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SBE Agenda for January 2019

Agenda for the California State Board of Education (SBE) meeting on January 9-10, 2019.

State Board Members

  • Michael W. Kirst, President
  • Ilene W. Straus, Vice President
  • Sue Burr
  • Bruce Holaday
  • Feliza I. Ortiz-Licon
  • Patricia A. Rucker
  • Niki Sandoval
  • Ting L. Sun
  • Karen Valdes
  • Trish Williams
  • Gema Q. Cardenas, Student Member

Secretary & Executive Officer

  • Hon. Tony Thurmond

Executive Director

  • Karen Stapf Walters
Schedule of Meeting Location

Wednesday, January 9, 2019
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
Public Session.  Public Session, adjourn to Closed Session – IF NECESSARY.

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 Location

Thursday, January 10, 2019
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
The Closed Session will take place at approximately 8:30a.m. (The Public may not attend.)

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
  • D.J. et al. v. State of California, California Department of Education, Tom Torlakson, the State Board of Education, Los Angeles Superior Court, Case No. BS142775,CA Ct. of Appeal, 2nd Dist., Case No. B260075 and related complaint from the U.S. Department of Justice
  • 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
  • Reed v. State of California, Los Angeles Unified School District, State Superintendent of Public Instruction, Jack O’Connell, California Department of Education, and State Board of Education, et al., Los Angeles County Superior Court, Case No. BC432420, CA Ct. of Appeal, 2nd Dist., Case No. B230817, CA Supreme Ct., Case No. 5191256

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, January 9, 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.

Item 01 (DOCX)

Subject: California Arts Standards for Public Schools, Prekindergarten Through Grade Twelve: Adoption.

Type of Action: Action, Information


Item 02 (DOCX)

Subject: World Languages Standards for California Public Schools, Kindergarten Through Grade Twelve: Adoption.

Type of Action: Action, Information


Item 03 (DOCX)

Subject: Adoption of Proposed Revisions to the Local Control and Accountability Plan and Annual Update Template, pursuant to California Education Code sections 52064(g) and 52064(j).

Type of Action: Action, Information


PUBLIC HEARINGS

The following Public Hearings will commence no earlier than 8:30 a.m. on Wednesday, January 9, 2019. The Public Hearings listed below will be held as close to 8:30 a.m. as the business of the State Board permits.

Item 04 (DOCX; 2MB)

Subject: Appeal from an Action of the Santa Clara County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the Union School District and the Campbell Union High School District to the Los Gatos Union School District and the Los Gatos-Saratoga Joint Union High School District.

Type of Action: Action, Information, Public Hearing


Item 05 (DOCX; 2MB)

Subject: Appeal from an Action of the Santa Clara County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the Campbell Union School District and the Campbell Union High School District to the Saratoga Union School District and the Los Gatos-Saratoga Joint Union High School District.

Type of Action: Action, Information, Public Hearing


Item 06 (DOCX; 2MB)

Subject: Appeal from an Action of the Santa Clara County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the Moreland School District and the Campbell Union High School District to the Cupertino Union School District and the Fremont Union High School District.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARINGS


Item 07 (DOCX)

Subject: 2019 United States Senate Youth Program Presentation.

Type of Action: Action, Information


Item 08 (DOCX)

Subject: California Assessment of Student Performance and Progress System and the English Language Proficiency Assessments for California: Approval of the 2019 Local Educational Agency Apportionment Rates for the California Assessment of Student Performance and Progress and Update on Program Activities.

Type of Action: Action, Information


Item 09 (DOCX; 1MB)

Subject: Approval of the recommended English Language Proficiency Assessments for California Criterion for Reclassification.

Type of Action: Action, Information


PUBLIC HEARING

The following Public Hearing will commence no earlier than 10:30 a.m. on Wednesday, January 9, 2019. The Public Hearing listed below will be held as close to 10:30 a.m. as the business of the State Board permits.

Item 10 (DOCX)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Watsonville Prep School, which was denied by the Pajaro Valley Unified School District and the Santa Cruz County Office of Education.

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 what is recommended by CDE staff may be taken.

CHARTER SCHOOL PROGRAM (NONCLASSROOM-BASED FUNDING)

Item W-01 (DOCX)

Subject: Request by Camino Union Elementary School District to waive portions of California Code of Regulations, Title 5, Section 11963.6(c), relating to the submission and action on determination of funding requests regarding nonclassroom-based instruction.

Waiver Number: 8-10-2018

(Recommended for APPROVAL)


COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities and Commingle Grade Levels)

Item W-02 (DOCX)

Subject: Request by Stockton Unified School District for a waiver of California Education Code Section 48916.1(d), and portions of California Education Code Section 48660 to permit a community day school to serve students in kindergarten and grades one through eight, inclusive, and to waive portions of California Education Code Section 48661(a) to permit collocation of Marshall K–8 Community Day School on the same site as John Marshall Elementary School.

Waiver Number: 2-11-2018

(Recommended for APPROVAL WITH CONDITIONS)


COMMUNITY DAY SCHOOLS (CDS) (Minimum School Day)

Item W-03 (DOCX)

Subject: Request by Madera Unified School District for a renewal waiver of portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.

Waiver Number: 18-9-2018

(Recommended for APPROVAL WITH CONDITIONS)


FEDERAL PROGRAM WAIVER (Carl D. Perkins Voc and Tech Ed Act)

Item W-04 (DOCX)

Subject: Request by two 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:

  • Durham Unified School District Fed-13-2018
  • El Tejon Unified School District Fed-12-2018

(Recommended for APPROVAL)


INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Fallen Below 180 Days)

Item W-05 (DOCX)

Subject: Request by Cutler-Orosi Joint Unified School District under the authority of the California Education Code Section 46206(a), to waive Education Code Section 46200, the audit penalty for offering insufficient instructional days during the 2017–18 school year.

Waiver Number: 15-10-2018

(Recommended for APPROVAL WITH CONDITIONS)


SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)

Item W-06 (DOCX)

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:

  • Corona-Norco Unified School District 4-10-2018
  • Palm Springs Unified School District 23-10-2018
  • Palm Springs Unified School District 24-10-2018

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Unified S.D.)

Item W-07 (DOCX)

Subject: Request by the Paramount Unified School District to waive California Education Code (EC) Section 15270(a) to allow the district to exceed its bonded indebtedness limit. Total bonded indebtedness may not exceed 2.5 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: 5-11-2018

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Citizens Oversight Comittee - Term Limits)

Item W-08 (DOCX)

Subject: Request by the Saddleback Valley Unified School District to waive California Education Code (EC) Section 15282(a), relating to term limits for a member of its Citizens’ Oversight Committee for all construction bonds in the district.

Waiver Number: 3-11-2018

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-09 (DOCX)

Subject: Request by Vacaville 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: 16-10-2018

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)

Item W-10 (DOCX)

Subject: Request by Feather Falls Union Elementary School District to waive portions of California Education Code Section 35780(a), which will allow that district to lapse.

Waiver Number: 11-10-2018

(Recommended for APPROVAL)


SCHOOLSITE COUNCIL STATUTE (Shared Schoolsite Council)

Item W-11 (DOCX)

Subject: Request by Pixley Union Elementary School District under the authority of California Education Code Section 52863 for waivers of Education Code Section 52852, relating to schoolsite councils regarding changes in shared, composition, or shared and composition members.

Waiver Number: 14-9-2018

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))

Item W-12 (DOCX)

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:

  • Chula Vista Elementary School District 1-10-2018
  • Hemet Unified School District 19-9-2018
  • Red Bluff Union Elementary School District 9-10-2018
  • San Marcos Unified School District 18-10-2018
  • South Bay Union School District 17-10-2018
  • Tulare County Office of Education 13-10-2018

(Recommended for APPROVAL WITH CONDITIONS)


STATE TESTING APPORTIONMENT REPORT (CAASPP)

Item W-13 (DOCX)

Subject: Request by Simi Valley Unified School District to waive the State Testing Apportionment Information Report deadline as stipulated in the California Code of Regulations, Title 5 (5 CCR), Section 11517.5(b)(1)(A), regarding the California English Language Development Test, or Title 5, Section 862(b)(2)(A), regarding the California Assessment of Student Performance and Progress System, or Title 5, Section 1225(b)(2)(A), regarding the California High School Exit Examination.

Waiver Number: 15-9-2018

(Recommended for APPROVAL)

END OF WAIVERS


Item 11 (DOCX)

Subject: 2020 Ethnic Studies Model Curriculum: Appointment of Members of the Ethnic Studies Model Curriculum Advisory Committee.

Type of Action: Action, Information


Item 12 (DOCX)

Subject: 2020 World Languages 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


Item 13 (DOCX)

Subject: 2020 California Arts Framework for 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


Item 14 (DOCX)

Subject: Revisions to the California School Accounting Manual (CSAM)

Type of Action: Action, Information


Item 15 (DOCX)

Subject: California Assessment of Student Performance and Progress: Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 850, 854.1, 854.2, 854.3, 854.4, 859, 862, and 863 related to Student Accessibility, Electronic Student Score Reporting and Record Keeping, and Apportionments.

Type of Action: Action, Information


Item 16 (DOCX)

Subject: California Assessment of Student Performance and Progress: Approve Commencement of Rulemaking for Amendments to the California Code of Regulations, Title 5, Sections 850, 854.1, 854.2, 854.3, 854.4, 859, 862, and 863 Related to Student Accessibility, Electronic Student Score Reporting and Record Keeping, and Apportionments.

Type of Action: Action, Information


Item 17 (DOCX)

Subject: Approval of 2018–19 Consolidated Applications.

Type of Action: Action, Information


Item 18 (DOCX)

Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.

Type of Action: Action, Information


Item 19 (DOCX)

Subject: Vision Testing: Approval of the Commencement of a 45-Day Public Comment Period for Proposed Amendments to the California Code of Regulations, Title 5 sections 590, 591, 594 and 596, and Adoption of Proposed Section 597.

Type of Action: Action, Information


Item 20 (DOCX)

Subject: Appointment of Lupita Cortez Alcalá to Chief Deputy Superintendent of Public Instruction in accordance with Article IX, Section 2.1, of the Constitution of the State of California.

Type of Action: Action, Information

END OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 2

Thursday, January 10, 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. For items 22 and 24 only, a group of five speakers may sign up together and designate one speaker who will be allocated a total of three minutes for the group.

Item 21 (DOCX)

Subject: State Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 covering program year 2017–18.

Type of Action: Action, Information


Item 22 (DOCX)

Subject: Update on the Development of California’s System of Support for Local Educational Agencies and Schools.

Type of Action: Action, Information


Item 23 (DOCX)

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


Item 24 (DOCX)

Subject: California’s Accountability and Continuous Improvement System. Update on the Implementation of the California State Plan for the Every Student Succeeds Act.

Type of Action: Action, Information


Item 25 (DOCX)

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 4, 2019, the Friday prior to the meeting. If you do not meet the deadline, please provide 25 copies to distribute at the meeting.

Questions: State Board of Education | sbe@cde.ca.gov | 916-319-0827 
Last Reviewed: Friday, January 11, 2019
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