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SBE Agenda for July 2024

Agenda for the California State Board of Education (SBE) meeting on July 10-11, 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, July 10, 2024
11:00 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 11, 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

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.

Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation will be considered and acted upon in closed session:

  • 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. 34-2022-80004051
  • 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
  • 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 July 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 masks will be made available to those members of the public attending the meeting.

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 5, 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: 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 10, 2024 – 11:00 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.

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: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Action to Implement the 2024 Accountability Workplan and Updates on Continuing Work for Future Dashboards.

Type of Action: Action, Information


Item 03 (DOCX)

Subject: Update on Transitional Kindergarten Students and Changes to English Learner Identification and English Language Proficiency Testing.

Type of Action: Action, Information


Item 04 (DOCX)

Subject: California Assessment of Student Performance and Progress and English Language Proficiency Assessments for California: Updates on Program Activities.

Type of Action: Information


Item 05 (DOCX)

Subject: California Community Schools Partnership Program: Approval of Cohort 3 Implementation Grantee Corrections.

Type of Action: Action, Information


Item 06 (DOCX)

Subject: High School Equivalency Program: Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 11530 and 11532.5.

Type of Action: Action, Information, Consent


Item 07 (DOCX)

Subject: California Assessment of Student Performance and Progress Regulations—Approve the Finding of Emergency and Readoption of Emergency Regulations for Proposed Amendments to the California Code of Regulations, Title 5, Section 855.

Type of Action: Action, Information, Consent


Item 08 (DOCX)

Subject: Request to approve a Response 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 09 (DOCX)

Subject: Consideration of Determination of Funding Requests 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


Item 10 (DOCX)

Subject: Consideration of Determination of Funding Requests 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


Item 11 (DOCX)

Subject: Assignment of a Charter School Number to a Newly Established Charter School, Pursuant to California Education Code Section 47602.

Type of Action: Action, Information, Consent


Item 12 (DOCX)

Subject: Approval of 2023–24 Consolidated Applications.

Type of Action: Action, Information, Consent


Item 13 (DOCX)

Subject: School Accountability Report Card: Approval of the Template for the 2023–24 School Accountability Report Card.

Type of Action: Action, Information, Consent


Item 14 (DOCX)

Subject: Request to Ratify the California Department of Education Grant Application for the Competitive Grants for State Assessments Program.

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.

PHYSICAL EDUCATION PROGRAM (Block Schedules)

Item W-01 General (DOCX)

Subject: Request by Manteca 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 Lathrop High School, East Union High School, Manteca High School, Sierra High School, and Weston Ranch High School.

Waiver Numbers:

  • Lathrop High School 12-12-2023
  • East Union High School 13-12-2023
  • Manteca High School 14-12-2023
  • Sierra High School 15-12-2023
  • Weston Ranch High School 16-12-2023

(Recommended for APPROVAL WITH CONDITIONS)


PHYSICAL EDUCATION PROGRAM (Block Schedules)

Item W-02 General (DOCX)

Subject: Request by Los Angeles 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 block schedules at Cesar E. Chavez Learning Academies-Academy of Scientific Exploration, Gardena Senior High, Nathaniel Narbonne Senior High, John H. Francis Polytechnic, and Theodore Roosevelt Senior High.

Waiver Number: 7-4-2024

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


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

Item W-03 General (DOCX)

Subject: Request by Azusa Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Numbers:

  • 3-4-2024
  • 4-4-2024
  • 5-4-2024
  • 6-4-2024

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-04 General (DOCX)

Subject: Request by Rim of the World Unified to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.

Waiver Number: 4-3-2024

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-05 Specific (DOCX)

Subject: Request by the San Pasqual Valley Unified School District 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 Menta Academy Non-Residential Treatment Center (Menta Academy), an uncertified nonpublic school for students with disabilities with a full-day treatment center, in Yuma, Arizona.

Waiver Number: 9-12-2023

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-06 Specific (DOCX)

Subject: Request by the San Pasqual Valley Unified School District 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 middle school student with disabilities at the Menta Academy Non-Residential Treatment Center (Menta Academy), an uncertified nonpublic school for students with disabilities with a full-day treatment center, in Yuma, Arizona.

Waiver Number: 5-12-2023

(Recommended for APPROVAL WITH CONDITIONS)


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

Item W-07 Specific (DOCX)

Subject: Request by the Temecula Valley Unified School District 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 Kaizen Academy Residential Treatment Center, an uncertified nonpublic school for students with disabilities with a residential treatment center, in Payson, Utah.

Waiver Number: 4-9-2023

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-08 Specific (DOCX)

Subject: Request by South Monterey County Joint Union High School District to waive Education Code Section 56362(c), allowing the caseloads of resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Number: 6-10-2023

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)

Item W-09 Specific (DOCX)

Subject: Request by Cotati-Rohnert Park Unified to waive Education Code Section 56362(c), allowing the caseloads of resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Number: 4-1-2024

(Recommended for APPROVAL WITH CONDITIONS)


SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))

Item W-10 General (DOCX)

Subject: Request by ten 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:

  • Sweetwater Union High School District 14-3-2023
  • Greenfield Union School District 2-1-2024
  • Red Bluff Union Elementary School District 7-1-2023
  • San Pasqual Valley Unified School District 7-11-2022
  • Mt. Diablo Unified School District 2-4-2023
  • Mariposa County Office of Education 6-4-2023
  • Soulsbyville Elementary School District 2-3-2024
  • Brawley Union High School District 7-3-2024
  • Delano Union Elementary School District 18-3-2024
  • South Whittier Elementary School District 11-3-2023

(Recommended for APPROVAL)

END OF WAIVERS


Item 15 (DOCX)

Subject: Request to Ratify the Comprehensive Literacy State Development Program 2024 Grant Application.

Type of Action: Action, Information


Item 16 (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

END OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 2

Thursday, July 11, 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

BOARD MEMBER STUDY SESSION
AGENDA ITEM

PLEASE NOTE: The Thursday session of the State Board of Education will be a study session of the Board, and the Board members in attendance will take no action on any items. The meeting may include some activities involving the Board as a whole as well as small group discussions involving one or more of the Board members. Members of the public may observe the small group discussions from chairs set up around the edge of the room; however seating may be limited due to public health considerations. The meeting will be livestreamed and public comment may be made via email, phone or in person as noted under the Public Comment Guidelines section.

Item 17 (DOCX)

Subject: Study Session on The California Way: Policies Designed for School and Student Success; Accomplishments, Future Work, and Perspectives from California’s local educational agencies and other states.

Type of Action: Information

Individual speakers will be limited to one minute each for public comment, and should follow instructions provided above.

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 5, 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: Friday, June 28, 2024
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