SBE Agenda for September 2020
Agenda for the California State Board of Education (SBE) meeting on September 10, 2020.State Board Members
- Linda Darling-Hammond, President
- Ilene W. Straus, Vice President
- Sue Burr
- Cynthia Glover Woods
- James J. McQuillen
- Matt Navo
- Kim Pattillo Brownson
- Haydee Rodriguez
- Patricia A. Rucker
- Ting L. Sun
- Zaid Fattah, Student Member
Secretary & Executive Officer
- Hon. Tony Thurmond
Executive Director
- Karen Stapf Walters
Schedule of Meeting
Thursday, September 10, 2020
8:30 a.m. Pacific Time ±
STATE BOARD OF EDUCATION
The Closed Session will take place at approximately 10:30 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 10:30 a.m.; (2) may begin at 10:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 10:30 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
- I.L. v. Oakland Unified School District, State of California, State Board of Education, State Department of Education, Tony Thurmond, United States District Court (No. Dist. CA), Case No.20-CV-2349-JST.
- 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
- Patel v. Santa Clara Unified School District, California Department of Education, Tony Thurmond, State Board of Education, Santa Clara County Superior Court, Case No, 20CV365010
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.
Under Government Code section 11126(a), the State Board of Education hereby provides public notice that it may meet in closed session regarding the appointment, employment, evaluation of performance, or dismissal, discipline, or release of public employees, or a complaint or charge against public employees. Public employees include persons exempt from civil service under Article VII, Section 4(e) of the California Constitution.
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; by facsimile at 916-319-0175; or by email at sbe@cde.ca.gov.
SBE MEETING LOGISTICS
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 related to the COVID-19 pandemic. The Executive Order allows state bodies covered by the Bagley-Keene Open Meeting Act (Act) to hold public meetings covered by the Act via web and/or audio teleconferencing. As such, the September 2020 SBE meeting will be held as an audio/video teleconference and will have a live webcast [https://www.cde.ca.gov/be/pn/lv/index.asp], which will subsequently be archived on the SBE website. The SBE Board Room 1101 in the California Department of Education will be closed to the public. Please see the Public Comment Guidelines section below for options to view and participate during the meeting.
PUBLIC COMMENT GUIDELINES
Public comment may be provided via email or phone, as specified below.
The public is highly encouraged to submit written comment to the SBE members in advance for their prior consideration. In order to help ensure that board members have sufficient time to review all comments, please submit comments by noon, on Friday, September 4, 2020. Comments should be submitted to the SBE mailbox at: sbe@cde.ca.gov. All public comments received by the deadline will be available from the SBE Office. Join the SBE electronic mailing list [https://www.cde.ca.gov/be/ms/cn/index.asp] to receive information and updates from the Board.
The following information should be included in the body of the email:
- Commenter’s first and last name
- Organization affiliation, if applicable
- Agenda item number or general public comment
Phone
Public comment may also be provided during the meeting by dialing the phone number and participant access code listed below. The operator will notify callers when it is their turn to provide public comment. Public comment will be limited to one minute. Members of the public wishing to dial in for public comment should view the live-stream of the meeting. The number is provided below and will also be announced at the start of public comment for each item.
- Prior to making public comment, speakers who are watching the meeting via live webcast [https://www.cde.ca.gov/be/pn/lv/index.asp] should make sure the volume on their computer is muted to avoid an echoing or feedback sounds during the call.
- Each speaker will be allotted one minute of public comment for each agenda item.
- Please use the phone number provided below:
- Phone number: 712-432-0075., Participant Access Code: 651905#.
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session
Thursday, September 10, 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
- 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 Thursday, and should follow instructions provided above to do so remotely.
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; State Superintendent of Public Instruction Report; State Board of Education’s President’s Report; and other matters of interest.
Type of Action: Action, Information
Subject: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Recommended Action on the Inclusion of New Career Measures in the College/Career Indicator and Update on the Student Growth Model, and Implementation of California Education Code Section 52064.5.
Type of Action: Action, Information
Subject: Approval of Local Educational Agency Plans as Required by the Every Student Succeeds Act through the Completion of the Local Control and Accountability Plan Federal Addendum.
Type of Action: Action, Information
Subject: The California Assessment of Student Performance and Progress System, the English Language Proficiency Assessments for California, and the California Physical Fitness Test: Update of Program Activities.
Type of Action: Information
Revised Item 05 (DOCX; Posted 4-Sep-2020)
Note: The CDE made changes to the previously posted Item 05 to ensure that language reflects the State Superintendent's intent that all students have an opportunity to earn the State Seal of Civic Engagement.
Subject: State Seal of Civic Engagement Recommended Criteria.
Type of Action: Action, Information
PUBLIC HEARING
The following Public Hearing will commence no earlier than 1:00 p.m. on Thursday, September 10, 2020. The Public Hearing listed below will be held as close to 1:00 p.m. as the business of the State Board permits.
Subject: Appeal from an Action of the Los Angeles County Committee on School District Organization to Approve a Petition to Transfer Territory from the Lawndale Elementary School District and the Centinela Valley Union High School District to the Wiseburn Unified School District.
Type of Action: Action, Information, Public Hearing
END OF PUBLIC HEARING
Subject: Request for Waiver Under Every Student Succeeds Act, Code of Federal Regulations Section 200.6(c)(4) to Waive the 1.0 Percent Threshold for the 2020–2021 California Alternate Assessments for English Language Arts/Literacy, Mathematics, and Science.
Type of Action: Action, Information
Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.
Type of Action: Action, Information
Subject: Request to ratify the waiver letter submitted to the United States Department of Education for the federal 2016–19 Charter School Program Grant allowing the California Department of Education to fund existing charter schools in need of financial assistance due to COVID-19 distance learning requirements.
Type of Action: Action, Information
- Revised Item 09 Attachment 1 (Posted 9-Sep-2020)
Note: The CDE updated Attachment 1 on September 8, 2020. - Item 09 Attachment 1
Subject: Request to Ratify Waiver to Extend the Period of Availability of Federal Fiscal Year 2018 Individuals with Disabilities Education Act Part B Grant Funds.
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)
Subject: Requests by the Maple 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 district class size average is 30 to one with no individual class larger than 32 students for grades one to three. The district is requesting to increase its individual class size for grades one to three to 33 students.
Waiver Number: 8-6-2020
(Recommended for APPROVAL WITH CONDITIONS)
COMMUNITY DAY SCHOOLS (CDS) (Grade Spans and Colocate Facilities)
Subject: Request by the Exeter Unified School District (EUSD) to waive portions of California Education Code (EC) Section 48660, relating to the allowable grade spans for community day schools and to waive portions of California EC Section 48661(a), relating to the collocation of a community day school with other types of schools.
Waiver Number: Exeter Unified School District 2-5-2020
(Recommended for APPROVAL WITH CONDITIONS)
FEDERAL PROGRAM WAIVER (Carl D. Perkins Voc and Tech Ed Act)
Subject: Request by two 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:
- Klamath-Trinity Joint Unified School District Fed-8-2020
- Surprise Valley Joint Unified School District Fed-7-2020
(Recommended for APPROVAL)
SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)
Subject: Request by the Oakland Unified School District to waive California Education Code sections specific to statutory provisions for the lease of surplus property.
Waiver Number: 3-6-2020
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit)
Subject: Request by three local educational agencies to waive California Education Code sections 15102, 15106, and 15268 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 elementary 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 elementary school districts or $60 per $100,000 of assessed value for unified school districts may also apply.
Waiver Numbers:
- Burlingame Elementary School District: 11-6-2020
- Palmdale Elementary School District: 16-6-2020
- Parlier Unified School District: 7-6-2020
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)
Subject: Request by Wilsona Elementary School District 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 Number: Wilsona Elementary School District 8-5-2020
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Educational interpreter for Deaf and Hard of Hearing)
Subject: Requests by Shasta County Office 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 Alex Osborn, Curtis Horner and Kyle Espinoza to continue to provide services to students until June 30, 2021, under a remediation plan to complete those minimum requirements.
Waiver Numbers:
- Shasta County Office of Education 5-5-2020
- Shasta County Office of Education 6-5-2020
- Shasta County Office of Education 7-5-2020
(Recommended APPROVAL WITH CONDITIONS)
COMMUNITY DAY SCHOOLS (CDS) (Grade Spans and Colocate Facilities)
Subject: Request by the Lindsay Unified School District to waive portions of California Education Code (EC) Section 48661(a), relating to the collocation of a community day school with other types of schools.
Waiver Number: Lindsay Unified School District 20-2-2020
(Recommended APPROVAL WITH CONDITIONS)
END OF WAIVERS
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/index.asp]. 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. Additional opportunities to provide public comment at the meeting are detailed under SBE Meeting Logistics.