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SBE Agenda for July 2019

Agenda for the California State Board of Education (SBE) meeting on July 10, 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, July 10, 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

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

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
  • 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
  • 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
  • Thrive Public Schools v. California State Board of Education, San Diego County Superior Court, Case No. 37-2019-00019830-CU-WM-CTL

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

Wednesday, July 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

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: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Recommended Action Regarding Implementation of a Combined Four- and Five-Year Graduation Rate for the Graduation Rate Indicator and the Application of the Three-by-Five Color Table to the College/Career Indicator, and an Update on the Federal Waiver and Identification of Schools Related to the English Learner Progress Indicator.

Type of Action: Action, Information


Item 02 (DOCX)

Subject: The California Assessment of Student Performance and Progress System and the English Language Proficiency Assessments for California: Update on Assessment Program Activities.

Type of Action: Information


Item 03 (DOCX)

Subject: English Language Proficiency Assessments for California: Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Sections 11518, 11518.5, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.37, 11518.40, 11518.45, 11518.50, 11518.75, and 11518.77.

Type of Action: Action, Information


Item 04 (DOCX)

Subject: State Seal of Civic Engagement Recommended Criteria: Initial Review and Feedback.

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 1-3)

Item W-01 (DOCX)

Subject: Request by Mountain View Elementary School District under the authority of California Education Code (EC) Section 41382, to waive portions of the EC Section 41376(a), (c), and (d) relating to class size penalties for grades one through three. Allowable class size average is 30 to one with no class larger than 32 for grades one to three. The district wishes to increase its individual class size average to 33 with the overall average class size of 30 to one.

Waiver Number: 6-4-2019

(Recommended for APPROVAL WITH CONDITIONS)


CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding)

Item W-02 (DOCX)

Subject: Request by El Dorado County Office of Education 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: 3-4-2019

(Recommended for APPROVAL)


COMMUNITY DAY SCHOOL (Commingle Grade Levels)

Item W-03 (DOCX)

Subject: Request by Santa Ana 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 grade six with students in grades seven through twelve, but no grade lower than grade six.

Waiver Number: 6-3-2019

(Recommended for APPROVAL WITH CONDITIONS)


COMMUNITY DAY SCHOOLS (Minimum School Day)

Item W-04 (DOCX)

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

Waiver Number: 31-4-2019

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-05 (DOCX)

Subject: Request by six 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:

  • Julian Union High School District Fed-3-2019
  • Los Molinos Unified School District Fed-8-2019
  • Modoc Joint Unified School District Fed-7-2019
  • San Lorenzo Valley Unified School District Fed-4-2019
  • Southern Humboldt Joint Unified School District Fed-6-2019
  • Summerville Union High School District Fed-5-2019

(Recommended for APPROVAL)


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

Item W-06 (DOCX)

Subject: Request by Standard Elementary 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: 8-4-2019

(Recommended for APPROVAL WITH CONDITIONS)


OTHER WAIVERS (Employment - Retirement System)

Item W-07 (DOCX)

Subject: Request by Northern Humboldt Union High School District to waive California Education Code Section 45134(c), to allow the employment of a State Teachers’ Retirement System retiree as a classified school bus driver.

Waiver Number: 4-4-2019

(Recommended for APPROVAL)


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

Item W-08 (DOCX)

Subject: Request by the Cypress Elementary School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Number: 18-3-2019

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit)

Item W-09 (DOCX)

Subject: Request by three local educational agencies to waive California Education Code (EC) sections 15106 and 15270(a) to allow the districts to exceed their bonded indebtedness limits. 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 Numbers:

  • Calexico Unified School District 33-4-2019
  • Parlier Unified School District 15-4-2019
  • Round Valley Unified School District 32-4-2019

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit)

Item W-10 (DOCX)

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)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-11 (DOCX)

Subject: Request by two 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:

  • Conejo Valley Unified School District 8-3-2019
  • Santa Cruz City Elementary/High School District 17-3-2019

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-12 (DOCX)

Subject: Request by Whitmore 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: 22-3-2019

(Recommended for APPROVAL)


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

Item W-13 (DOCX)

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

Waiver Number: 20-3-2019

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)

Item W-14 (DOCX)

Subject: Requests by two 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 Chelsea Burch, Kyle Espinoza, Courtney Fair, and Danika Estes to continue to provide services to students until June 30, 2020, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • Santa Barbara County Office of Education 7-3-2019
  • Shasta County Office of Education 12-3-2019
  • Shasta County Office of Education 14-3-2019
  • Shasta County Office of Education 15-3-2019

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-15 (DOCX)

Subject: Request by 14 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 5-4-2019
  • Amador County Office of Education 10-4-2019
  • El Centro Elementary School District 2-3-2019
  • Gateway Unified School District 12-4-2019
  • Hanford Elementary School District 1-3-2019
  • Imperial County Office of Education 4-3-2019
  • Imperial Unified School District 16-3-2019
  • Keyes Union School District 17-4-2019
  • Lake County Office of Education 13-4-2019
  • Manteca Unified School District 5-3-2019
  • Mariposa County Office of Education 1-4-2019
  • San Bernardino County Office of Education 10-3-2019
  • Shasta County Office of Education 19-3-2019
  • Westmorland Union Elementary School District 11-4-2019

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (One year notice to change SELPA)

Item W-16 (DOCX)

Subject: Request by the Natomas Unified School District to waive California Education Code Section 56195.1 (a) regarding size and scope requirements of a special education local plan area.

Waiver Number: 12-1-2019

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-17 (DOCX)

Subject: Request by Simi Valley Unified School District to waive Education Code Section 56362(c), allowing the caseload of resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Number: 2-4-2019

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-18 (DOCX)

Subject: Requests by Manteca Unified School District 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:

  • 19-4-2019
  • 20-4-2019
  • 21-4-2019
  • 22-4-2019
  • 23-4-2019
  • 24-4-2019
  • 25-4-2019
  • 26-4-2019
  • 27-4-2019
  • 28-4-2019
  • 29-4-2019
  • 30-4-2019

(Recommended for DENIAL)


SPECIAL EDUCATION PROGRAM (Algebra 1 Graduation Requirement)

Item W-19 (DOCX)

Subject: Request by Manhattan Beach Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2018-19 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 Number: 4-5-2019

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 05 (DOCX)

Subject: High School Equivalency Tests: Reconsideration of Authorized Test Vendors.

Type of Action: Action, Information


Item 06 (DOCX)

Subject: School Accountability Report Card: Approve the Template for the 2018–19 School Accountability Report Card.

Type of Action: Action, Information


Item 07 (DOCX)

Subject: English Language Proficiency Assessments for California: Approval of Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 11518, 11518.5, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.37, 11518.40, 11518.45, 11518.50, 11518.75, and 11518.77.

Type of Action: Action, Information


Item 08 (DOCX)

Subject: Consideration of 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


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: Comprehensive Literacy State Development Program Grant Application.

Type of Action: Action, Information


Item 11 (DOCX)

Subject: Approval of 2018–19 Consolidated Applications.

Type of Action: Action, Information


Item 12 (DOCX)

Subject: Request by Compton Unified School District regarding Education Code sections 17515 through 17526, Joint Public/Private Occupancy Proposal, allowing the Compton Unified School District and Prologis, L.P. to enter into leases and agreements relating to real property and buildings to be used jointly.

Type of Action: Action, Information


Item 13 (DOCX)

Subject: Appointment of Stephanie Gregson and Sarah Neville-Morgan to positions in accordance with Article IX, Section 2.1 of the Constitution of the State of California and the Provisions of the State Board of Education Policy Number 2: Policy for the Appointment of Constitutional Officers.

Type of Action: Action, Information


Item 14 (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 15 (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 July 3, 2019, the Wednesday 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, July 10, 2019
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