grade nine students.
Waiver Number: 3-12-2014
CDE Recommendation: Approval
School District Reorganization (Elimination of Election Requirement)
Item W-11
Subject: Request by Humboldt County Board of Education on behalf of Redwoods Community College District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to reduce the number of trustees.
Waiver Number: 14-12-2014
CDE Recommendation: Approval
School District Reorganization (Elimination of Election Requirement)
Item W-12
Subject: Request by Sylvan Union Elementary School District 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: 11-12-2014
CDE Recommendation:Approval
Schoolsite Council Statute (Number and Composition of Members)
Item W-13
Subject: Request by 11 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 of members.
Waiver Numbers: Happy Camp Union Elementary School District 15-11-2014
Happy Valley Union Elementary School District 27-10-2014
Jamestown Elementary School District 25-10-2014
Kernville Union Elementary School District 2-12-2014
Little Shasta Elementary School District 9-11-2014
Maricopa Unified School District 12-11-2014
Mendota Unified School District 24-10-2014
Monrovia Unified School District 13-11-2014
Mountain Empire Unified School District 4-12-2014
Mountain Empire Unified School District 5-12-2014
Peninsula Union School District 6-12-2014
Siskiyou County Office of Education 23-11-2014
CDE Recommendation:Approval with Conditions
ACTION: Member Straus moved to approve the CDE staff recommendations for each waiver item on proposed consent.
Member Rucker seconded the motion.
Yes votes:Members Holaday, Shimozaki, Williams, Kirst, Straus, Burr, Sandoval, and Rucker
No votes: None
Member Absent: Member Molina
Abstentions: None
Recusals: None
The motion passed with 8votes.
***WAIVERS ON CONSENT***
W-14 through W-19 and W-21
Class Size Penalties (Over Limit on Grades 1-3)
Item W-14
Subject: Request by Capistrano 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: 114-2-2014
CDE Recommendation: Approval with Conditions
Class Size Penalties (Over Limit on Grades 4-8)
Item W-15
Subject: Request by Huntington Beach City Elementary School District for a renewal to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. A district’s current class size maximum is the greater of the 1964 statewide average of 29.9 to one or the district’s 1964 average.
Waiver Number: 36-4-2014
CDE Recommendation: Approval with Conditions
Other Waivers (Employment - Retirement System)
Item W-16
Subject: Request by Los Angeles Unified School Districtto waive California Education Code Section 45134(c), to allow the employment of a State Teachers' Retirement System retiree as a staff assistant to a Board Member.
Waiver Number: 15-12-2014
CDE Recommendation: Approval
Quality Education Investment Act (Class Size Reduction Requirements)
Item W-17
Subject: Request by Jurupa Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements
under the Quality Education Investment Act.
Waiver Numbers: 10-10-2014
11-10-2014
CDE Recommendation: Approval with Conditions
Quality Education Investment Act (Class Size Reduction Requirements)
Item W-18
Subject: Request by Washington Unified School District to waive California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2014–15 school year at Elkhorn Village Elementary School.
Waiver Number: 7-12-2014
CDE Recommendation: Approval with Conditions
Quality Education Investment Act (API Growth Target)
Item W-19
Subject: Request by Los Angeles Unified School District to waive portions of California Education Code Section 52055.760(c)(3) and 52055.740(c), regarding alternative program and Academic Performance Index requirements under the Quality Education Investment Act, that this funded school, shall meet their annual Academic Performance Index growth targets.
Waiver Number: 8-1-2015
CDE Recommendation: Approval
Teacher Evaluation and Assessment (Evaluate Every Three Years Instead of Two)
Item W-21
Subject: Request by Sacramento City Unified School Districtto waive Education Code Section 44664(a)(2) and (3), regarding the evaluation and assessment of the performance of each certificated employee.
Waiver Number: 21-11-2014
CDE Recommendation: Denial
ACTION: Member Straus moved to approve the CDE staff recommendations for each waiver item on proposed consent.
Member Shimozaki seconded the motion.
Yes votes:Members Holaday, Shimozaki, Williams, Kirst, Straus, Burr, and Sandoval
No votes: None
Member Absent:Member Molina
Abstentions: None
Recusals: Member Rucker
The motion passed with 7 votes.
***ACTION ON INDIVIDUAL WAIVERS***
W-20 and W-22
Quality Education Investment Act (Rule of 27)
Item W-20
Subject: Request by Los Angeles Unified School District to waive California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2013–14 school year at Joseph Le Conte Middle School.
Waiver Number: 9-1-2015
CDE Recommendation: Denial
ACTION: Member Holaday moved to approve the Los Angeles Unified School District’s waiver request.
Member Williams seconded the motion.
Yes votes:Members Holaday, Shimozaki, Molina, Williams, Kirst, Straus, Burr, and Sandoval
No votes: None
Member Absent:None
Abstentions: None
Recusals: Member Rucker
The motionpassed with 8votes.
QUALITY EDUCATION INVESTMENT ACT (Class Size Reduction Requirements)
Item W-22
Subject: Request by Los Angeles Unified School District to waive California EducationCode Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2014–15 school year at Western Avenue Elementary School.
Waiver Number: 10-1-2015