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SBE Agenda for May 2021

Agenda for the California State Board of Education (SBE) meeting on May 12-13, 2021.
Important Notice
Please note, the May 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, May 12, 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 to participate.

Schedule of Meeting

Thursday, May 13, 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


CLOSED SESSION

The Closed Session may commence as necessary.

  • 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. RG20084386
  • 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.

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 May 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, May 7, 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 for each agenda item. Members of the public wishing to dial in for public comment should view the live-stream of the meeting so they know when the item they wish to provide comment has been opened. 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: 712-770-4917, Participant Access Code: 4679071

CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session, Day 1

Wednesday, May 12, 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 each agenda item, 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; and other matters of interest.

Type of Action: Action, Information


Item 02 (DOCX)

Subject: Distance Learning Curriculum and Instructional Guidance Project: Presentation of Draft Guidance for Adoption.

Type of Action: Action, Information


Item 03 (DOCX)

Subject: Approval of the Proposed 2020–2021 Apportionment Rates for the California Assessment of Student Performance and Progress and the English Language Proficiency Assessments for California and an Update of Program Activities.

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: Recommended Action on the Adoption of the Student Growth Model Methodology, and Update on the Continuing Development Work and Revisions under Consideration for Future California School Dashboards.

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.

COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)

Item W-01 (DOCX)

Subject: Request by the Lindsay Unified School District for a renewal waiver of portions of California Education Code Section 48661(a), relating to the collocation of the Lindsay Community Day School on the same site as the John J. Cairns Continuation High School.

Waiver Number: 15-2-2021

(Recommended for APPROVAL WITH CONDITIONS)


COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities and Commingle Grade Levels)

Item W-02 (DOCX)

Subject: Request by the Exeter Unified School District for a renewal waiver of portions of California Education Code Section 48660, to permit the operation of a community day school for students in grades four through twelve, but no grade lower than grade four, and portions of Education Code Section 48661(a), to permit the collocation of the Exeter Community Day School on the same site as the Wilson Middle School.

Waiver Number: 12-2-2021

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)

Item W-03 (DOCX)

Subject: Request by Santa Barbara County Office of Education for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(c), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Crystal Snow to continue to provide services to students until June 30, 2022, under a remediation plan to complete those minimum requirements.

Waiver Number: 21-12-2020

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)

Item W-04 (DOCX)

Subject: Requests by Shasta County Office of Education for renewals to waive California Code of Regulations, Title 5, Section 3051.16(c), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Alexis Osborn, Kyle Espinoza, and Curtis Horner to continue to provide services to students until June 30, 2022, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • 4-1-2021
  • 5-1-2021
  • 6-1-2021

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL DISTRICT REORGANIZATION (60 day Requirement to Fill Board Vacancy)

Item W-05 (DOCX)

Subject: Request by Vallecitos Elementary School District to waive portions of California Education Code Section 5091, which will allow the board of trustees of the district to make a provisional appointment to a vacant board position past the 60-day statutory deadline.

Waiver Number: 8-2-2021

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Bond Indebtedness Limit)

Item W-06 (DOCX)

Subject: Requests by six local educational agencies to waive California Education Code sections 15102, 15106, 15268, and/or 15270(a) 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 or high school districts and 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 or high school districts and $60 per $100,000 of assessed value for unified school districts may also apply.

Waiver Numbers:

  • Alisal Union School District: 18-2-2021
  • Central Unified School District: 4-2-2021
  • Dublin Unified School District: 7-10-2020
  • El Monte Union High School District: 5-2-2021
  • Sanger Unified School District: 14-2-2021
  • Soledad Unified School District: 9-2-2021

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))

Item W-07 (DOCX)

Subject: Requests by six 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:

  • Butte County Office of Education 1-1-2021
  • Fall River Joint Unified School District 3-1-2021
  • Hemet Unified School District 1-2-2021
  • Paradise Unified School District 11-2-2021
  • Red Bluff Union Elementary School District 11-12-2020
  • Shasta County Office of Education 6-2-2021

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-08 (DOCX)

Subject: Request by the Antelope Valley Union High School District and the Antelope Valley Special Education Local Plan Area to waive California Education Code 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 school for students with disabilities located in Canton, Massachusetts.

Waiver Number: 2-2-2021

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-09 (DOCX)

Subject: Request by the San Francisco Unified School District to waive California Education Code 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 school for students with disabilities located in Victoria, Texas.

Waiver Number: 24-12-2020

(Recommended for APPROVAL)


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

Item W-10 (DOCX)

Subject: Request by the Paso Robles Joint Unified School District to waive California Education Code 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 school for students with disabilities located in Delta, Utah.

Waiver Number: 2-1-2021

(Recommended for DENIAL)

END OF WAIVERS


Item 05 (DOCX)

Subject: Approval of 2020–21 Consolidated Applications.

Type of Action: Action, Information


Item 06 (DOCX)

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

Type of Action: Action, Information


Item 07 (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


Item 08 (DOCX)

Subject: Revision of a Funding Determination as Required for Nonclassroom-Based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2, California Code of Regulations, Title 5 Section 11963.6(a), and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


PUBLIC HEARING

The following Public Hearing will commence no earlier than 12:00 p.m. on Wednesday, May 12, 2021. The Public Hearing listed below will be held as close to 12:00 p.m. as the business of the State Board permits.

Item 09 (DOCX)

Subject: Petition for the Renewal of a Charter School Currently Under the Oversight of the State Board of Education Pursuant to California Education Code Section 47605.9(b): Consideration of Audeo Charter II, which was denied by the Carlsbad Unified School District.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARING


Item 10 (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, May 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 2

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

PUBLIC HEARING

The following Public Hearing will commence no earlier than 8:30 a.m. on Thursday, May 13, 2021. The Public Hearing listed below will be held as close to 8:30 a.m. as the business of the State Board permits.

Item 11 (DOCX)

Subject: Petition for the Renewal of a Charter School Currently Under the Oversight of the State Board of Education Pursuant to California Education Code Section 47605.9(b): Consideration of Prepa Tec Los Angeles High, which was denied by the Los Angeles Unified School District.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARING

ADJOURNMENT OF MEETING


This agenda is posted on the State Board of Education’s Web site [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 no later than 12 Noon on Friday, May 7, 2021. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.

Questions: State Board of Education | sbe@cde.ca.gov | 916-319-0827 
Last Reviewed: Friday, April 30, 2021
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