SBE Agenda for September 2023
Agenda for the California State Board of Education (SBE) meeting on September 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
- Anya Ayyappan, Student Member
Secretary & Executive Officer
- Hon. Tony Thurmond
Executive Director
- Brooks Allen
Schedule of Meeting
Wednesday, September 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
Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome to participate.
CLOSED SESSION
The Closed Session (1) may commence earlier than 8:30 a.m.; (2) may begin at 8:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30 a.m.
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 September 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, September 8, 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
Wednesday, September 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
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
Item 02 Revision Notes
- Item 02 Attachment 3: the Proposed Revisions to the Local Control and Accountability Plan and Annual Update Template and Instructions, was replaced with a corrected version that shows the track changes revisions to the Current Local Control and Accountability Plan and Annual Update Template and Instructions reflected in Attachment 2.
Subject: Local Control and Accountability Plan Template – Revision Drafts, Consistent with California Education Code Section 52064.
Type of Action: Action, Information
Subject: The California Assessment of Student Performance and Progress and the English Language Proficiency Assessments for California: Request for Approval of the Proposed 2023–24 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
Subject: Approval of Local Educational Agency Plans as Required by the Every Student Succeeds Act through the Completion of the Local Control and Accountability Plan Federal Addendum.
Type of Action: Action, Information, Consent
Subject: Request to Approve a Waiver for Los Angeles Unified School District Fiscal Year 2021 Title I, Part A, Title IV, A, and General Education Provisions Act Funding and to Ratify a Waiver to Extend the Period for Expenditure of certain fiscal year (FY) 2018, 2019, and 2020 Title I, Part A funds.
Type of Action: Action, Information, Consent
Subject: Conflict of Interest Provisions
Type of Action: Action, Information, Consent
Subject: Request to Ratify the California Department of Education Grant Application for Federal Supporting America's School Infrastructure Grant.
Type of Action: Action, Information, Consent
Subject: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Action to Implement the 2023 Dashboard Workplan and ESSA Amendments and Updates on Continuing Work for Future Dashboards.
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)
Subject: Request by three 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:
- Los Molinos Unified School District Fed-28-2023
- Willits Charter District Fed-26-2023
- Winters Joint Unified School District Fed-27-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by Alpine Union 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: 2-3-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by Amador County Office of Education 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: 7-3-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by Hesperia 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: 1-5-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by Saint Helena 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: 1-4-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by South Bay 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: 14-4-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by Tuolumne County Superintendent of Schools 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: 5-5-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)
Subject: Request by Lucerne Elementary School District to waive Education Code Section 56362(c), allowing the caseloads of one resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum).
Waiver Number: 13-2-2023
(Recommended for APPROVAL WITH CONDITIONS)
COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)
Subject: Request by Hanford Joint Union High School District for a renewal waiver of portions of California Education Code Section 48661(a), to permit the collocation of the Hanford Community Day School on the same site as the Earl F. Johnson Continuation High School.
Waiver Number: 3-5-2023
(Recommended for APPROVAL WITH CONDITIONS)
COMMUNITY DAY SCHOOLS (CDS) (Minimum School Day)
Subject: Request by San Diego Unified School District to waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.
Waiver Number: 3-1-2023
(Recommended for APPROVAL WITH CONDITIONS)
SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)
Subject: Request by Chino Valley Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 10-4-2023
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified after 2000)
Subject: Request by Palmdale 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: 4-6-2023
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (60 day Requirement to Fill Board Vacancy)
Subject: Request by Big Sur Unified 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, and portions of Section 5091, which require the county superintendent of schools to call an election to fill a vacancy on the governing board within 60 days of the vacancy occurring.
Waiver Number: 13-3-2023
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Election of Governing Board)
Subject: Request by Linns Valley-Poso Flat Union 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: 16-4-2023
(Recommended for APPROVAL)
END OF WAIVERS
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 Vista Legacy Global Academy, which was denied by the Los Angeles Unified School District and the Los Angeles County Board of Education.
Type of Action: Action, Information
PUBLIC HEARING
The following Public Hearing will commence no earlier than 8:30 a.m. on Wednesday, September 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 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 Los Angeles Unified School District’s and the Los Angeles County Board of Education’s Determinations of the Vista Legacy Global Academy Petition.
Type of Action: Action, Information, Public Hearing
END OF PUBLIC HEARING
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, September 8, 2023. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.