Since the 2011-12 school year, MBUSD has been utilizing CSBA’s agenda online as a means of electronically developing and posting each and every board agenda.  The $2,500 annual cost has resulted in a much more transparent and publicly available agenda and background material.  It has also saved a significant amount of time, material and money that is no longer spent copying the full Board agenda.

Earlier this year, CSBA updated their system.  After analyzing the results of the update, staff is recommending that MBUSD move to a different online platform, BoardDocsPro.  This platform will result in easier access to materials by members of the public, staff and the Board.  It will also result in one platform that can host all records from previous Board meetings.

Pursuant to Education Code 52060, as added by AB 97 (Ch. 47, Statutes of 2013), applicable statewide student assessments must be used as one of the measures of the district's annual goals for student achievement included in its local control accountability plan; see AR 0460 - Local Control and Accountability Plan. In addition, pursuant to Education Code 44662, evaluations of certificated staff must include an assessment of students' progress toward meeting district standards of expected student achievement at each grade level in each area of study and, if applicable, toward state standards as measured by state criterion-referenced assessments (i.e., assessments that test students' mastery of the content). However, Education Code 44662 does prohibit the use of publishers' norms established by standardized tests (i.e., assessments that compare students' performance to a representative sample of students) for the purpose of evaluating and assessing certificated staff performance. The use of student assessment results in staff evaluations may also be addressed in collective bargaining agreements or employment contracts. See BP/AR 4115 - Evaluation/Supervision and BP 4315 - Evaluation/Supervision.

Further, Education Code 52052, as amended by AB 97 (Ch. 47, Statutes of 2013), requires that schools and districts demonstrate comparable improvement in academic achievement by all "numerically significant" student subgroups, including ethnic subgroups, socioeconomically disadvantaged students, English learners, students with disabilities, and foster youth. A "numerically significant" subgroup is one that consists of at least 30 students, or 15 foster youth, with a valid test score.

Also related to state assessment and included in the revised policy is reference to Education Code 60607 which states that the Superintendent or designee must ensure that each student, by the end of grade 12, has an individual record of accomplishment that will include results of the state achievement tests or any predecessor assessments (AB 484 (Ch. 389, Statutes of 2013)).

Manhattan Beach Unified School District Board Policy 6162.5, Student Assessment, has been updated to reflect NEW LAW (AB 97, 2013) which requires that statewide assessments be used as one measure of the district's local control and accountability plan (LCAP) goals for student achievement and revises the definition of "numerically significant" student subgroups for which districts must demonstrate comparable improvement in academic achievement. This revision also reflects NEW LAW (AB 484, 2013) which replaces the Standardized Testing and Reporting program with the California Assessment of Student Performance and Progress (CAASPP) and changes the content required for the individual record of accomplishment to include results of the CAASPP or any predecessor assessment.

Adopt revised Manhattan Beach Unified School Board Policy 6162.54, Student Assessment

Periodically technical revisions are necessary to make non-substantive changes in district policies, administrative regulations, or board bylaws based on renumbering of laws, changes in the coding of cross-referenced policies, or similar corrections in legal references, management resources, or cross-references.

 AB 484 (Ch. 489, Statutes of 2013) amended Education Code 60640-60649 to transition from the Standardized Testing and Reporting program to the California Assessment of Student Performance and Progress (CASPP). Currently the CASPP does not include an assessment of history-social science performance; however such an assessment may be added in the future. Other state, national, and district assessments also may provide data on history-social science performance that may be used to evaluate the effectiveness of the district's instructional program. The following update reflects the non-substantive changes to MBUSD 6142.94 as amended by AB 484 (Ch. 489, Statutes of 2013).

Education Code 18100 requires the Governing Board to provide library services for students and teachers by maintaining school libraries or contracting with another public agency. 

Pursuant to Education Code 18120, the Board may appoint one or more librarians to staff school libraries, provided they possess an appropriate credential issued by the Commission on Teacher Credentialing (CTC) as required by Education Code 44868 and 5 CCR 80053. This may include a teacher librarian services credential issued since January 1, 2008 or a library media teacher services credential issued prior to that date. In addition, 5 CCR 80024.6 establishes requirements for an emergency teacher librarian services permit that may be issued when there is an insufficient number of qualified certificated persons to fill available positions.

AB 97 (Ch. 47, Statutes of 2013) eliminated the School and Library Improvement Block Grant (Education Code 41570-41573), which could be used to purchase school library resources and equipment conditional upon the adoption of a single plan for student achievement that incorporated a districtwide library plan. AB 97 also eliminated separate categorical funding for the State Instructional Materials Fund (Education Code 60240-60251.5), which could be used for the purchase of classroom library materials for grades K-4 provided that the district developed a districtwide plan for classroom libraries. Thus, districts may determine whether or not to develop a districtwide library plan and the process for developing such a plan.

            Manhattan Beach Unified School District Board Policy 6163.1, Library Media Centers, has been updated to reflect NEW LAW (AB 97, 2013) eliminating the School and Library Improvement Block Grant and State Instructional Materials Fund which could be used to purchase materials for school or classroom libraries contingent upon the development of a districtwide library plan. New language addresses the development of a library plan that is aligned with other district and school plans.

Periodically technical revisions are necessary to make non-substantive changes in district policies, administrative regulations, or board bylaws based on renumbering of laws, changes in the coding of cross-referenced policies, or similar corrections in legal references, management resources, or cross-references.

To align the Superintendent’s responsibility with district’s authority the first paragraph of the revised bylaw, shown on page BB 9230 (a) has been updated to read:

“The Governing Board desires to provide Board candidates with orientation information that will enable them to understand the responsibilities and expectations of Board membership. The Superintendent or designee shall provide all candidates with general information about school programs, district operations, and Board responsibilities, and the County Election Official's contact information.”

Periodically, technical revisions are necessary to make non-substantive changes in district policies, administrative regulations, or board bylaws based on renumbering of laws, changes in the coding of cross-referenced policies, or similar corrections in legal references, management resources, or cross-references.

In the section "Events Causing a Vacancy," shown on page BB 9223 (b), there is reference to a Board member’s refusal or neglect to file his/her required bond within a specified time.  As revised by Government Code 1770, this bond practice is no longer required, and, therefore the refusal or neglect to file as been eliminated under item #9 of that section.

AB 97 (Ch. 47, Statutes of 2013) eliminated categorical funding for Gifted and Talented Education Program (GATE) (Education Code 52200-52212) and redirected that funding into the local control funding formula (LCFF). Thus, GATE program requirements are no longer applicable.           

MBUSD Board Policy 6172 has been updated to reflect NEW LAW (AB 97, 2013) which eliminated categorical funding and requirements for the Gifted and Talented Education (GATE) program. The policy retains key concepts regarding the identification of gifted and talented students for specialized instructional programs, types of educational opportunities that may be offered to such students, and the participation of key stakeholders in program planning, implementation, and evaluation.

The supporting regulation has been revised to reflect NEW LAW (AB 97, 2013) which eliminated GATE requirements. It deletes definitions, requirement for a program plan with specified components, and appeals by parents/guardians when their child is not selected for the program. The regulation also has updated material on the identification of gifted and talented students to delete detailed requirement for evaluation by experts.

Periodically minor revisions are necessary to make limited changes in district policies, administrative regulations, and board bylaws.  Although the changes are minor, the district should still use its normal adoption process to adopt the board policies and/or administrative regulations affected by these revisions.

AR 5020 - Parent Rights and Responsibilities

In section "Parent/Guardian Rights," revise paragraph under item #8 as follows:

Parents/guardians may inspect, in a reasonable time frame, all primary supplemental instructional materials and assessments stored by the classroom teacher, including textbooks, teacher's manuals, films, tapes audio and video recordings, and software. (Education Code 49091.10)

Rationale: To more accurately reflect current law.

Revise Manhattan Beach Unified School District Administrative Regulation 5020, Parent Rights and Responsibilities.

Pursuant to Government Code 54952, open meeting laws (the Brown Act) apply to any commission, committee, board, or other body created by formal action of the Governing Board, regardless of whether that body is permanent or temporary, decision-making or advisory.

In Frazer v. Dixon Unified School District, the court held that the adoption of a Board policy that required the appointment of a committee to advise the Superintendent, and in turn, the Board, was a committee created by "formal Board action" within the meaning of Government Code 54952. Therefore, the committee's meetings were subject to the Brown Act.

It should be noted that committees composed solely of Board members who are less than a quorum of the Board may be exempt from Brown Act requirements in limited circumstances; see BB 9130 - Board Committees.

Revised MBUSD Administrative Regulation 1220 updates the section on "Committees Subject to Brown Act Requirements" to include the local control and accountability plan (LCAP) parent advisory committee and English learner parent advisory committee. The section on "Committees Not Subject to Brown Act Requirements" has been revised to delete references to committees for certain categorical programs based on the redirection of categorical program funding into the local control funding formula (LCFF) and/or NEW LAW (SB 971) which repealed provisions of law requiring those committees.

No student shall be excluded from participation in, be denied the benefits of, be denied equivalent opportunity in, or otherwise be discriminated against in interscholastic, intramural, or club athletics on the basis of actual or perceived sex, sexual orientation, gender, gender identity, gender expression, ethnic group identification, race, ancestry, national origin, religion, color, mental or physical disability, or any other basis specified in law.

5 CCR 4921 and 34 CFR 106.41 authorize the establishment of separate teams for males and females where the selection of teams is based on competitive skills. 34 CFR 106.41 also authorizes single-sex teams for contact sports, as defined. Because state regulations do not address single-sex teams for contact sports, the district will consult legal counsel prior to establishing any new single-sex team for a contact sport for which selection is not based on competitive skills.

Further, pursuant to Education Code 221.5, as amended by AB 1266 (Ch. 85, Statutes of 2013), a district is required to permit a transgender student to participate in sex-segregated school programs and activities, including athletic teams and competitions, consistent with his/her gender identity, regardless of the gender listed in the student's records; see BP/AR 5145.3 - Nondiscrimination/Harassment. The California Interscholastic Federation's (CIF) bylaws and Guidelines for Gender Identity Participation contain procedures for addressing student complaints regarding gender identity-based participation in interscholastic sports.

 Beginning with the 2015-16 school year and every year thereafter, each school that offers competitive athletics must post on the school or district web site certain information about male and female participation in its athletic programs.  Education Code 221.9, as added by SB 1349 (Ch. 258, Statutes of 2014) defines a competitive sport as any sport that has a coach and a governing organization (i.e. CIF), practices and competes during a defined season, and has competition as its primary goal.

 MBUSD Administrative regulation 6145.2 is updated to reflect NEW LAW (SB 1349) which, beginning with the 2015-16 school year, requires each school that offers competitive athletics to post certain information about the participation of males and females in competitive athletics on its web site or, if the school does not have a web site, then on the district web site. The update also reflects NEW LAW (AB 2127) which limits full-contact practices by a middle or high school football team, and requires an athlete with a concussion to complete a gradual return-to-play protocol.

 An additional NEW LAW (AB 1266) included in the revision requires districts to permit a student to participate in sex-segregated school programs and activities, including athletic teams and competitions, and to use facilities consistent with the student's gender identity, regardless of his/her gender as listed on his/her educational records.

 Finally, the update reflects modified California Interscholastic Federation (CIF) bylaws which allow students to participate in interscholastic athletic programs consistent with their gender identity and CIF procedures for addressing student complaints regarding gender identity-based participation in interscholastic sports.

Education Code 60600-60649 establish the statewide student assessment system and, as amended by SB 858 (Ch. 32, Statutes of 2014) and AB 1599 (Ch. 327, Statutes of 2014), change the name of the assessment system to the California Assessment of Student Performance and Progress (CAASPP).  In addition to the CAASPP tests, the district may, at its discretion and at its own expense, administer the tests from the state's former assessment system (the Standardized Testing and Reporting Program) through 2014-15 pursuant to Education Code 60640.  Administration of any such tests shall be subject to an agreement with the test contractor approved by the California Department of Education.

The CAASPP consists of the required assessments in Smarter Balanced Assessment Consortium for English language arts and mathematics in grades 3-8 (with exceptions); science assessments at grades 5, 8, and 10, and optional use of a primary language assessment. For students with disabilities who are unable to take the tests listed above, the California Alternate Assessment in English language arts and mathematics and for the science assessment, either the California Alternate Performance or California Modified Assessment, in accordance with the student’s IEP. Pursuant to Education Code 60640, the State Board of Education is required to make recommendations by March 1, 2016, for expanding the assessment system to include additional subjects and assessment methods.

Pursuant to Education Code 60640 and 99300-99301, the CAASPP includes the Early Assessment Program (EAP) designed to assess the college readiness of students in grade 11 in English language arts and/or mathematics. Beginning in the 2014-15 school year, the EAP is no longer a separate augmented test but rather is included within the Smarter Balanced summative assessments.

MBUSD Administrative Regulation 6162.51 has been updated to reflect NEW LAW (SB 858 and AB 1599) which officially change the name of the state assessment system to the California Assessment Performance and Progress (CAASPP).  The changes also reflect the status of CAASPP testing for the 2014-15 school year, including field testing of a new alternative test of English language arts and mathematics for students with significant cognitive disabilities. 

In addition, the regulation has been revised in accordance with NEW TITLE 5 REGULATIONS (Register 2014, No.35) which establish testing windows, require parental notification related to exemption from testing, list allowable testing resources (i.e., universal tools, designated supports, accommodations) that may be used during test administration, and provide that, if test results are received from the test contractor after the last day of instruction for the school year, then the report must be disseminated to parents/guardians within the first 20 days of the next school year.

Pursuant to Education Code 48412, the State Board of Education (SBE) will award a "certificate of proficiency" to persons who pass the California High School Proficiency Examination (CHSPE) established by the California Department of Education (CDE) to assess proficiency in reading, writing, and mathematics skills.

Education Code 51420-51427 provide that persons may be awarded the California High School Equivalency Certificate by taking a general educational development test and receiving a score that is at least as high as that determined by the SBE to be equal to the standard of performance expected from high school graduates.

5 CCR 11530-11532, as amended by Register 2013, No. 39, delete the requirement to use only the General Educational Development (GED) test adopted by the General Educational Development Testing Service for the purpose of awarding a high school equivalency certificate. Subsequently, in March 2014, the SBE approved the use of three tests: the GED, the High School Equivalency Test (HiSET) provided by the Educational Testing Service, and the Test Assessing Secondary Completion (TASC) provided by CTB/McGraw Hill.  Local testing centers will have the option to offer one or more of these tests. A list of test centers and testing dates (once in the fall and once in the spring) is available on the CHSPE web site. The CDE will keep a permanent record of the issuance of all certificates.

MBUSD Administrative Regulation 6146.2 has been updated to reflect NEW TITLE 5 REGULATIONS (Register 2013, No. 39) which delete the requirement that the State Board of Education (SBE) use only the General Educational Development (GED) test for the purpose of awarding the California High School Equivalency Certificate, and a subsequent action by the SBE (March 2014) designating three tests that may be used to earn the certificate: the GED, High School Equivalency Test (HiSET), and Test Assessing Secondary Completion (TASC).