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SBE Agenda for September 2019

Agenda for the California State Board of Education (SBE) meeting on September 11, 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
  • Brenna Pangelinan, Student Member

Secretary & Executive Officer

  • Hon. Tony Thurmond

Executive Director

  • Karen Stapf Walters

Schedule of Meeting

Wednesday, September 11, 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, September 11, 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.

Item 01 (DOCX)

Subject: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Action to Incorporate the California Alternate Assessment into the Academic Indicator; Implement a Modified Method for Calculating the Academic Indicator for Schools with Dashboard Alternative School Status; Revise the Cut Scores for the Graduation Rate Indicator; English Learner Progress Indicator Status Methodology Considerations, and Use of Status in Local Educational Agency and School Eligibility Assistance Determinations.

Type of Action: Action, Information


Item 02 (DOCX)

Subject: Local Control and Accountability Plan Template – Revision Prototype, consistent with California Education Code Section 52064.

Type of Action: Action, Information


Item 03 (DOCX)

Subject: The California Assessment of Student Performance and Progress System and English Language Proficiency Assessments for California: Approval of the 2019–20 California Assessment of Student Performance and Progress System and Summative Computer-Based English Language Proficiency Assessments for California Student Score Reports, California Spanish Assessment Preliminary Threshold Scores, and Update on Assessment Program Activities.

Type of Action: Action, Information


PUBLIC HEARING

The following Public Hearing will commence no earlier than 9:00 a.m. on Wednesday, September 11, 2019. The Public Hearing listed below will be held as close to 9:00 a.m. as the business of the State Board permits.

Item 04 (DOCX)

Subject: Appeal from an Action of the Stanislaus County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the Denair Unified School District to the Turlock Unified School District.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARING


Item 05 (DOCX)

Subject: State Seal of Civic Engagement Recommended Criteria

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, and action different from that recommended by CDE staff may be taken.

CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding)

Item W-01 (DOCX)

Subject: Request by South Bay Union Elementary 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: 14-6-2019

(Recommended for APPROVAL)


COMMUNITY DAY SCHOOLS (CDS) (Commingle Grade Levels)

Item W-02 (DOCX)

Subject: Request by two districts 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. One district is also requesting to waive portions of California Education Code Section 48661(a) to permit colocation of a community day school as a continuation high school.

Waiver Numbers:

  • Oakland Unified School District 17-6-2019
  • Snowline Joint Unified School District 2-7-2019

(Recommended for APPROVAL WITH CONDITIONS)


COMMUNITY DAY SCHOOL (CDS) (Minimum School Day)

Item W-03 (DOCX)

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

Waiver Number: 4-6-2019

(Recommended for APPROVAL WITH CONDITIONS)


EQUITY LENGTH OF TIME (Equity Length of Time)

Item W-04 (DOCX)

Subject: Request by La Mesa-Spring Valley Elementary School District to waive California Education Code Section 37202, the equity length of time requirement, to increase the sixth grade instructional minutes at Spring Valley Academy to match the instructional minutes of seventh and eighth grades beginning in the 2020–21 school year.

Waiver Number: 3-6-2019

(Recommended for APPROVAL)


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

Item W-05 (DOCX)

Subject: Request by three 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:

  • Dunsmuir Joint Union High School District Fed-10-2019
  • Fall River Joint Unified School District Fed-9-2019
  • Ferndale Unified School District Fed-11-2019

(Recommended for APPROVAL)


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

Item W-06 (DOCX)

Subject: Request by four local educational agencies to waive California Education Code (EC) sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Number:

  • Oxnard Union High School District 11-7-2019
  • Redwood City Elementary School District 8-6-2019
  • San Bruno Park Elementary School District 16-6-2019
  • San Mateo Union High School District 10-5-2019

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (BOND INDEBTEDNESS LIMIT)

Item W-07 (DOCX)

Subject: Request by two local educational agencies to waive California Education Code (EC) sections 15102, 15268, 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 high school districts or 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 high school districts or $60 per $100,000 of assessed value for unified school districts may also apply.

Waiver Number:

  • Arvin Union High School District 7-6-2019
  • Lindsay Unified School District 11-6-2019

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-08 (DOCX)

Subject: Request by two local educational agencies to waive portions of California Education Code Section 5091, which will allow the board of trustees to make a provisional appointment to a vacant board position past the 60-day statutory deadline.

Waiver Number:

  • Manchester Union Elementary School District 12-5-2019
  • Pacheco Union Elementary School District 9-6-2019

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election)

Item W-09 (DOCX)

Subject: Request by eight 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:

  • Campbell Union High School District 10-6-2019
  • Hueneme Elementary School District 16-5-2019
  • Jamul-Dulzura Union Elementary School District 5-7-2019
  • Little Lake City Elementary School District 15-6-2019
  • Moorpark Unified School District 13-5-2019
  • Mt. Diablo Unified School District 3-7-2019
  • South Whittier Elementary School District 18-5-2019
  • Whittier Union High School District 17-5-2019

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)

Item W-10 (DOCX)

Subject: Request by Panoche 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:15-5-2019

(Recommended for APPROVAL)


SCHOOLSITE COUNCIL STATUTE (Shared Schoolsite Council)

Item W-11 (DOCX)

Subject: Request by Columbia 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 Numbers: 14-5-2019

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Extended School Year)

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 Number:

  • Chico Unified School District 2-5-2019
  • Coachella Valley Unified School District 1-5-2019
  • Kings County Office of Education 5-5-2019
  • Lake Tahoe Unified School District 11-5-2019
  • Rialto Unified School District 12-6-2019
  • Soledad Unified School District 8-5-2019

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-13 (DOCX)

Subject: Request by Dublin 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 Number: 9-5-2019

(Recommended for APPROVAL WITH CONDITIONS)


CLASS SIZE PENALTIES (Over Limit on Grades 1-3)

Item W-14 (DOCX)

Subject: Requests by two districts 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 district class size average is 30 to one with no individual class larger than 32 students for grades one to three. The districts are requesting to increase their individual class size for grades one to three.

Waiver Numbers:

  • El Rancho Unified School District 6-5-2019
  • El Rancho Unified School District 7-5-2019
  • Garden Grove Unified School District 3-5-2019

(Recommended for APPROVAL WITH CONDITIONS)


OTHER WAIVERS (Employment - Retirement System)

Item W-15 (DOCX)

Subject: Requests by Los Angeles Unified School District to waive California Education Code Section 45134(c), to allow the employment of a State Teachers’ Retirement System retiree as a staff assistant to a Board Member.

Waiver Numbers:

  • 19-5-2019
  • 20-5-2019

(Recommended for APPROVAL)


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-16 (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 Number:

  • 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)

END OF WAIVERS


Item 06 (DOCX)

Subject: California Assessment of Student Performance and Progress System and English Language Proficiency Assessments for California: Determination of the Release of Up to 10 Percent Withheld for the 2018–19 Educational Testing Service Contract.

Type of Action: Action, Information


Item 07 (DOCX)

Subject: Nutrition Guidelines for School Breakfast and Lunch—Adoption of Proposed California Code of Regulations, Title 5 (5 CCR), Division 1, Chapter 15, Subchapter 1, Article 4, sections 15551, 15558, 15559, and 15560.

Type of Action: Action, Information


Item 08 (DOCX)

Subject: Vision Testing: Approval of the Commencement of a 15-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 09 (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 10 (DOCX)

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

Type of Action: Action, Information


Item 11 (DOCX)

Subject: Approval of 2019–20 Consolidated Applications.

Type of Action: Action, Information


Item 12 (DOCX)

Subject: Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve, 2021 Revision: Approval of the Revision of the Schedule of Significant Events.

Type of Action: Action, Information


Item 13 (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 14 (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 September 6, 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: Monday, September 9, 2019
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