SBE Agenda for July 2023
Agenda for the California State Board of Education (SBE) meeting on July 12-13, 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, July 12, 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
Thursday, July 13, 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 et al., Alameda County Superior Court, Case No. RG20084386
- Cole v. Rheinschild et al., United States District Court (C.D. Cal.), Case No. 23-cv-03712
- 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 Board 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 July 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, July 7, 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: 717-908-1926
- 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, July 12, 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: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Addendum to the Continuing Work and Revisions Under Consideration for the 2023 Dashboard Related to the Chronic Absenteeism Indicator.
Type of Action: Information
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
- Revised Item 04 removes formatting comments in the margin that were inadvertently included in the original version posted on June 30, 2023.
Revised Item 04 (DOCX; Posted 6-Jul-2023)
Item 04 (DOCX)
Subject: School Accountability Report Card: Approval of the Template for the 2022–23 School Accountability Report Card.
Type of Action: Action, Information, Consent
Subject: California High School Proficiency Examination: Approve Commencement of a 45-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Section 11520.
Type of Action: Action, Information, Consent
Subject: High School Equivalency Program: Approve Commencement of a 45-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Article 2 title, sections 11530 and 11531, the deletion of Section 11532, and the addition of Section 11532.5.
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: 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
Subject: Approval of Charter School Numbers Assigned to Newly Established Charter Schools, pursuant to California Education Code Section 47602.
Type of Action: Action, Information, Consent
Subject: Approval of 2022–23 Consolidated Applications.
Type of Action: Action, Information, Consent
Public Hearing
The following Public Hearing will commence no earlier than 8:30 a.m. on Wednesday, July 12, 2023. The Public Hearing listed below will be held as close to 8:30 a.m. as the business of the State Board permits.
Subject: Adoption of the 2023 Mathematics Framework for California Public Schools, Kindergarten Through Grade Twelve.
Type of Action: Action, Information, Public Hearing
END OF PUBLIC HEARING
END OF DAY’S SESSION
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session, Day 2
Thursday, July 13, 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 17 was not heard at the Request of Napa Foundation for Options in Education, who has filed Notices of Appeal in Napa Valley Unified School District v. California State Board of Education and California School Boards Association's Education Legal Alliance v. California State Board of Education (Sacramento County Superior Court, Case Nos. 34-2022-80004051 and 34-2023-80004069).
Item 17
Subject: Action to Set Aside the State Board of Education's September 15, 2022 Reversal of the Denials of the Mayacamas Charter Middle School Petition to Comply with a
Writ of Mandate To Be Issued in Napa Valley Unified School District v. California State Board of Education and California School Boards Association's Education Legal Alliance v. California
State Board of Education (Sacramento County Superior Court, Case Nos. 34-2022-80004051 and 34-2023-80004069).
Type of Action: Action, Information
[Note: the preceding information about Item 17 contains strikethroughs which indicate the item has been withdrawn.]
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.
CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding)
Subject: Request by Black Oak Mine Unified School District to waive portions of California Code of Regulations, Title 5 Section 11963.6, relating to the submission of and action on a determination of funding request by a charter school offering nonclassroom-based instruction.
Waiver Number: 5-4-2023
(Recommended for APPROVAL)
FEDERAL PROGRAM WAIVER (Carl D. Perkins Voc and Tech Ed Act)
Subject: Request by five 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:
- Dunsmuir Joint Union High School Fed-23-2023
- El Tejon Unified School District Fed-25-2023
- Julian Union High Fed-21-2023
- Modoc Joint Unified Fed-22-2023
- Summerville Union High Fed-24-2023
(Recommended for APPROVAL)
PHYSICAL EDUCATION PROGRAM (Block Schedules)
Subject: Request by Los Angeles Unified 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 John C. Fremont and Ulysses S. Grant Senior High Schools.
Waiver Number: 7-2-2023
(Recommended for APPROVAL WITH CONDITIONS)
STATE MEAL MANDATE (Summer School Session)
Subject: Request from Wiseburn Unified School District under the authority of California Education Code Section 49548 to waive Education Code Section 49501.5, the State Meal Mandate for public schools during the summer school session.
Waiver Number: 11-4-2023
(Recommended for APPROVAL WITH CONDITIONS)
SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)
Subject: Request by West Covina Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 3-3-2023
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified after 2000)
Subject: Request by the Franklin-McKinley Elementary School District to waive California Education Code sections 15102 and 15268 to allow the district to exceed its bonded indebtedness limit. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for elementary school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for elementary school districts may also apply.
Waiver Number: 8-4-2023
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by Bakersfield City School District 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 Number: 5-3-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by Brawley Union High School District 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 Number: 9-4-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by Fall River Joint Unified School District 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 Number: 3-2-2023
(Recommended for APPROVAL)
Item W-10 Revision Notes
- Update [7-Jul-2023]: Revised Waiver Item W-10, posted [6-July-2023], corrects an error on page 3 of the original version posted on June 30, 2023, regarding the reference to the County location of the Fremont Union High School District. Revised Waiver Item W-10 replaces the reference to Contra Costa County with Santa Clara County. The posting on [6-July-2023] regarding Revised Waiver Item W-10 erroneously referred to Fremont Union High School District as "Fremont Unified School District".
- Revised Waiver Item W-10 corrects an error on page 3 of the original version posted on June 30, 2023, regarding the reference to the County location of the Fremont Unified School District. Revised Waiver Item W-10 replaces the reference to Contra Costa County with Santa Clara County.
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Revised Item W-10 (DOCX; Posted 6-Jul-2023)
Item W-10 (DOCX)
Subject: Request by Fremont Union High School District 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 Number: 9-3-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by Greenfield Union School District 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 Number: 6-2-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by National Elementary School District 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 Number: 2-2-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by Paradise Unified School District 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 Number: 8-3-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Educational Interpreter for Deaf and Hard of Hearing)
Subject: Request by Santa Clara County Office of Education to retroactively waive California Code of Regulations, Title 5, Section 3051.16(c), the requirement that educational interpreters for Deaf and Hard of Hearing pupils meet minimum qualifications as of July 1, 2009, to accept Diane Dunphy and Sean O’Brien provision of services to students through June 30, 2023, under a remediation plan that was completed throughout the 2022-2023 school year.
Waiver Numbers:
- Santa Clara County Office of Education 10-9-2022
- Santa Clara County Office of Education 11-9-2022
(Recommended for APPROVAL WITH CONDITIONS)
END OF WAIVERS
Subject: California's Bipartisan Safer Communities Act Stronger Connections Grant Program Proposal: Approval of the Criteria to Define High-needs.
Type of Action: Action, Information
Public Hearing
The following Public Hearing will commence no earlier than 8:30 a.m. on Thursday, July 13, 2023. The Public Hearing listed below will be held as close to 8:30 a.m. as the business of the State Board permits.
Subject: Appeal from an Action of the Santa Clara County Committee on School District Organization to Disapprove a Petition to Transfer Territory from the San José Unified School District to the Oak Grove Elementary School District and the East Side Union High School District.
Type of Action: Action, Information, Public Hearing
END OF PUBLIC HEARING
At request of Petitioner New Pacific School - Yuba City, items 14 and 15 were withdrawn
by the SBE on July 3, 2023.
Item 14
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 New Pacific School - Yuba City, which was denied by the Yuba City Unified School District and the Sutter County Board of Education.
Type of Action: Action, Information
Public Hearing
The following Public Hearing will commence no earlier than 8:45 a.m. on Thursday, July 13, 2023.
The Public Hearing listed below will be held as close to 8:45 a.m. as the business of the State Board permits.
Item 15
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): Review of the Appeal and Documentary Record, and Decision to Affirm or Reverse the Yuba City Unified School District’s and the Sutter County Board of Education’s Determinations of the New Pacific School - Yuba City Petition.
Type of Action: Action, Information, Public Hearing
Item 15 Attachment 1
END OF PUBLIC HEARING
[Note: the preceding information about Items 14 and 15 contain strikethroughs which indicate the items have 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, July 7, 2023. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.