Final Minutes

CaliforniaState Board of Education

Nov. 7-8, 2007

Nov. 7, 2007

Members Present

Jim Aschwanden

Ruth Bloom

Yvonne Chan

Ruth Green

Don Fisher

Monica Liu

David Lopez

Ted Mitchell

Ken Noonan

Johnathan Williams

Member Absent

Alan Bersin

Secretary and Executive Officer

Jack O’Connell, State Superintendent of Public Instruction

Principal Staff

Roger Magyar, Executive Director, State Board of Education

Gary Borden, Deputy Executive Director, State Board of Education

Dale Webster, Education Policy Consultant, State Board of Education

Bob LaLiberte, Special Consultant, State Board of Education

Lynn Hile, Office Technician, State Board of Education

Kathy Dobson, Legal Assistant, State Board of Education

Raquel Lothridge, Executive Assistant, State Board of Education

Gavin Payne, Chief DeputySuperintendent, California Department of Education

Marsha Bedwell, GeneralCounsel, California Department of Education

Amy Bisson-Holloway, Chief Counsel II, California Department of Education (Nov. 8, 2007)

Michelle Zumot, Education Policy Assistant, California Department of Education

Call to Order

President Noonan called the meeting to order at approximately 9:10AM

Salute to the Flag

Member Liu led the Board and the audience in the Pledge of Allegiance.

ITEM 3

Subject:Reportsfrom the 2007-08 Student Advisory Board on Education (SABE)

Type of Action:Information

Student representatives presented reports on the following topics:

  • Standardized Testing
  • Preparing Students for Post Secondary Education
  • Students’ Views on Teacher Quality
  • Environmentalism
  • Motivation of Students
  • Life Skills
  • Drugs and Alcohol

NO ACTION REQUIRED

ITEM 4

Subject:2008-09 State Board of Education Student Member. Recommendation of Three Finalists for Submission to the Governor.

Type of Action:Action, Information

ACTION:Member Williams moved to:recommend the three finalists for the position of State Board of Education Student Member, as identified in the Screening Committee Memorandum,Sophia Angelis, Lauren Xie, and Nicholas Jofre, be forwarded to the Governor for appointment consideration.

Member Liu seconded the motion. The motion was approved by a vote of 10-0.

ITEM 1

Subject: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; Board Liaison Reports; and other matters of interest.

Type of Action:Action, Information

Board Member Officer Nominations:

  • Superintendent O’Connell called for nominations for the offices of President and Vice President. Member Bloom nominated Ted Mitchell for President; Member Chan seconded the nomination. Member Mitchell nominated Ruth Bloom for VicePresident; Member Chan seconded the nomination. The term will be for the calendar year beginning at the Board’s January 2008 regularly scheduled Board meeting.Nominations may also be made at the January meeting before the election is held; January nominations, however, must be seconded and there may be no self-nominations.

Announcement of Agenda Changes:

President Noonan announced the following changes to the agenda:

  • After items 3 and 4 are heard,Items 1 and 2 will follow, and then Item 5 will be heard
  • Item 8 has been withdrawn
  • Item 9has been withdrawn
  • Item 12 has been put over until January
  • Item 13 has been withdrawn

REPORT OF THE SUPERINTENDENT

Superintendent O’Connell described system improvements in the processing of Last Minute Memoranda for the Board’s consideration. He also commented on the just completed elections dealing with bond issues before the voters.Finally, he expressed appreciation to the many volunteers who are participating in the upcoming Achievement Gap Summit.

ITEM 2

Subject: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.

Type of Action:Action, Information

NO ACTION REQUIRED

ITEM 5

Subject:Appointment of New Members to the Advisory Commission on Charter Schools

Type of Action: Action, Information

The Screening Committee presented its recommendations for the Board regarding selection of Advisory Commission on Charter Schools members. The screening process and the basis for selection were described.

ACTION:Member Williams moved toappoint the following candidates, who have been interviewed and recommended by the SBE Screening Committee, to fill seats being vacated on the Advisory Commission on Charter Schools (ACCS):Beth Hunkapiller, Thomas Conry, Rodolfo “Paul” Cartas, Brian Bauer.

Member Chan seconded the motion. The motion was passed by a vote of 9-0.

ITEM 6

Subject:Curriculum Development and Supplemental Materials Commission: Appointment of New Members

Type of Action:Action, Information

The Screening Committee presented its recommendations for the Board regarding selection of Curriculum Commission members. The screening and selection process was described.

ACTION: Ms. Bloom moved toappoint the following candidates, who have been interviewed and recommended by the SBE Screening Committee, to fill seats beingvacated on the Curriculum Development and Supplemental Materials Commission (Curriculum Commission): Hope Bjerke, Bama Medley, Christine Lanphere, Monica Ward.

Ms. Green seconded the motion.The motion was passed by a vote of 9-0.

ITEM 7

Subject:Appointment of New Members to the Child Nutrition Advisory Council (CNAC)

Type of Action:Action, Information

The Screening Committee presented its recommendations for the Board regarding selection of Curriculum Commission members.The screening and selection process was described.

ACTION:Ms. Chan moved to appoint the following candidates, who have been interviewed and recommended by the SBE Screening Committee, to fill seats being vacated on the Child Nutrition Advisory Council (CNAC):Sandra Jefferson, Tracy Vernon

Mr. Aschwanden seconded the motion.The motion was passed by a vote of 8-0.

ITEM 10

Subject:English Learner Advisory Committee (ELAC): Options for the establishment of the ELAC and recommendations for appointments

Type of Action:Action, Information

Options for the process to appoint members to the ELACwere presented. Also there were several questions for the board to consider regarding the nature of the ELAC’s work.

ACTION:After discussion of failed motions, Member Bloom moved to have the President appoint a subcommittee of the Board to study the scope of work, the format of the ELAC and provide recommendations to the Board in January about how, when and where the committee members will be selected. Also the Board will receive recommendations in January for revitalization of the former ELAC committee, and a policy statement for a scope of work.

Member Williams seconded the motion.The motion passed by a vote of 10-0.

ITEM 11

Subject:Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approval of Mathematics and Reading Professional Development Program Review Committee Supplementary Questionnaire to Application for Appointment to Advisory Body

Type of Action:Action, Information

Staff indicated that this item is needed so that better and relevant information is received by staff and SBE members for review of these new appointments. Staff suggested that a similar supplementary questionnaire be developed for each commission and committee of the board.

ACTION:Member Green moved toapprove the supplementary questionnaire to the SBE’s currently used Application for Appointment to Advisory Body

Member Williams seconded the motion.The motion passed by a vote of 10-0.

ITEM 14

Subject:Standardized Testing and Reporting (STAR) Program:
California Modified Assessment (CMA) Participation Criteria

Type of Action:Action, Information

This item was presented for approval of the criteria that will be provided as guidance to IEP teams to determine which students should be deemed eligible to participate in the California Modified Assessment instead of the general California Standards Test (CST) for the relevant grade and subject area. This item came to the Board in September as an information item. CDE has worked since then to review the item with public educators in California.

ACTION:Member Chanmoved toapprove the California Modified Assessment (CMA) Participation Criteria.

Member Green seconded the motion.The motion passed by a vote of 8-0.

ITEM 15

Subject:Standardized Testing and Reporting Program: Release of ten percent withheld for 2006-07 Harcourt Assessment, Inc. Aprenda, La prueba de logros en español, Tercera edición (Aprenda 3) Contract

Type of Action:Action, Information

This is an annual action the Board takes to determine whether to release contract funds for a third party that have been held pending final successful completion of project deliverables. CDE recommended that the full 10% withheld amount be released to the contractor this year. Last year, the Board kept the withholding amount due to Harcourt’s failure to fully perform under the contract.

ACTION:Member Aschwanden moved to approve releasing the ten percent of funds withheld from progress payments for the 2006-07 Harcourt Assessment, Inc. (Harcourt) contract for the Aprenda 3 test administration, pending completion of all contract requirements during December 2007.

Member Williams seconded the motion.The motion passed by a vote of 6-0.

ITEM 16

Subject:Standardized Testing and Reporting (STAR) Program: Withhold of ten percent for 2006-07 Educational Testing Service Contract

Type of Action:Action, Information

This annual action by the Board involves determining whether to release contract funds for a third party that have been held pending final successful completion of project deliverables. CDE recommended a withholding of 10% of the contract deliverable budget items that were not successfully completed. The Board item outlined each of the areas in which the funding was recommended for withholding, due to the contractor’s failure to perform.

Action:Member Aschwanden moved thatsince Educational Testing Service (ETS) failed to successfully complete component tasks 3, 9, and 10, of the 2006-07 STAR Program testing administration, that the SBE not approve the 2006-07 release of ETS’ progress payment withholdings (ten percent) for the STAR contract for these tasks.

Member Chan seconded the motion.The vote passed by a vote of 8-0.

ITEM 17

Subject: Standardized Testing and Reporting (STAR) Program: Program Update including, but not limited to, Approval of Making the Standards-based Tests in Spanish (STS) Available to Public Schools

Type of Action:Action, Information

This was the periodic STAR program update.No action was taken.

ITEM 18

Subject:California English Language Development Test (CELDT): Program Update, including, but not limited to, upcoming release of Initial Identification results and K-1 early literacy test development

Type of Action:Action, Information

This was a general program update for the CELDT. Of particular interest here is that the Legislature has finally approved legislation to add ‘reading’ and ‘writing’ components to the CELDT for grades k and 1. This is an NCLB Title III requirement.California has been out of compliance because legislative authority to add them has not been available.No action was taken.

ITEM 19

Subject:CaliforniaHigh School Exit Examination (CAHSEE): Presentation of the 2006-2007 Independent Evaluation Report (HumRRO Report)

Type of Action: Action, Information

This was a presentation on the annual HumRRO evaluation of the CAHSEE.No action was taken.

ITEM 20

Subject: California High School Exit Examination (CAHSEE) Program Update: Including, but not limited to, Intensive Instruction Funding and Student Study Guides

Type of Action:Action, Information

Staff presented an update on CAHSEE.No action was taken.

ITEM 21

Subject: Update on issues related to California’s implementation of No Child Left Behind and other federal programs

Type of Action: Action, Information

Staff presented an update on NCLB matters. No action was taken.

ITEM 34

Subject:Legislative update, including, but not limited to information on legislation from the 2007-08 session

Type of Action:Action, Information

Staff presented an update about what happened with legislation at the end of the session. No action was taken.

ITEM 40

Subject: State Performance Plan and Annual Performance Report for Part B of the Individuals with Disabilities Education Act (IDEA) covering the 2006-07 program year

Type of Action:Action, Information

Staff provided a presentation to the Board highlighting the critical areas of the special education plan in advance of the January 2008 SBE review prior to required submittal to the federal government for approval.No action was taken.

ITEM 43

Subject: State Board of Education-Approved Charter Schools: Update

Type of Action:Action, Information

Staff presented an update on State Board approved charter schools.No action was taken.

Adjournment of Day’s Session

Thursday, November 8, 2007 –

8:00 a.m.

Members Present

Jim Aschwanden

Ruth Bloom

Yvonne Chan

Ruth Green

Don Fisher

Monica Liu

David Lopez

Ted Mitchell

Ken Noonan

Johnathan Williams

Member Absent

Alan Bersin

Call to Order

President Noonan called the meeting to order at approximately 8AM.

Salute to the Flag

Adjourn to Closed Session

CLOSED SESSION

Report on actions taken during Closed Session

President Noonan reported that, on a motion by Member Williams, seconded by Member Chan, the Board had voted to finalize the selection process for Executive Director and had appointed Gary Borden as Acting Executive Director as of December 1, 2007.The Board also expressed its thanks to Roger Magyar and acknowledged his many contributions to Education and California government over his distinguished public service career.

Gary Borden reported that no other action was taken during Closed Session.

Proposed Consent Calendar

Members Liu and Mitchell read statements explaining their reasons for recusing themselves from participating in the vote on various consent items.

Member Bloom moved to approve the Consent Calendar.Member Williams seconded the motion.The Consent Calendar was approved by a vote of 8-0, with two abstentions.

Consent Items include Items 22 – 33, all the WC items (Waiver Consent items), except WC-3, and Waiver items W-2 through W-5, W-7, and W-9 through W-12

Item 22

Subject: Public Charter Schools Grant Program (PCSGP): Approve the List of Recommended PCSGP Planning and Implementation Grant Awardees

Type of Action: Action, Information

Item 23

Subject: Charter Schools: Determination of Funding Requests for 2007-08 (and beyond) for Nonclassroom-based Charter Schools

Type of Action: Action, Information

Item 24

Subject: Assignment of Numbers for CharterSchool Petitions

Type of Action: Action, Information

Item 25

Subject: Chief Business Officer Training Program – Approve Training Candidate Substitution for Fiscal Year 2006-07

Type of Action: Action, Information

Item 26

Subject: High Priority Schools Grant Program: School Assistance and Intervention Team: Approval of Expenditure Plan to SupportSchool Assistance and Intervention Team Activities and Corrective Actions in State-Monitored Schools

Type of Action: Action, Information

Item 27

Subject: High Priority Schools Grant Program: Proposed Intervention for Cohort 1 High Priority Schools Grant Program Schools Without Valid Academic Performance Index Data that Failed to Meet the Alternative Criteria for Significant Growth

Type of Action: Action, Information

Item 28

Subject: Gifted and Talented Education: Approval of Applications for Funding from Local Educational Agencies

Type of Action: Action, Information

Item 29

Subject: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approval of Training Providers and Training Curricula

Type of Action: Action, Information

Item 30

Subject: The Administrator Training Program, Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of Applications for Funding from Local Educational Agencies.

Type of Action: Action, Information

Item 31

Subject: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approve Reimbursement Requests from Local Educational Agencies.

Type of Action: Action, Information

Item 32

Subject: Proposed changes to be included in the California School Information Services (CSIS) Data Dictionary, Version 9.0

Type of Action: Action, Information

Item 33

Subject: Consolidated Applications 2007-08: Approval

Type of Action: Action, Information

NON PUBLIC SCHOOL/AGENCY ANNUAL CERTIFICATION

Item WC-1

Subject: Request by Los AngelesUnifiedSchool District under the authority of Education Code (EC) Section 56101 to waive EC Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Dynamic Therapy Solutions.

Waiver Number: 7-8-2007

(Recommended for APPROVAL)

Type of Action:Action

Item WC-2

Subject: Request by Los AngelesUnifiedSchool District under the authority of Education Code (EC) Section 56101 to waive EC Section 56366.1(h), the August 1 through October 31, timeline on annual certification renewal application for Los Angeles Speech and LanguageTherapyCenter

Waiver Number: 6-8-2007

(Recommended for APPROVAL)

Type of Action: Action

RESOURCE SPECIALIST (Placeholder)

Item WC-4

Subject: Request by various districts, county offices of education, or special education local plan areas under the authority of Education Code (EC) Section 56101 to waive EC Section 56362(c), allowing the caseload of various resource specialist to exceed the maximum caseload of 28 students by no more than 4 students (32 maximum).

Type of Action: Action

NOTE:WC-4 was later withdrawn from the Agenda.

PHYSICAL EDUCATION (block schedules)

Item WC-5

Subject:Request by San JuanUnifiedSchool District to waive portions of Education Code(EC) Section 51222(a), related to the statutory minimum of 400 minutes of physical education required each ten school days for students in grades nine through twelve in order to implement a block schedule at Casa Roble, Del Campo, Encina and MesaVerdeHigh Schools.

Waiver Number: 1-8-2007

(Recommended for APPROVAL WITH CONDITIONS)