California State Board of Education
AGENDA – March 12-13, 2014
/ CALIFORNIA STATE BOARD OF EDUCATIONFinal Minutes
March 12-13, 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 March 12-13, 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
March 12, 2014
President Kirst called the meeting to order at approximately 8:30 a.m.
Call to Order
Salute to the Flag
______
Report of the Superintendent
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AGENDA ITEMS
Item 1
Subject: Local Control Funding Formula: Update on California’s Local Educational Agency and School Planning and Accountability System.
Type of Action: Information
CDE Recommendation: No specific action is recommended at this time.
ACTION: No Action Taken.
Item 2
Subject: Local Control Funding Formula, Kindergarten and Grades One through Three Grade Span Adjustment: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 15498, 15498.1, 15498.2, and 15498.3.
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, in consultation with SBE staff, to take any necessary action, consistent with the SBE’s direction, to respond to any direction or concern expressed by the OAL during its review of the Finding of Emergency and proposed emergency regulations.
ACTION 1: Member Burr moved to adopt the CDE staff recommendations.
Member Rucker seconded the motion.
Yes votes: 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.
President Kirst reopened Item 2 in order to clarify the board’s previous motion.
ACTION 2:
Member Burr moved to adopt the CDE staff recommendation.
Member Rucker seconded the motion.
Yes votes: Members Holaday, Sandoval, Zhang, Williams, Molina, Kirst, Straus, Burr, Cohn, and Rucker
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
Motion passed with 10 votes.
Item 30
Subject: Local Control Funding Formula, Kindergarten and Grades One through Three Grade Span Adjustment: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 15498, 15498.1, 15498.2, and 15498.3.
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, in consultation with SBE staff, to take any necessary action, consistent with the SBE’s direction, 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 Burr moved to adopt the CDE staff recommendations.
Member Molina seconded the motion.
Yes votes: 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.
President Kirst reopened Item 30 in order to clarify the board’s previous motion.
ACTION 2: Member Burr moved to approve the CDE staff recommendation.
Member Molina seconded the motion.
Yes votes: 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 3
Subject: Demonstration of the Quality Schooling Framework.
Type of Action: Information
CDE Recommendations: The CDE recommends that the SBE consider this an information item with no specific action at this time.
ACTION: No Action Taken.
***WAIVERS ON CONSENT***
w-1 through w-17
Independent Study Program (Pupil Teacher Ratio)
PROPOSED CONSENT
Item W-01
Subject: Request by Capistrano Unified School District for a renewal 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), related to charter school independent study pupil-to-teacher ratio to allow an increase from 25:1 to a 27.5:1 pupil-to-teacher ratio at Capistrano Connections Academy Charter School.
Waiver Number: 14-12-2013
CDE Recommendation: Approval with Conditions
Open Enrollment (Removal From the List of LEAs)
PROPOSED CONSENT
Item W-02
Subject: Request by Covina-Valley Unified School District to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Lark Ellen Elementary School from the Open Enrollment List of “low-achieving schools” for the 2013–14 school year.
Waiver Number: 13-12-2013
CDE Recommendation: Approval with Conditions
Open Enrollment (Removal From the List of LEAs)
PROPOSED CONSENT
Item W-03
Subject: Request by six school districts to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove nine schools from the Open Enrollment List of “low-achieving schools” for the 2014–15 school year.
Waiver Numbers: Conejo Valley Unified School District 28-12-2013
Conejo Valley Unified School District 29-12-2013
Evergreen Unified School District 21-12-2013
Evergreen Unified School District 22-12-2013
Fremont Unified School District 17-12-2013
Livermore Valley Unified School District 4-12-2013
Redlands Unified School District 9-12-2013
Redlands Unified School District 10-12-2013
Ripon Unified School District 05-12-2013
CDE Recommendation: Approval with Conditions
Physical Education Program (Block Schedules)
PROPOSED CONSENT
Item W-04
Subject: Request by Folsom-Cordova Unified School District to waive portions of California Education Code Section 51222(a), related to the statutory minimum requirement of 400 minutes of physical education each ten school days for students in grades nine through twelve in order to implement a block schedule at Vista del Lago High School.
Waiver Number: 26-10-2013
CDE Recommendation: Approval
Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)
PROPOSED CONSENT
Item W-05
Subject: Request by Lindsay Unified School District to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Katie Holland and Jessica Torres to continue to provide services to students until June 30, 2014, under a remediation plan to complete those minimum requirements.
Waiver Numbers: 13-11-2013
14-11-2013
CDE Recommendation: Approval with Conditions
Special Education Program (Resource Teacher Caseload)
PROPOSED CONSENT
Item W-06
Subject: Request by Moreland School District, under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than
4 students (32 maximum). Donna Wohltmann assigned at Payne Elementary School.
Waiver Number: 10-10-2013
CDE Recommendation: Approval with Conditions
Administrator/Teacher Ratio (Administrator/Teacher Ratio in Elementary School District)
PROPOSED CONSENT
Item W-07
Subject: Request by Mupu Elementary School District to waive California Education Code Section 41402(a), the requirement which sets the ratio of administrators to teachers for elementary schools at nine for every 100 teachers. Mupu Elementary School District would like to temporarily increase the ratio during the transition of training a new superintendent.
Waiver Number: 31-12-2013
CDE Recommendation: Approval
Sale or Lease of Surplus Property (Sale of Surplus Property)
PROPOSED CONSENT
Item W-08
Subject: Request by Gilroy Unified School District to waive portions of California Education Code sections 17466, 17472, and 17475, and all of 17473 and 17474, specific statutory provisions for the sale and lease of surplus property. Approval of the waiver would allow the district to sell two pieces of property using a broker and a “request for proposal” process, thereby maximizing the proceeds from the sale. The district properties for which the waiver is requested are the Wren Avenue Property and the Grove Property, both located in the city of Gilroy.
Waiver Number: 16-11-2013
CDE Recommendation: Approval with Conditions
School District Reorganization (60-day Requirement to Fill Board Vacancy)
PROPOSED CONSENT
Item W-09
Subject: Request by Union Hill 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: 11-12-2013
CDE Recommendation: Approval
School District Reorganization (Election of Governing Board)
PROPOSED CONSENT
Item W-10
Subject: Request by South Monterey County Joint Union High 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: 2-12-2013
CDE Recommendation: Approval
School District Reorganization (Elimination of Election Requirement)
PROPOSED CONSENT
Item W-11
Subject: Request by six school districts 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 Numbers: Beaumont Unified School District 20-1-2014
Desert Sands Unified School District 24-1-2014
Linden Unified School District 20-12-2013
Palm Springs Unified School District 22-1-2014
Stanislaus Union Elementary School District 15-12-2013
Waterford Unified School District 7-11-2013
CDE Recommendation: Approval
School District Reorganization (Lapsation of a Small District)
PROPOSED CONSENT
Item W-12
Subject: Request by Green Point Elementary School District for a renewal 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: 32-12-2013
CDE Recommendation: Approval
School District Reorganization (Lapsation of a Small District)
PROPOSED CONSENT
Item W-13
Subject: Request by two districts to waive portions of California Education Code sections 35534, 35780, and 35782, and all of Section 35786, regarding district lapsation and date of effectiveness of lapsation.
Waiver Numbers: Cox Bar Elementary School District 24-12-2013
Trinity Alps Unified School District 23-12-2013
CDE Recommendation: Approval
Schoolsite Council Statute (Number and Composition of Members)
PROPOSED CONSENT
Item W-14
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 members.
Waiver Numbers: Caruthers Unified School District 25-10-2013
Chawanakee Unified School District 7-12-2013
El Dorado County Office of Education 2-11-2013
Golden Feather Union Elementary School District 1-12-2013
Hilmar Unified School District 19-10-2013
Los Angeles County Office of Education 3-10-2013
Marysville Joint Unified School District 12-11-2013
Mountain Valley Unified School District 6-12-2013
Mountain Valley Unified School District 8-12-2013
Placer County Office of Education 27-12-2013
Pomona Unified School District 3-12-2013
Santa Barbara County Office of Education 3-11-2013
CDE Recommendation: Approval with Conditions
Special Education Program (Extended School Year (Summer School))
PROPOSED CONSENT
Item W-15
Subject: Request by four local educational agencies to 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: Madera County Office of Education 30-12-2013
Paradise Unified School District 19-12-2013
South Whittier Elementary School District 18-10-2013
Visalia Unified School District 11-11-2013
CDE Recommendation: Approval with Conditions
Open Enrollment (Removal From the List of LEAs)
PROPOSED CONSENT
Item W-16
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 2013–14 school year.
Waiver Number: 12-12-2013
CDE Recommendation: Denial
Open Enrollment (Removal From the List of LEAs)
PROPOSED CONSENT
Item W-17
Subject: Request by Fowler Unified School District to waive California Education Code Section 48352(a) and California Code of Regulations, Title 5, Section 4701, to remove Fremont Elementary School from the Open Enrollment List of “low-achieving schools” for the 2014–15 school year.
Waiver Number: 10-11-2013
CDE Recommendation: Denial
ACTION: Member Straus moved to adopt the CDE staff recommendations on each waiver on consent.
Member Cohn seconded the motion.
Yes votes: Members
No votes: None
Member Absent: None
Abstentions: None
Recusals: None
The motion passed with 10 votes.
***WAIVER REQUIRING INDIVIDUAL ACTION***
w-18
School District Reorganization (Elimination of Election Requirement)
Item W-18
Subject: Request by San Joaquin County Office of Education 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: 27-10-2013
CDE Recommendation: Denial
ACTION: Member Rucker moved to adopt the CDE staff recommendation to deny the waiver.
Member Cohn seconded the motion.
Yes votes: Members Holaday, Sandoval, Zhang, Williams, Molina, Kirst, Straus, Burr, Cohn, and Rucker