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SBE Agenda for January 2024

Agenda for the California State Board of Education (SBE) meeting on January 18, 2024.

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

Thursday, January 18, 2024
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.

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 County 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
  • Olivia R. et al. v. State of California et al., Del Norte County Superior Court, Case No. CV231304
  • 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 January 2024 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, January 12, 2024 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: 667-770-1523
  • Participant Access Code: 651905
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

Thursday, January 18, 2024 – 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.

Item 01 (DOCX)

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 (DOCX)

Subject: 2024 United States Senate Youth Program: Recognition of California’s Selected Student Delegates and Alternates.

Type of Action: Information


Item 03 (DOCX; 1MB)

Subject: California Assessment of Student Performance and Progress: Approval of the Receipt of the California Science Test Innovations Concept Paper.

Type of Action: Action, Information


Item 04 Revision Notes
  • The revised version of Item 04 reflects the following minor change on page 4 of the item: Attachment 4, the Draft 2025 Evaluation Criteria Map for the California Mathematics Adoption of Instructional Materials, which was previously available upon request to CDE, is now also posted alongside the other Attachments to Item 04 that were posted on January 5, 2024.

Revised Item 04 (DOCX; Posted 16-Jan-2024)
Item 04 (DOCX)

Subject: 2025 California Mathematics Instructional Materials Adoption: Approval of the Schedule of Significant Events, Reviewer Application, Adoption Notice, Criteria Map, and Standards Maps.

Type of Action: Action, Information


Item 05 (DOCX)

Subject: State Annual Performance Report for Part B of the Individuals with Disabilities Education Act (IDEA) of 2004 covering program year 2022–23.

Type of Action: Action, Information


Item 06 (DOCX)

Subject: Reading Difficulties Risk Screener Selection Panel (RDRSSP) Governing Policy.

Type of Action: Action, Information, Consent


Item 07 (DOCX)

Subject: Request to Ratify a Letter to the U.S. Department of Education Regarding 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 Reading/Language Arts, Mathematics, and Science.

Type of Action: Action, Information, Consent


Item 08 (DOCX)

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, Consent


Item 09 (DOCX)

Subject: California High School Proficiency Examination: Adopt the Final Statement of Reasons and the Proposed Amendments to the California Code of Regulations, Title 5, Section 11520.

Type of Action: Action, Information, Consent


Item 10 (DOCX)

Subject: High School Equivalency Program: Adopt the Final Statement of Reasons and the Proposed Amendments to the 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


Item 11 (DOCX)

Subject: Consideration of a Retroactive Request for Determination of Funding as Required for a Nonclassroom-Based Charter School 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


Item 12 (DOCX)

Subject: Approval of Charter School Numbers Assigned to Newly-Established Charter Schools.

Type of Action: Action, Information, Consent


Item 13 (DOCX)

Subject: State Educational Agency Approval of the 2023–24 Local Educational Agency Comprehensive Support and Improvement Plans Authorized Under the Every Student Succeeds Act Section 1111(d).

Type of Action: Action, Information, Consent


Item 14 (DOCX)

Subject: Approval of the fiscal year 2023–24 Career Technical Education Incentive Grant Allocations, Including the Allocation Formula; Specific Funding Amounts and Number of Grant Awards; Purposes for Grant Fund Use; and Allowable and Non-Allowable Expenditures.

Type of Action: Action, Information, Consent


Item 15 (DOCX)

Subject: Approval of 2023–24 Consolidated Applications.

Type of Action: Action, Information, Consent


Item 16 (DOCX)

Subject: Reading Difficulties Risk Screener Selection Panel: Recommendation of Independent Experts to Serve as Panel Members.

Type of Action: Action, Information


Item 17 (DOCX)

Subject: Request to approve revisions to the criteria and standards for local educational agency fiscal stability.

Type of Action: Action, Information


Item 18 (DOCX)

Subject: Update on the California Department of Education's Artificial Intelligence Guidance and Support for Districts, including a practitioner’s perspective of artificial intelligence in education.

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.

PHYSICAL EDUCATION PROGRAM (Block Schedules)

Item W-01 (DOCX)

Subject: Request by Placer 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 Del Oro High School.

Waiver Number: 1-8-2023

(Recommended for APPROVAL WITH CONDITIONS)


PHYSICAL FITNESS TESTING (Physical Fitness Testing)

Item W-02 (DOCX)

Subject: Request by Jefferson Union High School District to waive portions of the 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 Fall Semester Physical Education Classes.

Waiver Number: 3-8-2023

(Recommended for APPROVAL) EC 33051(b) will apply


SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)

Item W-03 (DOCX)

Subject: Request by three local educational agencies to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Numbers:

  • Bear Valley Unified School District 6-8-2023
  • Downey Unified School District 3-10-2023
  • San Diego Unified School District 1-9-2023

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Child Specific/NPA or NPS Certification)

Item W-04 (DOCX)

Subject: Request by the Curtis Creek Elementary School District and Tuolumne County Special Education Local Plan Area to retroactively 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 Judge Rotenberg Education Center, an uncertified non-public school for students with disabilities with a residential treatment center, in Canton, Massachusetts.

Waiver Number: 5-12-2022

(Recommended for APPROVAL)


OTHER WAIVERS (Other Waivers)

Item W-05 (DOCX)

Subject: Request by the Inyo County Office of Education to waive California Education Code Sections 44877, 49422, 49423.5, 49426, 49452, and 49480, relating to the credentialed school nurse requirement.

Waiver Number: 2-8-2023

(Recommended for DENIAL)

END OF WAIVERS


PUBLIC HEARING

The following Public Hearing will commence no earlier than 8:30 a.m. on Thursday, January 18, 2024. The Public Hearing listed below will be held as close to 8:30 a.m. as the business of the State Board permits.

Item 19 Revision Notes
  • The corrected version of Item 19 clarifies that the version of Item 19 posted on January 5, 2024 addressed both statutory grounds for Glendale Unified School District's appeals, i.e., Education Code sections 35710.5 and 35711, as the reference to section 35711 was inadvertently omitted from the January 5, 2024 version. The changes to clarify that both statutory grounds are included in Item 19 are reflected in the corrected version of Item 19 as follows: page 1 under the section entitled "Summary of the Issue(s)" and page 3 under the section entitled "Brief History of Key Issues".

Revised Item 19 (DOCX; Posted 11-Jan-2024)
Item 19 (DOCX)

Subject: Appeal of an Action of the Los Angeles County Committee on School District Organization to Approve a Petition to Transfer Territory from the Glendale Unified School District to the La Cañada Unified School District.

Type of Action: Action, Information, Public Hearing

END OF PUBLIC HEARING


Item 20 (DOCX)

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, January 12, 2024. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.

Questions: State Board of Education | SBE@sbe.ca.gov | 916-319-0827 
Last Reviewed: Tuesday, January 16, 2024
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