SBE Agenda for January 2020
Agenda for the California State Board of Education (SBE) meeting on January 8-9, 2020.State Board Members
- Linda Darling-Hammond, President
- Ilene W. Straus, Vice President
- Sue Burr
- Matt Navo
- Feliza I. Ortiz-Licon
- Kim Pattillo Brownson
- Patricia A. Rucker
- Niki Sandoval
- Ting L. Sun
- Brenna Pangelinan, Student Member
Secretary & Executive Officer
- Hon. Tony Thurmond
Executive Director
- Karen Stapf Walters
Schedule of Meeting
Wednesday, January 8, 2020
8:30 a.m. Pacific Time ±
STATE BOARD OF EDUCATION
The Closed Session will take place at approximately 11:00 a.m. (The Public may not attend.)
Location
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
916-319-0827
Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.
Schedule of Meeting
Thursday, January 9, 2020
8:30 a.m. Pacific Time ±
STATE BOARD OF EDUCATION
Public Session. Public Session, adjourn to Closed Session – IF NECESSARY.
Location
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
916-319-0827
The Closed Session (1) may commence earlier than 8:30 a.m.; (2) may begin at 8:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30 a.m.
CLOSED SESSION AGENDA
Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation will be considered and acted upon in closed session:
- California Parents for the Equalization of Educational Materials, et al. v. Tom Torlakson in his official capacity and members of the State Board of Education, in their official capacity, et al., United States District Court (No. Dist. CA), Case No. 4:17-cv-00635
- California School Boards Association, San Jose Unified School District v. California State Board of Education, State Department of Education, Promise Academy, Real Party in Interest, Sacramento County Superior Court, Case No. 34-2018-80002834
- Ella T et al. v. State of California, State Board of Education, State Department of Education, Tom Torlakson et al., Los Angeles County Superior Court, Case No. BC685730
- Emma C., et al. v. Delaine Eastin, et al., United States District Court (No.Dist.CA), Case No. C-96-4179
- Kerri K. et al. v. State of California, State Board of Education, State Department of Education, Tony Thurmond, Contra Costa County Office of Education, the Floyd I. Marchus School et al., Contra Costa County Superior Court, Case No. MSC19-00972
- Options for Youth, Burbank, Inc., San Gabriel, Inc. Upland, Inc. and Victor Valley, Notice of Appeal Before the Education Audit Appeals Panel, EAAP Case Nos. 06-18, 06-19- 07-07, 07-08 OAH Nos. L2006100966, L2006110025, L20070706022, L2007060728, Los Angeles County Superior Court, Case No. BC 347454
Conference with Legal Counsel – Anticipated Litigation: Under Government Code sections 11126(e), the State Board of Education hereby provides public notice that it may meet in Closed Session to decide whether there is a significant exposure to litigation, and to consider and act in connection with matters for which there is a significant exposure to litigation. Under Government Code sections 11126(e)(1) and (e)(2), the State Board of Education hereby provides public notice that it may meet in Closed Session to decide to initiate litigation and to consider and act in connection with litigation it has decided to initiate.
ALL TIMES ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE ONLY
ALL ITEMS MAY BE HEARD IN A DIFFERENT ORDER THAN HOW THEY ARE LISTED ON THE AGENDA ON ANY DAY OF THE NOTICED MEETING
THE ORDER OF BUSINESS MAY BE CHANGED WITHOUT NOTICE
Time is set aside for individuals desiring to speak on any topic not otherwise on the agenda. Please see the detailed agenda for the Public Session. In all cases, the presiding officer reserves the right to impose time limits on presentations as may be necessary to ensure that the agenda is completed.
REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY
Pursuant to the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, any individual with a disability or any other individual who requires reasonable accommodation to attend or participate in a meeting or function of the California State Board of Education (SBE), may request assistance by contacting the SBE office at 1430 N Street, Room 5111, Sacramento, CA 95814; by telephone at 916-319-0827; or by facsimile at 916-319-0175.
PUBLIC COMMENT GUIDELINES
For members of the public wishing to attend the meeting and provide public comment, please be aware of the following:
- Please note that there will be security measures in place at this meeting and future State Board of Education (SBE) meetings. All visitors will be required to go through a metal detector inspection as well as registering at the security desk. The metal detector screening will begin at 8:00 a.m.
- Members of the public may sign up to address the State Board of Education during the time allocated for such public comment. A binder with sign-in sheets will be available in the lobby beginning at 8:00 a.m. each day of the meeting.
- Members of the public may only sign up to speak for themselves and may not sign up other speakers. Speakers may not allocate their allotted time to another speaker.
- Speakers will be allotted a prescribed maximum amount of time per speaker as specified in the detailed agenda for the Public Session. In all cases, the presiding officer reserves the right to impose time limits on presentations as may be necessary to ensure that the meeting is completed.
- Speakers shall refrain from using profanity and shall conduct themselves in a respectful manner. No signs or props will be allowed in the board room.
- There is limited seating in the board room, the two overflow rooms, and occasionally seating in the lobby. Seating is on a first-come, first-served basis. Large groups arriving later in the day should be advised that they may not be able to wait inside the building if all seats are occupied. You will be seated as room becomes available.
- Meeting attendees and visitors waiting in the lobby or overflow rooms are requested to be considerate given that the California Department of Education Headquarters is a workplace.
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session, Day 1
Wednesday, January 8, 2020 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
- Call to Order
- Salute to the Flag
- Communications
- Announcements
- Report of the State Board of Education President
- Report of the State Superintendent of Public Instruction
- Special Presentations
Public notice is hereby given that special presentations for informational purposes may take place during this session. - Agenda Items
- Adjournment
AGENDA ITEMS DAY 1
PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items on Wednesday.
Subject: STATE BOARD PROJECTS AND PRIORITIES.
Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board appointments and direction to staff; declaratory and commendatory resolutions; Bylaw review and revision; Board policy; approval of minutes; Board liaison reports; training of Board members; and other matters of interest.
Type of Action: Action, Information
Subject: The Local Control and Accountability Plan Template: Adoption of the Revised Local Control and Accountability Plan Template, Consistent with California Education Code Section 52064 and Adoption of the Local Control and Accountability Plan Annual Update Template for the 2019–20 Local Control and Accountability Plan Year Consistent with California Education Code Sections 52061 and 52064.
Type of Action: Action, Information
Subject: 2021 Revision of the Mathematics Framework for California Public Schools, Kindergarten Through Grade Twelve: Approval of Curriculum Framework and Evaluation Criteria Committee Guidelines and Appointment of Members to the Curriculum Framework and Evaluation Criteria Committee.
Type of Action: Action, Information
Subject: 2020 United States Senate Youth Program: Recognition of California's Selected Delegates.
Type of Action: Information
Subject: The California Assessment of Student Performance and Progress System and English Language Proficiency Assessments for California: Approval of Revisions to the California Science Test Blueprint, Student Score Reports for the Initial English Language Proficiency Assessments for California, and an Update on Assessment Program Activities.
Type of Action: Action, Information
Subject: Update of Performance Standards of Local Indicators and Self-Reflection Tools for Local Indicator Reporting within the California School Dashboard.
Type of Action: Action, Information
Subject: Update on the Development of the California State Plan for the Every Student Succeeds Act: Approval of the Revisions to the State Plan for Resubmission to the U.S. Department of Education.
Type of Action: Action, Information
Subject: Approval of Local Educational Agencies’ Comprehensive Support and Improvement Plans, Pursuant to Every Student Succeeds Act Section 1111(D).
Type of Action: Action, Information
PUBLIC HEARING
The following Public Hearing will commence no earlier than 12:00 p.m. on Wednesday, January 8, 2020. The Public Hearing listed below will be held as close to 12:00 p.m. as the business of the State Board permits.
Subject: Appeal from an Action of the San Bernardino County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the Fontana Unified School District to the Etiwanda Elementary School District and the Chaffey Joint Union High School District.
Type of Action: Action, Information, Public Hearing
END OF PUBLIC HEARING
Subject: Development of the Draft Federal Perkins V State Plan for Career Technical Education.
Type of Action: Action, Information
END OF DAY’S SESSION
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session, Day 2
Thursday, January 9, 2020 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
- Call to Order
- Salute to the Flag
- Communications
- Announcements
- Report of the State Board of Education President
- Report of the State Superintendent of Public Instruction
- Special Presentations
Public notice is hereby given that special presentations for informational purposes may take place during this session. - Agenda Items
- Adjournment
AGENDA ITEMS DAY 2
PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items on Thursday.
Subject: State Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 covering program year 2018-19.
Type of Action: Action, Information
WAIVERS / ACTION AND CONSENT ITEMS
The following agenda items include waivers that are proposed for consent and those waivers scheduled for separate action because CDE staff may have recommended denial, or determined may present new or unusual issues. Waivers proposed for consent are so indicated on each waiver’s agenda item; however, any board member may remove a waiver from proposed consent and the item may be heard individually. Action different from that recommended by CDE staff may be taken.
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)
Subject: Request by eight local educational agencies to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.
Waiver Numbers:
- Campbell Union School District 3-10-2019
- Coalinga-Huron Unified School District 6-9-2019
- East Whittier City Elementary School District 2-10-2019
- Hollister School District 13-10-2019
- Los Nietos School District 8-10-2019
- Santa Paula Unified School District 7-10-2019
- Vallecitos Elementary School District 3-9-2019
- Valley Center-Pauma Unified School District 13-9-2019
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)
Subject: Request by Compton Unified School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.
Waiver Number: 1-11-2019
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)
Subject: Request by Elkins Elementary School District to waive portions of California Education Code sections 35780, 35782, and 35783, which will allow that district to lapse.
Waiver Number: 10-10-2019
(Recommended for APPROVAL)
SCHOOLSITE COUNCIL STATUTE (Shared Schoolsite Council)
Subject: Request by Placer County Office of Education under the authority of California Education Code Section 65001(e) for waivers of Education Code sections 65000 and 65001, relating to schoolsite councils regarding changes in shared, composition, or shared and composition members.
Waiver Number: 9-9-2019
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Algebra I Requirement for Graduation)
Subject: Request by El Dorado Union High School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2018-19 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for one student with disabilities based on Education Code Section 56101, the special education waiver authority.
Waiver Number: 8-9-2019
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by three local educational agencies to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days for an extended school year (summer school) for students with disabilities.
Waiver Numbers:
- Hemet Unified School District 6-10-2019
- Manteca Unified School District 5-10-2019
- San Marcos Unified School District 15-9-2019
(Recommended for APPROVAL WITH CONDITIONS)
Item W-07 was withdrawn by the district on January 7, 2020.
SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)
Item W-07
Subject: Requests by the Ontario-Montclair Unified School District to waive Education Code Section 56362(c), allowing the caseloads of resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).
Waiver Numbers:
4-9-20195-9-20197-9-201910-9-2019
(Recommended for DENIAL)
[Note: the preceding information about Item W-07 contains strikethroughs which indicate the item has been withdrawn.]
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Subject: A request by two County Offices of Education to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Erika Danielle Zamora and William Curd to continue to provide services to students until August 14, 2020, under a remediation plan to complete those minimum requirements.
Waiver Numbers:
- Fresno County Office of Education 12-9-2019
- San Luis Obispo County Office of Education 4-10-2019
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/NPA or NPS Certification)
Subject: Request by Chico Unified School District for a renewal waiver of California Education Code (EC) Section 56366(d), the requirement for nonpublic, nonsectarian schools or agencies to be state-certified, to allow the use of state and federal special education funds for the placement of one high school student with disabilities at an uncertified out-of-state school for students with disabilities located in Delta, Utah.
Waiver Number: 8-7-2019
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/NPA or NPS Certification)
Subject: Request by Lake Elsinore Unified School District on behalf of the Sycamore Academy of Science and Cultural Arts, to waive California Education Code (EC) Section 56366(d), the requirement for nonpublic, nonsectarian schools or agencies to be state-certified, to allow the use of state and federal special education funds for the placement of one high school student with disabilities at an uncertified out-of-state school for students with disabilities located in Troy, Montana.
Waiver Number: 13-7-2019
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/NPA or NPS Certification)
Subject: Request by Sweetwater Union High School District to waive California Education Code (EC) Section 56366(d), the requirement for nonpublic, nonsectarian schools or agencies to be state-certified, to allow the use of state and federal special education funds for the placement of one high school student with disabilities at an uncertified out-of-state school for students with disabilities located in Milford, Massachusetts.
Waiver Number: 1-7-2019
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/NPA or NPS Certification)
Subject: Request by William S. Hart Union High School District to waive California Education Code (EC) Section 56366(d), the requirement for nonpublic, nonsectarian schools or agencies to be state-certified, to allow the use of state and federal special education funds for the placement of one student with disabilities at an uncertified out-of-state school located in Hurricane, Utah.
Waiver Number: 14-4-2019
(Recommended for APPROVAL)
Item W-13 was withdrawn by the district on December 30, 2019.
SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)
Item W-13
Subject: Request by the Torrance Unified School District to waive California Education Code (EC) sections governing the process for selling or leasing surplus property.
Waiver Number: 2-8-2019
(Recommended for DENIAL)
[Note: the preceding information about Item W-13 contains strikethroughs which indicate the item has been withdrawn.]
END OF WAIVERS
Item 12 was withdrawn by the California Department of Education on January 7, 2020.
Item 12
Subject: Approval of the Fiscal Year 2019–20 Career Technical Education Incentive Grant Allocations, Including the Allocation Formula; Specific Funding Amounts and Number of Grant Awards; Purposes for Grant Fund Use; and Allowable and Non-Allowable Expenditures.
Type of Action: Action, Information
[Note: the preceding information about Item 12 contains strikethroughs which indicate the item has been withdrawn.]
Subject: State Board of Education-Adopted Instructional Materials Revisions Process: Instructional Quality Commission Advisory Report.
Type of Action: Action, Information
Subject: Consideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.
Type of Action: Action, Information
Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.
Type of Action: Action, Information
- Item 15 Attachment 1 (XLSX)
- Revised Item 15 Attachment 1 (XLSX; Posted 7-Jan-2020)
Note: 2078 was withdrawn by the charter school on January 7, 2020.
Subject: Approval of 2019–20 Consolidated Applications.
Type of Action: Action, Information
PUBLIC HEARINGS
The following Public Hearings will commence no earlier than 8:30 a.m. on Thursday, January 9, 2020. The Public Hearings listed below will be held as close to 8:30 a.m. as the business of the State Board permits.
Subject: The New School of San Francisco: Hold a Public Hearing to Consider a Petition to Renew the Charter Currently Authorized by the State Board of Education.
Type of Action: Action, Information, Public Hearing
Subject: The New School of San Francisco: Consideration of a Material Revision of the Charter to Change from Kindergarten through Grade Five to Kindergarten through Grade Eight, which was denied by the San Francisco Unified School District.
Type of Action: Action, Information, Public Hearing
END OF PUBLIC HEARINGS
Subject: California's Application to the United States Department of Education for Funds Available through the 2020–23 Federal Charter Schools Program: Discussion and Consideration of Proposed Content and Submission.
Type of Action: Action, Information
Subject: GENERAL 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: Information
ADJOURNMENT OF MEETING
This agenda is posted on the State Board of Education’s Web site [http://www.cde.ca.gov/be/ag/]. For more information concerning this agenda, please contact the State Board of Education at 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone 916-319-0827; and facsimile 916-319-0175. Members of the public wishing to send written comments about an agenda item to the board are encouraged to send an electronic copy to SBE@cde.ca.gov, with the item number clearly marked in the subject line. In order to ensure that comments are received by board members in advance of the meeting, please submit these and any related materials to our office by 12:00 Noon on January 3, 2020, the Friday prior to the meeting. If you do not meet the deadline, please provide 25 copies to distribute at the meeting.