SBE Agenda for May 2020
Agenda for the California State Board of Education (SBE) meeting on May 7, 2020.State Board Members
- Linda Darling-Hammond, President
- Ilene W. Straus, Vice President
- Sue Burr
- Matt Navo
- Kim Pattillo Brownson
- Patricia A. Rucker
- Ting L. Sun
- Brenna Pangelinan, Student Member
- Vacancy
- Vacancy
- Vacancy
Secretary & Executive Officer
- Hon. Tony Thurmond
Executive Director
- Karen Stapf Walters
Schedule of Meeting
Thursday, May 7, 2020
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.
SBE MEETING LOGISTICS
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 related to the COVID-19 pandemic. The Executive Order allows state bodies covered by the Bagley-Keene Open Meeting Act (Act) to hold public meetings covered by the Act via web and/or audio teleconferencing. As such, the May SBE meeting will be held as an audio/video teleconference and will have a live webcast [https://www.cde.ca.gov/be/pn/lv/index.asp]; Room 1101 (board room) in the California Department of Education will be closed to the public. Please see the Public Comment Guidelines section below for options to view and participate in the meeting.
PUBLIC COMMENT GUIDELINES
Public comment may be via email or phone, as specified below.
The public is highly encouraged to submit written comment to the SBE members in advance for prior consideration. In order to help ensure that board members have time to review the comments, please submit comments by noon, on Friday, May 1, 2020. However, comments received after that time will be forwarded to board members until the day of the meeting. Comments should be submitted to the SBE mailbox at: sbe@cde.ca.gov. The following information should be included in the body of the email:
- Commenter’s first and last name
- Organization affiliation
- Agenda item number or general public comment
Phone
Public comment may also be provided by dialing the phone number and participant access code that will be provided on May 7, 2020 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 live-stream 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 [https://www.cde.ca.gov/be/pn/lv/index.asp] should make sure the volume on their computer is muted to avoid an echoing or feedback sounds during the call.
- Each speaker will be allotted one minute of public comment for each agenda item.
CLOSED SESSION AGENDA
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.
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:
- California Parents for the Equalization of Educational Materials, et al. v. Tom Torlakson in his official capacity and members of the State Board of Education, in their official capacity, et al., United States District Court (No. Dist. CA), Case No. 4:17-cv-00635
- California School Boards Association, San Jose Unified School District v. California State Board of Education, State Department of Education, Promise Academy, Real Party in Interest, Sacramento County Superior Court, Case No. 34-2018-80002834
- Ella T et al. v. State of California, State Board of Education, State Department of Education, Tom Torlakson et al., Los Angeles County Superior Court, Case No. BC685730
- Emma C., et al. v. Delaine Eastin, et al., United States District Court (No.Dist.CA), Case No. C-96-4179
- Kerri K. et al. v. State of California, State Board of Education, State Department of Education, Tony Thurmond, Contra Costa County Office of Education, the Floyd I. Marchus School et al., Contra Costa County Superior Court, Case No. MSC19-00972
- Options for Youth, Burbank, Inc., San Gabriel, Inc. Upland, Inc. and Victor Valley, Notice of Appeal Before the Education Audit Appeals Panel, EAAP Case Nos. 06-18, 06-19- 07-07, 07-08 OAH Nos. L2006100966, L2006110025, L20070706022, L2007060728, Los Angeles County Superior Court, Case No. BC 347454
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; or by facsimile at 916-319-0175.
CALIFORNIA STATE BOARD OF EDUCATION
FULL BOARD AGENDA
Public Session
Thursday, May 7, 2020 – 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
- Report of the State Board of Education President
- Report of the State Superintendent of Public Instruction
- 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 all items on Thursday, and should follow instructions provided above to do so remotely.
Subject: The California Assessment of Student Performance and Progress System and the English Language Proficiency Assessments for California: Approval of the Proposed Alternate English Language Proficiency Assessments for California Test Blueprint and Update of Program Activities.
Type of Action: Action, Information
Subject: Update on the Implementation of the Integrated Local, State, and Federal Accountability and Continuous Improvement System: Recommended Action on the New Color Schemes for Select Five-by-Five Color Grids and Updates on the Revisions Under Consideration for the College/Career Indicator for the California School Dashboard.
Type of Action: Action, Information
Subject: Request to Ratify a Waiver of Assessment, Accountability, and School Identification and Federal Funding Flexibility Requirements Pursuant to the Elementary and Secondary Education Act.
Type of Action: Action, Information
Subject: Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve, 2021 Revision: Approval of the Revision of the Schedule of Significant Events.
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 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.
CHARTER SCHOOL PROGRAM (Nonclassroom-Based Funding)
Subject: Requests by five local educational agencies to waive portions of California Code of Regulations, Title 5 Section 11963.6, relating to the submission and action on determination of funding requests regarding nonclassroom-based instruction.
Waiver Numbers:
- Fort Sage Unified School District 26-1-2020
- Hart-Ransom Union Elementary School District 17-2-2020
- Liberty Elementary School District 19-1-2020
- Susanville Elementary School District 18-1-2020
- Turlock Unified School District 4-3-2020
(Recommended for APPROVAL)
COMMUNITY DAY SCHOOLS (CDS) (Colocate Facilities)
Subject: Requests by the Santa Ana Unified School District for a renewal waiver of California Education Code Section 48916.1(d), and portions of California Education Code Section 48660 to permit the REACH Academy Community Day School to serve students in grade six with students in grades seven through twelve, but no grade lower than grade six. The Santa Ana Unified School District is also requesting a waiver of portions of California Education Code Section 48661 to permit the Community Day School to be collocated on the same site as the REACH Academy Night Program, an alternative program of choice serving students enrolled in the district’s continuation and traditional high schools.
Waiver Numbers:
- Santa Ana Unified School District 28-1-2020
- Santa Ana Unified School District 29-1-2020
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Algebra I Requirement for Graduation)
Subject: Request by Pajaro Valley Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2019–20 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation for one student with disabilities based on Education Code Section 56101, the special education waiver authority.
Waiver Number: 2-3-2020
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Child Specific/ NPA or NPS Certification)
Subject: Request by Redlands Unified School District to waive California Education Code Section 56366(d), the requirement for nonpublic, nonsectarian schools or agencies to be California-certified, to allow the use of state and federal special education funds for the placement of one high school student with disabilities at an out-of-state school that is not California-certified located in Mountain Home, Idaho.
Waiver Number: 19-2-2020
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Extended School Year)
Subject: Requests by sixteen 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:
- Butte County Office of Education 21-1-2020
- Chico Unified School District 8-2-2020
- El Centro Elementary School District 10-2-2020
- Fall River Unified School District 2-1-2020
- Fremont Union High School District 22-1-2020
- Hanford Elementary School District 9-2-2020
- Kings County Office of Education 15-2-2020
- Lake County Office of Education 2-2-2020
- Monterey Peninsula Unified School District 13-1-2020
- Mountain Empire Unified School District 14-1-2020
- Oroville City Elementary School District 6-1-2020
- Paradise Unified School District 24-1-2020
- Red Bluff Unified School District 5-1-2020
- San Diego County Office of Education 12-1-2020
- Tulare County Office of Education 3-1-2020
- Visalia Unified School District 1-1-2020
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION PROGRAM (Resource Teacher Caseload)
Subject: Request by Moreland 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: 27-1-2020
(Recommended for APPROVAL WITH CONDITIONS)
SCHOOL DISTRICT REORGANIZATION (Elimination of Election Requirement)
Subject: Requests by sixteen local educational agencies to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.
Waiver Numbers:
- Arcata Elementary School District 6-2-2020
- Brea-Olinda Unified School District 23-1-2020
- Cabrillo Unified School District 18-3-2020
- Cotati-Rohnert Park Unified School District 20-1-2020
- El Tejon Unified School District 4-4-2020
- Folsom-Cordova Unified School District 20-3-2020
- Gilroy Unified School District 17-3-2020
- Glendora Unified School District 3-2-2020
- Hacienda la Puente Unified School District 12-2-2020
- Napa Valley Unified School District 23-2-2020
- Rosedale Union Elementary School District 5-4-2020
- Rowland Unified School District 8-3-2020
- San Juan Unified School District 15-3-2020
- Solana Beach Elementary School District 1-4-2020
- Sonoma Valley Unified School District 4-2-2020
- South San Francisco Unified School District 3-3-2020
(Recommended for APPROVAL)
SCHOOL DISTRICT REORGANIZATION (Governing Board)
Subject: Request by River Delta Joint Unified School District to waive California Education Code Section 5020, which requires an election to adopt one of the alternative methods of electing governing board members in Section 5030.
Waiver Number: 25-2-2020
(Recommended for APPROVAL)
OTHER WAIVERS (Employment - Retirement System)
Subject: Request by San Luis Obispo County Office of Education to waive California Education Code Section 45134(c), to allow the employment of a State Teachers’ Retirement System retiree as a classified Instructional Specialist for the Visually Impaired.
Waiver Number: 11-2-2020
(Recommended for APPROVAL)
STATE MEAL MANDATE (Summer School Session)
Subject: Request from Liberty Elementary (LE) under the authority of EC Section 49548 to waive EC Section 49550, the State Meal Mandate for public schools, during the summer school session.
Waiver Number: Liberty Elementary 22-2-2020
(Recommended for APPROVAL WITH CONDITIONS)
STATE MEAL MANDATE (Summer School Session)
Subject: Request from Wiseburn Unified School District under the authority of California Education Code (EC) Section 49548 to waive EC Section 49550, the State Meal Mandate for public schools during the summer school session.
Waiver Number: Wiseburn Unified School District 5-2-2020
(Recommended for APPROVAL WITH CONDITIONS)
SPECIAL EDUCATION (Educational Interpreter)
Subject: Requests by Santa Clara County Office of Education and Kern High School District to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Rebecca Alcantara, Michelle Evans, Brittany Verbeckmoes, Yolanda Cortes, Marcela Padilla, Angie Dennis, and Kirsten Watkins to continue to provide services to students until June 30, 2021, under a remediation plan to complete those minimum requirements.
Waiver Numbers:
- Santa Clara County Office of Education 7-1-2020
- Santa Clara County Office of Education 8-1-2020
- Santa Clara County Office of Education 9-1-2020
- Santa Clara County Office of Education 11-1-2020
- Kern High School District 15-1-2020
- Kern High School District 16-1-2020
- Kern High School District 17-1-2020
(Recommended for APPROVAL WITH CONDITIONS)
END OF WAIVERS
Subject: Consideration of a Request 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
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
Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.
Type of Action: Action, Information
Subject: Approval of 2019–20 Consolidated Applications.
Type of Action: Action, Information
Subject: World Languages Framework for California Public Schools, Kindergarten Through Grade Twelve, 2020 Revision: Approval of the Revision of the Schedule of Significant Events.
Type of Action: Action, Information
Subject: 2020 Arts Education Framework for California Public Schools, Transitional Kindergarten Through Grade Twelve: Approval of the Revision of the Schedule of Significant Events.
Type of Action: Action, Information
Subject: Cancellation of the 2020 California Health Instructional Materials Adoption.
Type of Action: Action, Information
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 liaison reports; training of Board members; and other matters of interest.
Type of Action: Action, Information
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 Web site [http://www.cde.ca.gov/be/ag/]. 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 send an electronic copy to SBE@cde.ca.gov, with the item number clearly marked in the subject line. Additional opportunities to provide public comment at the meeting are detailed under SBE Meeting Logistics.