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SBE Agenda for September 2022

Agenda for the California State Board of Education (SBE) meeting on September 14-15, 2022.
Important Notice
Please note, the September 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
  • James J. McQuillen
  • Sharon Olken
  • Gabriela Orozco-Gonzalez
  • Kim Pattillo Brownson
  • Haydee Rodriguez
  • Alison Yoshimoto-Towery
  • Naomi Porter, Student Member

Secretary & Executive Officer

  • Hon. Tony Thurmond

Executive Director

  • Brooks Allen

Schedule of Meeting

Wednesday, September 14, 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

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, September 15, 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


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
  • 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.

On June 30, 2022 Governor Gavin Newsom signed SB 189 (Chapter 44, Statutes of 2022) which added Government Code section 11133 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 through June 30, 2023. As such, the September 14-15, 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.

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, September 9, 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 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: 717-908-1926
  • Participant Access Code: 1166083#

CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 1

Wednesday, September 14, 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 President and liaison reports; training of Board members; and other matters of interest.

Type of Action: Action, Information


Item 02 Revision Notes
  • The agenda item and Attachment 1 for Item 02 have been revised to correct two errors that are both typos of the same word.

Revised Item 02 (DOCX; Posted 13-Sep-2022)
Item 02 (DOCX)

Subject: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Eligibility Criteria for Differentiated Assistance, Connecting the Dashboard to the Teacher Assignment Data and Science Test Results, California School Dashboard Principles, and Information on the English Learner Student Group for the Academic Indicators.

Type of Action: Action, Information


Item 03 (DOCX)

Subject: Update on the Dashboard Alternative School Status Request for a Waiver Pursuant to Section 8401 of the Elementary and Secondary Education Act of 1965.

Type of Action: Action, Information


Item 04 Revision Notes
  • Attachment 4 for Item 04 has been revised to correct an error on the grade 11 Smarter Balanced Student Score Report regarding a typo in the link for the CSU Student Success web page.

Item 04 (DOCX)

Subject: The California Assessment of Student Performance and Progress System and the English Proficiency Assessments for California Update: Request for Approval of the Proposed California Alternate Assessment for Science Threshold Scores, the Smarter Balanced Summative Assessments for English Language Arts/Literacy and Mathematics Blueprints, and the 2022–23 California Assessment of Student Performance and Progress and the English Language Proficiency Assessments for California Student Score Reports; and an Update on Assessment Program Activities.

Type of Action: Action, Information


Item 05 (DOCX)

Subject: Extended School Year – Adopt amendments to California Code of Regulations, Title 5, Section 3043.

Type of Action: Action, Information, Consent


Item 06 (DOCX)

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

Type of Action: Action, Information, Consent


Item 07 (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, Consent


Item 08 (DOCX)

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

Type of Action: Action, Information, Consent


Item 09 (DOCX)

Subject: Appeal of the Denial of a Petition for the Establishment of a Classroom-Based Charter School Pursuant to California Education Code Section 47605(k)(2): Consideration of Evidence to Hear or Summarily Deny the Appeal of Caliber: High School, which was denied by the Vallejo City Unified School District and the Solano County Board of Education.

Type of Action: Action, Information


Item 10 (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

END OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 2

Thursday, September 15, 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.

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.

SCHOOLSITE COUNCIL STATUTE (Shared Schoolsite Council with Reduced Number and Composition)

Item W-01 (DOCX)

Subject: Request by the Northern Humboldt Union High School District under the authority of California Education Code Section 65001(e) for waivers of California Education Code sections 65000 and 65001, relating to Schoolsite Councils regarding changes in shared, composition, or shared and composition members.

Waiver Number: 11-5-2022

(Recommended for APPROVAL WITH CONDITIONS)


CITIZENS OVERSIGHT COMMITTEE

Item W-02 (DOCX)

Subject: Request by Hacienda la Puente Unified to waive portions of California Education Code Section 15282(a), relating to number of members and term limits for members of a Citizens’ Oversight Committee for all construction bonds in the district.

Waiver Number: 20-3-2022

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-03 (DOCX)

Subject: Request by Jefferson Union High to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Number: 8-3-2022

(Recommended for APPROVAL WITH CONDITIONS)


FEDERAL PROGRAM WAIVER (Carl D. Perkins Voc and Tech Ed Act)

Item W-04 (DOCX)

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:

  • Black Oak Mine Unified Fed-4-2022
  • Durham Unified Fed-3-2022

(Recommended for APPROVAL)


PHYSICAL EDUCATION PROGRAM (Block Schedules)

Item W-05 (DOCX)

Subject: Request by Fortuna Union High 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 Fortuna High School.

Waiver Number: 1-4-2022

(Recommended for APPROVAL WITH CONDITIONS)


PHYSICAL EDUCATION PROGRAM (Block Schedules)

Item W-06 (DOCX)

Subject: Request by Placer Union High 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 Placer High School.

Waiver Number: 15-4-2022

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-07 (DOCX)

Subject: Request by Rialto Unified to waive California Education Code (EC) Section 56366(d), the requirement for nonpublic, nonsectarian schools or agencies to be state-certified, to allow the use of federal and state special education funds for the placement of one student with disabilities at the Sandy Pines Residential Treatment Center (Sandy Pines) in Jupiter, Florida an uncertified school for students with disabilities with a residential treatment center (RTC).

Waiver Number: 7-5-2022

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-08 (DOCX)

Subject: Request by 9 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:

  • Cascade Union Elementary School District 2-5-2022
  • Gateway Unified School District 12-4-2022
  • Mariposa County Office of Education 13-4-2022
  • North Monterey County Unified School District 4-5-2022
  • Paradise Unified School District 5-5-2022
  • Shasta Union High School District 1-6-2022
  • South Whittier Elementary School District 11-4-2022
  • Summerville Union High School District 10-5-2022
  • Tuolumne County Superintendent of Schools 15-5-2022

(Recommended for APPROVAL WITH CONDITIONS)


PHYSICAL FITNESS TESTING (Physical Fitness Testing)

Item W-09 (DOCX)

Subject: Request by Del Norte County Unified to waive Ed Code 60800(a) to administer the physical performance test designated by the state board to grade 9 during the month of February, March, April, or May due to a 4x4 block schedule.

Waiver Number: 16-5-2022

(Recommended for APPROVAL)

END OF WAIVERS


Item 11 (DOCX)

Subject: Appeal of the Denial of a Petition for the Establishment of a Classroom-Based Charter School Pursuant to California Education Code Section 47605(k)(2): Consideration of Evidence to Hear or Summarily Deny the Appeal of Mayacamas Charter Middle School, which was denied by the Napa Valley Unified School District and the Napa County Board of Education.

Type of Action: Action, Information


PUBLIC HEARING

The following Public Hearing will commence no earlier than 9:00 a.m. on Thursday, September 15, 2022. The Public Hearing listed below will be held as close to 9:00 a.m. as the business of the State Board permits.

Item 12 (DOCX)

Subject: Appeal of the Denial of a Petition for the Establishment of a Classroom-Based Charter School Pursuant to California Education Code Section 47605(k)(2): Consideration of the Allegations of Abuse of Discretion made by Mayacamas Charter Middle School, which was denied by the Napa Valley Unified School District and the Napa County Board of Education.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARING

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, September 9, 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: Tuesday, September 13, 2022
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