SBE Agenda for November 2021
Agenda for the California State Board of Education (SBE) meeting on November 3-4, 2021.State Board Members
- Linda Darling-Hammond, President
- Ilene W. Straus, Vice President
- Sue Burr
- Francisco Escobedo
- Cynthia Glover-Woods
- Jim McQuillen
- Kim Pattillo Brownson
- Haydee Rodriguez
- Patricia A. Rucker
- Ting L. Sun
- Rana Banankhah, Student Member
Secretary & Executive Officer
- Hon. Tony Thurmond
Executive Director
- Brooks Allen
Schedule of Meeting
Wednesday, November 3, 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, November 4, 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.
- Californians for Equal Rights Foundation et al. v. State of California, State Board of Education, State Department of Education, Tony Thurmond, Linda Darling-Hammond et al., San Diego County Superior Court, Case No. 37-2021-00037896-CU-CR-CTL
- 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
- E.E. et al., Disability Rights Education & Defense Fund v. State of California, State Board of Education, State Department of Education et al., United States District Court (No.Dist.CA), Case No. 4:21-cv-7585 and related U.S. Department of Justice complaint and Office of Administrative Hearings complaints
- 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
- Mark S., et al. v. State of California, Tony Thurmond, State Department of Education, State Board of Education, Pittsburg Unified School District, Contra Costa Superior Court, Case No. MSN21-1755
- 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
Assembly Bill 361 (Chapter 165, Statutes of 2021) related to the COVID-19 pandemic 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 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, October 29, 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 live-stream of the meeting so they know when the item that 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: 712-770-4991, Participant Access Code: 3961805
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session Day 1
Wednesday, November 3, 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.
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
Subject: 2022-2023 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor for Consideration and Appointment.
Type of Action: Action, Information
Subject: Reports from the 2021 Student Advisory Board on Education.
Type of Action: Information
Subject: California Assessment of Student Performance and Progress and English Language Proficiency Assessments for California: Approval of the Proposed Contract with Educational Testing Service for the Administration of the California Assessment of Student Performance and Progress and the English Language Proficiency Assessments for California.
Type of Action: Action, Information
- Item 04 Attachment 1 (DOCX)
- Item 04 Attachment 2 (DOCX; 12MB)
- Item 04 Attachment 3 (DOCX)
- Item 04 Attachment 4 (XLSX)
- Item 04 Attachment 5 (DOCX)
- Item 04 Attachment 6 (DOCX)
- Item 04 Attachment 7 (DOCX)
- Item 04 Attachment 8 (DOCX)
- Revised Item 04 Attachment 8 (DOCX; Posted 27-Oct-2021)
The revised attachment removes reference to two proprietary websites of the State of California that were incorrectly attributed as proprietary websites of the Education Testing Service on page 7. - Item 04 Attachment 9 (DOCX)
Subject: The Local Control and Accountability Plan Template – Adoption of the Revised Local Control and Accountability Plan Template and the Template for the One-Time Supplement to the Annual Update to the 2021 – 22 Local Control and Accountability Plan, Consistent with California Education Code sections 52064, 42238.07, and Section 124 of Assembly Bill 130.
Type of Action: Action
- Item 05 Attachment 1 (DOCX)
- Item 05 Attachment 2 (DOCX)
- Item 05 Attachment 3 (DOCX)
- Item 05 Attachment 4 (DOCX)
- Item 05 Attachment 5 (DOCX)
- Item 05 Attachment 6 (DOCX)
Subject: Update to California’s Every Student Succeeds Act State Plan: Approval of the Amendments to the State Plan.
Type of Action: Action, Information
- Item 06 Attachment 2 (DOCX)
- Revised Item 06 Attachment 2 (DOCX; Posted 29-Oct-2021)
This version updates column headers in tables 30b, 31b and 32b. Additionally, it corrects a data error in table 30b and makes grammatical edits in table 28.
Subject: National Board for Professional Teaching Standards Certification Incentive Program.
Type of Action: Action, Information
PUBLIC HEARINGS
The following Public Hearings will commence no earlier than 1:00 p.m. on Wednesday, November 3, 2021. The Public Hearing listed below will be held as close to 1:00 p.m. as the business of the State Board permits.
Subject: 2021 Arts Education Adoption of K–8 Instructional Materials: Instructional Quality Commission Recommendations.
Type of Action: Action, Information, Public Hearing
Subject: 2021 World Languages Adoption of K–8 Instructional Materials: Instructional Quality Commission Recommendations.
Type of Action: Action, Information, Public Hearing
END OF PUBLIC HEARINGS
WAIVERS / ACTION AND CONSENT ITEMS
The following agenda items include waivers that are proposed for consent and those waivers scheduled for separate action because the California Department of Education (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 Kindergarten)
Subject: Request by the Manteca Unified School District under the authority of California Education Code (EC) Section 41382, to waive portions of EC Section 41378, relating to class size penalties for Kindergarten. Allowable districtwide class size average is 31 with no individual class larger than 33 students for Kindergarten. The district wishes to increase its individual class size to 40 students for Kindergarten classes.
Waiver Number: 13-6-2021
(Recommended for APPROVAL)
CLASS SIZE PENALTIES (Over Limit on Grades 1-3)
Subject: Request by the Manteca Unified School District under the authority of California Education Code (EC) Section 41382, to waive portions of EC Section 41376(a), (c), and (d) relating to class size penalties for grades one through three. Allowable districtwide class size average is 30 with no individual class larger than 32 students for grades one to three. The district wishes to increase its individual class size to 40 for grades one to three in its Independent Study program.
Waiver Number: 12-6-2021
(Recommended for APPROVAL)
CLASS SIZE PENALTIES (Over Limit on Grades 1-3)
Subject: Request by the Palmdale 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 with no individual class larger than 32 students for grades one to three. The district wishes to increase its individual district class size to 34 for grades one to three.
Waiver Number: 2-8-2021
(Recommended for APPROVAL)
INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Below 1982-83 Base Minimum Minutes)
Subject: Request by the Nevada Joint Union High School District (NJUHSD), a district under the authority of the California Education Code (EC) Section 46206(a), to waive EC Section 46201(a), the audit penalty for offering insufficient instructional minutes during the 2018–19 school year.
Waiver Number: 18-2-2020
(Recommended for APPROVAL WITH CONDITIONS)
OTHER WAIVERS (Employment - Retirement System)
Subject: Request by Mendocino County Office of Education to waive California Education Code Section 45134(c), to allow the employment of a State Teachers’ Retirement System retiree in a classified position on a temporary basis.
Waiver Number: 7-8-2021
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)
Subject: Requests by two local educational agencies 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 Numbers:
- Paso Robles Joint Unified School District 9-8-2021
- Santa Clara Unified School District 1-7-2021
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Algebra I Requirement for Graduation)
Subject: Request by Cabrillo Point Academy to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2020–21 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for one student with disabilities based on Education Code Section 56101, the special education waiver authority.
Waiver Number: 3-8-2021
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/NPA or NPS Certification)
Subject: Request by the Lake Elsinore 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 middle school student with disabilities at an uncertified out-of-state school for students with disabilities located in Troy, Montana.
Waiver Number: 25-6-2021
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/NPA or NPS Certification)
Subject: Request by the Mountain Empire 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 Canton, Massachusetts.
Waiver Number: 2-7-2021
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/NPA or NPS Certification)
Subject: Request by the San Mateo Union High 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 Mohegan Lake, New York.
Waiver Number: 5-8-2021
(Recommended for APROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/NPA or NPS Certification)
Subject: Request by the San Mateo Union High 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 Mohegan Lake, New York.
Waiver Number: 6-8-2021
(Recommended for APROVAL WITH CONDITIONS)
END OF WAIVERS
Subject: Approval of 2021–22 Consolidated Applications.
Type of Action: Action, Information
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 2020–2021 Educational Testing Service Contract.
Type of Action: Action, Information
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 2020–2021 Regents of the University of California, Santa Cruz Contract.
Type of Action: Action, Information
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
Subject: Approval of Charter School Numbers Assigned to Newly Established Charter Schools.
Type of Action: Action, Information
Subject: Mathematics Framework for California Public Schools, Kindergarten Through Grade Twelve, 2022 Revision: Approval of the Revision of the Schedule of Significant Events.
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
CONTINUATION OF MEETING
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session Day 2
Thursday, November 4, 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.
Subject: The California Community Schools Partnership Program proposed application process and administration plan.
Type of Action: Action, Information
Subject: New Targets for State Performance Plan Indicators in the Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004, covering program years 2020–21 through 2025–26.
Type of Action: 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, October 29, 2021. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.