SBE Agenda for March 2023
Agenda for the California State Board of Education (SBE) meeting on March 8-9, 2023.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, March 8, 2023
1:00 p.m. Pacific Time ±
STATE BOARD OF EDUCATION
Study Session. Study 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, March 9, 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
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 (N.D. Cal.), 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@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.
The March 2023 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 due to public health considerations, 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.
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, March 3, 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
- 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: 717-908-1926
- Participant Access Code: 1166083#
In Person
Public comment may also be provided in person at the SBE meeting.
However, capacity may be limited due to public health considerations, 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, Day 1
Wednesday, March 8, 2023 – 1:00 p.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
BOARD MEMBER STUDY SESSION: ASSESSMENT
AGENDA ITEM DAY 1
PLEASE NOTE: The Wednesday session of the State Board of Education will be a study session of the board. Board members will be engaging in small group discussions among themselves. Members of the public may observe the small group discussions from chairs set up around the edge of the room; however seating may be limited due to public health considerations. The meeting will be livestreamed and public comment may be made via email, phone or in person as noted under the "Public Comment Guidelines" above.
Subject: Study Session on Assessment Innovations That Can Better Support Teaching and Learning.
Type of Action: Information
Individual speakers will be limited to one minute each for public comment, and should follow instructions provided above.
END OF DAY’S SESSION
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session, Day 2
Thursday, March 9, 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.
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
Subject: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: 2022 California School Dashboard and 2021–22 Data Release, and Update on the Continuing Work and Revisions under Consideration for the 2023 Dashboard.
Type of Action: Action, Information
Subject: Developing an Integrated Local, State, and Federal Accountability and Continuous Improvement System: Recommended Action Regarding the Local Indicator Self-Reflection Tool for Priority 6: School Climate.
Type of Action: Action, Information
Subject: State Seal of Civic Engagement Program Update
Type of 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, Consent
Subject: Approval of the Fiscal Year 2022–23 Career Technical Education Incentive Grant Allocations Round 8B.
Type of Action: Action, Information, Consent
Subject: Approval of 2022–23 Consolidated Applications.
Type of Action: Action, Information, Consent
Item 09 Revision Notes
As discussed during the presentation on this Item, Revised Item 09 and Revised Item 09 Attachment 1 correct the following errors contained within the original versions of Item 09 and Item 09 Attachment 1 as follows:
- Item 09: (1) on pages 1 and 8, the references to "Attachment 1" are corrected to "Revised Attachment 1"; (2) on page 6, the total number of planning grantees, from 227 to 226; and (3) on page 6, the total planning grant funding remaining, from $204,181,985 to $204,121,846.
- Item 09 Attachment 1: (1) on page 6, renumbered grantees beginning with #100; (2) on page 8, the grant award for Rocklin Unified School District from $139,861 to $200,000; (3) on page 12, the total number of planning grantees, from 227 to 226; and (4) on page 12, the total award amount, from $44,834,293 to $44,894,432
Revised Item 09 (DOCX; Posted 15-Mar-2023)
Item 09 (DOCX)
Subject: California Community Schools Partnership Program: Approval of Cohort 2 Planning Grantees.
Type of Action: Action, Information
- Revised Item 09 Attachment 1 (DOCX; Posted 15-Mar-2023)
Item 09 Attachment 1 (DOCX) - Item 09 Attachment 2 (XLSX)
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.
ADMINISTRATOR/TEACHER RATIO (Administrator/Teacher Ratio in High School District)
Subject: Request by Oroville Union High School District to waive California Education Code Section 41402(c), which sets the ratio of administrators to teachers for high school districts at seven administrators for every 100 teachers.
Waiver Number: 9-11-2022
(Recommended for APPROVAL)
COMMUNITY DAY SCHOOLS (CDS) (Minimum School Day)
Subject: Request by the Madera Unified School District to waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.
Waiver Number: 3-10-2022
(Recommended for APPROVAL WITH CONDITIONS)
SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)
Subject: Request by Hayward Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 5-10-2022
(Recommended for APPROVAL WITH CONDITIONS)
SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)
Subject: Request by Moorpark Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 8-10-2022
(Recommended for APPROVAL WITH CONDITIONS)
Item W-05 Revision Notes
- Attachment 4, the waiver application for the San Marcos Unified School District, was replaced with the correct version of the waiver application submitted by the district. Accordingly, the Item and Attachment 1 were both revised to reflect the correct application with: (1) the date of submission and application number from 8-11-2022 to 11-12-22 on page 1 of the Item and page 2 of Attachment 1 and (2) the Bargaining Unit position of the San Marcos Educators Association on page 2 of Attachment 1.
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Revised Item W-05 (DOCX; Posted 3-Mar-2023)
Item W-05 (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:
- Chula Vista Elementary School District (CVESD) 1-11-2022
- Hemet Unified School District (HUSD) 2-12-2022
- San Marcos Unified School District (SMUSD) 11-12-2022 (Revised 3-Mar-2023)
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/ NPA or NPS Certification)
Subject: Request by the Hanford Elementary School District and Kings County Special Education Local Plan Area to waive California Education Code Section 56366(d), the requirement for state certification, to allow the use of federal and state special education funds for the placement of one middle school student with disabilities at the Renewed Hope Ranch, an uncertified nonpublic school for students with disabilities with a residential treatment center located in Enoch, Utah.
Waiver Number: 7-10-2022
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/ NPA or NPS Certification)
Subject: Request by the Mountain Empire Unified School District to waive California Education Code Section 56366(d), the requirement for state certification, to allow the use of federal and state special education funds for the placement of one high school student with disabilities at the Judge Rotenberg Educational Center, an uncertified nonpublic school for students with disabilities with a residential treatment center located in Canton, Massachusetts.
Waiver Number: 8-9-2022
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/ NPA or NPS Certification)
Subject: Request by the Oceanside Unified School District and the North Coastal Consortium for Special Education to waive California Education Code Section 56366(d), the requirement for state certification, to allow the use of federal and state special education funds for the placement of one middle school student with disabilities at the Devereux Texas Treatment Network, an uncertified nonpublic school for students with disabilities with a residential treatment center, in League City, Texas.
Waiver Number: 6-8-2022
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/ NPA or NPS Certification)
Subject: Request by the Saddleback Valley Unified School District and South Orange County Special Education Local Plan Area to waive California Education Code Section 56366(d), the requirement for state certification, to allow the use of federal and state special education funds for the placement of one high school student with disabilities at the Devereux Texas Treatment Network, an uncertified nonpublic school for students with disabilities with a residential treatment center, in League City, Texas.
Waiver Number: 3-8-2022
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Child Specific/ NPA or NPS Certification)
Subject: Request by the Sweetwater Union High School District and the San Diego South County Special Education Local Plan Area to waive California Education Code Section 56366(d), the requirement for state certification, to allow the use of federal and state special education funds for the placement of one high school student with disabilities at the Devereux Texas Treatment Network, an uncertified nonpublic school for students with disabilities with a residential treatment center, in League City, Texas.
Waiver Number: 8-5-2022
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Subject: Requests by San Joaquin County Office of Education to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Kristy Jamieson and Vanessa Abrego to continue to provide services to students until August 2, 2023, under a remediation plan to complete those minimum requirements.
Waiver Numbers:
- 4-11-2022
- 5-11-2022
(Recommended for APPROVAL WITH CONDITIONS)
PHYSICAL FITNESS TESTING (Physical Fitness Testing)
Subject: Request by Roseville Joint Union High to waive portions of California Education Code Section 60800(a) relating to Physical Fitness Testing, specifically the testing window of February 1 through May 31, to be moved to the fall semester physical education classes.
Waiver Number: 2-8-2022
(Recommended for APPROVAL)
END OF WAIVERS
Item 10 Revision Notes
- Reposting revised versions of Item 10 and Item 10 Attachment 1 to correct errors regarding the Charter School Revolving Loan amount, from $86,002 to $86,668. The corrected figures are on page 5 of Item 10 and page 4 of Item 10 Attachment 1.
Revised Item 10 (DOCX; Posted 7-Mar-2023)
Item 10 (DOCX)
Subject: T.I.M.E. Community: Consider Issuing a Notice of Violation Pursuant to California Education Code Section 47607(g).
Type of Action: Action, Information
- Revised Item 10 Attachment 1 (DOCX; Posted 7-Mar-2023)
Item 10 Attachment 1 (DOCX) - Item 10 Attachment 2 (PDF; 2MB)
- Item 10 Attachment 3 (PDF)
- Item 10 Attachment 4 (PDF; 2MB)
- Item 10 Attachment 5 (PDF; 3MB)
- Item 10 Attachment 6 (PDF; 20MB)
- Item 10 Attachment 7 (PDF; 2MB)
- Item 10 Attachment 8 (PDF; 3MB)
- Item 10 Attachment 9 (PDF; 91MB)
- Item 10 Attachment 10 (PDF; 3MB)
- Item 10 Attachment 11 (PDF; 5MB)
- Item 10 Attachment 12 (PDF)
- Item 10 Attachment 13 (PDF; 1MB)
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, March 3, 2023. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.