SBE Agenda for July 2021
Agenda for the California State Board of Education (SBE) meeting on July 14, 2021.State Board Members
- Linda Darling-Hammond, President
- Ilene W. Straus, Vice President
- Sue Burr
- Cynthia Glover-Woods
- Jim McQuillen
- Kim Pattillo Brownson
- Haydee Rodriguez
- Patricia A. Rucker
- Ting L. Sun
- Zaid Fattah, Student Member
- Vacancy
Secretary & Executive Officer
- Hon. Tony Thurmond
Executive Director
- Brooks Allen
Schedule of Meeting
Wednesday, July 14, 2021
8:30 a.m. Pacific Time ±
STATE BOARD OF EDUCATION
Public Session. Public Session, adjourn to Closed Session
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.
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 July 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.
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, July 9, 2021. Comments should be submitted to the SBE mailbox at: sbe@cde.ca.gov.
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 Internet live-stream of the meeting so they know when the item they wish to provide comment has been opened. The call-in telephone 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: 712-770-5316, Participant Access Code: 4337117
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session
Wednesday, July 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
PLEASE NOTE: Individuals wishing to provide public comment will be limited to one minute each for for each agenda item, 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; and other matters of interest.
Type of Action: Action, Information
Subject: California's Draft State Plan for the American Rescue Plan Elementary and Secondary School Emergency Relief Fund.
Type of Action: Action
- Item 02 Attachment 1 (DOCX)
- Item 02 Attachment 2 (DOCX)
- Item 02 Addendum (DOCX; Posted 12-Jul-2021)
- Item 02 Addendum Attachment 1 (DOCX; Posted 12-Jul-2021)
Subject: The California Assessment of Student Performance and Progress, the English Language Proficiency Assessments for California, and the California High School Proficiency Examination: Update on Program Activities.
Type of Action: Information
Subject: The California Assessment of Student Performance and Progress and the English Language Proficiency Assessments for California: Request for Approval to Proceed with the California Assessment System Request for Qualifications, Stage Four—Negotiations.
Type of Action: Action, Information
Subject: School Accountability Report Card: Approval of the Template for the 2020–2021 School Accountability Report Card.
Type of Action: Action, Information
Subject: Proposed Revisions of the Local Control Funding Formula Local Indicator Self-Reflection Tool for Priority 3 (Parent and Family Engagement).
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.
CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding)
Subject: Requests by two local educational agencies to waive portions of California Code of Regulations, Title 5 Section 11963.6, relating to the submission of and action on determination of funding requests regarding nonclassroom-based instruction.
Waiver Numbers:
- Monterey County Office of Education 7-4-2021
- Tracy Joint Unified School District 2-4-2021
(Recommended for APPROVAL)
INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Charter - Minimum Instructional Time)
Subject: Request by KIPP Empower Academy a 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: 13-2-2021
(Recommended for APPROVAL WITH CONDITIONS)
FEDERAL PROGRAM WAIVER (Carl D. Perkins Voc and Tech Ed Act)
Subject: Requests by six local educational agencies 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:
- Duarte Unified School District (CA School of the Arts- San Gabriel Valley) Fed-2-2021
- Golden Valley Unified School District Fed-1-2021
- Inyo County Office of Education (College Bridge Academy) Fed-4-2021
- Laton Joint Unified School District Fed-5-2021
- Orange County Office of Education (OCSA) Fed-3-2021
- Willows Unified School District Fed-6-2021
(Recommended for APPROVAL)
COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)
Subject: Request by Hanford Joint Union High School District for a waiver of portions of California Education Code Section 48661(a), to permit the collocation of the Hanford Community Day School on the same site as the Earl F. Johnson Continuation High School.
Waiver Number: 4-3-2021
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (Elections to Fill Board Vacancies)
Subject: Request by Norwalk-La Mirada Unified School District to waive portions of California Education Code Section 5091, which will allow an adjustment to the type and timing of elections to fill vacant board positions.
Waiver Number: 11-4-2021
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Size of Governing Board)
Subject: Request by Laguna Joint Elementary School District to waive portions of California Education Code sections 5018, 5022, and 35012, which will allow the district governing board to increase the number of board members from three to five and to fill the two new board seats through appointment.
Waiver Number: 8-4-2021
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit)
Subject: Request by Perris Union High School District to waive California Education Code sections 15102 and 15268 to allow the district to exceed its bonded indebtedness limit. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for high school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for high school districts may also apply.
Waiver Number: 6-4-2021
(Recommended for APPROVAL WITH CONDITIONS)
SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)
Subject: Request by Oceanside Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property
Waiver Number: 19-2-2021
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Subject: Requests by Fresno County Office of Education 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 Rachel Witort and Erika Zamora to continue to provide services to students until June 30, 2022, under a remediation plan to complete those minimum requirements.
Waiver Numbers:
- Fresno County Office of Education 16-2-2021
- Fresno County Office of Education 17-2-2021
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Requests by 13 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:
- Alpine Union Elementary School District 5-3-2021
- Amador County Office of Education 9-4-2021
- Covina-Valley Unified School District 3-4-2021
- Fallbrook Union Elementary School District 6-3-2021
- Gateway Unified School District 13-3-2021
- Gridley Unified School District 1-4-2021
- Imperial Unified School District 11-3-2021
- Lake County Office of Education 1-3-2021
- Monterey Peninsula Unified School District 12-3-2021
- Pioneer Union Elementary School District 10-4-2021
- San Ysidro Elementary School District 7-3-2021
- South Bay Union School District 4-4-2021
- Tuolumne County Superintendent of Schools 5-4-2021
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Non Public Agency (NPA) or School (NPS) Annual Renwal of Certification)
Subject: Request by the Temecula Valley Unified School District Special Education Local Plan Area to waive California Education Code Section 56366.1(e)(3), the requirement for on-site visits to the nonpublic, nonsectarian school before placement of a pupil if the local educational agency does not have any pupils enrolled at the school at the time of placement, and at least one on-site monitoring visit during each school year to the nonpublic, nonsectarian school at which the local educational agency has a pupil attending and with which it maintains a master contract.
Waiver Number: 3-2-2021
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific / NPA or NPS Certification)
Subject: Request by the Curtis Creek Elementary School District and the Tuolumne County 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: 2-8-2020
(Recommended for APPROVAL WITH CONDITIONS)
END OF WAIVERS
Subject: Mathematics Framework for California Public Schools, Kindergarten Through Grade Twelve, 2021 Revision: Approval of the Revision of the Schedule of Significant Events.
Type of Action: Action, Information
Subject: Approval of 2020-21 Consolidated Applications.
Type of Action: Action, Information
Subject: Consideration of a Request 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: Approval of a Charter School Number Assigned to a Newly Established Charter School.
Type of Action: Action, Information
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 [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, July 9, 2021. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.