SBE Agenda for March 2019
Agenda for the California State Board of Education (SBE) meeting on March 13-14, 2019.State Board Members
- Ilene W. Straus, Vice President
- Sue Burr
- Linda Darling-Hammond
- Feliza I. Ortiz-Licon
- Patricia A. Rucker
- Niki Sandoval
- Ting L. Sun
- Gema Q. Cardenas, Student Member
Secretary & Executive Officer
- Hon. Tony Thurmond
Executive Director
- Karen Stapf Walters
Schedule of Meeting
Wednesday, March 13, 2019
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
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, March 14, 2019
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
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 follows 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
- Cruz et al. v. State of California, State Board of Education, State Department of Education, Tom Torlakson et al., Alameda County Superior Court, Case No. RG14727139
- Devon Torrey-Love v. State of California, Department of Education, State Board of Education, Tom Torlakson, Department of Public Health, Dr. Karen Smith, Director of the Department of Public Health, Placer County Superior Court, Case No. CV-0039311
- 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
- 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
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.
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session, Day 1
Wednesday, March 13, 2019 – 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 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 and Thursday.
Subject: Approval of Indicator 17 of the Annual Performance Report for Special Education.
Type of Action: Action, Information
Subject: Update on the Development of California’s System of Support for Local Educational Agencies and Schools.
Type of Action: Action, Information
Subject: California Assessment of Student Performance and Progress System and the English Language Proficiency Assessments for California: Update on the Initial English Language Proficiency Assessments for California Threshold Score Review Study, and Assessment Program Activities.
Type of Action: Information
Revised Item 04 (DOCX; Posted 05-Mar-2019)
Subject: Approval of the Career Technical Education Incentive Grant including the allocation formula, specific funding amounts and number of grant awards, purposes for which grant funds may be used, and allowable and non-allowable expenditures.
Type of Action: Action, Information
- Revised Item 04 Attachments 1 to 3 (DOCX; Posted 14-Mar-2019)
- Item 04 Attachments 1 to 3 (DOCX; Posted 05-Mar-2019)
- Item 04 Slides (PPTX; Posted 14-Mar-2019)
Subject: Approval of the California Computer Science Strategic Implementation Plan.
Type of Action: Action, Information
PUBLIC HEARING
The following Public Hearing will commence no earlier than 12:00 p.m. on Wednesday, March 13, 2019. The Public Hearing listed below will be held as close to 12:00 p.m. as the business of the State Board permits.
Subject: College Preparatory Middle School-La Mesa Spring Valley: Consider a Material Revision of the Charter to Change Admission Preferences.
Type of Action: Action, Information, Public Hearing
END OF PUBLIC HEARING
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.
FEDERAL PROGRAM WAIVER (CARL D. PERKINS VOC AND TECH ED ACT)
Subject: Request by three school districts 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).
Waiver Numbers:
- Black Oak Mine Unified School District Fed-2-2019
- Lakeport Unified School District Fed-1-2019
- Shandon Joint Unified School District Fed-14-2018
(Recommended for APPROVAL)
Subject: Request by the Mammoth Unified School District to waive California Education Code (EC) Section 17407.5, which requires that a “skilled and trained workforce” be used in connection with the district’s plan to modernize and construct new school facilities using the lease-leaseback construction delivery method.
Waiver Number: 11-12-2018
(Recommended for DENIAL)
PHYSICAL EDUCATION PROGRAM (Block Schedules)
Subject: Request by Vista Unified School District to waive portions of California Education Code Section 51222(a), related to the statutory minimum requirement of 400 minutes of physical education each 10 school days for students in grades nine through twelve in order to implement a block schedule at Mission Vista High School.
Waiver Number: 4-7-2018
(Recommended for APPROVAL WITH CONDITIONS)
PHYSICAL EDUCATION PROGRAM (Block Schedules)
Subject: Request by Washington Unified School District to waive portions of California Education Code Section 51222(a), related to the statutory minimum requirement of 400 minutes of physical education each ten school days for students in grades nine through twelve in order to implement a block schedule at River City High School.
Waiver Number: 5-8-2018
(Recommended for APPROVAL WITH CONDITIONS)
PHYSICAL FITNESS TESTING (Physical Fitness Testing)
Subject: Request by Vista Unified School District to waive portions of the California Education Code Section 60800(a), relating to Physical Fitness Testing, specifically the testing window of February 1 through May 31 to be moved to Physical Education classes in the fall semester.
Waiver Number: 5-7-2018
(Recommended for APPROVAL)
SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)
Subject: Request by Liberty Union High School District to waive California Education Code (EC) sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 10-12-2018
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified)
Subject: Request by five local educational agencies to waive one or more of the following California Education Code sections 15102, 15106, and 15268, related to bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for high school and elementary school districts or 2.50 percent for unified school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for high school and elementary school districts or $60 per $100,000 for unified districts, may also apply.
Waiver Numbers:
- Heber Elementary School District: 14-12-2018
- Luther Burbank School District: 9-12-2018
- Rio Elementary School District: 15-12-2018
- Robla Elementary School District: 13-12-2018
- Winters Joint Unified School District: 16-12-2018
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)
Subject: Request by San Ramon Valley 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: 5-1-2019
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)
Subject: Request by Lincoln Elementary School District to waive California Education Code Section 35780(a), which requires lapsation of a district with an average daily attendance of less than six in first through eighth grades.
Waiver Number: 3-12-2018
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Subject: Requests by two local educational agencies 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 Regina Lanteigne and Sarah Vinison-Lopez to continue to provide services to students until June 30, 2019, under a remediation plan to complete those minimum requirements.
Waiver Numbers:
- Corcoran Joint Unified School District 13-11-2018
- Manhattan Beach Unified School District 2-1-2019
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Subject: Requests by three 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 William Curd, Aaron McDaniel, and David O’ Campo to continue to provide services to students until June 30, 2019, under a remediation plan to complete those minimum requirements.
Waiver Numbers:
- San Luis Obispo County Office of Education 6-1-2019
- Santa Barbara County Office of Education 17-1-2019
- Sutter County Office of Education 11-11-2018
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by six 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:
- Butte County Office of Education 2-12-2018
- Fall River Joint Unified School District 8-12-2018
- Greenfield Union School District 9-11-2018
- Madera County Superintendent of Schools 1-12-2018
- National Elementary School District 14-11-2018
- San Pasqual Valley Unified School District 10-11-2018
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (One year notice to change SELPA)
Subject: Request by Hacienda La Puente Unified School District to waive California Education Code, Section 56195.3(b), regarding notification to the California Department of Education of its intent to elect an alternative special education local plan option at least one year before the proposed effective date of the implementation of the alternative plan.
Waiver Number: 9-1-2019
(Recommended for APPROVAL)
END OF WAIVERS
Subject: Approval of 2018-19 Consolidated Applications.
Type of Action: Action, Information
Subject: 2020 Ethnic Studies Model Curriculum: Appointment of Co-Chair of the Ethnic Studies Model Curriculum Advisory Committee.
Type of Action: Action, Information
Subject: 2020 Health Education Instructional Materials Adoption: Approval of the Schedule of Significant Events and Reviewer Application.
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: 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
Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.
Type of Action: Action, Information
Subject: Nutrition Guidelines for School Breakfast and Lunch—Approval of the Commencement of a 45-Day Public Comment Period for Proposed Amendments to the California Code of Regulations, Title 5 (5 CCR), Division 1, Chapter 15, Subchapter 1, Article 4, sections 15551, 15558, 15559, and 15560.
Type of Action: Action, Information
- Item 13 Attachment 1 (DOCX)
- Item 13 Attachment 2 (DOCX)
- Item 13 Attachment 3 (DOCX)
- Item 13 Attachment 4 (XLSX)
- Item 13 Attachment 5 (DOCX)
- Item 13 Attachment 6
Subject: Adoption of Standards for Comprehensive Reviews of School Districts.
Type of Action: Action, Information
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: 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
END OF DAY’S SESSION
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session Day 2
Thursday, March 14, 2019 – 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 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: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Update and Recommended Action Regarding Local Indicators; and Update on the Continuing Development Work; and Revisions under Consideration for the 2019 California School Dashboard.
Type of Action: Action, Information
PUBLIC HEARINGS
The following Public Hearings will commence no earlier than 10:00 a.m. on Thursday, March 14, 2019. The Public Hearings listed below will be held as close to 10:00 a.m. as the business of the State Board permits.
Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Magnolia Science Academy-Santa Ana, which was denied by the Santa Ana Unified School District.
Type of Action: Action, Information, Public Hearing
Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Thrive Public School, which was denied by the San Diego Unified School District.
Type of Action: Action, Information, Public Hearing
Item 20 Hearing postponed on March 5, 2019
Subject: Renewal Petition for the Establishment of a Charter School under the oversight of the State Board of Education: Consideration of Ridgecrest Charter School, which was denied by the Sierra Sands Unified School District.
Type of Action: Action, Information, Public Hearing
[Note: the preceding information about Item 20 contains strikethroughs which indicate the item has been postponed.]
END OF PUBLIC HEARINGS
Subject: Paradise Unified School District Request for a Waiver of Assessment Requirements Pursuant to the Every Student Succeeds Act.
Type of Action: 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. 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 March 8, 2019, the Friday prior to the meeting. If you do not meet the deadline, please provide 25 copies to distribute at the meeting.