SBE Agenda for November 2024
Agenda for the California State Board of Education (SBE) meeting on November 13, 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
- Julia Clauson, Student Member
Secretary & Executive Officer
- Hon. Tony Thurmond
Executive Director
- Brooks Allen
Schedule of Meeting
Wednesday, November 13, 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.
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
- 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 November 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, November 8, 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
Wednesday, November 13, 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: 2025-2026 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 2024 Student Advisory Board on Education.
Type of Action: Information
Item 04 Revision Notes
- Item 04 was updated to reflect the addition of track changes within Attachment 3 on pp. 1, 20–22, 30, 32–33, 35, and 40–42.
Revised Item 04 (DOCX; Posted 5-Nov-2024)
Item 04 (DOCX)
Subject: The Local Control and Accountability Plan Template – Adoption of the Revised Local Control and Accountability Plan Template, Consistent with California Education Code Section 52064.4.
Type of Action: Action, Information
Subject: California Assessment of Student Performance and Progress and English Language Proficiency Assessments for California: Request for Approval of the Proposed Revisions to the Student Score Reports and Reporting Achievement Level Descriptions; and Updates on Program Activities.
Type of Action: Action, Information
Subject: The Federal Every Student Succeeds Act: Authorization to Pursue a Waiver for the 2024–25 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 2023–24 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 2023–24.
Type of Action: Action, Information, Consent
Item 09 was withdrawn by the SBE on November 12, 2024 because the permanent regulations that were the subject of this item were accepted by Office of Administrative Law on November 6, 2024 and submitted to the Secretary of State on November 6, 2024, which has obviated the need for further action on adoption of the emergency regulations at this time.
Item 09
Subject: California Assessment of Student Performance and Progress Regulations—Approve the Finding of Emergency and Second Readoption of Emergency Regulations for Proposed Amendments to the California Code of Regulations, Title 5, Section 855.
Type of Action: Action, Information, Consent
Item 09 Attachment 4
[Note: the preceding information about Item 09 contains strikethroughs which indicate the item has been withdrawn.]
Subject: Assignment of Charter School Numbers to Newly Established Charter Schools, Pursuant to California Education Code Section 47602.
Type of Action: Action, Information, Consent
Subject: Approval of 2024–25 Consolidated Applications.
Type of Action: Action, Information, Consent
Subject: School Nutrition Programs - Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, sections 4610, 15510, 15551, 15556, 15562, 15564, 15565, 15575, 15576, 15577 and 15578, the addition of Section 15560, and the Repeal of sections 15530, 15531, 15532, 15533, 15534, 15535, and 15563.
Type of Action: Action, Information, Consent
- Item 12 Attachment 1 (DOCX)
- Item 12 Attachment 2 (DOCX)
- Item 12 Attachment 3 (DOCX)
- Item 12 Attachment 4 (DOCX)
- Item 12 Attachment 5 (PDF)
- Item 12 Attachment 6
Item 13 Revision Notes
- Item 13 was updated to reflect the addition of Attachment 2.
Subject: Revisions to the California School Accounting Manual (CSAM) used by local educational agencies (LEAs)
Type of Action: Action, Information
Subject: Follow-up to the July 2024 State Board of Education Study Session on The California Way: State Board of Education’s Portrait of a Graduate.
Type of Action: Information
Item 15 Revision Notes
- The second revision of Item 15 posted on November 6, 2024 includes the following updates: (1) on page 11, there were updates to the percentages for the Expanded Learning Opportunities Program and Educator Effectiveness Block Grant.
- Item 15 was updated as follows: (1) on page 7, the link to the "Year 2 Annual Reflection Report" was removed and replaced with Attachment 3; (2) on page 8, there are revisions to the sub-section, "1. Grantees are developing and expanding whole child supports and services"; (3) on page 12, the link for the "Measuring What Matters White Paper" was updated; and (4) updated to reflect the addition of Attachment 3, which contains the "Year 2 Annual Reflection Report" previously linked on page 7
Second Revised Item 15 (DOCX; Posted 6-Nov-2024)
Revised Item 15 (DOCX; Posted 5-Nov-2024)
Item 15 (DOCX)
Subject: California Community Schools Partnership Program (CCSPP) update. Presentations by the CCSPP State Transformational Assistance Center, Mills Middle School (Folsom-Cordova Unified School District), and the Children Youth Behavioral Health Initiative (CYBHI).
Type of Action: Information
- Item 15 Attachment 1 (XLSX)
- Item 15 Attachment 2 (PDF)
- Item 15 Attachment 3 (PDF; 2MB; Posted 5-Nov-2024)
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)
Subject: Request by Placer Union High School District to renew a waiver of 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 Colfax High School, Foresthill High School, and Placer High School.
Waiver Numbers:
- Colfax High School 9-6-2024
- Placer High School 10-6-2024
- Foresthill High School 12-6-2024
(Recommended for APPROVAL) EC 33051(b) will apply
COMMUNITY DAY SCHOOLS (CDS) (Minimum School Day)
Subject: Request by Visalia Unified School District to retroactively waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes.
Waiver Number: 18-4-2024
(Recommended for APPROVAL WITH CONDITIONS)
COMMUNITY DAY SCHOOLS (CDS) (Commingle Grade Levels)
Subject: Request by Chico Unified School District for a retroactive renewal waiver of portions of California Education Code Section 48660, to permit the Academy for Change community day school to serve students in grade six with students in grades seven through twelve, but no grade lower than grade six.
Waiver Number: 1-8-2024
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply
COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)
Subject: Request by Hanford Joint Union High School District for a retroactive 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: 11-5-2024
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply
COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)
Subject: Request by Glendale Unified School District to retroactively waive California Education Code Section 48661(a) to permit the collocation of Jewel City, a community day school, on the same site as Allan F. Daily High School, a continuation high school.
Waiver Number: 17-12-2023
(Recommended for APPROVAL WITH CONDITIONS) EC 33051(b) will apply
SPECIAL EDUCATION PROGRAM (Extended School Year (Summer School))
Subject: Request by ten local educational agencies to retroactively 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:
- Alpine Union Elementary School District 17-2-2024
- Columbia Elementary School District 21-2-2024
- Fall River Joint Unified School District 18-2-2024
- Junction Elementary School District 1-3-2024
- San Pasqual Valley Unified School District 5-11-2023
- Pajaro Valley Unified School District 20-2-2024
- Freemont Union High School District 13-4-2024
- National Elementary School District 1-1-2024
- Shasta County Office of Education 3-3-2024
- Amador County Unified School District 9-4-2024
(Recommended for APPROVAL)
SPECIAL EDUCATION PROGRAM (Child Specific/ NPA or NPS Certification)
Subject: Request by Yucaipa-Calimesa Joint 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 Alabama Clinical Schools Residential Treatment Center, an uncertified nonpublic school for students with disabilities with a residential treatment center, in Birmingham, Alabama.
Waiver Number: 5-5-2024
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL CONSTRUCTION BONDS (Bond Indebtedness Limit - Unified S.D.)
Subject: Request by two local educational agencies to waive California Education Code sections 15102, 15268, 15106, and 15270(a), to allow the districts to exceed their bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for elementary or high school districts and 2.50 percent of the taxable assessed valuation of property for unified school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for elementary or high school districts and $60 per $100,000 of assessed value for unified school districts, may also apply.
Waiver Numbers:
- Fowler Unified School District 3-8-2024
- Pacific Elementary School District 5-8-2024
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (60 day Requirement to Fill Board Vacancy)
Subject: Request by Vallecitos Elementary 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: 5-6-2024
(Recommended for APPROVAL)
SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)
Subject: Request by Ukiah Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 4-6-2024
(Recommended for APPROVAL WITH CONDITIONS)
SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)
Subject: Request by San Francisco Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 7-5-2024
(Recommended for APPROVAL WITH CONDITIONS)
SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)
Subject: Request by Ventura Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 3-12-2023
(Recommended for APPROVAL WITH CONDITIONS)
SALE OR LEASE OF SURPLUS PROPERTY (Lease of Surplus Property)
Subject: Request by Newport-Mesa Unified School District to waive California Education Code sections specific to statutory provisions for the sale or lease of surplus property.
Waiver Number: 2-7-2024
(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, November 8, 2024. Additional opportunities to provide public comment during the meeting are detailed under SBE Meeting Logistics.