California State Board of Education
AGENDA – May 7-8, 2014
/ CALIFORNIA STATE BOARD OF EDUCATIONFinal Minutes
May 7-8, 2014
State Board Members Present
Ilene W. Straus, Vice President, Presiding Officer
Susan Burr
Carl Cohn
Bruce Holaday
Aida Molina
Patricia A. Rucker
Niki Sandoval
Trish Williams
Jesse Zhang, Student Member
Member Present Via Telephone Conference Call
Michael W. Kirst, President
State Board Members Absent
None
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
Carolyn Pfister, Education Programs Consultant, SBE
Beth Rice, Education Programs Consultant, SBE
Nancy Brownell, Senior Fellow, SBE and California Department of Education (CDE)
Amy Bubbico, Associate Governmental Program Analyst, SBE
Richard Zeiger, Chief Deputy Superintendent, CDE
Amy Cameron, Education Policy Administrator I, CDE
Lupita Cortez-Alcala, Deputy Superintendent, CDE
Deborah V. Sigman, Deputy Superintendent, CDE
Amy Bisson-Holloway, General Counsel, CDE
Edmundo Aguilar, Assistant General Counsel, CDE
Please note that the complete proceedings of the May 7-8, 2014, 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
May 7, 2014
Vice President Straus called the meeting to order at approximately 8:39 a.m.
Vice President Straus called the roll and President Kirst indicated that he was participating via teleconference.
Call to Order
Salute to the Flag
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Report of the Superintendent
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AGENDA ITEMS
Item 1
Subject: Update on the Activities of the California Department of Education and State Board of Education Regarding Implementation of Common Core State Standards Systems.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE take action as deemed necessary and appropriate but recommends no specific action at this time.
ACTION: No Action Taken.
Item 2
Subject: English Language Arts/English Language Development Framework for California Public Schools: Kindergarten Through Grade Twelve, 2014 Revision: Update on the Revision of the Framework.
Type of Action: Information
CDE Recommendation: The CDE is not seeking SBE action and has no recommendation on this item. The revision of the ELA/ELD Framework is available on the CDE Curriculum Frameworks English Language Arts Web page at http://www.cde.ca.gov/ci/rl/cf/ and it will be on the July 2014 agenda for action.
ACTION: No Action Taken.
Item 3
Subject: Update on California Assessment of Student Performance and Progress Activities, Including, but not limited to, the Spring 2014 Smarter Balanced Field Test and National Center and State Collaborative Activities.
Type of Action: Information
CDE Recommendation: This item is for information only. No specific action is recommended.
ACTION: No Action Taken.
Item 4
Subject: California Assessment of Student Performance and Progress: Approve Commencement of a 15-Day Public Comment Period for Amendments to the California Code of Regulations, Title 5, Sections 850 – 868.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends the SBE take the following actions:
· Approve the proposed changes to the proposed regulations;
· Direct that the proposed changes be circulated for a 15-day public comment period in accordance with the Administrative Procedure Act;
· If no relevant comments to the proposed changes are received during the 15-day public comment period, the proposed regulations with changes are deemed adopted, and the CDE is directed to complete the rulemaking package and resubmit it to the Office of Administrative Law (OAL) for approval;
· If any relevant comments to the proposed changes are received during the 15day public comment period, the CDE is directed to place the proposed regulations on the SBE’s July 2014 agenda for action; and
· Authorize the CDE to take any necessary ministerial action to respond to any direction or concern expressed by the OAL during its review of the rulemaking file.
ACTION: Member Burr moved to adopt the CDE staff recommendations.
Member Rucker seconded the motion.
Yes votes, by roll call: Members Holaday, Sandoval, Zhang, Williams, Molina, Kirst, Straus, Burr, Cohn, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Item 5
Subject: First draft reading of the State Implementation Plan for California Next Generation Science Standards for Public Schools, Grades Kindergarten through Grade Twelve as required in EC Section 60605.85 (b).
Type of Action: Information
CDE Recommendation: The CDE recommends that the SBE review the preliminary documentation and take no action at this time.
ACTION: No Action Taken.
*** PUBLIC HEARINGS ***
Vice President Straus opened the public hearing at approximately 1:34 p.m.
Vice President Straus closed the public hearing at approximately 1:46 p.m.
Item 7
Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Anahuacalmecac International University Preparatory High School which was denied by the Los Angeles Unified School District and the Los Angeles County Office of Education.
Type of Action: Action, Information, Hearing
CDE Recommendation: The CDE received the AIUPHS petition on appeal of a denial to renew the charter school. The CDE submitted a recommendation to the ACCS to deny the petition. In support of this recommendation, the CDE provided the analyses and the findings provided by LAUSD and the LACOE as well as the CDE’s review and analyses of the appeal. These analyses are also provided for the Board’s consideration. However, the ACCS recommended that the SBE allow a conditional approval contingent upon supplemental information being provided to the SBE. While the CDE is unable to make a recommendation in regards to the renewal of the petition, the CDE does recommend that the SBE review the additional information and determine if the documentation supports renewal of the charter.
Advisory Commission on Charter Schools (ACCS) Recommendation
The ACCS considered the AIUPHS petition at its April 9, 2014, meeting. The ACCS voted to recommend that the SBE approve the renewal petition with the following conditions: the petitioners submit revised enrollment numbers that reflect non-material changes that have occurred since the budget was first submitted, non-material revised financial plans, and non-material revised facility plans since the time of the initial denial by LAUSD in June 2013.
ACTION: Member Williams moved to conditionally approve a renewal of Anahuacalmecac under the State Board of Education to serve grades 9–12 with an enrollment cap of 240 students. The conditions included the following:
1. The school will provide a signed assurance to the State Board staff that it will comply with all provisions in the standard conditions on opening and operation and the memorandum of understanding with the State Board of Education, including providing budgets, audits, Local Control and Accountability Plans and other documents to CDE upon request.
2.Anahuacalmecac must comply with and provide assurances to the State Board staff regarding all technical amendments and deficiencies that have been identified in the CDE staff report.
3.As is the case with all SBE-authorized schools, Anahuacalmecac agrees that the site is subject to a pre-opening inspection and ongoing visitations and agrees to all conditions to furnish the certificate of E (educational) occupancy required by the State Board of Education, and that the school may not open until it has received clearance from CDE.
4.Provide proof of membership in a Special Education Local Plan Area to the State Board staff.
5.Provide a first year 2014-15 operational budget based on a revised actual projected enrollment to the State Board staff.
6.Provide a written assurance to the State Board staff that children of parents/guardians not willing to commit to 5–7 years of attendance will not be denied enrollment and that no student will be denied admission or continued enrollment if their parents/guardians do not fulfill the required 80 hours of engagement per year.
7.Anahuacalmecac must open by September 30, 2014. The school site will be visited by CDE staff at least 30 days prior to opening. All conditions and requirements specified by the State Board must be resolved by Anahuacalmecac no later than 30 days before the Anahuacalmecac charter school opens.
Member Holaday seconded the motion.
Yes votes, by roll call: Members Holaday, Sandoval, Zhang, Williams, Molina, Kirst, Straus, Burr, Cohn, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Vice President Straus opened the public hearing at approximately 3:15 p.m.
Vice President Straus closed the public hearing at approximately 3:19 p.m.
Item 8
Subject: Lifeline Education Charter School: Consider a Material Revision of the Charter to Change from Grades Six Through Twelve to Kindergarten Through Grade Twelve.
Type of Action: Action, Information, Hearing
CDE Recommendation: The CDE recommends that the SBE hold a public hearing to approve the request to revise the LECS charter petition to change grades served from six through twelve to K through grade twelve. The CDE will conduct a pre-opening site visit at least 30 days prior to the scheduled opening date. Written authorization from the CDE would be required prior to the operation of any additional facility.
Advisory Commission on Charter Schools (ACCS) Recommendation
The ACCS considered the LECS material revision at its April 9, 2014, meeting. ACCS voted unanimously to accept the CDE recommendation that the SBE approve the material revision for LECS to change its grades served from grades six through grade twelve to K through grade 12.
ACTION: Member Williams moved to adopt the CDE staff recommendations.
Member Holaday seconded the motion.
Yes votes, by roll call: Members Holaday, Sandoval, Zhang, Williams, Molina, Kirst, Straus, Burr, Cohn, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Vice President Straus opened the public hearing at approximately 3:24 p.m.
Vice President Straus closed the public hearing at approximately 3:35 p.m.
Item 9
Subject: Petition for Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of the Magnolia Science Academy—Santa Ana, which was denied by the Santa Ana Unified School District and the Orange County Office of Education.
Type of Action: Action, Information, Hearing
CDE Recommendation: The CDE received the MSA—SA petition on appeal of a denial to establish a new charter school. The CDE conducted an independent review and analysis of the petition. The CDE also reviewed and finds no fault with the documentation and analyses provided by the SAUSD and the OCOE. The CDE is providing the analyses and the findings provided by SAUSD and the OCOE as well as the CDE’s independent review and analysis of the appeal for the Board’s consideration.
Advisory Commission on Charter Schools (ACCS) Recommendation
The ACCS considered the MSA—SA petition at its April 9, 2014, meeting. By a vote of seven to zero, with one abstention, the Commission recommended that the SBE approve the petition to establish MSA—SA under the oversight of the SBE.
ACTION: Member Holaday moved to approve Magnolia Science Academy as a new SBE-authorized charter school authorized to serve up to 200 students at 102 Baker Street and expand to 1,020 students upon construction and inspection of its new facility. Magnolia will comply with the technical amendments identified by the CDE, reach a mutually agreeable admissions procedure with SBE/CDE staff, and honor the commitments made by its legal counsel in the April 8, 2014, letter and in public testimony at the April 2014 ACCS meeting.
Member Williams seconded the motion.
AMENDMENT TO ACTION: Member Holaday amended his motion to include the condition that Magnolia Science Academy withdraw its request for renewal of a statewide benefit charter school.
Member Williams seconded the motion.
Yes votes, by roll call: Members Holaday, Sandoval, Zhang, Williams, Molina, Kirst, Straus, Burr, Cohn, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
*** END OF PUBLIC HEARINGS ***
Item 6
Subject: Consideration of “Reasonable Basis”/Mitigating Circumstances Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.
Type of Action: Action, Information
CDE Recommendation: The CDE recommends that the SBE approve a determination of funding with the consideration of mitigating circumstances, identified in Attachment 1, for charter schools that offer nonclassroom-based instruction.
Advisory Commission on Charter Schools Recommendation
The ACCS met on April 9, 2014, and voted to approve the CDE’s recommendation for charter schools identified in Attachment 1, Tables 1-3. There were three schools, which are listed in Attachment 1, Tables 4A, 4B, 5A, and 5B, which the ACCS recommendation differs from the CDE’s recommendation. The CDE recommendations are provided in Tables 4A and 5A. For the two schools, Mt. Lassen Charter School and Santa Rosa Academy, the CDE recommendation is not to approve mitigating circumstances and approve a determination of funding of 85 percent for four years. For one school, The Classical Academy, Inc., the CDE recommendation is not to approve mitigating circumstances and approve a determination of funding of 85 percent for five years. The ACCS is recommending approval of the mitigating circumstances and a determination of funding of 100 percent for three years for each of these three schools.
ACTION: Member Williams moved to approve the ACCS recommendation for all schools except for Classical Academy which shall be 100 percent funding for five years.
Member Holaday seconded the motion.
Yes votes, by roll call: Members Holaday, Sandoval, Zhang, Williams, Molina, Kirst, Straus, Burr, and Cohn
No votes, by roll call: Member Rucker
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 9 votes.
Item 14
Subject: STATE BOARD PROJECTS AND PRIORITIES.
Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board office budget, staffing, 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.