Final Minutes

State Board of Education

July 12-13, 2006

California Department of Education

1430 N Street, Room 1101

Sacramento, California

Members Present

Kenneth Noonan, Vice President

Alan Bersin

Yvonne Chan

Don Fisher

Paul Gardner III

Ruth E. Green

David Lopez

Joe Nuñez

Johnathan Williams

Ruth Bloom

Vacant

Members Absent

None

Secretary and Executive Officer

Gavin Payne, Chief Deputy Superintendent of Public Instruction

Call to Order at 9:00 a.m.

Vice President Noonan called the meeting to order, announcing that a quorum of members of the California State Board of Education (the “SBE” or the “Board”) was present and welcoming the public to the meeting.

Vice President Noonan provided announcements regarding the structure and duration of the meeting, stating that any business agendized for Wednesday that could not be finished would be carried forward to Thursday.

Salute to the Flag

Mr. Payne led the Board and the audience in the Pledge of Allegiance

Approval of Minutes (March 8-9, 2006, April 17, 2006, and May 10-11, 2006)

The Board took action to approve the minutes from the previous board meetings.

Superintendent’s Report

Chief Deputy Superintendent Gavin Payne provided a report on various projects and priorities on behalf of Superintendent O’Connell.

Announcements/Agenda Changes

Vice President Noonan reported on the resignation of Glee Johnson from the State Board and stated that, as Vice President, he would preside over the Board meeting until a new President had been elected.

Vice President Noonan introduced Dr. David Lopez, the newly appointed member of the Board. Dr. Lopez is President of the NationalHispanicUniversity in San Jose. Prior to heading the NationalHispanicUniversity, Dr. Lopez was a professor and administrator at CSU Fresno for 22 years, within the School of Education and Human Development. Dr. Lopez has a doctorate in education with a concentration in curriculum and instruction.

Vice President Noonan also announced that the July meeting would be the last for Paul Gardner III, Student Member of the Board, as his term expired on July 31. He invited Board members to say a few words about Mr. Gardner and his work as a Board member. He also announced a reception in Member Gardner’s honor following the Board meeting.

Vice President Noonan announced the following changes to the Agenda:

  • Item 39would be heard immediately before Item 1.
  • Item 38 would be heard immediately before Item 4.
  • Closed session would be held Thursday morning at 8:00 am.
  • If the Board heard all items scheduled for Wednesday more quickly than anticipated, the Board could elect to move items scheduled for Thursday to Wednesday. Moving the items would occur only if no member of the public hadpreviously indicated a desire to speak on an item originally scheduled for Thursday.

Public Agenda Items

ITEM 39 / Board Officers: Election of President and Vice President / ACTION INFORMATION

Vice President Noonan began by stating that Chief Deputy Payne would preside over the election of new Board officers. Mr. Payne led the Board in electing new officers. The Board took the following actions:

  • ACTION: Mr. Bersin moved that:

a) There exists a need to take immediate action to conduct an election for President and Vice-president, pursuant to Art. IV, Sec. 2(g) of the State Board of Education bylaws, which says "In the event a vacancy occurs in the office of president or vice president during the year, an election shall be held at the next meeting"; and

b) That the need for action came to the attention of the SBE subsequent to the agenda being posted (onThursday June 29). This action is necessary as a result of Glee Johnson’s resignation on the afternoon of June 30. Mr. Gardner seconded the motion. The motion was approved by a vote of 10-0.

  • ACTION: Mr. Bersin nominated Ken Noonan for election to the office of president for 2006. Ms. Chan seconded the nomination.
  • ACTION: Ms. Green nominated Ruth Bloom for election to the office of vice president for 2006. Mr. Nuñez seconded the nomination.
  • ACTION: Mr. Williams moved to elect Ken Noonan to the office of president and Ruth Bloom to the office of vice president. Ms. Chan seconded the motion. The motion was approved by a vote of 10-0.

ITEM 1 / STATE BOARD PROJECTS AND PRIORITIES.
Including, but not limited to, future meeting plans; agenda items; State Board office budget; staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; review of the status of State Board-approved charter schools as necessary; Board Liaison Reports; and other matters of interest. / INFORMATION
ACTION

Board members Chan and Bloom provided reports on projects and priorities they have been working on since the previous meeting.

NO ACTION WAS TAKEN ON THIS ITEM.

ITEM 2 / PUBLIC COMMENT.
Public Comment is invited on any matter not included on the printed agenda. Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations. / INFORMATION

Members of the public addressed the Board for up to two minutes each on topics of interest to them that are not included in the Board’s agenda for this meeting. President Noonan thanked each for their comments and their interest in participating in the Board’s meeting.

NO ACTION WAS TAKEN ON THIS ITEM.

ITEM 3 / Appoint William Padia as Deputy Superintendent of the Assessment and Accountability Branch in accordance with Article IX, Section 2.1, of the Constitution of the State of California / ACTION INFORMATION

President Noonan requested that Chief Deputy Payne provide a recommendation to the Board for the appointment of an individual to hold one of the four Board-appointed positions within the California Department of Education, pursuant to Article IX, Section 2.1, of the Constitution of the State of California. Mr. Payne recommended that the Board appoint William Padia who is currently the acting Deputy Superintendent of the Assessment and Accountability Branch. After several board members commended Mr. Padia for his dedication to education in California, President Noonan asked Mr. Padia whether he would swear to conduct himself in accordance with SBE Policy 2. Mr. Padia agreed to do so. The Boardthen took the following action:

  • ACTION: Ms. Chan moved to appoint William Padia as Deputy Superintendent of the Assessment and Accountability Branch in accordance with Article IX, Section 2.1, of the Constitution of the State of California and the provisions of the State Board of Education (SBE) Policy Number 2: Policy for the Appointment of Constitutional Officers. Ms. Green seconded the motion. The motion was approved by a vote of 10-0.

ITEM 38 / State Board's Budget and Staffing Under New State Budget / ACTION INFORMATION

President Noonan introduced this item and announced the Board’s Executive Director, Mr. Roger Magyar who provided the Board with an update on budget and staffing matters for the Board. Mr. Magyar provided the Board with four options to consider regarding the legislature’s failure to fund the Board’s budget for fiscal year 2006-07. Several members of the Board commented on this matter. Mr. Bersin conveyed Governor Schwarzenegger’s continued support for the Board and commitment to resolving the Board’s budget matter as soon as possible. Mr. Gavin Payne agreed, on behalf of the Superintendent of Public Instruction, that the CDE would cover the Board’s budget at least until the Board’s September 2006 Board meeting and that there would be no reassignment of the Board’s classified staff. Following Board comment and deliberation on this matter, the Board took the following action:

  • ACTION: Ms. Chan moved that the SBE take no immediate action regarding the Board’s budget, provided that there is no change to the agreement reached with Mr. Payne. Ms. Green seconded the motion. The motion was approved by a vote of 10-0.

ITEM 4 / Legislative update, including, but not limited to information on legislation from the 2005-06 session / ACTION INFORMATION

President Noonan announced Ms. Lupita Cortez Alcala, from the CDE Governmental Affairs Division, who presented the item. Following Ms. Alcala’s presentation of the item, Board members asked questions about several pieces of legislation. President Noonan presented a recommended approach to enable the Board to engage in legislative matters. Following Board discussion on the matter, the Board took the following actions:

  • ACTION: Ms. Bloom moved to oppose SB 1580 (Ducheny). Mr. Williams seconded the motion. The motion was approved by a vote of 7-2 with Mr. Lopez abstaining.
  • ACTION: Mr. Fisher moved to oppose SB 1769 (Escutia). Ms. Green seconded the motion. The motion failed by a vote of 5-2.
  • ACTION: Mr. Noonan moved to request the Board reconsider its previous action regarding SB 1769. Mr. Nuñez seconded the motion. The motion was approved by a vote of 8-1.
  • ACTION: Mr. Williams moved to oppose SB 1769. Ms. Green seconded the motion. The motion was approved by a vote of 6-2 with Mr. Bersin and Mr. Lopez abstaining.

ITEM 5 / California Fresh Start (CFS) Pilot Program, Senate Bill (SB) 281 (Maldonado) Regulations: Approve proposed amendments / ACTION INFORMATION

President Noonan announced Phyllis Bramson-Paul, director of the Nutrition Services Division, who presented the item. Following Ms. Bramson-Paul’s description of the item, Board members asked questions about the proposed amendments to the regulations. Following deliberation on the item, the Board took the following action:

  • ACTION: Mr. Williams moved to:
  • Approve the proposed amendments to the regulations; and
  • Direct CDE to complete the rulemaking package and submit the amended regulations to the Office of Administrative Law for approval.

Ms. Chan seconded the motion. The motion was approved by a vote of 7-2 with Mr. Lopez abstaining.

ITEM 6 / Reading First: Approve recommendations for Spanish assessments and teacher training that have been considered by the English Learner Advisory Committee / ACTION
INFORMATION

President Noonan announced Donald Kairott, Director of the Professional Development and Curriculum Support Division, who presented the item.Following Mr. Kairott’s description of the item, Board members asked questions about the work of the English Learner Advisory Committee. Following deliberation on the item, the Board took the following action:

  • ACTION: Ms. Green moved to approve the recommendations for revision to the Reading First Spanish End-of-Year Assessments, 6-8 Week Skills Assessments, and Professional Development as proposed by the Reading First English Learner Advisory Committee (ELAC) and recommend the items outside of the scope of the contractor’s work be returned to the ELAC for further study and recommendations. Ms. Chan seconded the motion. The motion was approved by a vote of 9-0 with Mr. Lopez abstaining.

ITEM 7 / Reading First: Regulations – Approve Proposed Amendments to Regulations for Reading First Achievement Index/Definition of Significant Progress for a Second 15-Day Comment Period / ACTION
INFORMATION

President Noonan asked Donald Kairott, Director, Professional Development and Curriculum Support Division, to present the item. Following Mr. Kairott’s description of the item, Board members asked questions about the definition of significant progress. Following deliberation on the item, the Board took the following action:

  • ACTION: Mr. Nuñez moved to approve the proposed amendments to the regulations:
  • Direct that the proposed amendments be circulated for a second 15-day public comment period in accordance with the Administrative Procedure Act;
  • If no objections to the revisions are received during the second 15-day public comment period, the CDE shall complete the rulemaking package and submit the amended regulations to the Office of Administrative Law for approval; and
  • If substantive objections to the revisions are received during the second 15-day public comment period, the CDE shall place the amended regulations on the SBE’s September 2006 agenda for action following consideration of the comments received.

Ms. Green seconded the motion. The motion was approved by a vote of 9-0 with Mr. Lopez abstaining.

ITEM 8 / No Child Left Behind Act of 2001, Title II, Part A: ApproveProposed Plan of Detailed Activities to Meet the Highly Qualified Teacher Requirements by the End of the One Year Extension, June 30, 2007 / ACTION INFORMATION

President Noonan asked Donald Kairott, Director, Professional Development and Curriculum Support Division, to present the item. He indicated that the US Department of Education (ED) was extending, by one year, the deadline to satisfy the NCLB Highly Qualified Teachers requirement to California (and certain other states) if California developed and submitted a plan containing specific activities to ensure that all core academic subjects teachers would highly qualified by June 2007. The Board item contained the proposed plan for which the Department was requesting Board approval so that it could be submitted immediately to the ED.

Ms. Chan asked whether the High Objective Uniform State Standard of Evaluation (HOUSSE) process would continue to be available beyond June 2007. Mr. Kairott explained that ED staff indicated they believe HOUSSE options should terminate for all teachers except certain special education and rural, small school teachers. Nevertheless, he continued, the California Department of Education does not believe ED has the authority to terminate states’ HOUSSE procedures since HOUSSE was created as part of the NCLB Act and was never given a sunset date.

Following discussion of this matter, the Board took the following action:

  • ACTION: Mr. Nuñez moved to approve the plan of activities detailing the new innovative actions the CDE and local educational agencies (LEAs) will take to reach the No Child Left Behind (NCLB) Highly Qualified Teacher (HQT), 100 percent compliant goal by June 30, 2007, and beyond. Ms. Bloom seconded the motion.The motion was approved by a vote of 10-0.

ITEM 9 / School Accountability Report Card: ApproveProposed Template and Data Definitions for the 2006-07 School Year / ACTION
INFORMATION

President Noonan introduced Ms. Rachel Perry, manager in the Policy and Evaluation Division, who presented the item. Ms. Perry presented several changes to the School Accountability Report Card (SARC) template and data definitions that CDE is recommending that the Board approve to improve the SARC. Following Ms. Perry’s presentation, several Board members asked questions about the SARC template and changes thereto. Member Green specifically asked for greater explanation of the school’s academic performance information. Following thorough discussion of this matter, the Board took the following action:

  • ACTION: Ms. Bloom moved to approve the proposed template and data definitions for School Accountability Report Cards published in the 2006-07 school year as recommended by staff with minor technical changes to the following tables:
  • Add district level comparative information to the Suspensions and Expulsions table in the template (Page 3 of 13; Attachment 2) and amend the corresponding data definition (Page 14 of 57; Attachment 3).
  • Add a sentence to the Teacher Credentials table description that indicates additional data on teacher experience is available through the DataQuest Web site (Page 4 of 13; Attachment 2).
  • Correct the definition of vacant teacher position in the description of the Teacher Misassignments and Vacant Teacher Positions table (Page 4 of 14; Attachment 2).
  • Amend the Quality, Currency, and Availability of Textbooks and Instructional Materials table (Page 5 of 13; Attachment 2) – the third column header will read “Percent of Pupils Who Lack Their Own Assigned Textbook or Instructional Materials” and amend the data definition (Page 24 of 57; Attachment 3) to include the full citation from Education Code 60119 rather than a reference to that section.
  • Change column headers for the API Growth by Student Group – Three-Year Comparison table (Page 9 of 13; Attachment 2). “Actual API Growth” will now read “Actual API Change” and “2006 API Growth Score” will read “2006 API Score”. The corresponding change will be made to the table description and the data definition (Page 40 of 57; Attachment 3).
  • Add district and state level comparative information to the Dropout Rate and Graduation Rate table (Page 10 of 13; Attachment 2) and accompanying data definition (Page 44 of 57; Attachment 3).
  • Add a sentence to the Courses for University of California and/or California State University Admission table (Page 11 of 13; Attachment 2) that indicates additional information in this area is available through the DataQuest Web site.
  • Add the percent of students enrolled in Advanced Placement (AP) courses to the Advanced Placement Courses table (Page 12 of 13; Attachment 2) and modify the corresponding data definition (Page 50 of 57; Attachment 3). Also bolster the data definition to encourage LEA staff to report any International Baccalaureate courses offered at the school and the number and titles of AP courses with corresponding enrollment figures.

Mr. Gardner seconded the motion. The motion was approved by a vote of 10-0.

ITEM 10 / Update on issues related to California’s implementation of No Child Left Behind and other federal programs – Including, but not limited to, an update on approval from the U.S. Department of Education (ED) of amendments to California’s Accountability Workbook / ACTION INFORMATION

President Noonan announced Ms. Diane Levin, Manager, NCLB Policy and Implementation Office, who introduced the item, explaining that the three issues contained within the item would be discussed by three CDE staff.

Patrick McCabe, Acting Director, Policy and Evaluation Division, reported on the status of California’s NCLB Accountability Workbook. He recalled that the Board approved six changes to the Workbook and reported that ED had accepted three of the changes, had rejected two, and had determined that the last was an assessment, rather than an accountability, issue.

Deb Sigman, Director, Standards and Assessment Division, reported on the outcome of the ED Peer Review of California’s standards and assessment system. She stated that California received an “Approval Pending” rating. To improve its rating, California needs to develop descriptors of student knowledge and skill at the basic, proficient, and advanced performance levels in Reading/Language Arts and Mathematics for every grade. In response to questions from the Board, Ms. Sigman described descriptors from other states and described options for developing the descriptors.