SBE Agenda for March 2020
Agenda for the California State Board of Education (SBE) meeting on March 11-12, 2020.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, March 11, 2020
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, March 12, 2020
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 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 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, Day 1
Wednesday, March 11, 2020 – 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 DAY 1
PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items on Wednesday.
Subject: Appointment of Stephanie Gregson, Ed.D. 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
Subject: Approval of the Skills Attainment for Upward Mobility; Aligned Services for Shared Prosperity: California’s Workforce Development Plan 2020–2023.
Type of Action: Action, Information
Item 03 (DOCX; Posted 03-Mar-2020)
Subject: Approval of the Fiscal Year 2019–20 Career Technical Education Incentive Grant Allocations, Including the Allocation Formula; Specific Funding Amounts and Number of Grant Awards; Purposes for Grant Fund Use; and Allowable and Non-Allowable Expenditures.
Type of Action: Action, Information
- Item 03 Attachment 1 (DOCX; Posted 03-Mar-2020)
- Item 03 Attachment 2 (DOCX; Posted 03-Mar-2020)
- Item 03 Attachment 3 (DOCX; Posted 03-Mar-2020)
- Item 03 Addendum (DOCX; Posted 10-Mar-2020)
- Item 03 Addendum Attachment 1 (DOCX; Posted 10-Mar-2020)
- Item 03 Slides (PDF; Posted 11-Mar-2020)
Subject: The Strengthening Career and Technical Education for the 21st Century Act: Review and Approval of the Draft Federal Perkins V State Plan.
Type of Action: Action, Information
- Item 04 Attachment 2 (DOCX)
- Item 04 Attachment 3 (DOCX)
- Item 04 Addendum (DOCX; Posted 6-Mar-2020)
- Item 04 Addendum Attachment 1 (DOCX; Updated 15-Jun-2023)
- Item 04 Slides (PDF; Posted 11-Mar-2020)
Note: These versions reflect edits requested by the California Workforce Pathways Join Advisory Committee at their March 2, 2020 meeting at which the Draft Plan was approved.
- Revised Item 04 Addendum (DOCX; Posted 10-Mar-2020)
- Revised Item 04 Addendum Attachment 1 (DOCX; Updated 15-Jun-2023)
Subject: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Update on the Continuing Development Work and Revisions under Consideration for the 2020 California School Dashboard.
Type of Action: Action, Information
Subject: Approval of Indicator 17 of the State Performance Plan and Annual Performance Report for Special Education.
Type of Action: Action, Information
Subject: The California Assessment of Student Performance and Progress System and the English Language Proficiency Assessments for California: Approval of the 2019–2020 Apportionment Rates and an Update on Assessment Program Activities.
Type of Action: Action, Information
Subject: Golden State Seal Merit Diploma: Approval of Updated Eligibility 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 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.
COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)
Subject: Request by Chino Valley Unified School District to waive portions of California Education Code Section 48661(a) to permit the colocation of Chino Valley Learning Academy, a community day school, on the same site as an elementary school, a senior high school, and other alternative education programs.
Waiver Number: 10-12-2019
(Recommended for APPROVAL WITH CONDITIONS)
PHYSICAL EDUCATION PROGRAM (Block Schedules)
Subject: Request by Vista Unified School District for a renewal to waive portions of California Education Code Section 51222(a), related to the statutory minimum requirement of 400 minutes of physical education each 10 school days for students in grades nine through twelve in order to implement a block schedule at Mission Vista High School.
Waiver Number: 12-11-2019
(Recommended for APPROVAL)
PHYSICAL FITNESS TESTING (Physical Fitness Testing)
Subject: Request by Vista Unified School District to waive portions of California Education Code Section 60800(a) relating to Physical Fitness Testing, specifically the testing window of February 1 through May 31, to be moved to the fall semester physical education classes.
Waiver Number: 11-11-2019
(Recommended for APPROVAL)
SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)
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:
- Moreno Valley Unified School District 2-11-2019
- Santa Barbara Unified School District 12-12-2019
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (60 day Requirement to Fill Board Vacancy)
Subject: Request by Potter Valley Community Unified School District 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: 8-11-2019
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)
Subject: Request by Coffee 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: 14-12-2019
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Governing Board)
Subject: Request by Linden Unified to waive California Education Code sections 5020, 5025, and 5026; and portions of sections 5019, 5021, and 5030, which require a districtwide election to reduce the size of the governing board from seven to five members and establish trustee areas for future board elections for the five-member governing board.
Waiver Number: 19-12-2019
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)
Subject: Request by 14 local educational agencies to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, which require a districtwide election to establish a by-trustee-area method of election.
Waiver Numbers:
- Adelanto Elementary School District 9-11-2019
- Benicia Unified School District 8-12-2019
- Davis Joint Unified School District 17-11-2019
- Fremont Unified School District 6-12-2019
- Huntington Beach City Elementary School District 18-12-2019
- Los Alamitos Unified School District 15-12-2019
- New Haven Unified School District 14-11-2019
- Novato Unified School District 15-11-2019
- Oakdale Joint Unified School District 5-12-2019
- Ojai Unified School District 16-11-2019
- Rim of the World Unified School District 13-12-2019
- Saddleback Valley Unified School District 7-12-2019
- San Pasqual Union Elementary School District 20-12-2019
- Vallejo City Unified School District 7-11-2019
(Recommended for APPROVAL)
SCHOOLSITE COUNCIL STATUTE (Shared Schoolsite Council with Reduced Number and Composition)
Subject: Request by Hilmar Unified 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: 10-11-2019
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by eleven 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 12-10-2019
- Covina-Valley Unified School District 17-12-2019
- Fallbrook Union Elementary School District 9-12-2019
- Greenfield Union School District 6-11-2019
- Madera County Superintendent of Schools 3-11-2019
- National Elementary School District 13-11-2019
- Palm Springs Unified School District 2-12-2019
- River Delta Joint Unified School District 18-11-2019
- San Pasqual Valley Unified School District 4-11-2019
- San Ysidro Elementary School District 9-10-2019
- South Bay Union School District 1-12-2019
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/ NPA or NPS Certification)
Subject: Request by Pleasanton Unified School District to waive California Education Code (EC) Section 56366(d), the requirement for nonpublic, nonsectarian schools or agencies to be state-certified, to allow the use of state and federal special education funds for the placement of one high school student with disabilities at an uncertified out-of-state nonpublic school for students with disabilities located in Doylestown, Pennsylvania.
Waiver Number: 4-12-2019
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit)
Subject: Request by the Golden Valley 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 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: 16-12-2019
(Recommended for APPROVAL WITH CONDITIONS)
END OF WAIVERS
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
END OF DAY’S SESSION
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session, Day 2
Thursday, March 12, 2020 – 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 DAY 2
PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items on Thursday.
Subject: Approval of 2019–20 Consolidated Applications.
Type of Action: Action, Information
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
Subject: Consideration of a 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
Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.
Type of Action: Action, Information
PUBLIC HEARINGS
The following Public Hearings will commence no earlier than 8:30 a.m. on Thursday, March 12, 2020. The Public Hearings listed below will be held as close to 8:30 a.m. as the business of the State Board permits.
Subject: Petition for the Renewal of a Charter School Under the Oversight of the State Board of Education: Consideration of Academia Avance Charter, which was denied by the Los Angeles Unified School District.
Type of Action: Action, Information, Public Hearing
Subject: Petition for the Renewal of a Charter School Under the Oversight of the State Board of Education: Consideration of OnePurpose School, which was denied by the San Francisco Unified School District.
Type of Action: Action, Information, Public Hearing
END OF PUBLIC HEARINGS
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 website [https://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 March 6, 2020, the Friday prior to the meeting. If you do not meet the deadline, please provide 25 copies to distribute at the meeting.