Skip to main content
California Department of Education Logo

SBE Agenda for May 2019

Agenda for the California State Board of Education (SBE) meeting on May 8-9, 2019.

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
  • Gema Q. Cardenas, Student Member

Secretary & Executive Officer

  • Hon. Tony Thurmond

Executive Director

  • Karen Stapf Walters

Schedule of Meeting

Wednesday, May 8, 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, May 9, 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

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:

  • 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.
  • 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, May 8, 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 Assessment of Student Performance and Progress System and the English Language Proficiency Assessments for California: Approval of the Proposed High-Level Test Design for the Transition to Computer-Based Initial and Summative English Language Proficiency Assessments for California, the High-Level Test Design for the Alternate English Language Proficiency Assessments for California, and the Proposed Revisions to the Computer-Based Summative English Language Proficiency Assessments for California Blueprints; and an Update on Assessment Program Activities.

Type of Action: Action, Information


Item 02 (DOCX)

Subject: Approval of the California State Transition Plan 2019–20 for the Strengthening Career and Technical Education for the 21st Century Act, and Request to Extend Waiver of Section 132 Funds Distribution Formula.

Type of Action: Action, Information


Item 03 (DOCX)

Subject: Approval of the California Computer Science Strategic Implementation Plan.

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.

CLASS SIZE PENALTIES (Over Limit on Grades 4-8)

Item W-01 (DOCX)

Subject: Request by Eureka Union School District to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. The statutory maximum class size for grades four through eight is 30.8 to one. The District is requesting a maximum class size of 35 to one.

Waiver Number: 29-2-2019

(Recommended for APPROVAL WITH CONDITIONS)


INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Below 1982-83 Base Minimum Minutes)

Item W-02 (DOCX)

Subject: Request by Golden Valley Unified School District under the authority of the California Education Code (EC) Section 46206(a), to waive EC Section 46201, the audit penalty for offering insufficient instructional minutes during the 2017–18 school year.

Waiver Number: 11-2-2019

(Recommended for APPROVAL WITH CONDITIONS)


PHYSICAL EDUCATION PROGRAM (Block Schedules)

Item W-03 (DOCX)

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)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified)

Item W-04 (DOCX)

Subject: Request by three local educational agencies to waive one or more of the following California Education Code (EC) sections 15102, 15106, 15268, or 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 high school districts and 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 districts and $60 per $100,000 for unified school districts may also apply.

Waiver Numbers:

  • Natomas Unified School District 19-1-2019
  • Perris Union High School District 25-2-2019
  • Sanger Unified School District 23-2-2019

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL DISTRICT REORGANIZATION (60 day Requirement to Fill Board Vacancy)

Item W-05 (DOCX)

Subject: Request by Santa Clara County Office of Education to waive portions of California Education Code Section 5091, which will allow the board of trustees of the Mount Pleasant Elementary School District to make a provisional appointment to a vacant board position past the 60-day statutory deadline.

Waiver Number: 3-3-2019

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-06 (DOCX)

Subject: Request by four 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:

  • Bonsall Unified School District 22-2-2019
  • New Jerusalem Elementary School District 12-12-2018
  • Simi Valley Unified School District 14-1-2019
  • Washington Unified School District 10-1-2019

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)

Item W-07 (DOCX)

Subject: Request by Forks of Salmon 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: 30-2-2019

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)

Item W-08 (DOCX)

Subject: Request by Maple Creek 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: 10-2-2019

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOLSITE COUNCIL STATUTE (Shared Schoolsite Council)

Item W-09 (DOCX)

Subject: Request by Gold Oak Union Elementary 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: 2-2-2019

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Child Specific/ NPA or NPS Certification)

Item W-10 (DOCX)

Subject: Request by Dublin Unified School District to waive California Education Code Section 56366.1(a), the requirement for state certification to allow the uncertified out-of-state nonpublic school located in Ogden, Utah to provide services to one student with disabilities.

Waiver Number: 5-2-2019

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-11 (DOCX)

Subject: Request by 12 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 1-1-2019
  • Covina-Valley Unified School District 13-1-2019
  • Fallbrook Union Elementary School District 4-2-2019
  • Fremont Union High School District 15-1-2019
  • Hesperia Unified School District 6-2-2019
  • Milbrae Elementary School District 18-1-2019
  • Monterey County Office of Education 24-2-2019
  • Paradise Unified School District 26-2-2019
  • San Diego County Office of Education 3-1-2019
  • San Ysidro Elementary School District 31-2-2019
  • South Whittier Elementary School District 19-2-2019
  • Travis Unified School District 15-2-2019

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (One year notice to change SELPA)

Item W-12 (DOCX)

Subject: Request by two local educational agencies to waive California Education Code Section 56195.1 (a) regarding size and scope requirements of a special education local plan area.

Waiver Numbers:

  • Hacienda La Puente Unified School District 3-2-2019
  • Rowland Unified School District 16-2-2019

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-13 (DOCX)

Subject: Request by Tehama County Department of Education 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 Number: 8-1-2019

(Recommended for APPROVAL WITH CONDITIONS)


STATE MEAL MANDATE (Summer School Session)

Item W-14 (DOCX)

Subject: Requests by two school districts under the authority of California Education Code (EC) Section 49548 to waive EC Section 49550, the State Meal Mandate, during the summer school session.

Waiver Numbers:

  • Eastern Sierra Unified School District 28-2-2019
  • Wiseburn Unified School District 13-2-2019

(Recommended for APPROVAL WITH CONDITIONS)


Item W-15 was withdrawn by the California Department of Education on April 26, 2019.

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

Item W-15

Subject: Request by the Klamath-Trinity Joint Unified School District to waive California Education Code (EC) sections 15106 and 15270(a) to allow the district to exceed its bonded indebtedness limit. Total bonded indebtedness may not exceed 2.50 percent for unified school districts. Depending on the type of bond, a tax rate levy limit of $60 per $100,000 for unified school districts may also apply.

Waiver Number: 9-2-2019

(Recommended for APPROVAL WITH CONDITIONS)

[Note: the preceding information about Item W-15 contains strikethroughs which indicate the item has been withdrawn.]

END OF WAIVERS


PUBLIC HEARING

The following Public Hearing will commence no earlier than 10:30 a.m. on Wednesday, May 8, 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 04 (DOCX)

Subject: Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve: Public Hearing and Adoption.

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 2

Thursday, May 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 2

PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items on Thursday.

Item 05 (DOCX)

Subject: California Assessment of Student Performance and Progress: Approve Commencement of a 15-day Public Comment Period for Proposed Amendments to the California Code of Regulations, Title 5, Sections 850, 851, 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 06 (DOCX)

Subject: California Assessment of Student Performance and Progress: Readoption of the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 850, 851, 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 07 (DOCX)

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 08 (DOCX)

Subject: Consideration of Request 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


Item 09 (DOCX)

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

Type of Action: Action, Information


Item 10 (DOCX)

Subject: Reconsideration of Request for Determination of Funding as Required for a Nonclassroom-based Charter School Pursuant to California Education Code sections 47612.5 and 47634.2; California Code of Regulations, Title 5 Section 11963.6(g); and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 11 (DOCX)

Subject: Approval of 2018–19 Consolidated Applications.

Type of Action: Action, Information


Item 12 (DOCX)

Subject: 2020 Health Education Instructional Materials Adoption: Approval of Evaluation Criteria and Standards Maps.

Type of Action: Action, Information


Item 13 (DOCX)

Subject: Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve, 2021 Revision: Approval of the Timeline and Curriculum Framework and Evaluation Criteria Committee Application Form.

Type of Action: Action, Information


Item 14 (DOCX)

Subject: Approval of Specific Proposed Career Technical Education Incentive Grant Awards Including a Proposed Increase of $816,288 to the Large C Category for the Fiscal Year 2018–19.

Type of Action: Action, Information


PUBLIC HEARINGS

The following Public Hearings will commence no earlier than 8:30 a.m. on Thursday, May 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 15 (DOCX)

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 considered for denial by the Los Angeles County Board of Education.

Type of Action: Action, Information, Public Hearing


Item 16 (DOCX)

Subject: Renewal Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Los Angeles International Charter High School, which was denied by the Los Angeles County Board of Education.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARINGS


Item 17 (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 18 (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 May 3, 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: Wednesday, May 8, 2019
Related Content
  • SBE Current & Past Agendas
    Monthly agendas for the State Board of Education (SBE).
  • SBE Information Memoranda
    Includes background information, updates on issues of interest to the California State Board of Education Members, and reports on a variety of educational topics.
  • SBE Live Webcast
    The live webcast is from the California Department of Education at 1430 N Street in Sacramento.
  • SBE Meeting for May 2019
    Agenda and other related materials for the California State Board of Education (SBE) meeting on May 8-9, 2019.
Recently Posted in Meeting Agendas & Schedule
  • SBE Meeting Webcasts (updated 16-Jul-2019)
    Meeting recordings and agendas of the California State Board of Education.
  • SBE Meeting for July 2019 (added 28-Jun-2019)
    Agenda and other related materials for the California State Board of Education (SBE) meeting on July 10, 2019.
  • CCEE Meeting Webcasts (updated 10-Jun-2019)
    Live and recent hosted webcasts of the California Collaborative for Educational Excellence (CCEE) meetings.