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SBE Agenda for January 2023

Agenda for the California State Board of Education (SBE) meeting on January 19-20, 2023.
Important Notice
Please note, the January 2023 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

Thursday, January 19, 2023
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

Friday, January 20, 2023
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 J. 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
  • 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
  • Napa Valley Unified School District v. California State Board of Education, Napa Foundation for Options in Education (Mayacamas Charter Middle School), Napa County Board of Education, Real Parties in Interest, Sacramento County Superior Court, Case No. 34-2022-80004051-CU-WM-GDS
  • 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
  • S.F., X.T., and John Srebalus v. State of California, Tony Thurmond, the California Department of Education, and the State Board of Education and Does 1-100, Los Angeles County Superior Court
  • 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@sbe.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 January 19-20, 2023 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, January 13, 2023. Comments should be submitted to the SBE mailbox at: SBE@sbe.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

Thursday, January 19, 2023 – 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 (DOCX)

Subject: 2023 United States Senate Youth Program: Recognition of California’s Selected Student Delegates and Alternates.

Type of Action: Information


Item 03 (DOCX)

Subject: The California Assessment of Student Performance and Progress and the English Language Proficiency Assessments for California: Update on Program Activities.

Type of Action: Information


Item 04 Revision Notes
  • Reposting a revised version of Item 04 Attachment 2 to correct an error in the previous version that was located in the total dollar amount for "Total 2022–23 CTEIG Allocation (To Date)" on page 13.

Item 04 (DOCX)

Subject: Approval of the fiscal year 2022–23 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


Item 05 (DOCX)

Subject: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Information Item Related to the Implementation and Use of School Climate Surveys to Improve Outcomes, as Required in the State Board of Education Adopted Local Indicator Self-Reflection Tool for Priority 6: School Climate.

Type of Action: Information


Item 06 (DOCX)

Subject: Consideration of Requests 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, Consent


Item 07 (DOCX)

Subject: Approval of a Charter School Number Assigned to a Newly Established Charter School: Oxford Preparatory Academy – Middle School.

Type of Action: Action, Information, Consent


Item 08 (DOCX)

Subject: State Educational Agency Approval of the 2022–23 Local Educational Agency Comprehensive Support and Improvement Plans Authorized Under the Every Student Succeeds Act Section 1111(d).

Type of Action: Action, Information, Consent


Item 09 (DOCX)

Subject: Request to Ratify a Waiver for Los Angeles Unified School District Fiscal Year 2020 Title I, Part A and General Education Provisions Act Funding.

Type of Action: Action, Information, Consent


Item 10 (DOCX)

Subject: Developments in the Expansion of Transitional Kindergarten: Update on Universal PreKindergarten and PreKindergarten to Third Grade Alignment.

Type of Action: Information

END OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session, Day 2

Friday, January 20, 2023 – 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.

Item 11 (DOCX)

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

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 Westwood Unified School District 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 Number: Fed-5-2022

(Recommended for APPROVAL)


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

Item W-02 (DOCX)

Subject: Request by two 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 (BCOE) 6-10-2022
  • Madera County Superintendent of Schools (MCSS) 4-10-2022

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-03 (DOCX)

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

Waiver Numbers:

  • Berryessa Union Elementary School District 7-9-2022
  • Rim of the World Unified School District 1-9-2022

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-04 (DOCX)

Subject: Request by Torrance Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Number: 9-9-2022

(Recommended for APPROVAL WITH CONDITIONS)


SCHOOL DISTRICT REORGANIZATION (60-day Requirement to Fill Board Vacancy)

Item W-05 (DOCX)

Subject: Request by Columbia Elementary School District to waive portions of California Education Code Section 5091, which requires the board of trustees to make an appointment to fill a vacant board position within 60 days of the position becoming vacant.

Waiver Number: 5-9-2022

(Recommended for APPROVAL)

END OF WAIVERS


Item 12 (DOCX)

Subject: State Annual Performance Report for Part B of the Individuals with Disabilities Education Act (IDEA) of 2004 covering program year 2021–22.

Type of Action: Action, Information


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/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@sbe.ca.gov, with the item number clearly marked in the subject line no later than 12 Noon on Friday, January 13, 2023. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.

Questions: State Board of Education | SBE@sbe.ca.gov | 916-319-0827 
Last Reviewed: Wednesday, January 18, 2023
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