SBE Agenda for May 2024
Agenda for the California State Board of Education (SBE) meeting on May 8, 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
Wednesday, May 8, 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
- 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. 34-2022-8000405
- 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
- Vista Charter Public Schools, Inc. v. California State Board of Education, Los Angeles County Superior Court, Case No. 23STCP04041
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 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, May 3, 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
Wednesday, May 8, 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.
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: California Community Schools Partnership Program: Approval of Cohort 3 Implementation Grantees.
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 2023–24 Apportionment Rates and Updates on Program Activities.
Type of Action: Action, Information
Item 04 Revision Notes
- Item 04 was updated to reflect the addition of Attachments #3a and #3b.
Revised Item 04 (DOCX; Posted 2-May-2024)
Item 04 (DOCX)
Subject: Reading Difficulties Risk Screener Selection Panel (RDRSSP): Recommendation of Review Process, Review Elements and Evaluation Criteria, and Rubric for Evaluating and Approving Screening Instruments.
Type of Action: Action, Information
- Item 04 Attachment 2 (DOCX)
- Item 04 Attachment 3a (DOCX; Posted 2-May-2024)
- Item 04 Attachment 3b (DOCX; Posted 2-May-2024)
- Item 04 Attachment 4 (DOCX)
Subject: Approval of 2023–24 Consolidated Applications.
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: 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: The Strengthening Career and Technical Education for the 21st Century Act: Review and Approval of the Draft Updated Federal Perkins V State Plan.
Type of Action: Action, Information
Subject: California’s Application to the United States Department of Education for Funds Available through the 2024–29 Federal Charter Schools Program – Grants to State Entities: Discussion and Consideration of Proposed Content and Submission.
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.
SALE OR LEASE OF SURPLUS PROPERTY (Sale of Surplus Property)
Subject: Request by Davis Joint Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 4-12-2023
(Recommended for APPROVAL WITH CONDITIONS)
PHYSICAL EDUCATION PROGRAM (Block Schedules)
Subject: Request by Oceanside 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 Oceanside High School.
Waiver Number: 2-6-2023
(Recommended for APPROVAL WITH CONDITIONS)
PHYSICAL EDUCATION PROGRAM (Block Schedules)
Subject: Request by Oxnard 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 to implement a block schedule at Channel Islands and Oxnard High School.
Waiver Number: 1-7-2023
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by nine local educational agencies 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 Numbers:
- San Marcos Unified School District 4-11-2023
- Hemet Unified School District 1-12-2023
- Madera County Superintendent of Schools 2-9-2023
- Butte County Office of Education 4-10-2023
- Chula Vista Elementary School District 7-10-2023
- Red Bluff Union Elementary School District 2-12-2023
- Tulare County Office of Education 3-1-2024
- La Mesa Spring Valley School District 8-12-2023
- Bakersfield City School District 19-12-2023
(Recommended for APPROVAL WITH CONDITIONS)
INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY (Below 1982-83 Base Minimum Minutes)
Subject: Request by Gonzales Unified School District under the authority of the California Education Code Section 46206(a), to waive Education Code Section 46207(a), the audit penalty for offering insufficient instructional minutes during the 2021–22 school year.
Waiver Number: 9-2-2024
(Recommended for APPROVAL WITH CONDITIONS)
INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY ENGLISH LANGUAGE LEARNER ADVISORY COMMITTEE (Shared with Multiple Schools)
Subject: Request by Esparto Unified School District to waive California Education Code Section 52176(b), which requires the establishment of an English Learner Advisory Committee at any school site with more than 20 limited English proficiency students.
Waiver Number: 1-11-2023
(Recommended for DENIAL)
INSTRUCTIONAL TIME REQUIREMENT AUDIT PENALTY
Subject: Request by Sacramento City Unified School District under the authority of the California Education Code sections 46206 and 47612.6 to waive Education Code sections 46207 and 47612.5(c), the audit penalties for offering insufficient instructional minutes during the 2021–22 school year at Sacramento City Unified School District’s non-charter schools and four of its charter schools, and Education Code sections 46208 and 41420, the audit penalties for offering insufficient instructional days during the 2021–22 school year at Sacramento City Unified School District’s non-charter schools.
Waiver Numbers:
- Sacramento City Unified School District 11-3-2024
- Sacramento City Unified School District 12-3-2024
- Bowling Green Elementary General 13-3-2024
- New Joseph Bonnheim (NJB) Community Charter 14-3-2024
- George Washington Carver School of Arts and Science 15-3-2024
- New Technology Early College High 16-3-2024
(Recommended for APPROVAL WITH CONDITIONS)
END OF WAIVERS
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 3, 2024. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.