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SBE Agenda for November 2019

Agenda for the California State Board of Education (SBE) meeting on November 6, 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, November 6, 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 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

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:

  • Please note that there will be new security measures in place at this meeting and future State Board of Education (SBE) meetings. All visitors will be required to go through a metal detector inspection as well as registering at the security desk. The metal detector screening will begin at 8:00 a.m.
  • 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. No signs or props will be allowed in the board room.
  • There is limited seating in the board room, the two overflow rooms, and occasionally seating in the lobby. Seating is on a first-come, first-served basis. Large groups arriving later in the day should be advised that they may not be able to wait inside the building if all seats are occupied. You will be seated as room becomes available.
  • 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, November 6, 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 Board of Education President
  • 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: 2020-2021 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor for Consideration and Appointment.

Type of Action: Action, Information


Item 02 (DOCX)

Subject: Reports from the 2019 Student Advisory Board on Education.

Type of Action: Information


Item 03 (DOCX)

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

Type of Action: Action, Information


Item 04 (DOCX)

Subject: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Adoption of the English Learner Progress Indicator Status Methodology and Use of Status in Local Educational Agency and School Eligibility Assistance Determination and Update on the 2019 California School Dashboard.

Type of Action: Action, Information


Updated Version of Item 05 (DOCX; Posted 31-Oct-2019)
This version updates the definition of ineffective teacher to include substitute permits and Teaching Permits for Statutory Leave (TPSL) holders serving as teachers of record on page 2. Additionally, there are clarifying and conforming edits to Table 1 on page 4.

Item 05 (DOCX)

Subject: Update on the Development of the California State Plan for the Every Student Succeeds Act: Technical Amendments for Inclusion in the State Plan for Resubmission to the U.S. Department of Education.

Type of Action: Action, Information


Item 06 (DOCX)

Subject: The California Assessment of Student Performance and Progress System and English Language Proficiency Assessments for California: Approval of the California Science Test Threshold Scores and an Update on Assessment Program Activities.

Type of Action: Action, Information


Item 07 (DOCX)

Subject: California Assessment of Student Performance and Progress: Determination of the Release of Up to 10 Percent Withheld for the 2018–19 Regents of the University of California Contract.

Type of Action: Action, Information


PUBLIC HEARING

The following Public Hearing will commence no earlier than 9:00 a.m. on Wednesday, November 6, 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 08 (DOCX)

Subject: Baypoint Preparatory Academy-San Diego: Consider a Material Revision of the Charter to Change Admission Preferences.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARING


Item 09 (DOCX)

Subject: The 2020 Health Instructional Materials Adoption: Appointment of Reviewers.

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 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)

Item W-01 (DOCX)

Subject: Request by two local educational agencies 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 Numbers:

  • El Centro Elementary School District 3-8-2019
  • Fort Sage Unified School District 6-8-2019

(Recommended for APPROVAL)


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

Item W-02 (DOCX)

Subject: Request by Chawanakee Unified School District 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 Number: Chawanakee Unified School District Fed-12-2019

(Recommended for APPROVAL)


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

Item W-03 (DOCX)

Subject: Requests by two districts under the authority of the California Education Code Section 46206(a), to waive Education Code sections 46200 and 46201(a), the audit penalty for offering insufficient instructional days and minutes during the 2016–17 and 2017–18 school years.

Waiver Numbers:

  • Oakland Unified School District 6-7-2019
  • San Francisco Unified School District 4-7-2019

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-04 (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 Numbers:

  • Lakeside Union Elementary School District: 9-8-2019
  • Napa Valley Unified School District: 12-7-2019
  • Poway Unified School District: 9-7-2019
  • San Diego Unified School District: 7-8-2019

(Recommended for APPROVAL WITH CONDITIONS)


Item W-05 was withdrawn by the California Department of Education on November 6, 2019.

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

Item W-05

Subject: Request by the Torrance Unified School District to waive California Education Code (EC) sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Number: 2-8-2019

(Recommended for APPROVAL WITH CONDITIONS)

[Note: the preceding information about Item W-05 contains strikethroughs which indicate the item has been withdrawn.]


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-06 (DOCX)

Subject: Request by six 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:

  • Antioch Unified School District 15-7-2019
  • La Mesa-Spring Valley School District 4-8-2019
  • Moreland School District 10-8-2019
  • Oakley Union Elementary School District 7-7-2019
  • San Rafael City High School District 1-9-2019
  • South Bay Union School District 11-8-2019

(Recommended for APPROVAL)


OTHER WAIVERS

Item W-07 (DOCX)

Subject: Request by the Standard Elementary School District to waive California Education Code (EC) Section 17407.5, which requires that a “skilled and trained workforce” be used in connection with projects utilizing the lease-leaseback construction delivery method.

Waiver Number: 1-8-2019

(Recommended for DENIAL)

END OF WAIVERS


Item 10 (DOCX)

Subject: Approval of 2019–20 Consolidated Applications.

Type of Action: Action, Information


Item 11 (DOCX)

Subject: English Language Proficiency Assessments for California: Approve Commencement of a 15-day Public Comment Period for Proposed 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 12 (DOCX)

Subject: English Language Proficiency Assessments for California: Readoption of the 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 13 (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 14 (DOCX)

Subject: Vision Testing: Adopt Proposed Amendments to the California Code of Regulations, Title 5 sections 590, 591, 594, and 596 and Proposed Section 597.

Type of Action: Action, Information


Item 15 (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 16 (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 November 1, 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, November 6, 2019
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