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SBE Agenda for January 2021

Agenda for the California State Board of Education (SBE) meeting on January 13-14, 2021.
Important Notice
Please note, the January 2021 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

Wednesday, January 13, 2021
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, January 14, 2021
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
  • Cayla K et al. v. State of California, State Board of Education, State Department of Education, Tony Thurmond et al., Alameda County Superior Court, Case No. unassigned
  • 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

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 January 2021 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, January 8, 2021. Comments should be submitted to the SBE mailbox at: sbe@cde.ca.gov.

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: 712-770-4906, Participant Access Code: 1166083#


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session, Day 1

Wednesday, January 13, 2021 – 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 Attachment 3 and Attachment 4 were withdrawn by the SBE Office on January 11, 2021.

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; and other matters of interest.

Type of Action: Action, Information

  • Item 01 Attachment 3
  • Item 01 Attachment 4
    [Note: the preceding references about Item 01 Attachment 3 and Attachment 4 contain strikethroughs which indicate those portions of the item have been withdrawn by the SBE office.]
  • Item 01 Addendum (DOCX; Posted 11-Jan-2021)

Item 02 (DOCX)

Subject: Distance Learning Curriculum and Instructional Guidance: Project Update.

Type of Action: Information


Item 03 (DOCX)

Subject: The California Assessment of Student Performance and Progress System and the English Language Proficiency Assessments for California: Approval of Proposed Goals and Priorities to be Included in the California Assessment System Request for Qualifications, Stage Three—Formal Written Submission, and an Update of Program Activities.

Type of Action: Action, Information


Item 04 (DOCX)

Subject: Update to California’s Every Student Succeeds Act State Plan: Approval of the Amendments to the State Plan and COVID-19 State Plan Addendum to the U.S. Department of Education.

Type of Action: Action, Information


Item 05 (DOCX)

Subject: State Educational Agency Approval of the 2020–21 Comprehensive Support and Improvement Plans Authorized Under the Every Student Succeeds Act Section 1111(d).

Type of Action: Action, Information


Item 06 (DOCX)

Subject: Comprehensive Literacy State Development Grant: State Literacy Plan Draft Review.

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:

  • Fort Sage Unified School District Fed-11-2020
  • Middletown Unified School District Fed-12-2020

(Recommended for APPROVAL)


INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Charter - Minimum Instructional Time)

Item W-02 (DOCX)

Subject: Request by Prepa Tec Los Angeles High charter school under the authority of the California Education Code Section 47612.6, to waive Education Code Section 47612.5, the audit penalty for offering insufficient instructional minutes during the 2018–19 school year.

Waiver Number: 2-6-2020

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-03 (DOCX)

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

Waiver Numbers:

  • Rim of the World Unified School District: 6-9-2020
  • Rim of the World Unified School District: 7-9-2020

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-04 (DOCX)

Subject: Request by two local educational agencies to waive California Education Code sections 15106 and 15270(a) to allow the districts to exceed their 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 Numbers:

  • Gilroy Unified School District: 1-11-2020
  • West Contra Costa Unified School District: 2-9-2020

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)

Item W-05 (DOCX)

Subject: Request by Belridge Elementary School District to waive portions of California Education Code sections 35780 and 35782, which will allow that district to lapse.

Waiver Number: 4-9-2020

(Recommended for APPROVAL)

END OF WAIVERS


Item 07 (DOCX)

Subject: Approval of the Fiscal Year 2020–21 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 08 (DOCX)

Subject: Approval of 2020–21 Consolidated Applications.

Type of Action: Action, Information


Item 09 (DOCX)

Subject: Request to Approve a Waiver for Title IV, Part A Funding Flexibilities.

Type of Action: Action, Information


Item 10 (DOCX)

Subject: The 2021 Arts Education Instructional Materials Adoption: Appointment of Reviewers.

Type of Action: Action, Information


Item 11 (DOCX)

Subject: The 2021 Arts Education Instructional Materials Adoption: Requests for Reduction of the Publisher Participation Fee.

Type of Action: Action, Information


Item 12 (DOCX)

Subject: The 2021 World Languages Instructional Materials Adoption: Appointment of Reviewers.

Type of Action: Action, Information


Item 13 (DOCX)

Subject: The 2021 World Languages Instructional Materials Adoption: Requests for Reduction of the Publisher Participation Fee.

Type of Action: Action, Information


Item 14 (DOCX)

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

Type of Action: Action, Information


Item 15 (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

CONTINUATION OF MEETING


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session, Day 2

Thursday, January 14, 2021 – 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 16 (DOCX)

Subject: State Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 covering program year 2019–20.

Type of Action: Action, Information


Item 17 was withdrawn by the SBE Office on January 11, 2021.

Item 17

Subject: Charter Schools: Approve the Commencement of the Rulemaking Process Amendments to California Code of Regulations, Title 5 Sections 11965, 11966.4, 11966.5, 11966.6, 11967 and 11967.5.1; and the Adoption of Proposed Sections 11967.1, 11967.2, and 11967.5.2.

Type of Action: Action, Information

[Note: the preceding information about Item 17 contains strikethroughs which indicate the item has been withdrawn.]


Item 18 (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 19 (DOCX)

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

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: Tuesday, January 12, 2021
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