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SBE Agenda for November 2020

Agenda for the California State Board of Education (SBE) meeting on November 5-6, 2020.
Important Notice
Please note, the November 2020 State Board of Education meeting will be held as a teleconference; Room 1101 (board room) will be closed to the public. Please see SBE Meeting Logistics section below for options to view and participate in the meeting.
State Board Members
  • Linda Darling-Hammond, President
  • Ilene W. Straus, Vice President
  • Sue Burr
  • Cynthia Glover-Woods
  • Jim 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
  • Brooks Allen

Schedule of Meeting

Thursday, November 5, 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

Friday, November 6, 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 8.30a.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
  • 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
  • Martinez v. Newsom, State of California, Tony Thurmond, State Department of Education, state Board of Education, et al., United State District Court (Central District CA), Case No. 5:20-cv-01796
  • 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
  • Today’s Fresh Start Charter School v. Inglewood Unified School District, Los Angeles County Office of Education, California Department of Education, California State Board of Education, Los Angeles County Superior Court, Case No. 20STCP02646

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 November 2020 SBE meeting will be held as an audio/video teleconference and will have a live webcast, 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.

Email

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, October 30, 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 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 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, Day 1

Thursday, November 5, 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 DAY 1

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.

Item 01 (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; State Superintendent of Public Instruction Report; State Board of Education President’s Report; and other matters of interest.

Type of Action: Action, Information


Item 02 (DOCX)

Subject: 2021-2022 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 03 (DOCX)

Subject: Reports from the 2020 Student Advisory Board on Education.

Type of Action: Information


Item 04 (DOCX)

Subject: California Assessment of Student Performance and Progress System, English Language Proficiency Assessments for California, California High School Proficiency Examination, and Physical Fitness Test: Approval of Proposed Revisions to the Smarter Balanced Summative Assessments for English Language Arts/Literacy and Mathematics Blueprints, Approval of the Proposed Initial and Summative Alternate English Language Proficiency Assessments for California Student Score Reports, and an Update on Program Activities.

Type of Action: Action, Information


Revised Item 05 (DOCX; Revised 26-Oct-2020)
This edited document provides additional information regarding how the Residual Gain (RG) Model is calculated and clarifies that the California Department of Education is not recommending any changes to the RG model.

Item 05 (DOCX)

Subject: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Recommended Action on Revisions to the Student Growth Model, and Report and Recommendations of the California Advisory Task Force on Alternative Schools.

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.

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

Item W-01 (DOCX)

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:

  • Colusa Unified School District Fed-9-2020
  • Maxwell Unified School District Fed-10-2020

(Recommended for APPROVAL)


Instructional Time Requirement Audit Penalty (Charter - Minimum Instructional Time)

Item W-02 (DOCX)

Subject: Requests by two school districts under the authority of the California Education Code Sections 46206(a) and 47612.6, to waive Education Code sections 46201(a) and 47612.5, the audit penalty for offering insufficient instructional minutes during the 2018–19 school year.

Waiver Numbers:

  • Tulare Joint Union High School District 7-3-2020
  • Oakland Unified School District 15-6-2020

(Recommended for APPROVAL WITH CONDITIONS)


OTHER WAIVERS (Employment - Retirement System)

Item W-03 (DOCX)

Subject: Request 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 Number: 1-9-2020

(Recommended for APPROVAL)


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

Item W-04 (DOCX)

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:

  • Alameda Unified School District 1-10-2020
  • Roseville Joint Union High School District 1-28-2020

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Unified S.D.)

Item W-05 (DOCX)

Subject: Request by three local educational agencies to waive California Education Code 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:

  • Fresno Unified School District 1-26-2020
  • Paramount Unified School District 1-29-2020
  • Santa Paula Unified School District 1-27-2020

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-06 (DOCX)

Subject: Request by Ramona City Unified 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: 9-9-2020

(Recommended for APPROVAL)


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

Item W-07 (DOCX)

Subject: Request by the Torrance Unified School District to waive California Education Code sections governing the process for selling or leasing surplus property.

Waiver Number: 1-11-2020

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-08 (DOCX)

Subject: Request by Hanford Joint Union High School District and the Kings County Special Education Local Plan Area request 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 by California, out-of-state school for students with disabilities located in Canton, Massachusetts.

Waiver Number: 10-6-2020

(Recommended for APPROVAL WITH CONDITIONS)

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 2019–2020 Educational Testing Service Contract.

Type of Action: Action, Information


Item 07 (DOCX)

Subject: California Assessment of Student Performance and Progress and English Language Proficiency Assessments for California: Determination of the Release of Up to 10 Percent Withheld for the 2019–2020 Regents of the University of California, Santa Cruz Contract.

Type of Action: Action, Information


Item 08 (DOCX)

Subject: Approval of 2020–21 Consolidated Applications.

Type of Action: Action, Information


Item 09 (DOCX)

Subject: Consideration of Retroactive 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


Item 10 (DOCX)

Subject: Consideration of a Retroactive 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 11 (DOCX)

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

Type of Action: Action, Information


Item 12 (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

END OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session, Day 2

Friday, November 6, 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 DAY 2

PLEASE NOTE: Individual speakers will be limited to one minute each for public comment for all items on Friday, and should follow instructions provided above to do so remotely.

Item 13 (DOCX)

Subject: Information Overview on the California Department of Education's Implementation of Assembly Bills 1505 and 1507, Specifically as it Pertains to the New Review Standard and Process of the State Board of Education and the Advisory Commission on Charter Schools in the Hearing of Appeals for the Establishment and Renewal of Charter Schools.

Type of Action: Information


Item 14 (DOCX)

Subject: Approval of the Criteria to Define Verified Data and the List of Valid and Reliable Assessments and Measures of Postsecondary Outcomes as Required by California Education Code Section 47607.2.

Type of Action: 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. Additional opportunities to provide public comment at the meeting are detailed under SBE Meeting Logistics.

Questions: State Board of Education | sbe@cde.ca.gov | 916-319-0827 
Last Reviewed: Wednesday, November 4, 2020
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