SBE Agenda for November 2023
Agenda for the California State Board of Education (SBE) meeting on November 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
- Anya Ayyappan, Student Member
Secretary & Executive Officer
- Hon. Tony Thurmond
Executive Director
- Brooks Allen
Schedule of Meeting
Wednesday, November 8, 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, November 9, 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
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.
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
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 November 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, November 3, 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, November 8, 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
Item 02 Revision Notes
Item 02 Attachment 1 was updated to correct the degree type.
Revised Item 02 (DOCX; Posted 2-Nov-2023)
Item 02 (DOCX)
Subject: Appointment of Nancy Portillo to Chief Deputy Superintendent of Public Instruction in accordance with Article IX, Section 2.1, of the Constitution of the State of California
Type of Action: Action, Information
Subject: 2024-2025 State Board of Education Student Member: Recommendation of Three Finalists for Submission to the Governor for Consideration and Appointment.
Type of Action: Action, Information
Subject: Reports from the 2023 Student Advisory Board on Education.
Type of Action: Information
Subject: California Assessment of Student Performance and Progress and English Language Proficiency Assessments for California: 2022–23 Results Release.
Type of Action: Information
Subject: Update on the 2022–23 Chronic Absenteeism and Absenteeism by Reason DataQuest Report Release.
Type of Action: Information
Subject: The Local Control and Accountability Plan Template – Adoption of the Revised Local Control and Accountability Plan Template, Consistent with California Education Code Section 52064.
Type of Action: Action, Information
Subject: Revision of Performance Standards of Local Indicators within the California School Dashboard and Recommended Action Regarding the Local Indicator Self-Reflection Tool for Priority 1: Basic Services and Conditions.
Type of Action: Action, Information
Subject: Approval of the Recommended Observation Protocol for Teachers of English Learners to Satisfy Criterion 2 (Teacher Evaluation of English Learner Students) and Criterion 3 (Parent Opinion and Consultation) for Reclassification, per the requirements of Education Code Sections 313 and 313.3.
Type of Action: Action, Information
Subject: Approval of a Charter School Number Assigned to a Newly Established Charter School.
Type of Action: Action, Information, Consent
Subject: The Federal Every Student Succeeds Act: Authorization to Pursue a Waiver for the 2023–24 School Year of the 1.0 Percent Cap on the Percentage of Eligible Students with the Most Significant Cognitive Disabilities Who May Be Assessed with an Alternate Assessment Aligned with Alternate Academic Achievement Standards for English Language Arts/Literacy, Mathematics, and Science.
Type of Action: Action, Information, Consent
Subject: California Assessment of Student Performance and Progress System and English Language Proficiency Assessments for California: Determination of the Release of Up to 10 Percent Withheld for the 2022–23 Regents of the University of California, Santa Cruz Contract.
Type of Action: Action, Information, Consent
Subject: California Assessment of Student Performance and Progress and English Language Proficiency Assessments for California: Determination of the Release of the 10 Percent Withheld from the Educational Testing Service Contract for Fiscal Year 2022–23.
Type of Action: Action, Information, Consent
Subject: Approval of 2023–24 Consolidated Applications.
Type of Action: Action, Information, Consent
At request of Petitioner Orange County Board of Education,
Item 15 was withdrawn by the SBE on November 6, 2023.
Item 15 Revision Notes
Changes in November 2023 SBE Item 15 Attachment 1: Changes made to item tagging and reading order to improve accessibility. Added Orange County Board of Education response to opposition letters, Orange County Board of Education's Chronology of Events, and associated documentation of the Chronology provided by Orange County Board of Education.
Item 15
Subject: Petition pursuant to Education Code Section 4020 from the Orange County Board of Education to transfer the duties and powers of the Orange County Committee on School District Organization to the Orange County Board of Education.
Type of Action: Action, Information
Revised Item 15 Attachment 1Item 15 Attachment 1
[Note: the preceding information about Item 15 contains strikethroughs which indicate the item has been withdrawn.]
END OF DAY’S SESSION
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session, Day 2
Thursday, November 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: California Community Schools Partnership Program Update. Presentations by the CCSPP State Transformative Assistance Center and the Southern Inland Regional Transformative Assistance Center.
Type of 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.
COMMUNITY DAY SCHOOLS (CDS) (Minimum School Day)
Subject: Request by the Madera Unified School District for a renewal waiver of portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.
Waiver Number: 7-6-2023
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply
PHYSICAL EDUCATION PROGRAM (Block Schedules)
Subject: Request by Jefferson Union High 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 Jefferson High School.
Waiver Number: 3-4-2023
(Recommended for APPROVAL WITH CONDITIONS)
PHYSICAL EDUCATION PROGRAM (Block Schedules)
Subject: Request by Washington Unified School District for a renewal 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 River City High School.
Waiver Number: 6-5-2023
(Recommended for APPROVAL) EC 33051(b) will apply
SCHOOLSITE COUNCIL STATUTE (Shared Schoolsite Council)
Subject: Request by the Northern Humboldt Union High School District under the authority of California Education Code Section 65001(e) for waivers of California Education Code sections 65000 and 65001, relating to Schoolsite Councils regarding changes in shared, composition, or shared and composition members.
Waiver Number: 2-7-2023
(Recommended for APPROVAL WITH CONDITIONS)
SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)
Subject: Request by three local educational agencies to waive California Education Code (EC) sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 5-7-2023
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified)
Subject: Request by Bellevue Union 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: 5-6-2023
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Non-Unified)
Subject: Request by Guadalupe Union 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: 6-6-2023
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (60 day Requirement to Fill Board Vacancy)
Subject: Request by Needles Unified 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: 10-6-2023
(Recommended for APPROVAL)
OTHER WAIVERS (Employment - Retirement System)
Subject: Request by Leggett Valley 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, Sherrie Ebyam, to be employed in a classified position to train the new Business Manager.
Waiver Number: 8-6-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by twelve local educational agencies to waive, retroactively, for the Summer 2023 term, 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: 9-5-2023
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Child Specific/NPA or NPS Certification)
Subject: Request by the Hanford Joint Union High School District and Kings County Special Educational 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 Renewed Hope Ranch, an uncertified nonpublic school for students with disabilities in Enoch, Utah.
Waiver Number: 4-7-2023
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/NPA or NPS Certification)
Subject: Request by the Scotts Valley Unified School District (SVUSD) and the North Santa Cruz Special Education Local Plan Area (NSCSELPA) 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 Melmark School, an uncertified non-public school for students with disabilities with a residential treatment center, in Berwyn, Pennsylvania.
Waiver Number: 7-4-2023
(Recommended for APPROVAL WITH CONDITIONS)
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 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 8:30 a.m. on Thursday, November 9, 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 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
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, November 3, 2023. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.