SBE Agenda for May 2023
Agenda for the California State Board of Education (SBE) meeting on May 18-19, 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
Thursday, May 18, 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, May 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
CLOSED SESSION
The Closed Session may commence as necessary.
- Cayla J. et al. v. State of California et al., Alameda County Superior Court, Case No. RG20084386
- Emma C. et al. v. Tony Thurmond et al., United States District Court (N.D. Cal.), Case No. C-96-4179
- Napa Valley Unified School District v. California State Board of Education et al., Sacramento County Superior Court, Case No. 34-2022-80004051
- California School Boards Association’s Education Legal Alliance v. California State Boad of Education, Sacramento County Superior Court, Case No. 34-2023-80004069
- Mark S. et al. v. State of California et al., Contra Costa Superior Court, Case No. MSN21-1755
- Mirabelli et al. v. Olson et al., United States District Court (S.D. Cal.), Case No. 23-cv-00768
- Patel v. Santa Clara Unified School District et al., Santa Clara County Superior Court, Case No. 20CV365010
- S.F. et al. v. State of California et al., Los Angeles County Superior Court, Case No. 22STCP04310
- 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 May 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 online, by phone, or in person.
Online
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 12, 2023 online to
SBE's Public Comments Form website.
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: 717-908-1937
- Participant Access Code: 4679071
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
Thursday, May 18, 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.
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: Adoption of the Updated List of Valid and Reliable Assessments Required by California Education Code Section 47607.2.
Type of Action: Action, Information
Subject: Approval of the Recommended Summative Alternate English Language Proficiency Assessments for California Threshold for Meeting Reclassification Criterion 1 (Assessment of English Language Proficiency) for English Learner Students with the Most Significant Cognitive Disabilities.
Type of Action: Action, Information
Subject: The California Assessment of Student Performance and Progress and the English Language Proficiency Assessments for California: Approval of the 2022–23 Apportionment Rates and Updates on Program Activities.
Type of Action: Action, Information, Consent
Subject: Instructional Quality Commission Bylaws Revision
Type of Action: Action, Information, Consent
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: Reconsideration of a Request for Determination of Funding as Required for Nonclassroom-Based Charter Schools Pursuant to California Education Code sections 47612.5 and 47634.2, California Code of Regulations, Title 5 Section 11963.6(g), and Associated California Code of Regulations, Title 5.
Type of Action: Action, Information, Consent
Subject: Approval of Charter School Numbers Assigned to Newly Established Charter Schools.
Type of Action: Action, Information, Consent
Subject: California Community Schools Partnership Program: Approval of Cohort 2 Implementation Grantees.
Type of Action: Action, Information
Subject: T.I.M.E. Community: 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
END OF DAY’S SESSION
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session, Day 2
Friday, May 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 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.
COMMUNITY DAY SCHOOLS (CDS) (Minimum School Day)
Subject: Request by the Chaffey Joint Union High School District to waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.
Waiver Number: 1-10-2022
(Recommended for APPROVAL WITH CONDITIONS)
COMMUNITY DAY SCHOOLS (CDS) (Commingle Grade Levels)
Subject: Request by the Chico Unified School District for a waiver of portions of California Education Code Section 48660 to permit the Academy for Change community day school to serve students in grade six with students in grades seven through twelve, but no grade lower than grade six.
Waiver Number: 12-12-2022
(Recommended for APPROVAL WITH CONDITIONS)
COMMUNITY DAY SCHOOLS (CDS) (Minimum School Day)
Subject: Request by the Fort Bragg Unified School District to waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.
Waiver Number: 10-11-2022
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Subject: Request by the San Luis Obispo 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 K.C. Loden to continue to provide services to students until July 31, 2023, under a remediation plan to complete those minimum requirements.
Waiver Number: 4-8-2022
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (Size of Governing Board)
Subject: Request by the Big Lagoon Union Elementary School District to waive California Education Code Section 5020, which requires a districtwide election to reduce the number of governing board members from five to three.
Waiver Number: 8-1-2023
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (60 day Requirement to Fill Board Vacancy)
Subject: Request by the Hughes-Elizabeth Lakes Union 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: 5-2-2023
(Recommended for APPROVAL)
SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)
Subject: Request by the Oceanside Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 1-2-2023
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Citizens Oversight Comittee - Term Limits)
Subject: Request by the Oxnard School District to waive portions of California Education Code Section 15282(a), relating to term limits for members of a Citizens’ Oversight Committee for all construction bonds in the district.
Waiver Number: 6-11-2022
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit)
Subject: Request by ten local educational agencies to waive California Education Code sections 15102, 15268, 15106, and/or 15270(a) to allow the districts to exceed their bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for elementary or high school districts and 2.50 percent of the taxable assessed valuation of property for unified school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for elementary or high school districts and $60 per $100,000 of assessed value for unified school districts may also apply.
Waiver Numbers:
- Alum Rock Union Elementary School District 11-2-2023
- Compton Unified School District 9-2-2023
- Mount Pleasant Elementary School District 4-2-2023
- Muroc Joint Unified School District 12-2-2023
- Oxnard School District 9-12-2022
- Pittsburg Unified School District 10-2-2023
- Planada Elementary School District 7-12-2022
- Rio Elementary School District 6-12-2022
- Selma Unified School District 14-2-2023
- Stockton Unified School District 15-2-2023
(Recommended for APPROVAL WITH CONDITIONS)
OTHER WAIVERS (Employment - Retirement System)
Subject: Request by the Inglewood Unified School District to waive California Education Code Section 45134(c), in which no person shall be employed in a classified position in school employment while he or she is receiving a retirement allowance under any retirement system by reason of prior school employment, to allow a retired individual, Dr. James Morris, to be appointed to a classified position as the County Administrator.
Waiver Number: 5-1-2023
(Recommended for APPROVAL WITH CONDITIONS)
Subject: Request by the 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: 8-12-2022
(Recommended for APPROVAL WITH CONDITIONS)
END OF WAIVERS
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
Subject: Presentation of the California State Plan for Career Technical Education.
Type of Action: Information
Item 13 was not heard. The charter was surrendered by action of the T.I.M.E. Board on May 19, 2023 with a school closure date of June 5, 2023.
PUBLIC HEARING
The following Public Hearing will commence no earlier than 9:00 a.m. on Friday, May 19, 2023. The Public Hearing listed below will be held as close to 9:00 a.m. as the business of the State Board permits.
Item 13
Subject: T.I.M.E. Community: 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
[Note: the preceding information about Item 13 contains strikethroughs which indicate the item has been withdrawn.]
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 website. 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 submit a public comment online to the State Board of Education's Public Comments website by no later than 12 Noon on Friday, May 12, 2023. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.