SBE Agenda for March 2021
Agenda for the California State Board of Education (SBE) meeting on March 16-18, 2021.State Board Members
- Linda Darling-Hammond, President
- Ilene W. Straus, Vice President
- Sue Burr
- Cynthia Glover-Woods
- Jim McQuillen
- Matt Navo
- Kim Pattillo Brownson
- Haydee Rodriguez
- Patricia A. Rucker
- Ting L. Sun
- Zaid Fattah, Student Member
Secretary & Executive Officer
- Hon. Tony Thurmond
Executive Director
- Brooks Allen
Schedule of Meeting
Tuesday, March 16, 2021
2:30 p.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
Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome to participate.
Schedule of Meeting
Wednesday, March 17, 2021
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
Schedule of Meeting
Thursday, March 18, 2021
8:30 a.m. Pacific Time ±
STATE BOARD OF EDUCATION
The Closed Session will take place at approximately 8:30 a.m. (The Public may not attend.)
Location
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
916-319-0827
CLOSED SESSION
The Closed Session may commence as necessary.
- 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
- Cayla K et al. v. State of California, State Board of Education, State Department of Education, Tony Thurmond et al., Alameda County Superior Court, Case No. RG20084386
- 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
- I.L. v. Oakland Unified School District, State of California, State Board of Education, State Department of Education, Tony Thurmond, United States District Court (No. Dist. CA), Case No.20-CV-2349-JST.
- 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
- Martinez v. Newsom, State of California, Tony Thurmond, State Department of Education, State Board of Education, et al., United State District Court (Central District CA), Case No. 5:20-cv-01796
- 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
- Patel v. Santa Clara Unified School District, California Department of Education, Tony Thurmond, State Board of Education, Santa Clara County Superior Court, Case No, 20CV365010
- Today’s Fresh Start Charter School v. Inglewood Unified School District, Los Angeles County Office of Education, California Department of Education, California State Board of Education, Los Angeles County Superior Court, Case No. 20STCP02646
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; by facsimile at 916-319-0175; or by email at sbe@cde.ca.gov.
SBE MEETING LOGISTICS
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 related to the COVID-19 pandemic. The Executive Order allows state bodies covered by the Bagley-Keene Open Meeting Act (Act) to hold public meetings covered by the Act via web and/or audio teleconferencing. As such, the March 2021 SBE meeting will be held as an audio/video teleconference and will have a live webcast, which will subsequently be archived on the SBE website. The SBE Board Room 1101 in the California Department of Education will be closed to the public. Please see the Public Comment Guidelines section below for options to view and participate during the meeting.
PUBLIC COMMENT GUIDELINES
Public comment may be provided via email or phone, as specified below.
The public is highly encouraged to submit written comment to the SBE members in advance for their prior consideration. In order to help ensure that board members have sufficient time to review all comments, please submit comments by noon on Friday, March 12, 2021. Comments should be submitted to the SBE mailbox at: sbe@cde.ca.gov.
All public comments received by the deadline will be posted to a Box account and made available prior to the meeting, located at
March 16-18, 2021 SBE Meeting 
[https://cde.app.box.com/s/cfnvron0csciyg0148y1tjfwrjjxdl9e]
Join the SBE electronic mailing list to receive information and updates from the Board.
The following information should be included in the body of the email:
- Commenter’s first and last name
- Organization affiliation, if applicable
- Agenda item number or general public comment
Phone
Public comment may also be provided during the meeting by dialing the phone number and participant access code listed below. The operator will notify callers when it is their turn to provide public comment. Public comment will be limited to one minute. Members of the public wishing to dial in for public comment should view the live-stream of the meeting. The number is provided below and will also be announced at the start of public comment for each item.
- Prior to making public comment, speakers who are watching the meeting via live webcast should make sure the volume on their computer is muted to avoid an echoing or feedback sounds during the call.
- Each speaker will be allotted one minute of public comment for each agenda item.
- Please use the phone number provided below:
- Phone number: 712-770-5316, Participant Access Code: 4337117
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session, Day 1
Tuesday, March 16, 2021 – 2:30 p.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
- Call to Order
- Salute to the Flag
- Communications
- Announcements
- 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, and should follow instructions provided above to do so remotely.
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 Every Student Succeeds Act: Authorization to Pursue Flexibility on or Waiver of Assessment, Accountability, and Reporting Requirements.
Type of Action: Action, Information
END OF DAY'S SESSION
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session, Day 2
Wednesday, March 17, 2021 – 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
- 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, and should follow instructions provided above to do so remotely.
Subject: Approval of Indicator 17 of the State Performance Plan and Annual Performance Report for Special Education.
Type of Action: Action, Information
Subject: Comprehensive Literacy State Development Grant: State Literacy Plan Approval.
Type of Action: Action, Information
Subject: California Assessment of Student Performance and Progress-Approve the Finding of Emergency and Proposed Emergency Regulations for addition to the California Code of Regulations, Title 5, Section 855.1 and English Language Proficiency Assessments for California-Approve the Finding of Emergency and Proposed Emergency Regulations for addition to the California Code of Regulations, Title 5, Section 11518.1.
Type of Action: Action, Information
Subject: Approval of 2020-21 Consolidated Applications.
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 that they 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.
CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding)
Subject: Request by Whitmore Union Elementary School District to waive portions of California Code of Regulations, Title 5 Section 11963.6, relating to the submission of and action on a determination of funding request regarding nonclassroom-based instruction.
Waiver Number: 5-9-2020
(Recommended for APPROVAL)
OTHER WAIVERS (Employment - Retirement System)
Subject: Request by Los Angeles Unified School District to waive California Education Code Section 45134(c), to allow the employment of a State Teachers’ Retirement System retiree in a classified position on a temporary basis.
Waiver Number: 4-11-2020
(Recommended for APPROVAL)
SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)
Subject: Request by four local educational agencies to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Numbers:
- Orange Unified School District 10-9-2020
- Ravenswood City Elementary School District 4-10-2020
- Ravenswood City Elementary School District 5-10-2020
- San Lorenzo Unified School District 19-12-2020
- Santa Rosa City Schools 18-12-2020
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit)
Subject: Request by six local educational agencies to waive California Education Code sections 15102, 15106, 15268, and 15270(a) to allow the districts to exceed their bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for elementary school districts and 2.50 percent of the taxable assessed valuation of property for unified school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for elementary school districts and $60 per $100,000 of assessed value for unified school districts may also apply.
Waiver Numbers:
- Center Joint Unified School District 7-12-2020
- Earlimart Elementary School District 8-12-2020
- Greenfield Union School District 15-12-2020
- John Swett Unified School District 17-12-2020
- Mountain View Elementary School District 9-12-2020
- Winters Joint Unified School District 16-12-2020
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)
Subject: Request by Torrance 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: 3-10-2020
(Recommended for APPROVAL)
SCHOOLSITE COUNCIL STATUTE (Shared Schoolsite Council with Reduced Number and Composition)
Subject: Request by Dunsmuir Joint Union High School District 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: 5-11-2020
(Recommended for APPROVAL WITH CONDITIONS)
COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)
Subject: Request by the Manteca Unified School District to waive California Education Code Section 48661(a) to permit the collocation of the Manteca Community Day School, on the same site as the New Vision Continuation High School.
Waiver Number: 1-12-2020
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Subject: Request by the San Luis Obispo County Office 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 William Curd to continue to provide services to students until June 30, 2022, under a remediation plan to complete those minimum requirements.
Waiver Number: 6-10-2020
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by eight 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:
- Chico Unified School District 2-12-2020
- Chula Vista Elementary School District 2-10-2020
- Madera County Superintendent of Schools 6-12-2020
- National Elementary School District 10-12-2020
- Palm Springs Unified School District 3-11-2020
- San Marcos Unified School District 14-12-2020
- San Pasqual Valley Unified School District 2-11-2020
- Tulare County Office of Education 12-12-2020
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific / NPA or NPS Certification)
Subject: Request by the Carlsbad Unified School District and the North Coastal Consortium for Special Education, Special Education Local Plan Area 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 Forrest City, Arkansas.
Waiver Number: 13-12-2020
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific / NPA or NPS Certification)
Subject: Request by the Paso Robles Joint Unified School District to waive California Education Code 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 Canton, Massachusetts.
Waiver Number: 3-12-2020
(Recommended for APPROVAL WITH CONDITIONS)
END OF WAIVERS
Subject: Consideration of a Retroactive Request 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
PUBLIC HEARING DAY 2
The following Public Hearing will commence no earlier than 11:00 a.m. on Wednesday, March 17, 2021. The Public Hearing listed below will be held as close to 11:00 a.m. as the business of the State Board permits.
Subject: Petition for the Renewal of a Charter School Under the Oversight of the Local Educational Agency Designated by the State Board of Education Pursuant to California Education Code Section 47605(k)(2)(E): Consideration of Ross Valley Charter, which was denied by the Ross Valley Elementary School District.
Type of Action: Action, Information, Public Hearing
END OF PUBLIC HEARING
END OF DAY'S SESSION
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session, Day 3
Thursday, March 18, 2021 – 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
- 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 3
PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items, and should follow instructions provided above to do so remotely.
Subject: Ethnic Studies Model Curriculum: Adoption of the Model Curriculum.
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 [https://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. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.