SBE Agenda for January 2022
Agenda for the California State Board of Education (SBE) meeting on January 12, 2022.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, January 12, 2022
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
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.
- 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 January 2022 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, January 7, 2022. 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: 667-770-1381, Participant Access Code: 4337117
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session
Wednesday, January 12, 2022 – 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: 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; and other matters of interest.
Type of Action: Action, Information
Subject: Approval of The Proposed California Community Schools Partnership Program Framework; Approval of the Amendment to the Administrative Plan; and an Update of the California Community Schools Partnership Program Activities.
Type of Action: Action, Information
To meet all 508 requirements for web posting, Attachment 2 was split into three attachments: 2, 2a, and 2b. The item was edited to reflect the new attachment numbering scheme. In addition, the contract number for Attachment 2 was added. The edit to Attachment 4 was to fix a typographical error.
Revised Item 03 (DOCX; Posted 5-Jan-2022)
Item 03 (DOCX)
Subject: The California Assessment of Student Performance and Progress and the English Language Proficiency Assessments for California: Approval of the Proposed Contract Amendment Extension with the University of California, Santa Cruz for the California Educator Reporting System; Approval of Revisions to the Student Score Reports for the California Assessment of Student Performance and Progress and the English Language Proficiency Assessments for California; and an Update on Program Activities.
Type of Action: Action, Information
- Revised Item 03 Attachment 2 (DOCX; Posted 5-Jan-2022)
- Revised Item 03 Attachment 2a (DOCX; Posted 5-Jan-2022)
- Revised Item 03 Attachment 2b (XLSX; Posted 5-Jan-2022)
- Item 03 Attachment 3 (PDF; Posted 31-Dec-2021)
Subject: State Annual Performance Report for Part B of the Individuals with Disabilities Education Act of 2004 covering program year 2020–21.
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)
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:
- Cloverdale Unified School District Fed-7-2021
- Templeton Unified School District Fed-8-2021
(Recommended for APPROVAL)
PHYSICAL EDUCATION PROGRAM (Block Schedules)
Subject: Request by Washington Unified School District to waive portions of California Education Code Section 51222(a), related to the statutory minimum requirement of 400 minutes of physical education each 10 school days for students in grades nine through twelve in order to implement a block schedule at River City High School.
Waiver Number: 2-9-2021
(Recommended for APPROVAL WITH CONDITIONS)
INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Below 1982-83 Base Minimum Minutes)
Subject: Request by National Elementary School District (NESD), a district under the authority of the California Education Code Section 46206(a), to waive Education Code Section 46201(a), the audit penalty for offering insufficient instructional minutes during the 2019–20 school year.
Waiver Number: 1-8-2021
(Recommended for APPROVAL WITH CONDITIONS)
SALE OR LEASE OF SURPLUS PROPERTY (Sale or Lease of Surplus Property)
Subject: Request by three local educational agencies to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Numbers:
- Beverly Hills Unified School District 1-10-2021
- Beverly Hills Unified School District 8-9-2021
- North Monterey County Unified School District 5-9-2021
- Oceanside Unified School District 9-9-2021
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified after 2000)
Subject: Request by three local educational agencies to waive California Education Code sections 15102, 15268, 15106, and 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:
- Calexico Unified School District 5-10-2021
- El Monte City School District 1-11-2021
- Rio Elementary School District 7-10-2021
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (60 day Requirement to Fill Board Vacancy)
Subject: Request by Vallecitos Elementary School District to waive portions of California Education Code Section 5091, which will allow the board of trustees to make a provisional appointment to a vacant board position past the 60-day statutory deadline.
Waiver Number: 7-9-2021
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)
Subject: Request by Jurupa 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: 4-9-2021
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Size of Governing Board)
Subject: Request by San Juan Unified School District to waive California Education Code sections 5020 and 5022, and portions of sections 5018 and 5019, which will allow the district governing board to increase the number of board members from five to seven and fill the two additional board seats through an election.
Waiver Number: 3-10-2021
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (Lapsation of a Small District)
Subject: Request by Big Sur Unified School District to waive portions of California Education Code Section 35780, which require lapsation of a district with an average daily attendance of less than 11 in ninth through twelfth grades.
Waiver Number: 3-9-2021
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOLSITE COUNCIL STATUTE (Number and Composition of Members)
Subject: Request by Hilmar Unified School District under the authority of California Education Code (EC) Section 65001(e) for waivers of EC Sections 65000 and 65001, relating to Schoolsite Councils regarding changes in shared, composition, or shared and composition members.
Waiver Number: 2-10-2021
(Recommended for APPROVAL WITH CONDITIONS)
END OF WAIVERS
Subject: State Educational Agency Approval of the 2021–22 Local Educational Agency Comprehensive Support and Improvement Plans Authorized Under the Every Student Succeeds Act Section 1111(d).
Type of Action: Action, Information
Subject: California Assessment of Student Performance and Progress and English Language Proficiency Assessments for California Regulations—Approve Commencement of a 45-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5 (5 CCR), sections 850, 851.5, 853, 854.5, 854.9, 855, 857, 859, and 863 and the Proposed Deletions of sections 854.1, 854.2, 854.3 and 854.4 to implement Education Code Section 60640 and for Proposed Amendments 5 CCR sections 11518, 11518.5, 11518.15, 11518.20, 11518.25, 11518.35, 11518.37, 11518.40, 11518.50, and 11518.65 and the addition of Section 11518.16 to implement Education Code sections 313 and 60810.
Type of Action: Action, Information
Subject: Physical Fitness Test – Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Section 1040.
Type of Action: Action, Information
Subject: Approval of 2021–22 Consolidated Applications.
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: 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
Subject: 2022 United States Senate Youth Program: Recognition of California’s Selected Student Delegates and Alternates.
Type of Action: Information
Pursuant to EC 47607(g), Item 12 is no longer a public hearing as of December 29, 2021
Item 12 and Item 12 Attachment 1 were revised on December 31, 2021 because the October attendance for ECA is 14 students not 15 students.
Revised Item 12 (DOCX; Posted 31-Dec-2021)
Item 12 (DOCX)
Subject: Eagle Collegiate Academy: Consider Issuing a Notice of Violation Pursuant to California Education Code Section 47607(g).
Type of Action: Action, Information
- Revised Item 12 Attachment 1 (DOCX; Posted 31-Dec-2021)
- Item 12 Attachment 1 (DOCX)
- Item 12 Attachment 2 (PDF)
- Item 12 Attachment 3 (DOCX)
- Item 12 Attachment 4 (PDF)
- Item 12 Attachment 5 (DOCX)
- Item 12 Attachment 6 (PDF; 20MB)
- Item 12 Attachment 7 (DOCX)
- Item 12 Attachment 8
- Item 12 Attachment 9 (DOCX)
- Item 12 Attachment 10 (DOCX)
- Item 12 Attachment 11 (DOCX)
- Item 12 Attachment 12 (DOCX)
- Item 12 Attachment 13 (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
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, January 7, 2022. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.