California State Board of Education
AGENDA – January 15-16, 2014
/ CALIFORNIA STATE BOARD OF EDUCATIONFinal Minutes
January 15-16, 2014
State Board Members Present
Michael W. Kirst, President
Ilene W. Straus, Vice President
Susan Burr
Carl Cohn
Bruce Holaday
Aida Molina
Patricia A. Rucker
Niki Sandoval
Trish Williams
Jesse Zhang, Student Member
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
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 January 15-16, 2014, State Board of Education meeting, including closed-captioning, are available online at: http://www.cde.ca.gov/be/ag/ag/sbewebcastarchive.asp.
Public Session
January 15, 2014
President Kirst called the meeting to order at approximately 8:30 a.m.
Call to Order
Salute to the Flag
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Report of the Superintendent
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AGENDA ITEMS
Item 1
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.
Type of Action: Action, Information
SBE Recommendations: The SBE staff recommends that the SBE:
ACTION 1: Member Molina moved to approve the Preliminary Report of Actions/Minutes for the November 6-7, 2013 SBE Meeting.
Member Rucker seconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker.
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
ACTION 2: Member Burr moved to adopt the SBE Screening Committee’s recommendation for approving members to the Instructional Quality Commission (IQC), The Child Nutrition Advisory Council (CNAC), Advisory Commission on Special Education (ACSE), and the Advisory Commission on Charter Schools (ACCS) based on the information provided in the revised Attachment 2.
Member Straus seconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker.
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes
Item 2
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.
*** PUBLIC HEARING ***
President Kirst opened the public hearing at 10:13 a.m.
President Kirst closed the public hearing at 10:14 a.m.
Item 3
Subject: 2014 Mathematics Adoption of Instructional Materials: Instructional Quality Commission Recommendations.
Type of Action: Action, Information, Hearing
CDE Recommendations: The CDE recommends that the SBE adopt the 31 instructional materials programs recommended by the IQC.
The CDE also recommends that the SBE direct CDE staff, in conjunction with members of the IQC and/or Content Review Experts (CREs), as needed, to work with publishers to ensure that the edits and corrections adopted by the SBE have been made to their revised instructional materials.
ACTION: Member Straus moved to adopt the CDE staff recommendations.
Member Rucker seconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker.
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
*** END OF PUBLIC HEARING ***
Item 4
Subject: Update on Statewide Assessment Transition Activities, including Assessment, Technology, and Data Management.
Type of Action: Information
CDE Recommendation: This item is for information only. No specific action is recommended.
ACTION: No Action Taken.
Item 7
Subject: 2014 United States Senate Youth Program Presentation.
Type of Action: Information
CDE Recommendation: The CDE recommends that the SBE President and the SSPI present the 2014 USSYP awards to the 2014 delegates and alternates. The two delegates are (1) Daniel Cameron Hamidi and (2) Sabrina Mia Van Zuiden. The two alternates are (1) Justin Mark Hopkins and (2) William Oh.
ACTION: No Action Taken.
REPORT OUT OF CLOSED SESSION
President Kirst announced that the Board discussed and/or took action on the following case as noticed on the SBE’s agenda: Vergara et al. v. State of California, Governor Edmund G. Brown, Tom Torlakson, the California Department of Education, the State Board of Education.
Item 5
Subject: California Assessment of Student Performance and Progress (CAASPP): Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 850 – 868.
Type of Action: Action, Information
CDE Recommendations: The CDE recommends that the SBE take the following actions:
· Approve the Finding of Emergency;
· Adopt the proposed emergency regulations;
· Direct the CDE to circulate the required notice of proposed emergency action, and then submit the emergency regulations to the Office of Administrative Law (OAL) for approval; 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 Finding of Emergency and proposed emergency regulations.
ACTION: Member Straus moved to approve the CDE staff recommendations with the understanding to include language for English learners.
Member Rucker seconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.(Item 5 was reconsidered later in the meeting.)
Item 6
Subject: California Assessment of Student Performance and Progress (CAASPP): Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 850 – 868.
Type of Action: Action, Information
CDE Recommendations: The CDE recommends the SBE take the following actions:
· Approve the Notice of Proposed Rulemaking (Notice);
· Approve the Initial Statement of Reasons (ISOR);
· Approve the proposed regulations;
· Direct the CDE to commence the rulemaking process; and
· Authorize the CDE to take any necessary ministerial 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 Molina moved to approve the CDE staff recommendations with revisions discussed in Item 5 including addressing charter concerns.
Member Rucker seconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker.
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes. (Item 6 was reconsidered later in the meeting.)
The CDE staff asked the SBE members to reopen Item 5 and Item 6, in order to clarify the board’s previous motions around the emergency and regulatory rulemaking process.
RECONSIDERATION of Item 5 and Item 6
ACTION 1: The members who made the motions for Item 5 and Item 6 rescinded their original motions.
Member Holaday seconded the motions.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr Holaday and Rucker.
Motion passed with 10 votes.
ACTION 2: Member Molina moved to accept the CDE staff recommendations on Items 5 & 6 including the revisions presented by staff.
Member Straus seconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr Holaday and Rucker.
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
Motion passed with 10 votes.
Item 8
Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs, Including but Not Limited to, the School Improvement Grant Program and California’s Notice of Request to Waive Current Academic Assessments and Accountability from States that Participate in Field Testing of New State Assessments During the 2013–14 School Year Under the Elementary and Secondary Education Act Section 9401.
Type of Action: Action, Information
CDE Recommendations: The CDE recommends that the SBE take action as deemed necessary and appropriate. There is no specific action recommended at this time.
ACTION: No Action Taken.
Item 9
Subject: Elementary and Secondary Education Act: Assignment of Corrective Action and Associated Technical Assistance for Each of the 84 Local Educational Agencies in Cohort 7 of Program Improvement Year 3 and Submission of Annual Evidence of Progress for Local Educational Agencies in Cohorts 1–7 of Program Improvement Year 3.
Type of Action: Action, Information
CDE Recommendations: The CDE recommends that the SBE:
The California Department of Education (CDE) recommends that the State Board of Education (SBE) take the following individual actions for each of the 84 local educational agencies (LEAs) in Cohort 7 newly identified for Program Improvement Year 3 based on the 2013–14 Accountability Progress Report:
1. As a result of the overall improvement in student achievement over time associated with the Cohort 7 LEAs, assign the category of light intervention to all 84 LEAs in Cohort 7.
2. Assign additional resources to each of the LEAs in Cohort 7 of PI Year 3 consistent with federal requirements to provide technical assistance while instituting any corrective action.
· All Cohort 7 LEAs that have PI schools will be provided with additional fiscal resources to implement the assigned corrective action. Cohort 7 LEAs may utilize the additional fiscal resources to access technical assistance in order to analyze the needs of the LEA and its schools, review and revise the LEA Plan as necessary, access professional development resources to improve the academic achievement of students determined to be in greatest need of assistance, and continue the implementation of standards-based/standards-aligned instruction and materials. Those LEAs that do not have PI schools will not receive additional fiscal resources to access technical assistance.
3. Require, as established by the SBE at its November 2013 meeting, that each LEA in Cohort 7 continue to reserve an amount equal to 10 percent of its Title I allocation to provide professional development for teachers and administrators to strengthen the academic achievement of the LEA’s students determined to be in greatest need of assistance.
· Professional development includes, but is not limited to, professional development focused on standards-based/standards-aligned instruction and materials, implementation of the CCSS, and the use of effective instructional strategies.
4. Require each LEA in Cohorts 1–7 of PI Year 3 to demonstrate progress of corrective action implementation and monitoring through the annual electronic submission of an end-of-year evidence of progress report to the CDE. The report shall include:
· A description of the implementation of professional development for administrators and teachers that is designed to improve the academic achievement of students determined to be in the greatest need of assistance.
· An end-of-year summary description of the LEA’s progress toward improving student achievement.
· Documentation of annual communication with the local governing board regarding the LEA’s progress toward improving student achievement.
ACTION: Member Williams moved to approve the CDE staff recommendations.
Member Holaday seconded the motion.
Yes votes: Members Cohn, Zhang, Sandoval, Williams, Kirst, Burr, Holaday, and Rucker.
No votes: None
Member Absent: None
Abstentions: Member Molina
Recusals: Member Straus
The motion passed with 8 votes.
Item 10
Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Removal of Providers from the 2011–13, 2012–14, and 2013–15 Approval Lists for Failure to Submit a Complete 2012–13 Supplemental Educational Services Accountability Report or Failure to Meet the Regulatory Requirements of Provision of Services.
Type of Action: Action, Information
CDE Recommendations: The CDE recommends that the State Board of Education (SBE) remove SES providers from the approved 2011–13, 2012–14, and/or 2013–15 lists who failed to meet the participation or growth criteria or submit a complete 2012–13 SES Accountability Report, pursuant to the California Code of Regulations, Title 5 (5 CCR) Section 13075.4(a). 5 CCR sections 13075.4(a) and 13075.5(d)(1), (2), and (3)(H) are located on the CDE SES Web document at [Note: Invalid link removed.]. The list of providers recommended for removal has been provided as Attachment 1.
ACTION: Member Cohn moved to approve the CDE staff recommendations based on the information provided in the revised Attachment 1.
Member Burr seconded the motion.
Yes votes: Members Cohn, Zhang, Molina, Sandoval, Williams, Kirst, Straus, Burr, Holaday, and Rucker.
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
Item 11
Subject: Elementary and Secondary Education Act: School Improvement Grant: Approval of the State’s Application for the Fiscal Year 2013 School Improvement Grant Under Section 1003(g) of the Elementary and Secondary Education Act.
Type of Action: Action, Information
CDE Recommendations:
· The CDE recommends that the SBE authorize SBE President Michael W. Kirst, in consultation with State Superintendent of Public Instruction Tom Torlakson, to approve California’s request to the ED for a waiver of sections I.A.1 and II.B.10 of the SIG final requirements to permit the state to use the same Tier I, Tier II, and Tier III lists it used in the SIG FY 2009 and FY 2010 competitions. The draft letter to Deborah Delisle, Assistant Secretary, is provided as Attachment 2.
· The CDE also recommends that the SBE authorize SBE President Michael W. Kirst, in consultation with the State Superintendent of Public Instruction Tom Torklakson, to approve California’s SIG application to the ED and record of public comments. The application is provided as Attachment 3.
ACTION: Member Cohn moved to the CDE staff recommendations.