Final Minutes
State Board of Education
March 9, 2006
California Department of Education
1430 N Street, Room 1101
Sacramento, California
Members Present
Glee Johnson, President
Kenneth Noonan, Vice President
Alan Bersin
Yvonne Chan
Don Fisher
Paul Gardner III
Ruth E. Green
Joe Nuñez
Johnathan Williams
Ruth Bloom
Members Absent
Bonnie Reiss
Secretary and Executive Officer
Jack O’Connell, State Superintendent of Public Instruction
Call to Order at 8:00 a.m.
Salute to the Flag
Mr. Nuñez led the Board and the audience in the Pledge of Allegiance
Adjournment into Closed Session
President Johnson adjourned the meeting into closed session. Following closed session, Paul Seave, Chief Counsel to the State Board of Education, provided a report on the discussion that occurred during closed session. Mr. Seave reported that the Board discussed the Valenzuela and Chapman litigation matters.
Ø NO BOARD ACTION WAS TAKEN DURING CLOSED SESSION.
Public Agenda Items
ITEM 11 / California English Language Development Test: Performance Level Standard Setting / INFORMATIONACTION
President Johnson announced Deb Sigman, director of the CDE Standards and Assessment Division who presented the item and the CDE recommendation. Ms. Sigman provided the Board with a proposal to address Board member concerns regarding the California English Language Development Test (CELDT) performance levels. The proposal would be that CDE would reset the baseline for the CELDT exam (“rebenching”) prior to calculating CELDT scores using the new cut scores. This rebenching would not cause a change to the CDE recommended cut scores proposed to the Board. Following Ms. Sigman’s recommendation, the Board took the following action:
· ACTION: Mr. Noonan moved that the State Board of Education (SBE) approve the proposed performance levels for the California English Language Development Test. Mr. Nuñez seconded the motion. The motion was approved by a vote of 10-0.
ITEM 16 / Assignment of Numbers for Charter School Petitions / INFORMATIONACTION
This item was addressed as part of the Board’s items approved on consent; no discussion was had on this item.
· ACTION: As part of the consent calendar, Mr. Nuñez moved that the State Board of Education (SBE) assign charter numbers to the charter schools identified on the list attached to this SBE item. Ms. Chan seconded the motion. The motion was approved by a vote of 9-0. Mr. Fisher recused himself from a vote on the consent items.
ITEM 17 / Charter Schools: Determination of Funding Requests for 2004-05 and 2005-06 for Nonclassroom-based Charter Schools / InformationAction
This item was addressed as part of the Board’s items approved on consent; no discussion was had on this item.
· ACTION: As part of the consent calendar, Mr. Nuñez moved that the State Board of Education (SBE) approve one 2004-05 determination of funding request and thirteen 2005-06 (and beyond) determination of funding requests from charter schools pursuant to Education Code (EC) sections 47612.5 and 47634.2, and California Code of Regulations, Title 5, sections 11963 to 11963.6, inclusive, based upon the recommendations of the Advisory Commission on Charter Schools (ACCS) as presented in Attachment 1 to this SBE item. Ms. Chan seconded the motion. The motion was approved by a vote of 9-0. Mr. Fisher recused himself from a vote on the consent items.
ITEM 20 / Alternative Schools Accountability Model: Adopt Proposed Amendment to California Code of Regulations, Title 5, Section 1074 Alternative Schools Accountability Model Pre-Post Assessments / InformationAction
President Johnson announced Pat Ainsworth, assistant superintendent of the Secondary, Post-secondary, and Adult Leadership division within CDE, who presented the item. Following Mr. Ainsworth’s presentation, the Board took the following action:
· ACTION: Ms. Bloom moved that the State Board of Education (SBE) approve the commencement of the rulemaking process for the proposed revisions to the Alternative Schools Accountability Model (ASAM) Pre-Post Assessments, including the Initial Statement of Reasons and the Notice of Proposed Rulemaking, and direct staff to conduct a public hearing on the proposed regulations. Mr. Nuñez seconded the motion. The motion was approved by a vote of 9-0 with Mr. Noonan absent for the vote.
ITEM 21 / Physical Education Framework for California Public Schools, Kindergarten through Grade Twelve: Appoint Curriculum Framework and Criteria Committee Members / InformationAction
President Johnson introduced the item and asked Mr. Tom Adams, director to the CDE Curriculum Frameworks and Instructional Resources division, to describe this item for the Board. Following Mr. Adams’ presentation, the Board took the following action:
· ACTION: Mr. Fisher moved that the State Board of Education (SBE) appoint 16 members of the Physical Education Curriculum Framework and Criteria Committee (CFCC) as recommended by the Curriculum Development and Supplemental Materials Commission (Curriculum Commission), conditioned upon review of any potential conflict of interest by the SBE/CDE legal counsel. Ms. Green seconded the motion. The motion was approved by a vote of 10-0.
ITEM 22 / 2006 Visual and Performing Arts Primary Adoption of Instructional Materials: Appointment of Instructional Materials Advisory Panel Members and Content Review Panel Experts / InformationAction
President Johnson introduced the item and asked Mr. Adams to describe this item for the Board. Board members asked several questions about the process for recruitment and appointment of panel members. Following deliberation on the matter, the Board took the following action:
· ACTION: Mr. Noonan moved that the State Board of Education (SBE) approve Instructional Materials Advisory Panel (IMAP) members and Content Review Panel (CRP) experts recommended by the Curriculum Development and Supplemental Materials Commission (Curriculum Commission), conditioned upon review of any potential conflict of interest by the SBE/CDE legal counsel. Ms. Chan seconded the motion. The motion was approved by a vote of 10-0.
ITEM 23 / 2006 Science Primary Adoption of Instructional Materials: Appointment of Instructional Materials Advisory Panel Members and Content Review Panel Experts / InformationAction
President Johnson introduced the item and asked Mr. Adams to describe this item for the Board. Following Mr. Adams’ presentation, the Board took the following action:
· ACTION: Ms. Bloom moved that the State Board of Education (SBE) approve appointment of Instructional Materials Advisory Panel (IMAP) members as listed in Attachment 1 to this SBE item, and Content Review Panel (CRP) experts as listed in Attachment 2 to this SBE item, conditioned upon review of any potential conflict of interest by the SBE/CDE legal counsel, as recommended by the Curriculum Development and Supplemental Materials Commission (Curriculum Commission). Mr. Nuñez seconded the motion. The motion was approved by a vote of 10-0.
ITEM 24 / Williams Settlement Legislation, Senate Bill 550: Remedy Insufficiency of Instructional Materials, Pursuant to Education Code Section 1240(i)(4)(D) / InformationAction
Ø NO ACTION WAS TAKEN ON THIS ITEM. President Johnson removed this item from the agenda stating that no action by the Board was necessary on this item at this time.
ITEM 25 / No Child Left Behind Act of 2001: Approve Local Educational Agency Plans, Title 1, Section 1112 / InformationAction
President Johnson announced Camille Maben, director of the School and District Accountability division within CDE, who presented the item. Mr. Fisher asked a question relating to the Local Educational Agency plans listed for approval, to which Ms. Maben provided a response. Following Board discussion, the Board took the following action:
· ACTION: Mr. Nuñez moved that the State Board of Education (SBE) approve the local educational agency (LEA) Plans for the LEAs listed on Attachment 1 and the last minute memorandum attached to this SBE item. Ms. Green seconded the motion. The motion was approved by a vote of 9-0 with Ms. Chan absent for the vote.
ITEM 26 / Consolidated Applications 2005-06: Approval / InformationAction
This item was addressed as part of the Board’s items approved on consent; no discussion was had on this item.
· ACTION: As part of the consent calendar, Mr. Nuñez moved that the State Board of Education (SBE) approve the 2005-06 Consolidated Applications (ConApps) submitted by local educational agencies (LEAs) in Attachment 1 to this SBE item. Ms. Chan seconded the motion. The motion was approved by a vote of 9-0. Mr. Fisher recused himself from a vote on the consent items.
ITEM 27 / Mathematics and Reading Professional Development Program, Assembly Bill 466 (Chapter 737, Statutes of 2001): Approval of Training Providers and Training Curricula / InformationAction
This item was addressed as part of the Board’s items approved on consent; no discussion was had on this item.
· ACTION: As part of the consent calendar, Mr. Nuñez moved that the State Board of Education (SBE) approve the providers and training curricula listed on Attachment 1 to this SBE item for the professional development under the provisions of the Mathematics and Reading Professional Development Program, Assembly Bill (AB) 466 (Chapter 737, Statutes of 2001). Ms. Chan seconded the motion. The motion was approved by a vote of 9-0. Mr. Fisher recused himself from a vote on the consent items.
ITEM 28 / Mathematics and Reading Professional Development Program, Assembly Bill 466 (Chapter 737, Statutes of 2001): Approve Reimbursement Requests from Local Educational Agencies / InformationAction
This item was addressed as part of the Board’s items approved on consent; no discussion was had on this item.
· ACTION: As part of the consent calendar, Mr. Nuñez moved that the State Board of Education (SBE) approve reimbursement requests on the lists attached to this SBE item of local educational agencies (LEAs) that have complied with required assurances for the Mathematics and Reading Professional Development Program, Assembly Bill (AB) 466 (Chapter 737, Statutes of 2001). Ms. Chan seconded the motion. The motion was approved by a vote of 9-0. Mr. Fisher recused himself from a vote on the consent items.
ITEM 29 / The Principal Training Program, Assembly Bill 75 (Chapter 697, Statutes of 2001): Approval of Applications for Funding from Local Educational Agencies and Consortia / InformationAction
This item was addressed as part of the Board’s items approved on consent; no discussion was had on this item.
· ACTION: As part of the consent calendar, Mr. Nuñez moved that the State Board of Education (SBE) approve the lists attached to this SBE item of five local educational agencies (LEAs) that have submitted applications for funding under The Principal Training Program (PTP), Assembly Bill (AB) 75 (Chapter 697, Statutes of 2001). Ms. Chan seconded the motion. The motion was approved by a vote of 9-0. Mr. Fisher recused himself from a vote on this item.
ITEM 30 / The Principal Training Program, Assembly Bill 75 (Chapter 697, Statutes of 2001): Approval of Training Providers/ Information
Action
This item was addressed as part of the Board’s items approved on consent; no discussion was had on this item.
· ACTION: As part of the consent calendar, Mr. Nuñez moved that the State Board of Education (SBE) approve the list attached to this SBE item of Recommended Training Providers for Principal Training Program (PTP). Ms. Chan seconded the motion. The motion was approved by a vote of 9-0. Mr. Fisher recused himself from a vote on the consent items.
ITEM 31 / Immediate Intervention/Underperforming Schools Program (II/USP): Request to Rescind State-monitoring Status for Two II/USP Schools/ Information
Action
President Johnson announced Wendy Harris, director of the School Improvement division within CDE, who presented the item. Following Ms. Harris’ presentation, the Board took the following action:
· ACTION: Mr. Nuñez moved that the State Board of Education (SBE) rescind the SBE action taken on September 8, 2005, and on November 10, 2005, to deem two Immediate Intervention/Underperforming Schools Program (II/USP) schools, Washington Elementary School in West Contra Costa Unified School District and Lockwood Elementary School in Oakland Unified School District, as state-monitored and to assign a School Assistance and Intervention Team (SAIT) to the schools listed on Attachment 1 to this SBE item. Mr. Noonan seconded the motion. The motion was approved by a vote of 10-0.
ITEM 32 / Immediate Intervention/Underperforming Schools Program (II/USP): Request to Rescind State-monitoring Status for Two II/USP Schools/ Information
Action
This item was addressed as part of the Board’s items approved on consent; no discussion was had on this item.
· ACTION: As part of the consent calendar, Mr. Nuñez moved that the State Board of Education (SBE) approve the revised expenditure plan for a November 2005 state-monitored school as provided in Attachement 2 to this SBE item. Ms. Chan seconded the motion. The motion was approved by a vote of 9-0. Mr. Fisher recused himself from a vote on the consent items.
ITEM 33 / Legislative Update: Including, but not limited to, Information on Legislation from the 2005-06 Legislative Session./ Information
Action
President Johnson announced Lupita Cortez Alcala, with the CDE Governmental Affairs division, who presented the item. Board members asked several questions about legislative matters listed on this item and inquired about the prospect of the SBE becoming more active regarding litigation matters. Member Fisher recommended that the Board form a committee to more actively engage in legislative matters.
Ø NO ACTION WAS TAKEN ON THIS ITEM.
ITEM 34 / District Assistance and Intervention Team (DAIT): Standards and Criteria to be Applied by a DAIT in Local Educational Agencies in Program Improvement Corrective Action/ Information
Action
President Johnson introduced the item and Ms. Harris described the item for the Board. Several members of the public provided comment on this item. Board members asked several questions about the proposed DAIT process and its relationship with the School Assistance and Intervention Team process. Following Board deliberation on this matter, the Board took the following action:
· ACTION: Mr. Williams moved that the State Board of Education (SBE) approve the proposed standards and criteria, including the oral amendments proposed by the public testimony of the California School Boards Association, to be applied by a District Assistance and Intervention Team (DAIT) in carrying out its duties, as included in Attachments 1 and 2 of this SBE item. Ms. Green seconded the motion. The motion was approved by a vote of 9-0 with Mr. Bersin abstaining from a vote on this item.
ITEM 35 / No Child Left Behind Act of 2001: Adopt Proposed Revision of California Code of Regulations, Title 5, Section 6113 to Meet Highly Qualified Requirements for Local Educational Agencies Pertaining to Rural Flexibility/ Information
Action
President Johnson announced Don Kairott, director of the Professional Development and Curriculum Supplements division within CDE, who presented the item. Following Mr. Kairott’s presentation, the Board took the following action: