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SBE Agenda for March 2022

Agenda for the California State Board of Education (SBE) meeting on March 9-10, 2022.
Important Notice
Please note, the March 2022 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
  • Cynthia Glover-Woods, Vice President
  • Francisco Escobedo
  • Brenda Lewis
  • Jim McQuillen
  • Sharon Olken
  • Gabriela Orozco-Gonzalez
  • Kim Pattillo Brownson
  • Haydee Rodriguez
  • Rana Banankhah, Student Member
  • Vacancy

Secretary & Executive Officer

  • Hon. Tony Thurmond

Executive Director

  • Brooks Allen

Schedule of Meeting

Wednesday, March 9, 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.

Schedule of Meeting

Thursday, March 10, 2022
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


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
  • 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 January 5, 2022 Governor Gavin Newsom issued Executive Order N-1-22 related to the COVID-19 pandemic. The Executive Order extends the flexibilities provided by Executive Order N-29-20 to allow 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 March 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 Input 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, March 4, 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: 717-908-1926, Participant Access Code: 1166083#

CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 1

Wednesday, March 9, 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 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: The California Assessment of Student Performance and Progress and the English Language Proficiency Assessments for California: Approval of the Revised Student Score Reports for both the 2022–23 Initial English Language Proficiency Assessments for California and Initial Alternate English Language Proficiency Assessments for California, and an Update on Assessment Program Activities.

Type of Action: Action, Information


Changes in March 2022 SBE Item 03:

  • On page 4 of the item and page 16 of Attachment 1, provided language to clarify how California intends to meet the 90-day requirement for 2022–23.
  • On page 8 of Attachment 1, updated estimates were provided in tables 8 and 9 based on recent registration data.

Revised Item 03 (DOCX; Posted 3-Mar-2022)
Item 03 (DOCX)

Subject: The Federal Every Student Succeeds Act: Authorization to Pursue a Waiver for the 2021–22 School Year of the 1.0 Percent Cap on the Percentage of Eligible Students with the Most Significant Cognitive Disabilities Who May Be Assessed with an Alternate Assessment Aligned with Alternate Academic Achievement Standards for English Language Arts/Literacy, Mathematics, and Science and Other Related Waivers.

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: 2020–21 Data Release, 2022 Accountability Considerations, Continuing Development Work for Future California School Dashboards, California’s Dashboard Alternative School Status Program, and the 2021–2022 Addendum Template for the Elementary and Secondary Education Act Consolidated State Plan.

Type of Action: Action, Information


Item 05 (DOCX)

Subject: Eagle Collegiate Academy: Consider Evidence Regarding a Notice of Violation Issued by the California State Board of Education, pursuant to California Education Code Section 47607(g), and Consider Issuing a Notice of Intent to Revoke with Notice of Facts, pursuant to California Education Code Section 47607(h).

Type of Action: Action, Information


Item 06 (DOCX)

Subject: Approval of Modifications to California’s 2020–23 Unified Strategic Workforce Development Plan.

Type of Action: Action, Information


Item 07 was withdrawn by the SBE Office on March 7, 2022.

Item 07

Subject: Update of Performance Standards of Local Indicators and Self-Reflection Tools for Local Indicator Reporting within the California School Dashboard.

Type of Action: Action, Information

[Note: the preceding information about Item 07 contains strikethroughs which indicate the item has been withdrawn.]


Item 08 (DOCX)

Subject: Approval of a Charter School Number Assigned to a Newly Established Charter School.

Type of Action: Action, Information


Item 09 (DOCX)

Subject: Approval of 2021–22 Consolidated Applications.

Type of Action: Action, Information


Item 10 (DOCX)

Subject: Extended School Year - Approve Commencement of a 45-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Section 3043.

Type of Action: Action, Information

END OF DAY'S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 2

Thursday, March 10, 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 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 Hearings will commence no earlier than 8:30 a.m. on Thursday, March 10, 2022. 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: Eagle Collegiate Academy: Hold a Public Hearing and Consider Revocation of the Charter, pursuant to California Education Code Section 47607(h).

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARING


Item 12 (DOCX)

Subject: Approval of the fiscal year 2021–22 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


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 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:

  • Los Angeles Academy of Arts and Enterprise Fed-9-2021
  • Pierce Joint Unified School District Fed-10-2021

(Recommended for APPROVAL)


OTHER WAIVERS (Employment - Retirement System)

Item W-02 (DOCX)

Subject: Request by Saint Helena Unified School District to waive California Education Code Section 45134(c), to allow the employment of a State Teachers’ Retirement System retirees in classified athletic coaching positions, as needed, on a temporary basis.

Waiver Number: 2-12-2021

(Recommended for APPROVAL)


OTHER WAIVERS (Personnel Commission)

Item W-03 (DOCX)

Subject: Request by Los Angeles Unified School District to waive portions of California Education Code Section 45272(a), to allow the appointment of applicants from outside the top three ranks on the eligibility lists to classified positions.

Waiver Number: 9-12-2021

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified)

Item W-04 (DOCX)

Subject: Request by the Central Elementary 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 elementary school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for elementary school districts may also apply.

Waiver Number: 10-12-2021

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)

Item W-05 (DOCX)

Subject: Request by San Pasqual Union Elementary School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, which require a districtwide election to establish a by-trustee-area method of election.

Waiver Number: 4-11-2021

(Recommended for APPROVAL)


SCHOOL DISTRICT REORGANIZATION (Size of Governing Board)

Item W-06 (DOCX)

Subject: Request by Westside Elementary School District to waive California Education Code Section 5020 that requires a districtwide election to reduce the number of governing board members from five to three.

Waiver Number: 6-11-2021

(Recommended for APPROVAL)


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

Item W-07 (DOCX)

Subject: Request by Santa Barbara 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 Jordan Hart to continue to provide services to students until November 1, 2022, under a remediation plan to complete those minimum requirements.

Waiver Number: 4-10-2021

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-08 (DOCX)

Subject: Request by three 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 9-10-2021
  • National Elementary School District 7-12-2021
  • San Marcos Unified School District 10-10-2021

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 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, March 4, 2022. 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: Wednesday, March 9, 2022
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