SBE Agenda for July 2020
Agenda for the California State Board of Education (SBE) meeting on July 8-9, 2020.State Board Members
- Linda Darling-Hammond, President
- Ilene W. Straus, Vice President
- Sue Burr
- Cynthia Glover Woods
- James J. McQuillen
- Matt Navo
- Kim Pattillo Brownson
- Haydee Rodriguez
- Patricia A. Rucker
- Ting L. Sun
- Brenna Pangelinan, Student Member
Secretary & Executive Officer
- Hon. Tony Thurmond
Executive Director
- Karen Stapf Walters
Schedule of Meeting
Wednesday, July 8, 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
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, July 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
- 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
- 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
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 July 2020 SBE meeting will be held as an audio/video teleconference and will have a live webcast [https://www.cde.ca.gov/be/pn/lv/index.asp], 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, July 3, 2020. Comments should be submitted to the SBE mailbox at: sbe@cde.ca.gov. All public comments received by the deadline will be available from the SBE Office. Join the SBE electronic mailing list [https://www.cde.ca.gov/be/ms/cn/index.asp] 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
- Agenda item number or general public comment
Phone
Public comment may also be provided during the meeting by dialing the phone number, following a prompt to provide a participant access code, and then following the operator's additional prompts. After completing all of the prompts, callers will be added to a queue. 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 and access code is 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 [https://www.cde.ca.gov/be/pn/lv/index.asp] 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 and access code provided below:
- Phone number: 712-432-0075
- Access code: 651905#, Press *6 then 1 to enter into the queue.
- If the comments you would like to make are in Spanish for Items 19, 20, and 21, please use the same phone number and access code provided above and inform the phone operator that you need a Spanish-English translator so that your comments can be translated.
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session Day 1
Wednesday, July 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
- 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 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; State Superintendent of Public Instruction Report; State Board of Education's President's Report; and other matters of interest.
Type of Action: Action, Information
Subject: Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Update on the California School Dashboard, the Possible Student-Growth Models to Communicate Smarter Balanced Results, and the Release of the Five-Year Graduation Rate Detailed Report.
Type of Action: Action, Information
PUBLIC HEARINGS
The following Public Hearings will commence no earlier than 8:30 a.m. on Wednesday, July 8, 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: 2020 Arts Education Framework for California Public Schools, Transitional Kindergarten Through Grade Twelve: Public Hearing and Adoption.
Type of Action: Action, Information, Hearing
Subject: 2020 World Languages Framework for California Public Schools, Kindergarten Through Grade Twelve: Public Hearing and Adoption.
Type of Action: Action, Information, Hearing
END OF PUBLIC HEARINGS
Subject: The California Assessment of Student Performance and Progress System and the English Language Proficiency Assessments for California: Update on Program Activities.
Type of 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.
CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding)
Subject: Requests by four local educational agencies to waive portions of California Code of Regulations, Title 5 Section 11963.6, relating to the submission and action on determination of funding requests regarding nonclassroom-based instruction.
Waiver Numbers:
- Lindsay Unified School District 23-3-2020
- Vista Unified School District 7-4-2020
- Washington Unified School District 3-4-2020
- Western Unified School District 15-4-2020
(Recommended for APPROVAL)
COMMUNITY DAY SCHOOLS (CDS) (Minimum School Day)
Subject: Request by the Bass Lake Joint Union Elementary School District for a renewal waiver of portions of California Education Code Section 48663(a) relating to community day school minimum instructional minutes for Fresno Flats Community Day School.
Waiver Number: 6-4-2020
(Recommended for APPROVAL WITH CONDITIONS)
Subject: Request by La Mesa-Spring Valley Elementary School District to waive California Education Code Section 37202, the equity length of time requirement, so that the La Mesa Arts Academy in the La Mesa-Spring Valley School District may offer its seventh and eighth graders an optional period to be used as an extra elective as well as time to provide additional academic support.
Waiver Number: 12-3-2020
(Recommended for APPROVAL)
FEDERAL PROGRAM WAIVER (Carl D. Perkins Voc and Tech Ed Act)
Subject: Request by six school districts for a waiver of Section 131(c)(1) of the Strengthening Career and Technical Education for the 21st Century Act (Public Law 115-224)
Waiver Numbers:
- Big Valley Joint Unified School District Fed-4-2020
- Hamilton Unified School District Fed-3-2020
- Los Angeles Unified School District (CHAMPS Charter) Fed-5-2020
- Princeton Joint Unified School District Fed-6-2020
- Trinity Alps Unified School District Fed-1-2020
- Upper Lake Unified School District Fed-2-2020
(Recommended for APPROVAL)
SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)
Subject: Request by two local educational agencies to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Numbers:
- Oak Grove Elementary School District: 9-4-2020
- Oak Grove Elementary School District: 11-4-2020
- Ravenswood City Elementary School District: 12-4-2020
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness)
Subject: Request by the Centinela Valley Union High School District to waive California Education Code sections 15102 and 15268 to allow the district to exceed its bonded indebtedness limit. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for high school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for high school districts may also apply.
Waiver Number: 8-4-2020
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness)
Subject: Request by two local educational agencies to waive California Education Code sections 15102, 15106, 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:
- Natomas Unified School District: 3-5-2020
- San Ysidro Elementary School District: 1-5-2020
(Recommended for APPROVAL WITH CONDITIONS)
SALE OR LEASE OF SURPLUS PROPERY
Subject: Request by the South Pasadena Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 1-6-2020
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (Election of Governing Board)
Subject: Request by Pond Union Elementary School District to waive California Education Code Section 5020 that requires a districtwide election to reduce the number of governing board members from five to three.
Waiver Number: 10-4-2020
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Algebra I Requirement for Graduation)
Subject: Request by two local education agencies to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2019–20 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 Numbers:
- 4-5-2020 Cabrillo Unified School District
- 1-2-2020 Pleasanton Unified School District
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)
Subject: Request by two local educational agencies 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:
- Butte County Office of Education 22-3-2020
- Rescue Union Elementary School District 2-4-2020
(Recommended for APPROVAL WITH CONDITIONS)
- Item W-11 Attachment 4 (PDF)
- Item W-11 Attachment 5 (PDF)
- Item W-11 Attachment 6 (PDF)
- Item W-11 Attachment 7 (PDF)
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Subject: Requests by Santa Barbara 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 Christina Corley-Cradduck and Crystal Snow to continue to provide services to students until June 30, 2021, under a remediation plan to complete those minimum requirements.
Waiver Numbers:
- Santa Barbara County Office of Education 9-3-2020
- Santa Barbara County Office of Education 10-3-2020
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness)
Subject: Request by the Hayward Unified School District to waive California Education Code sections 15106 and 15270(a) to allow the district to exceed its bonded indebtedness limit. Total bonded indebtedness may not exceed 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 $60 per $100,000 of assessed value for unified school districts may also apply.
Waiver Number: 25-1-2020
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION
Subject: Request by Fallbrook Union High 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: 5-6-2020
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Requests by eleven 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:
- Alpine Union Elementary School District 21-3-2020
- Coachella Valley Unified School District 24-2-2020
- Gridley Unified School District 5-3-2020
- Imperial County Office of Education 13-3-2020
- Imperial Unified School District 19-3-2020
- North Monterey County Unified School District 6-3-2020
- Paramount Unified School District 11-3-2020
- Santa Maria-Bonita School District 16-3-2020
- Shasta County Office of Education 14-4-2020
- Sweetwater Unified School District 14-2-2020
- Tuolumne County Superintendent of Schools 21-2-2020
(Recommended for APPROVAL WITH CONDITIONS)
END OF WAIVERS
Subject: School Accountability Report Card: Approval of the Template for the 2019–2020 School Accountability Report Card.
Type of Action: Action, Information
Item 07 was withdrawn by the SBE on July 7, 2020.
Item 07
Subject: Approval of Local Educational Agency Plans as Required by the Every Student Succeeds Act through the Completion of the Local Control and Accountability Plan Federal Addendum.
Type of Action: Action, Information
[Note: The preceding information about Item 07 contains strikethroughs which indicate the item has been withdrawn.]
Subject: 2021 California Arts Education Instructional Materials Adoption: Approval of the Schedule of Significant Events, Reviewer Application, Adoption Notice, Criteria Map, and Standards Maps.
Type of Action: Action, Information
Subject: 2021 World Languages Instructional Materials Adoption: Approval of the Schedule of Significant Events, Reviewer Application, Adoption Notice, Criteria Map, and Standards Maps
Type of Action: Action, Information
Subject: Approval of 2019–20 Consolidated Applications.
Type of Action: Action, Information
Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.
Type of Action: Action, Information
- Item 11 Attachment 1 (XLSX)
- Revised Item 11 Attachment 1 (XLSX; Posted 29-Jun-2020)
Note: the charter term for Agnes J Johnson has been updated from 7/1/2020 to 6/30/2025 to 7/1/2019 to 6/30/2024.
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
- Item 12 Attachment 1 (XLSX)
- Revised Item 12 Attachment 1 (XLSX; Posted 29-Jun-2020)
Note: Cabrillo Point Academy, Charter #1748 – WITHDRAWN BY CDE June 28, 2020.
Subject: Consideration of Requests for Determination of Funding with "Reasonable Basis"/Mitigating Circumstances 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 Retroactive 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 Retroactive Requests for Determination of Funding with "Reasonable Basis"/Mitigating Circumstances 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 HEARINGS
The following Public Hearings will commence no earlier than 1:30 p.m. on Wednesday, July 8, 2020. The Public Hearings listed below will be held as close to 1:30 p.m. as the business of the State Board permits.
Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Pinecrest Expedition Academy, which was denied by the Twain Harte School District and Tuolumne County Superintendent of Schools.
Type of Action: Action, Information, Hearing
Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Eagle Collegiate Academy, which was denied by the Acton-Agua Dulce Unified School District and Los Angeles County Board of Education.
Type of Action: Action, Information, Hearing
END OF PUBLIC HEARINGS
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, July 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
- 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.
PUBLIC HEARINGS
The following Public Hearings will commence no earlier than 8:30 a.m. on Thursday, July 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: Petition for the Establishment of a Charter School under the Oversight of the State Board of Education: Consideration of T.I.M.E Community School, which was denied by the Montebello Unified School District and Los Angeles County Office of Education.
Type of Action: Action, Information, Hearing
Subject: Petition for the Renewal of a Charter School Under the Oversight of the State Board of Education: Consideration of John Henry High, which was denied by the West Contra Costa Unified School District and not acted on by the Contra Costa County Office of Education.
Type of Action: Action, Information, Hearing
Subject: Petition for the Renewal of a Charter School Under the Oversight of the State Board of Education: Consideration of Today’s Fresh Start Charter School Inglewood, which was denied by the Inglewood Unified School District and Los Angeles County Board of Education.
Type of Action: Action, Information, Hearing
END OF PUBLIC HEARINGS
Item 22 (DOCX; Posted 3-Jul-2020)
Subject: Request to Ratify the California Department of Education Grant Application to the U.S. Department of Education Education Stabilization Fund: Rethink K-12 Education Models Grant.
Type of Action: Action, Information
ADDITIONAL WAIVER
Item W-16 (DOCX; Posted 6-Jul-2020)
Subject: Request by Fallbrook Union Elementary 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: 1-7-2020
(Recommended for APPROVAL)
END OF WAIVER
ADJOURNMENT OF MEETING
This agenda is posted on the State Board of Education's Web site [http://www.cde.ca.gov/be/ag/index.asp]. 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 at the meeting are detailed under SBE Meeting Logistics.