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SBE Agenda for May 2022

Agenda for the California State Board of Education (SBE) meeting on May 18, 2022.

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, May 18, 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.

  • 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
  • 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

Members of the public may view the meeting by live webcast which will subsequently be archived on the SBE webcast webpage.

The May 2022 SBE meeting will be held at the CDE building at the address noted above. The CDE building will be open to the public; however, capacity may be limited in order to allow for physical distancing, and members of the public are strongly encouraged to wear masks while they are in the building.

PUBLIC COMMENT GUIDELINES

Public comment may be made via email, phone or in person.

Email

The public is highly encouraged to submit written comment to the SBE in advance for 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 13, 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
  • Agenda item number(s) or general public comment
Phone

Public comment may also be provided by dialing the phone number below and participant access code and then following the operator’s prompts. Upon dialing in, callers will be added to a caller queue. The operator will notify callers when it is their turn to provide public comment. Public comment will be limited to one minute. Members of the public wishing to dial in for public comment should view the livestream of the meeting. The number and access code will be provided 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 any background sounds so that their input is clearly heard.
  • Each speaker will be allotted one minute of public comment for each agenda item.
  • When the host unmutes the caller to provide public comment:
    • Participants will hear a voice announcement telling them they are unmuted.
    • Host will announce to caller when their time is up.

Please use the phone number and access code provided below:

  • Phone number: 667-770-1381
  • Participant Access Code: 4337117
In Person

Public comment may also be provided in person at the SBE meeting. However, capacity may be limited in order to allow for physical distancing, and members of the public are strongly encouraged to wear masks while in the building. Individuals who wish to provide either general public comment or public comment on a specific agenda item must sign up on the public comment roster prior to the agenda item being heard. Speakers are allotted one minute of public comment for each agenda item.


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session

Wednesday, May 18, 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.

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 Revision Notes
  • Changes in May 2022 SBE Item 02: On page 10 of the item, the titles and page numbers for four attachments were added under the "Attachment(s)" section.
  • Changes in May 2022 SBE Item 02 Attachment 1: One LEA was removed from the list because it is a recommended implementation grantee; therefore, the total number of grant awards was reduced by one, and the total award amount was reduced by $200,000 which caused the remaining balance to increase. Additionally, three CDS codes were corrected.
  • Changes in May 2022 SBE Item 02 Attachment 2: Two LEA names were corrected, one grantee award amount was increased, two grantees were added which caused the total number of grant awards to increase.
  • Changes in May 2022 SBE Item 02 Attachment 2 (Second Revision): Two grantees were originally combined; therefore, one grantee was added and one grantee’s award amount was reduced. One LEA name was updated on the school site list. Twelve rural/small school sites were added; these additions increased the award amount for seven LEAs and added two LEAs which increased the total number of awardees and the total award amount.

Revised Item 02 (DOCX; Posted 11-May-2022)
Item 02 (DOCX)

Subject: California Community Schools Partnership Program: Approval of Cohort 1 Planning and Implementation Grantees, and Lead Technical Assistance Center Contract Awardee.

Type of Action: Action, Information


Item 03 (DOCX)

Subject: The California Assessment of Student Performance and Progress System and English Language Proficiency Assessments for California: Approval of the 2021–22 Apportionment Rates, Approval of the Proposed Alternate English Language Proficiency Assessments for California Threshold Scores, and Updates on Assessment Program Activities.

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.

SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)

Item W-01 (DOCX)

Subject: Request by the Turlock Unified School District to waive California Education Code sections specific to statutory provisions for the commissioning of an advisory committee and for the sale or lease of surplus property.

Waiver Number: 16-12-2021

(Recommended for APPROVAL WITH CONDITIONS)


SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)

Item W-02 (DOCX)

Subject: Request by two local education agencies to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Numbers:

  • Long Beach Unified School District 5-2-2022
  • Napa Valley Unified School District 8-1-2022

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-03 (DOCX)

Subject: Request by four local education 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:

  • Fremont Union High School District 6-1-2022
  • Hemet Unified School District 11-12-2021
  • Oroville City Elementary School District 5-1-2022
  • San Ysidro Elementary School District 4-2-2022

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-04 (DOCX)

Subject: Request by Moreno Valley Unified School District (MVUSD) and the Moreno Valley Special Education Local Plan Area (MVSELPA) 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 student with disabilities at Devereux Texas Treatment Network (DTTN), an uncertified out-of-state school for students with disabilities located in League City, Texas.

Waiver Number: 14-12-2021

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-05 (DOCX)

Subject: Request by Rialto Unified School District (RUSD) and the East Vallley Special Education Local Plan Area (EVSELPA) 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 Devereux Texas Treatment Network (DTTN), an uncertified out-of-state school for students with disabilities located in League City, Texas.

Waiver Number: 5-11-2021

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-06 (DOCX)

Subject: Request by Scotts Valley Unified School District (SVUSD) and the North Santa Cruz Special Education Local Plan area (NSCELPA) 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 Melmark School, an uncertified out-of-state school for students with disabilities located in Berwyn, Pennsylvania.

Waiver Number: 1-1-2022

(Recommended for APPROVAL WITH CONDITIONS)


PHYSICAL EDUCATION PROGRAM (Block Schedules)

Item W-07 (DOCX)

Subject: Request by Placer Union High 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 Del Oro High School.

Waiver Number: 1-12-2021

(Recommended for APPROVAL WITH CONDITIONS)


PHYSICAL EDUCATION PROGRAM (Block Schedules)

Item W-08 (DOCX)

Subject: Request by Los Angeles Unified School District to waive portions of California Education Code Section 51222(a), the statutory minimum of 400 minutes of physical education required each 10 school days for students in grades nine through twelve in order to implement a block schedule at: Theodore Roosevelt Senior High; Verdugo Hills Senior High; Nathaniel Narbonne Senior High; Math, Science, and Technology Magnet Academy at Roosevelt High; Arleta High; Edward R. Roybal Learning Center; Gardena Senior High; and John H. Francis Polytechnic High.

Waiver Number: 7-2-2022

(Recommended for APPROVAL WITH CONDITIONS)


PHYSICAL EDUCATION PROGRAM (Block Schedules)

Item W-09 (DOCX)

Subject: Request by Los Angeles Unified School District to waive portions of California Education Code Section 51222(a), the statutory minimum of 400 minutes of physical education required each 10 school days for students in grades nine through twelve in order to implement a block schedule at The Academy of Scientific Exploration at Cesar Chavez Learning Center Academies.

Waiver Number: 7-2-2022

(Recommended for APPROVAL WITH CONDITIONS)


PHYSICAL EDUCATION PROGRAM (Block Schedules)

Item W-10 (DOCX)

Subject: Request by Placer Union High School District to waive portions of California Education Code Section 51222(a), related to the statutory minimum of 400 minutes of physical education required each 10 school days for students in grades nine through twelve in order to implement a block schedule at Colfax High School.

Waiver Number: 8-2-2022

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 04 (DOCX)

Subject: Consideration of a Request for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances 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 05 (DOCX)

Subject: Approval of the Fiscal Year 2021–22 Career Technical Education Incentive Grant Allocations Round 7B.

Type of Action: Action, Information


Item 06 (DOCX)

Subject: Physical Fitness Test: Approve the Finding of Emergency and Readopt the Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Section 1040.

Type of Action: Action, Information


Item 07 (DOCX)

Subject: Physical Fitness Test: Approve Commencement of a 45-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 1040, 1043, 1043.4, 1043.6, 1043.8 and 1044.

Type of Action: Action, Information


Item 08 (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 09 (DOCX)

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

Type of Action: Action, Information


Item 10 (DOCX)

Subject: State Educational Agency Approval of the Remaining 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


Item 11 (DOCX)

Subject: Approval of 2021–22 Consolidated Applications.

Type of Action: Action, Information


Item 12 (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, May 13, 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, May 18, 2022
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