Nov 2008 California DOE - "So far from the bamboo grove" removed

Nov 2008 California DOE - "So far from the bamboo grove" removed
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Final Minutes
California State Board of Education
November 5-6, 2008

Members Present
Ted Mitchell, President
Ruth Bloom, Vice President
James Aschwanden
Alan Bersin
Yvonne Chan
Don Fisher
Nicolas Jofre, Student Member
Gregory Jones
David Lopez
Kenneth Noonan
Johnathan Williams

Members Absent


Secretary and Executive Officer
Jack O’Connell, State Superintendent of Public Instruction

Principal Staff
Marsha Bedwell, General Counsel, California Department of Education (CDE)
Jaime Hastings, Staff Services Analyst, CDE
Jennifer Johnson, Education Policy Consultant, State Board of Education (SBE)
Bob LaLiberte, Special Consultant, SBE
Debora Merle, Executive Director, SBE
Donna Neville, Chief Counsel, SBE
Gavin Payne, Chief Deputy Superintendent, CDE
Mary Rice, Education Program Consultant, SBE
Debbie Rury, Deputy Executive Director, SBE
Francina Stevenson, Legal Assistant, SBE
Regina Wilson, Program Communication Analyst, SBE
Michelle Zumot, Education Policy Assistant, CDE

Call to Order
The meeting was called to order at 9:10 a.m.

Salute to the Flag
Student member Nicolas Jofre led the Pledge of Allegiance.

Item 3: Reports from the 2008-09 Student Advisory Board on Education (SABE)

Presenters: Nicolas Jofre, Student Member

Member Jofre introduced high school students from across the state who presented their policy ideas to the SBE members. The following are names of the students who addressed the board and their issue areas:
· Maureen Johnson of Richard Henry Dana Middle School in San Pedro introduced ideas on the environment, and transition support from elementary and middle school.
· Rosa Lima of North Hollywood High School in North Hollywood introduced ideas on ways to increase student motivation.
· Evan Boggs of Oakdale High School, Oakdale, presented ideas on student’s perspective on teaching and curriculum.
· Janet Basurto of Rialto High School, Rialto, presented ideas for student involvement in budgeting.
· Michael Adkins of Modesto High School, Modesto, presented creative approaches for instruction and teaching methods.
· Liora Simozar of Beverly High School, Beverly Hills, presented ideas on the importance of student input.

No action was taken on this item.


Item 4: 2009-2010 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor

Presenter: Nicolas Jofre, Student Member, State Board of Education

ACTION: Member Jofre moved to adopt the Screening Committee’s recommendation of the three finalists for the position of State Board of Education Student Member, as identified in the Addendum, to be forwarded to the Governor for appointment consideration. Member Chan seconded the motion. The board voted, by show of hands, 9-0 to approve the motion. (Members Aschwanden and Williams were not present for the vote.)


Report of Superintendent
Gavin Payne, Deputy Superintendent reviewed the number of school bond measures that passed November 4, Election Day. Deputy Payne then presided over nominations for President and Vice President of the Board for the coming year. Member Chan nominated President Mitchell to serve as President, which was seconded by Member Bloom. Member Noonan nominated Vice President Bloom to continue in her position. President Mitchell seconded the nomination. The election will be conducted in January 2009.


Item 1: STATE BOARD PROJECTS AND PRIORITIES

President Mitchell announced that Items 14, 16, and 18 were being pulled from the agenda.

President Mitchell asked for a report from members Noonan and Lopez on the English Language Learner Committee (ELAC). Member Lopez gave a general overview of the progress and success from the first meeting. Member Jones made a suggestion to move toward creating an African American Advisory Committee (AAAC), followed by a discussion among board members. Member Mitchell capped the discussion by directing SBE staff to craft policy language addressing the formation of an AAAC for the January agenda.

No action was taken on this item.


Item 2: PUBLIC COMMENT

Several members of the public spoke about various items on the SBE agenda. Debora Keyes from Voices for African American Students commended the board on their discussion toward creating an African American Advisory Commission.

Marla Salsman and Maureen Moore of Autism Behavior Intervention Inc., Dr. Jeff Mulhoney, a consultant, and Dr. Heather O’Shea of NPA addressed the SBE with their concerns regarding the proposed regulations that would amend various provisions of Title 5 of the California Code of Regulations and the threat of not being able to provide services.

Doug McRae, education consultant, presented the board with a nine-page handout which addressed recommendations for testing and assessment.

Juan Godinez and Bill Ring of LAUSD Parent Collaborative spoke on issues affecting student achievement, and school site council training for parents.

No action was taken on this item.


Item 5: No Child Left Behind Act of 2001: Report on Review of 2007-08 Local Educational Agency Plans and District Capacity Studies for 44 Local Educational Agencies in Program Improvement Corrective Action.

Presenter: Fred Balcom, Director, Accountability and Improvement Division, CDE, and Paul Shirk, Assistant Superintendent, San Bernardino City Unified School District presented on this item.

The board had a lengthy conversation on DAIT teams and their written recommendations. They expressed concern that this should not be simply one more plan-writing exercise. President Mitchell asked that each board member take four or five of the DAIT capacity studies to personally review before the January meeting. There was also a recognition of the frustration that many districts feel when they are making progress that is evident under the Academic Performance Index (API), and yet they still fail to make adequate yearly progress (AYP) under the No Child Left Behind Act (NCLB), and thus remain in Program Improvement (PI) status. Superintendent O’Connell shared that President-elect Obama’s education team has set up a meeting with CDE staff to address some of the concerns with NCLB.

Mr. Shirk briefly shared how the process has played out in San Bernardino City Unified. While it has involved some plan writing, there was a lot of collaborative time and effort put into the analysis of district policy and practice and he feels the implementation of those plans has resulted in effective models that have produced significant student growth over the last few years.

President Mitchell asked that other districts involved in the process be invited to the January meeting to inform the board as to how the process has worked for them. Member Chan requested that at least three districts be invited, one each from the intensive, moderate, and light categories of assigned technical assistance.

ACTION: Member Bloom moved to direct CDE and SBE staff to assess Program Improvement (PI) Local Educational Agency (LEA) implementation of Corrective Action (6) and any District Assistance and Intervention Team (DAIT) recommendations to make recommendations regarding further corrective actions if necessary.

The SBE further directed that LEAs identified for PI Corrective Action in March 2008 be given an extension to December 5, 2008, to submit any appeals of DAIT recommendations. These appeals will be reviewed by CDE and recommendations will be prepared for the SBE for its January 2009 SBE meeting. This extension is given in light of the requirements of AB 519 (Chapter 757, Statutes of 2008), signed into law on September 30, 2008, which requires the governing bodies of LEAs identified for PI Corrective Action to adopt DAIT recommendations within 60 days of the completion of DAIT reports, as modified by the appeal process.

Member Fisher seconded the motion. The board voted, by roll call, 6-1 to approve the motion. (Members Aschwanden, Jones, Williams, and Jofre were not present for the vote.)


Item 9: Alternative Schools Accountability Model: Framework and Plan for Revising the Model.

Presenters: Rachel Perry, Director, Policy and Evaluation Division, CDE;
Vicki Barber, Superintendent, El Dorado County Office of Education and chair of the ASAM subcommittee of the Public Schools Accountability Act Advisory Committee; and Stanley Rabinowitz, West ED, presented on this item.

Public Comment: Public comment was received from Doug McRae, education consultant, and Sherry Griffith, with Association of California School Administrators (ACSA), giving their support to the ASAM proposal.

ACTION: Member Chan moved to approve the conceptual framework for redesigning the existing Alternative Schools Accountability Model (ASAM) and direct CDE staff to bring its recommendations for a revised ASAM to the July 2009 meeting for SBE approval. Member Noonan seconded the motion. The board voted, by roll call, 7-0 to approve the motion. (Members Aschwanden, Jones, Williams, and Jofre were not present for the vote.)


*** PUBLIC HEARING***

Item 11: 2008 Reading/Language Arts–English-Language Development Primary Adoption: Curriculum Development and Supplemental Materials Commission Recommendations.

Tom Adams, director of the Curriculum Frameworks and Instructional Resources Division in CDE, presented this item to the board, with the assistance of Katherine Crawford, Chair of the Curriculum Development and Supplemental Materials Commission; John Brooks, Chair of the Reading Language Arts/English Language Development (RLA/ELD) Subject Matter Committee (SMC) of the Curriculum Development and Supplemental Materials Commission; and Becky Sullivan, Vice Chair of the Reading Language Arts/English Language Development (RLA/ELD) Subject Matter Committee.

After thanking the Content Review Panel and the Instructional Materials Advisory Panel Reviewers and Commissioners as well the CDE staff that supported this effort, President Mitchell then opened a public hearing on this item. President Mitchell explained that the board would hear testimony on each of the three staff recommendations and would then close the public hearing so that it could deliberate and take appropriate action on each of the three recommendations.

President Mitchell then called for testimony and comment related to staff Recommendation 1 which asked the board to consider the programs on the attached “Consent List.” There were 34 programs on the list. Thirty two of them were recommended for adoption by the Curriculum Commission, the Content Review Panel, and the Instructional Materials Advisory Panel.

Tak Chang opened the discussion and made note that he was presenting a petition to the SBE that included 20,000 signatures in favor of removing “So Far from the Bamboo Grove” from the list of optional library materials for two of the recommended programs. Mr. Chang’s discussion was followed by Miyong Choi Kim, Yohng Sohk Choe, Doo-Seong Park, and Helie Lee who echoed their strong opposition to the publication. Following the public comment, discussion regarding the CDE’s recommendation, and with the permission of President Mitchell, the publishers representatives, Valerie Levy from Glencoe Literature Program and Linda Dubois from Houghton-Mifflin Harcourt, asked whether the board would be willing to remove “So Far from the Bamboo Grove” from the list of included materials. President Mitchell noted that the board therefore was being asked to approve a newly amended version of said Staff Recommendation 1.

President Mitchell then announced that the board would hear testimony on
Staff Recommendation 2, which asked the board to consider the Heinle/Cengage Milestones ELD program. He explained that this was the only program that the Curriculum Commission did not recommend, but the CRP/IMAP did recommend.

John McHugh, Vice President-Managing Director of Heinle/Cengage Learning began the discussion on the Milestones program and addressed the two issues raised in the report of findings: phonemic awareness and exit assessments. Arney Lopez from Menlo Joint Unified School District, Carmen Lopez from Delano School District, Maggie Novak from Fairfield-Suisun School District, and Kathryn Campbell from Santa Paula School District spoke in favor of adopting the Milestones program.

Next, President Mitchell called for testimony related to staff Recommendation 3, which asked the board to consider the Glencoe McGraw-Hill California Literature, California Treasures, grade 6 materials.

General Comments were then received from members of the public.

Kyle Helfrich from Holt/McDougal Publishing asked that the SBE not require the publisher to remove references in their materials to an item called an EasyPlanner. He explained to the SBE that this CD-ROM document was not completed at the time of program submission and the publisher was being required to edit their materials to remove all references to the CD-ROM, even though all of its content is identical to what is currently being recommended for adoption in hard copy format. He asked that the SBE suspend the request since the CD-ROM has now been completed and is being submitted as an alternate format. Once approved, the publisher would then need to re-insert the references in the teacher’s manual and ancillary materials, which would delay availability and increase costs.

Elizabeth Jimenez with Californians Together commented on the current process used to bring forward these materials as well as individual recommendations for the ELAC to review further. These materials were submitted in written format for board members to review further.

Mary Alicia McRae, former member of the Curriculum Development and Supplemental Materials Commission, spoke on both the formal process and expertise of the members of the Commission.

President Mitchell then formally closed the public hearing portion of this item.

Member Chan thanked everybody for speaking today regarding “So Far from the Bamboo Grove” and noted her appreciation of the perspectives that were discussed, but also emphasized the need for additional perspectives to be included in the list of options in California’s public schools.

Member Noonan noted that while in support of said recommendation, the board must refrain from keeping perspectives out of curriculum when they are in fact legitimate perspectives.

ACTION: Member Noonan moved to adopt the recommended programs listed on the “Consent List: Recommendations from the Curriculum Commission and the Content Review Panel (CRP) & the Instructional Materials Advisory Panel (IMAP) That Are Consistent” (see Attachment 1), with the modification that, at the request of the publishers, “So Far From the Bamboo Grove” was removed from the supplemental reading lists of Glencoe McGraw-Hill and McDougal Littell.

Member Noonan also moved that the SBE exercise its authority granted by 5 CCR Section 9517(k) to adopt the Glencoe McGraw-Hill California Literature, California Treasures, grade 6, with the following changes:

First, the estate of Jacqueline Bouvier has denied the publisher copyright permission to use her poem, Thoughts. The publisher will replace the poem with another poem with the same title which utilizes the same vocabulary and the same skills that were developed for the original poem.

Second, the author of “The Lark and Her Children” has denied the publisher permission to use any art with his retelling of the Aesop’s Fable. The publisher will delete the Van Gough painting, Wheatfield with Lark, 1887, and replace it with an image that the publisher has permission to use.

Member Chan seconded the motion. The board voted, by roll call, 10-0 to approve the motion. (Member Jofre was not present for the vote.)

ACTION: Member Chan moved to adopt the Heinle/Cengage Milestones program, including the assessment chart as presented during the meeting, for 2008 RLA/ELD Primary Adoption. Member Williams seconded the motion. The board voted, by roll call, 6-3 to approve the motion. (Members Fisher and Jofre were not present for the vote.)

ACTION: Member Aschwanden moved to suspend the requirement that McDougal Littlell remove all references to the EasyPlanner CD-ROM in the Teacher’s Edition and ancillary materials until a decision is reached regarding its approval as an alternate format. Member Chan seconded the motion. The board voted, by roll call, 9-0 to approve the motion. (Members Fisher and Jofre were not present for the vote.)

***END OF PUBLIC HEARING***


Item 6: No Child Left Behind Act of 2001: Recommendations Related to California’s Assignment of Sanctions and Associated Technical Assistance for 2008 Local Educational Agencies in Program Improvement Corrective Action.

Presenter: Fred Balcom, Director, Accountability and Improvement Division, CDE presented on this item. Mr. Balcom outlined the changes put into effect by the passage of AB519. He also explained how the new calculation for the Priority Assistance Index takes into account the pervasiveness and severity of the lack of proficiency.

The board then had a discussion about the DAIT process and the expectations for how it will assist districts to deal with the barriers to improved student achievement, especially for those subgroups that are consistently underperforming. There was recognition that while the timing of the process has not been optimal, there are reasons to believe that the DAIT teams are having a positive effect with districts.

Public comment: Public comment was offered by Doug McRae, consultant, and Nancy Brownell, California County Superintendents Educational Services Association and director of the Gates Foundation DAIT Pilot Project.

ACTION: Reserving the State Board’s right to modify this action as opportunities may arise, Member Aschwanden moved to:

· Adopt objective criteria required by California Education Code (EC) Section 52055.57(d), as described in Attachment 1 of the Addendum, to evaluate the 50 2008 LEAs in PI Year 3 Corrective Action to “determine the pervasiveness and severity of LEA performance problems and the sanction to be imposed.”

· Individually assign Corrective Action 6 to each LEA as the appropriate sanction from the options identified in California EC Section 52055.57(c).

· Individually assign technical assistance as required by the No Child Left Behind (NCLB) Act of 2001, further described as district assistance and intervention teams (DAIT) or other technical assistance at California EC sections 52055.57(d)(4) and 52059, as specified for each LEA on Attachment 3 of the Addendum.

· Require each LEA to revise its LEA plan to document implementation of the SBE-assigned sanction and any recommendations made by the DAIT or technical assistance provider (as described above).

· Adopt the timeline proposed below for preparation of the DAIT report, consideration of LEA appeals, and adoption by the LEA governing board of report recommendations, as they may be modified through the appeal process.

Proposed 2008-09 Timeline for 50 2008 LEAs in PI Year 3:

November 5-6, 2008: The SBE assigns sanctions and technical assistance to 2008 PI Year 3 LEAs and provides LEAs with the opportunity to address the SBE concerning their assigned sanction.

March 9, 2009: LEAs submit revised LEA plans to the CDE. All LEAs assigned to work with a DAIT submit DAIT needs assessment and recommendations to the CDE.

March 2009: The CDE reviews revised LEA plans and district needs
assessments and makes recommendations for changes as needed.

April 7, 2009: LEAs submit appeals to be exempted from implementing one or more of the recommendations made in the DAIT needs assessment and recommendations report.

May 6-7, 2009: The CDE reports to the SBE on its review of LEA plans, DAIT needs assessments and recommendation reports, and requests SBE approval of appeals made by LEAs for exemptions from recommendations of the DAIT.

May 2009: LEA governing boards adopt report recommendations, as
modified by any exemptions granted through the appeal process.

Member Williams seconded the motion. The board voted, by roll call, 8-1 to approve the motion. (Members Fisher and Jofre were not present for the vote.)


Item 12: Standardized Testing and Reporting Program: The Adoption of Performance Standards (Levels) for the California Alternate Performance Assessment, English-Language Arts and Mathematics, Levels I-V and Science Levels I, III, IV, and V, and the California Modified Assessment, English-Language Arts and Mathematics, Grades Three, Four, and Five, and Science Grade Five.

Presenter: J.T. Lawrence, Director, Standards and Assessment Division, CDE. Mr. Lawrence indicated that two hearings on the proposed performance levels were held and the consistent message from these hearings was that it was important that the board adopt these cut scores so that students who took the assessments would be included in this year’s accountability reports.

President Mitchell inquired as to when the board could expect the performance level descriptors. Mr. Lawrence indicated the descriptors would come to them in March 2009.

ACTION: Member Aschwanden moved to adopt the State Superintendent of Public Instruction’s (SSPI) proposed performance standards (levels) for the California Alternate Performance Assessment (CAPA) tests in English–language arts (ELA) and mathematics, Levels I–V and Science Levels I, III, IV, and V and the California Modified Assessment (CMA) tests for ELA and mathematics for grades three, four, and five, and science grade five, with the plan to revisit the SSPI’s proposed performance standards (levels) for the CMA prior to the 2011 CMA administration.

Further, the State Board directed CDE and SBE staff to work with the testing contractor in conjunction with the Assessment Review Panels to develop draft performance level descriptors (PLDs) based on the target student descriptors and list of competencies used during the standard setting in order to successfully complete the federal peer review scheduled to take place in the winter of 2009.

Member Chan seconded the motion. The board voted, by roll call, 6-0 to approve the motion. (Members Bersin, Bloom, Fisher, Jones, and Jofre were not present for the vote.)


***PUBLIC HEARING***

Item 13: The Reading First Program (Title I, Part B, Federal No Child Left Behind Act): Discontinuation of Funding for Schools not Making Significant Progress as Required.

Presentation: Phil Lafontaine, director of Professional Development and Curriculum Support Division, CDE, summarized the background information contained in the item. He also indicated that CDE staff had made a site visit to the district to obtain firsthand information on changes that had been made. However, he indicated that the data show the district has not made significant progress in reading, as measured by the Reading First Achievement Index (RFAI).

President Mitchell opened the public hearing. Rose Lock, Assistant Superintendent of Mt. Diablo Unified School District testifed that her schools are very diverse with schools in deciles 1 to 10 and the district faced fiscal challenges from declining enrollment. She also indicated that the district recently put into place systems and structures to support student learning that they feel will make a difference. She indicated that the Reading First grant has been critical to student learning.

President Mitchell asked if there were any comments from the audience but no comments were offered.

President Mitchell closed the public hearing session.

The SBE asked CDE staff for more information regarding the site visit. Carrie Roberts, consultant, indicated that she visited the district last year and noted new instructional leadership, changes in the attitude of staff and administration, and more collaboration between the two around student work. Board members also inquired about specific causes of the district’s failure to make significant progress, and Mr. Lafontaine indicated that significant progress was only measured by the RFAI. When asked about the timing of funding, Mr. Lafontaine indicated that if the board acted today to discontinue funding, as recommended, the district would be asked for a final expenditure report and they would be entitled to no further funds after today’s date.

ACTION: Member Noonan moved to discontinue Reading First funding for Mt. Diablo Unified School District, pursuant to California Education Code sections 51700, 12001, 12032, and 33031. Member Lopez seconded the motion. The board voted, by roll call, 6-0 to approve the motion. (Members Bersin, Bloom, Fisher, Jones, and Jofre were not present for the vote.)

*** END PUBLIC HEARING***


Item 14: Consideration and Approval of a Timeline Waiver Agreement for the Purpose of Demonstrating Compliance with the Algebra l Assessment Requirements of the Federal No Child Left Behind Act of 2001.

This item was pulled from the agenda.


Item 10: History–Social Science Framework for California Public Schools, Kindergarten through Grade Twelve: Revision of Timeline, Approval of Guidelines for the Curriculum Framework and Evaluation Criteria Committee, and Appointment of Members to the Curriculum Framework and Evaluation Criteria Committee.

Presenter: Tom Adams, Director, Curriculum Frameworks and Instructional Resources Division, CDE presented on this item.

Mr. Adams addressed the board and Monica Ward, vice chair of the History Social Science Committee, was on hand to answer questions. Mr. Adams asked that the board approve the revision, guidelines and timelines. President Mitchell asked that alternate # 12 be added to the Curriculum Framework and Evaluation Criteria Committee. President Mitchell also asked board members to provide minor changes and or input to the guidelines which will be presented at the January 2009 meeting.

Public Comment: Assemblymember Mary Salas spoke in support of the History-Social Science Framework, and its inclusion of the Mendez v. Westminster School District case. She stated that she had supported legislation to include information on this historic case and the role it played in the civil rights movement and school desegregation in California and the nation, but her bill was vetoed. She also stated that this was the perfect opportunity to expand the curriculum to include a civil justice case. She emphasized that "we must never forget," especially now in the current context of change, noting that California was the first state in the union to desegregate schools.

During the board’s discussion of this item, Member Chan emphasized that it was important to consider the input of students from this morning’s presentation and look for ways their ideas could be incorporated into this process. She also expressed a concern that global issues be well represented in the new framework and subsequent materials. President Mitchell asked when the appropriate time would be for board members to give input to the guidelines and Mr. Adams indicated that it would be welcome at any time during the process, but sooner is better.

ACTION: Member Williams moved to adopt the recommendation of the Curriculum Development and Supplemental Materials Commission (Curriculum Commission) for the update of the History–Social Science Framework for California Public Schools, Kindergarten through Grade Twelve (History–Social Science Framework), including the revision to the timeline, approval of the guidelines for the Curriculum Framework and Evaluation Criteria Committee (CFCC), and appointment of members to the CFCC, including the appointment of applicant number 39 to serve as Chair of the CFCC, adding applicant 12 to serve as an alternate member of the CFCC. Member Lopez seconded the motion. The board voted, by roll call, 6-0 vote to approve the motion. (Members Bersin, Bloom, Fisher, Jones, and Jofre were not present for the vote.)


Item 7: High Priority Schools Grant Program: Proposed Intervention of High Priority Schools Grant Program (HPSGP) Schools that Failed to Show Significant Growth.

Presenter: Fred Balcom, Director, Accountability and Improvement Division, CDE presented on this item.

Board members requested clarification between the School Assistance and Intervention Team (SAIT) process and the District Assistance and Intervention Team (DAIT) process, and how their work is orchestrated when both entities are at work in one district. Mr. Balcom indicated that the DAIT process would have the authority. He also indicated the overall direction for assistance to schools in the future, by the state and county offices of education, is through assistance at the district level, helping to build their capacity for assisting their own schools.

Mr. Balcom was also asked if there was any evidence as to the effectiveness of the SAIT process and he indicated that a recent independent evaluation had been completed and their findings indicated support for the work of SAIT and the nine essential program components structure used in the SAIT process.

No public comment was offered on this item.

ACTION: Member Chan moved that the SBE:

1. Determine the High Priority Schools Grant Program (HPSGP) schools listed on Attachment 1 are deemed state-monitored.

2. Assign a School Assistance and Intervention Team to each of these state﷓monitored schools and allow the local governing board to retain its legal rights, duties, and responsibilities with respect to each school.

3. Provide other interventions that may be imposed, after two data points, for those schools that are not demonstrating progress towards exiting HPSGP state-monitoring.

Member Lopez seconded the motion. The board voted, by roll call, 6-0 to approve the motion. (Members Bersin, Bloom, Fisher, Jones, and Jofre were not present for the vote.)


Item 8: No Child Left Behind Act of 2001: Approve Proposed Changes to the Governing Policy of the Title I Committee of Practitioners.

Presenter: Fred Balcom, Director, Accountability and Improvement Division, CDE presented on this item.

Public Comment: Public comment was received from Sherry Griffith, ACSA, who gave her support and a specific recommendation for the reduction of COP committee members. Doug McRae, consultant, and Curtis Washington of CTA also addressed the board concerning this issue.

The board discussed the pros and cons for changing the committee size and the configuration that was presented by ACSA.

ACTION: Member Chan moved an amendment of the Governing Policy of the Title I Committee of Practitioners (COP) as follows:

Member Categories Number

Administrators 7
Teachers 4
Parents 3
Local Boards 3
Private Schools 1
Pupil Services Reps 1

In addition, the State Board directed the SBE and CDE staff to review applications to determine whether they provide evidence of demonstrated experience with Title I laws and regulations. Upon completion of that review, a screening committee of three members of the SBE will meet to paper-screen all applicants, interview candidates as it determines necessary, and recommend candidates to the SBE for approval at the January 2009 SBE meeting. Member Williams seconded the motion. The board voted, by roll call, 6-0 to approve the motion. (Members Bersin, Bloom, Fisher, Jones, and Jofre were not present for the vote.)


*** ADJOURNMENT OF DAY’S SESSION***



Thursday, November 6, 2008- 8:00 a.m. Pacific Time
California Department of Education
1430 N. Street, Room 1101
Sacramento, California

Members Present
Ted Mitchell, President
James Aschwanden
Alan Bersin
Yvonne Chan
Nicolas Jofre, Student Member
Gregory Jones
David Lopez
Kenneth Noonan
Johnathan Williams

Members Absent
Ruth Bloom, Vice President
Don Fisher

Call to Order
President Mitchell called the Regular Meeting to order at 8:01 a.m.

Closed Session: President Mitchell announced that the board would meet in closed session to discuss pending litigation. He convened in Closed Session at 8:02 a.m.
President Mitchell reconvened the Regular Meeting in Open Session at 9:41 a.m.
Report of Closed Session: Donna Neville, Chief Counsel for the SBE, reported that while in closed session the board had received a status update on two pending cases: Today’s Fresh Start, Inc., v. Los Angeles County Office of Education, et al., Los Angeles County Superior Court, Case No. BS112656 and the California School Boards Association, et al. v. California State Board of Education, et al. Sacramento Superior Court, Case No. 34-2008-00016957 and that no action was taken. Counsel also reported that the board had received a status update and legal advice regarding the matter of the California School Boards Association and its Education Legal Alliance, et al., v. the California State Board of Education, et al., Sacramento County Superior Court, Case No. 34-200800021188-CU-MC-GDS, and that no action was taken on this matter.

Salute to the Flag
Student member Nicolas Jofre led the Pledge of Allegiance.


Approval of Minutes: Member Noonan moved to approve the minutes of the September 2008 meeting. Member Jofre seconded the motion. The board voted, by roll call, 8-0 to approve the motion. (Member Chan was not present for the vote.)


Item 1: STATE BOARD PROJECTS AND PRIORITIES

President Mitchell reopened Item 1 to hear a presentation from Rachel Perry, Director, Policy and Evaluation Division, CDE. Ms. Perry gave a detailed presentation on the creation of the API and how it is calculated. She explained that currently the API is a cross sectional look at student achievement in English/language arts, mathematics, history-social science, and science. She explained that the API does not track individual student progress across years, but rather compares snapshots of school level achievement results from one year to the next. Ms. Perry also shared that the API is reported two times each year. Base API is reported in the spring and represents a re-calibration of the API system, adding new indicators or assigning different weights to certain indicators. Growth API is reported in late August and is compared to the prior year’s Base API to determine how much improvement occurred. Ms. Perry closed by stating that the SBE will have an item before them in their January meeting reflecting the 2008 base API. Changes will include elimination of the CAT6 since it will not be administered in 2009, addition of the California Modified Assessment (CMA) results for grades 3 through 5, and the adjustment for the introduction of the CMA in grades six through eight in 2009.

No action was taken on this item.


CONSENT CALENDAR

President Mitchell identified the following as the consent calendar: Items 26 through 45; WC-1 through WC-5; and W-1 through W-10, W-14 and W15.

ACTION: Member Noonan moved to approve the proposed consent calendar. Member Aschwanden seconded the motion. The motion was approved by an 8-0 vote. (Member Chan was not present for the vote.)

CONSENT ITEMS

Item 26: Immediate Intervention/Underperforming Schools Program and High Priority Schools Grant Program: School Assistance and Intervention Team: Approval of Expenditure Plan to Support School Assistance and Intervention Team Activities and Corrective Actions in State﷓Monitored Schools.

Item 27: No Child Left Behind Act of 2001: Approve Local Educational Agency Plans, Title I, Section 1112.

Item 28: Consolidated Applications 2008-09: Approval.

Item 29: Proposed Changes to be included in the California School Information Services Data Dictionary, Version 10.0.

Item 30: Standardized Testing and Reporting Program: Release of Ten Percent Withheld for 2007-08 NCS Pearson, Inc. Aprenda, La prueba de logros en español, Tercera edición Contract.

Item 31: Standardized Testing and Reporting Program: Release of Ten Percent Withheld for 2007-08 Educational Testing Service Contract.

Item 32: 2009 Education and the Environment Initiative Curriculum Review: Appointment of Content Review Experts and Instructional Materials Reviewers (Cohort 1).

Item 33: 2009 Education and the Environment Initiative Curriculum Review: Approval of Standards Map.

Item 34: 2009 Education and the Environment Initiative Curriculum Review: Approval of Evaluation Criteria Map.

Item 35: Instructional Materials: Approve Commencement of 15-Day Comment Period for the Final Statement of Reasons regarding California Code of Regulations, Title 5, Section 9517.1: Follow-Up Adoption Regulations.

Item 36: Social Content Review of Non-Adopted Instructional Materials (Senate Bill 734): Approve Commencement of 15-Day Public Comment Period for Proposed Changes to Proposed Title 5 Regulations, Sections 9800, 9810, 9820, and 9830.

Item 37: The Administrator Training Program, Assembly Bill 430
(Chapter 364, Statutes of 2005): Approval of Training Providers and Training Curricula.

Item 38: The Administrator Training Program, Assembly Bill 430 (Chapter 364, Statutes of 2005): Approval of Applications for Funding from Local Educational Agencies.

Item 39: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Approval of Training Providers and Training Curricula.

Item 40: Mathematics and Reading Professional Development Program Senate Bill 472 (Chapter 524, Statutes of 2006): Approve Applications from Local Educational Agencies.

Item 41: Gifted and Talented Education: Approval of Applications for Funding from Local Educational Agencies.

Item 42: Assignment of Numbers for Charter School Petitions.

Item 43: Charter Schools: Nonclassroom-Based Funding Rates.

Item 44: Public Charter Schools Grant Program: Approve the List of Recommended Dissemination Grant Awardees.

Item 45: Mathematics and Reading Professional Development Program, Senate Bill 472 (Chapter 524, Statutes of 2006): Appointment of New Members to Review Panel.

CONSENT WAIVERS

Item WC-1
Subject: Request by Elk Grove Unified School District to waive portions of California Education Code Section 51222(a), the statutory minimum of 400 minutes of physical education required each ten school days for students in grades seven through twelve in order to implement a block schedule at Cosumnes Oaks High School and Elizabeth Pinkerton Middle School.

Item WC-2
Subject: Request by Exeter Union High School District to waive portions of California Education Code Section 51222(a), the statutory minimum of 400 minutes of physical education required each ten school days for students in grades seven through twelve in order to implement a block schedule at Exeter High School.

Item WC-3
Subject: Request by San Luis Coastal Unified School District for a renewal to waive portions of California Education Code Section 51222(a), the statutory minimum of 400 minutes of physical education required each ten school days for students in grades seven through twelve in order to implement a block schedule at San Luis Obispo High School.


Item WC-4
Subject: Request by Santa Maria Joint Union High School District for a renewal to waive portions of California Education Code Section 51222(a), 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 four-by-four block schedule at Santa Maria High School and Pioneer Valley High School.

Item WC-5
Subject: Request by Lassen County Office of Education under the authority of California Education Code Section 52863 for a waiver of Education Code 52852, allowing one schoolsite council to function for three small alternative schools: Lassen County Community School/Probation Alternative in a Community Environment, Lassen County Juvenile Hall School and Lassen County Opportunity School.

WAIVERS

Item W-1
Subject: Request by Klamath-Trinity Joint Unified School District to waive portions of California Education Code sections 48660 and 48916.1(d) to permit the establishment of River’s Edge Community Day School for Kindergarten through grade eight.
Waiver Number: 6-8-2008

Item W-2
Subject: Request by Gustine Unified School District for Gustine High School under the authority of Section 131(c)(2) for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Item W-3
Subject: Request by Sutter Union High School District for Sutter High School under the authority of Section 131(c)(2) for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Item W-4
Subject: Request by Emery Unified School District under California Education Code sections 60421(d) and 60200(g) to purchase specified non-adopted instructional materials (It's about Time, Project Based Life Science, 7th grade) using Instructional Materials Funding Realignment Program monies.
Waiver Number: 4-9-2008

Item W-5
Subject: Petition request under California Education Code sections 60421(d) and 60200(g) by San Luis Obispo County Office of Education to purchase specified non-adopted instructional materials for severely disabled children using Instructional Materials Funding Realignment Program monies.
Waiver Number: 11-9-2007

Item W-6
Subject: Request by Los Alamitos Unified School District under the authority of California Education Code Section 60422(c)(1) through (3) to waive Education Code 60422(a), the “24 month rule”, for purchase of instructional materials after the adoption of a new list by the State Board of Education. Request is to delay the adoption of materials in Reading/Language Arts/English Language Development (kindergarten through grade eight only) for 12 additional months.

Item W-7
Subject: Request by Aspire Public Schools under the authority of California Education Code Section 47612.6 to waive Education Code 47612.5 audit penalty for offering less instructional time in the 2006-07 fiscal year at Capitol Heights Academy in grades two and three (shortfall of 2,099 minutes); Lionel Wilson College Preparatory Academy in grade twelve (shortfall of 1,859 minutes); and Millsmont Academy in grade seven (shortfall of 2,390 minutes).

Item W-8
Subject: Request by Valley Center-Pauma Unified School District under the authority of California Education Code Section 46206 to waive Education Code 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2006-07 fiscal year than the state minimum set in 1986-87 at Valley Center Primary School for grades one and two (shortfall of 95 minutes).

Item W-9
Subject: Request by Willows Unified School District under the authority of California Education Code Section 46206(a) to waive Education Code 46201(d), the Longer Day Incentive Program audit penalty for offering less instructional time in the 2006-07 fiscal year than the state minimum set in 1986-87 at Willows High School for students in grades nine through twelve (shortfall of 190 minutes).

Item W-10
Subject: Request by Scott Valley Unified School District to waive a portion of California Education Code Section 35330(d) to authorize expenditure of school district funds for students to travel to Oregon to experience the Ashland Shakespeare Festival, science trips, and career exploraton at the many colleges and universities.

Item W-14
Subject: Request by Riverside County Office of Education to waive California Code of Regulations, Title 5, Section 3051.16(b)(1), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2008, to allow Kimberly Kearney, Michael Skamnes, and Suzanne Atkins to continue to provide services to students until June 30, 2009, under a remediation plan to complete the minimum qualifications as set by California Code of Regulations, Title 5, Section 3051.16(b)(1).

Item W-15
Subject: Request by three local educational agencies to waive the State Testing Apportionment Information Report deadline of December 31st in the California Code of Regulations, Title 5, Section 11517.5(b)(1)(A) regarding the California English Language Development Test, or Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination, or Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program.
Waiver Numbers: see attached list for specific school districts

END OF CONSENT CALENDAR


*** PUBLIC HEARINGS***

Item 15: Petition to Establish Qued Charter Elementary School Under the Oversight of the State Board of Education: Hold Public Hearing and Consider Staff Recommendation to Approve the Charter.

Presenter: Carol Barkley, Director, and Debora Probst, consultant, Charter Schools Division, CDE, presented on this item. Ms. Barkley gave an overview of the item.

Mr. Bersin raised various legal concerns related to the SBE's consideration of charter petition appeals in general. In light of the fact that the board must assume oversight responsibility for a charter school petition whose appeal it grants, he asked what options the SBE has when the grounds for denial at the local level appear unsound or when a county board of education fails to act on a charter petition appeal that is presented to it. He indicated that he would like staff to look into these issues and to report back to the board.

Debora Probst reviewed the merits of the charter petition for the board. She also indicated that a representative from the school, Mr. Glenn Noreen, was available to answer any questions the board might have.

President Mitchell opened the public hearing and inquired if anyone desired to comment.

Colin Miller of the Charter Schools Association agreed with the staff reccommendation and also expressed concern that the local board had denied the petition without good reason. He extended an offer of assistance from the Charter Schools Association in drafting policy language to address this issue.

President Mitchell closed the public hearing and called for deliberation on the item. Ms. Chan expressed her concern related to the fact that in some cases county boards of education fail to act on charter petition appeals that are presented to it. Ms. Barkley explained that although the law related to these appeals requires that a county board of education act on appeals that are presented to it, the practice of the CDE has been to bring these appeals to the board for consideration even when there has been no action on the appeal at the county level. President Mitchell urged the board to focus its consideration on the petition presently before it for consideration. There was no further deliberation on this item.

ACTION: Member Williams moved to approve the petition to establish the Qued Charter Elementary School (Qued) and incorporate the following provisions:
· The SBE’s traditional conditions on opening and operation (as reflected in Attachment 1);
· Modifications to the charter in accordance with the CDE staff review, with the modifications to be reflected in the final charter;
· Specification of a five-year term beginning July 1, 2009, and ending June 30, 2014; and,
· Termination of the approval if the school does not open between July and September 30, 2009.
Member Jones seconded the motion. The board voted, by roll call, 8-0 with 1 abstention to approve the motion.


Item 16: High Tech High Statewide Benefit Charter: Material Amendment to Expand Grades Served from Ninth through Twelfth Grade Kindergarten through Twelfth Grade.

This item pulled at the request of High Tech High.


Item 17: Petition by the Ronald Reagan Charter School to Establish a Charter School under the Oversight of the State Board of Education: Hold Public Hearing and Consider Staff Recommendations for Denial.

Presentation: Carol Barkley, Director, and Deborah Domitrovich, consultant, of the Charter School Division, CDE, presented on this item. Ms. Barkley indicated that the Advisory Commission on Charter Schools (ACCS) was also recommending denial of the petition. Ms. Domitrovich presented her findings which included significant concerns regarding the Ronald Reagan Charter School’s educational program and curriculum, as well as fiscal concerns.

President Mitchell opened the public hearing, indicating representatives from both sides of the issue would have ten minutes to present their case, followed by two minutes each for those wishing to provide public comment.

Richard Shepler, the planned director for the charter spoke in defense of the petition. He described their proposed educational program and the chartering process that had taken place, along with other reasons why he felt the petition should be granted.

Dawn Calkins and Edie Esquivel testified to the strong parent support for this charter.

Members from the Lake Elsinore Unified School District (LEUSD) came to speak in favor of denial of the charter petition. Kim Cousins, president of the Board of Trustees of LEUSD, testified regarding LEUSD’s review of the petition and indicated that the district’s Business Services Assistant Superintendent and two attorneys were also present and available to answer the board’s questions. Dr. Frank Passarella, Superintendent, indicated that currently the school is functioning as a magnet school and has an 834 API. He believes the petition is being sought because of disagreement with personnel changes. Also testifying on behalf of LEUSD was Dr. Alan Guevara, Executive Director for Instructional Services who indicated that it was his opinion that the petition contained unsound educational practices. All were in agreement this school should not be granted the petition to establish the charter.

There were also two representatives from the Riverside County Office of Education. Patty Crawford testified about the process the county goes through in reviewing the appeal of LEUSD’s denial of the charter petition. Rollin Edmunds indicated that the County Office review resulted in findings to similar to CDE’s. They were both in ageement with the denial recommedation for the Ronald Regan Charter petition.

Colin Miller of the California Charter Schools Association indicated that the association would continue to work with the petitioners to refine and improve the charter. He also expressed concern for the fiscal viability of the charter as it stands, but felt that was an inherent problem with state law regarding the funding of conversion charters.

President Mitchell closed the public hearing session.

The board began its deliberation with a comment from Mr. Bersin regarding the funding rate determination that had been made by the LEUSD for the proposed conversion charter school. He indicated his belief that the funding rate was unrealistic, but acknowledged that this was not the only issue of concern with this charter petition appeal. Ms. Chan stated she felt that the charter petition fell short instructionally. She asked Ms. Barkley whether the SBE’s denial of this charter petition appeal would preclude the petitioners from reapplying. Ms. Barkley indicated that there was nothing in the law that would prevent the charter petitioners from reapplying if they were able to obtain signatures from 50 percent of the teachers at the existing non-charter school that they were proposing to convert to a charter school. A teacher who was in support of the charter school approached the podium and expressed her belief that due to changed circumstances at the school, it would no longer be possible for the charter petitioners to obtain the necessary signatures needed for a charter school conversion petition. She described the current climate at the school as being “hostile” to the interests of the charter proponents. President Mitchell acknowledged her concerns and restated her view that practically and politically speaking reapplying seemed like an unlikely possibility. Further acknowledging her comments, Mr. Bersin urged the representatives from the LEUSD and the Riverside County Office of Education to put aside their differences in the interests of the children involved.

ACTION: Member Bersin moved to deny the petition to establish the Ronald Reagan Charter School. Member Chan seconded the motion. The board voted, by roll call, 7-0 with 1 abstention to approve the motion. (Member Jones was not present for the vote.)

President Mitchell concluded the board’s consideration of this item by urging the LEUSD Superintendent to heal what appeared to be a “deep and powerful wound” in this school community.

*** END OF PUBLIC HEARINGS***


Item 18: Facilities for Charter Schools (Proposition 39): As Necessary, Adopt Emergency Regulations and/or Commence the Rulemaking Process.

This item was pulled from the agenda.


Item 19: Proposed New and Revised State Board of Education Waiver Policies.

Presenter: Judy Pinegar, CDE Waiver Office presented this item.

Public Comment: Public comment was received from Peter Schilla, California Together and Juan Godinez from the LAUSD Parent Collaborative.

ACTION: Member Aschwanden moved to adopt the new waiver policy entitled State Testing Apportionment Informational Report Deadline. Member Williams seconded the motion. The board voted, by roll call, 8-0 to approve the motion. (Member Jones was not present for the vote.)

ACTION: Member Chan moved to adopt the revised waiver policy entitled Schoolsite Councils for Small Schools Sharing Common Services or Attendance Areas. Member Noonan seconded the motion. The board voted, by roll call, 8-0 to approve the motion. (Member Jones was not present for the vote.)


Item W-11: Request by Temecula Valley Unified School District to waive a portion of California Education Code Section 44908 the requirement that a probationary employee must have served for at least seventy-five percent of the number of days the regular schools of the district are maintained to be deemed to have served a complete school year.

Presenter: Judy Pinegar, CDE Waiver Office presented this item.

ACTION: Member Bersin moved to grant the waiver as recommended by staff. Member Noonan seconded the motion. The board voted, by roll call, 8-0 to approve the motion. (Member Jones was not present for the vote.)


Item W-12: Request by Alisal Union Elementary School District to waive California Education Code Section 15268, to allow the district to exceed its bonding limit of 1.25 percent of the taxable assessed value of property. (Requesting 1.68 percent)

Presenter: Judy Pinegar, CDE Waiver Office presented this item.

ACTION: Member Bersin moved to grant the waiver as recommended by staff. Member Noonan seconded the motion. The board voted, by roll call, 8-0 to approve the motion. (Member Jones was not present for the vote.)


Item W-13: Request by Lindsay Unified School District to waive California Education Code Section 15270 (a) to allow the district to exceed its bonding limit of 2.5 percent of the taxable assessed value of property. (Requesting 2.81 percent)

Presenter: Judy Pinegar, CDE Waiver Office presented this item.

ACTION: Member Aschwanden moved to grant the waiver as recommended by staff. Member Lopez seconded the motion. The board voted, by roll call, 8-0 to approve the motion. (Member Jones was not present for the vote.)


Item 20: State Board of Education-Approved Charter Schools: Update.

There was no new information to report. This item was not heard.


Item 21: Update on Issues Related to California’s Implementation of No Child Left Behind and Other Federal Programs.

Presenter: Fred Balcom, director, Accountability and Improvement Division, CDE presented on this item.

No action was taken on this item.


Item 22: California English Language Development Test: Program Update, Including, but Not Limited to, Upcoming Release of Initial Identification Results.

There was no new information to report. This item was not heard.


Item 23: Standardized Testing and Reporting Program: Update Including, but not Limited to, California Reports for Teachers, Demographic Data Corrections, Ordering and Pre-identification Workshops, Certification of Apportionment Information Reports, Norm-referenced Test and Statewide Pupil Assessment Review Panel.

There was no new information to report. This item was not heard.


Item 24: California High School Exit Examination: Update including, but not limited to, 2007-08 Human Resources Research Organization Independent Evaluation Report, Independent Evaluation Study Request for Proposals, and Intensive Instruction and Services Funding.

Presenter: J.T. Lawrence, director, Standards and Assessment Division CDE presented on this item.

No action was taken on this item.


Item 25: Legislative Update, Including, but not Limited to Information on Legislation from the 2007-08 Session.

Presenter: Andrea Ball, deputy superintendent, Government Affairs Branch CDE presented on this item.

No action was taken on this item.


***Meeting Adjourned***