1. CALL TO ORDER
Subject
A. Roll Call (Including Action on Absences if Necessary)
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
1. CALL TO ORDER
Type
Information
Subject
B. Adoption of Agenda
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
1. CALL TO ORDER
Type
Action

 

 

Subject
C. Pledge of Allegiance
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
1. CALL TO ORDER
Type
Procedural

 

 

2. EMPLOYEE OF THE MONTH
Subject
A. The Santa Clara County Office of Education recognizes ten employees each year. Mike Ramer from Student Services is being honored as the Employee of the Month for the month of November 2017.
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
2. EMPLOYEE OF THE MONTH
Type
Recognition

Administrator

Jon R. Gundry, County Superintendent of Schools

Peter Daniels, Chief of Public Affairs

 

Background

The Santa Clara County Office of Education recognizes ten employees each year. Mike Ramer from Student Services is being honored as the Employee of the Month for the month of November 2017.

 

 

3. PUBLIC COMMENTS OF PERSONS DESIRING TO ADDRESS THE BOARD
Subject
A. At this time, members of the public may address the Board on any issue within the subject matter jurisdiction of the Board that is not listed on this agenda. Members of the public may also address the Board on an agenda item before or during the Board's consideration of the item.
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
3. PUBLIC COMMENTS OF PERSONS DESIRING TO ADDRESS THE BOARD
Type
Procedural

At this time, members of the public may address the Board on any issue within the subject matter jurisdiction of the Board that is not listed on this agenda. Members of the public may also address the Board on an agenda item before or during the Board's consideration of the item.  No action can be taken on an item not on the agenda at this time, but may be referred to the administration or put on a future agenda.  In accordance with Board Bylaw 9323, individual remarks will be limited to 3 minutes each, unless otherwise stipulated.

 

 

 

4. SUPERINTENDENT'S REPORT
Subject
A. The superintendent may give a report on any activities related to his duties.
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
4. SUPERINTENDENT'S REPORT
Type
Information

The superintendent may give a report on any activities related to his duties.

5. COUNTY BOARD OF EDUCATION MEMBER REPORTS
Subject
A. The members of the Board may give reports on any activities related to their duties as members of the Santa Clara County Board of Education.
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
5. COUNTY BOARD OF EDUCATION MEMBER REPORTS
Type
Information, Reports

The members of the Board may give reports on any activities related to their duties as members of the Santa Clara County Board of Education.

6. PUBLIC HEARING
Subject
A. Public Hearing for Material Revision of Opportunity Youth Academy (OYA)
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
6. PUBLIC HEARING
Type
Procedural
Goals
Santa Clara County Office of Education Goal #1
Santa Clara County Office of Education Goal #2

Administrator

Jon R. Gundry, County Superintendent of Schools

Mary Ann Dewan, Ph.D., Deputy Superintendent

Khristel Johnson, Director, Charter Schools

 

Background

On October 24, 2017, the Charter Schools Office of the Santa Clara County Office of Education received a material revision request to charter petition from Opportunity Youth Academy Charter School.  OYA is seeking approval to materially revise its graduation requirements contained in its public charter effective July 1, 2017.  Opportunity Youth Academy was initially approved as a countywide SCCOE dependent charter on August 16, 2016, to serve students age 16-24.

 

California Education Code Sections 47607 and 47605.6 require that “no later than 60 days after receiving a petition” the County Board of Education “shall hold a public hearing on the provisions of the charter, at which time the County Board of Education shall consider the level of support for the material revision to the charter petition by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities.”

 

The Education Code further stipulates that the County Board of Education “shall either grant or deny the charter within 90 days of receipt of the petition.  However, this date may be extended by an additional 30 days if both parties agree to the extension.” 

 

The complete petition is attached to this agenda and is also available for review at: https://www.sccoe.org/supoffice/charter-schools-office/Pending/OYA%20Material%20Revision.pdf 

 

 

 

 

7. ACTION ITEMS
Subject
A. Decision on KIPP East Side High Charter School
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
7. ACTION ITEMS
Type
Action
Goals
Santa Clara County Office of Education Goal #1
Santa Clara County Office of Education Goal #2

Administrator

Jon R. Gundry, County Superintendent of Schools

Mary Ann Dewan, Ph.D., Deputy Superintendent

Khristel Johnson, Director, Charter Schools

 

Background

On September 5, 2017, the Charter Schools Office of the Santa Clara County Office of Education received a Petition for the KIPP East Side High School Charter School (“Petition”), a district appeal 9th – 12th grade charter school proposing to serve 500 students and to be located in East Side Union High School District. KIPP East Side High was denied by East Side Union High School District on August 17, 2017. It appealed its petition to the SCCOE and plans to open its doors during the fall of 2018.  Here is the link to the submitted petition:

https://www.sccoe.org/supoffice/charter-schools-office/Pending/KIPP%20East%20Side%20High%20School%20Charter%20Petition.pdf 

 

On September 20, 2017, the County Board of Education held a public hearing on the KIPP East Side High School.

 

California Education Code Sections 47605 requires that “no later than 30 days after receiving a petition” the County Board of Education shall hold a public hearing on the provisions of the charter petition at which time it is to consider the level of support from the district employees and the parents/guardians. The Education Code further directs that the County Board of Education “shall either grant or deny the charter within 60 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension.”

 

CRITERIA FOR APPROVAL OF A CHARTER PETITION

 

Education Code § 47605 (b) makes clear that governing boards are to be aware “of the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that establishment of charter schools should be encouraged. The [County Board of Education] shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice. The [County Board of Education] shall not deny a petition for the establishment of a charter school unless it makes written factual findings to support one or more of the following findings”:

  1. The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
  2. The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
  3. The petition does not contain the number of signatures required by statute.
  4. The petition does not contain an affirmation of each of the conditions required by statute.
  5. The petition does not contain reasonably comprehensive descriptions of the required elements.
  6. The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for the purposes of the Educational Employees Relations Act (EERA).

REVIEW OF THE PETITION

 

Staff reviewed the Petition using the criteria established in California Education Code 47605(b) and County Board Policy 0420.4 (c) and found:

 

1. Unsound Educational Program

Staff found there is a need to clarify some matters, specifically issues related to Section 504 compliance, in order for the Petition to present a sound educational program.

 

2.  Demonstrably Unlikely to Implement the Program

Staff found facts that demonstrate that the Petitioners are likely to successfully implement the program.

 

3. Required signatures: The signature requirement set forth in Education Code Section 47605 (b) (3).

Staff found that the Petition contains the required signatures.

 

4. Affirmation of each of the conditions required by statute 47605(b)(4)

Staff found that the Petition contains the required affirmations. 

 

5. Reasonably comprehensive description of the required elements

Staff found that the Petition did contain a reasonably comprehensive description of all of the required elements. Greater detail is provided in the Staff Analysis dated November 1, 2017.

 

6. Exclusive Public School Employer

Staff found that the Petition contained the required affirmation.

 

7. Grade Level, Location, Students Served

The Petition meets requirements to serve students in the grade levels specified and facilities to be located within East Side Union High School District.

 

8. Other Criteria in Statute

The Petition incorrectly states that KIPP may operate additional sites upon receipt of approval by the County Superintendent, but sites may be added only upon SCCBOE approval of a material revision.

 

REQUESTED ACTION

 

Staff reviewed the Petition utilizing the criteria for approval set forth in Education Code Section 47605.  Based on its comprehensive review and analysis of the Petition, Staff finds that the Charter School meets the required components for approval. 

 

Staff recommends that the Board take action to approve this Petition, by adoption of the proposed Resolution Approving the Charter for KIPP East Side High School Charter School and require KIPP to enter into an MOU no later than January 15, 2018 to address the issues described above and to outline the SCCOE and KIPP’s agreements governing their respective fiscal, operational, and administrative responsibilities, their legal relationship, and other matters not otherwise addressed or resolved by the terms of the Charter.    

 

 

8. CONSENT ACTION ITEMS
Subject
A. Request Approval of Minutes of Regular Board Meeting of October 18, 2017 (#2211)
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
8. CONSENT ACTION ITEMS
Type
Action (Consent)

Request Approval of Minutes of Regular Board Meeting of October 18, 2017.

Subject
B. Request Approval of Minutes of Special Board Meeting of October 4, 2017 (#2210-S3)
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
8. CONSENT ACTION ITEMS
Type
Action (Consent)

Request Approval of Minutes of Special Board Meeting of October 4, 2017 (#2210-S3).

 

9. INFORMATION ITEMS
Subject
A. Student Services Branch Report: Foster Youth Services
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
9. INFORMATION ITEMS
Type
Information

Administrator

Jon R. Gundry, County Superintendent of Schools

Steve Olmos. Ed.D., Chief Schools Officer

 

Background

Student Services Branch has been charged with providing a report of Branch programs and activities.  This report of the Student Services Branch will focus on Foster Youth Services.

 

 

The purpose of this presentation is to provide the Board with program information, an update of the status of key initiatives for the 2016-2017 school year, and to share the impact of our programs in the community.

 

 

 

Subject
B. Employee Compensation Increase Exceeds the EC 1302(a) Limit
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
9. INFORMATION ITEMS
Type
Information
Goals
Santa Clara County Office of Education Goal #3

Administrator

Jon R. Gundry, County Superintendent of Schools

Philip J. Gordillo, Chief Human Resources Officer

 

Background

Education Code 1302(a) requires any salary increase of $10,000 or more to be discussed by the County Board of Education at a regularly scheduled meeting. Recent promotions will result in excess of the $10,000 limit for two (2) employees.

 

Fiscal Implications

The following chart outlines the employee name, prior position title, new position title, reason for the salary increase, prior annual salary, new annual salary and the salary increase for each employee. These employees are slated to receive a salary increase of $10,000 or more.

 

 

 

Last Name

First Name

Prior Position Title

New Position Title

Reason

(See Legend)

Prior

Annual Salary

New Annual Salary

Salary

Increase

1

Doan

Tram

Web Developer/Programmer

Web Developer/Programmer-Senior

C

$108,518.40

$122,025.24

$13,506.84

2

Sandoval, Jr.

Eric

Web Developer/Programmer

Web Developer/Programmer-Senior

C

$108,518.40

$122,025.24

$13,506.84

 

 

LEGEND:

A:  Interim promotion (temporary only)

B:  Increase in calendar

C:  Promotion

D:  Position reinstatement

E:  Promotion and increase in calendar

F:  Position change and increase in calendar

G:  Increase in FTE

H:  Position reclassification

 

 

 

 

Subject
C. Charter Schools Update
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
9. INFORMATION ITEMS
Type
Information
Goals
Santa Clara County Office of Education Goal #1
Santa Clara County Office of Education Goal #2

Administrator

Jon R. Gundry, County Superintendent of Schools

Mary Ann Dewan, Ph.D, Deputy Superintendent

Khristel Johnson, Director, Charter Schools

 

Background

A Charter Schools update is provided as a standing item at each regular meeting.

 

 

Public Choice Schools Symposium

An update on the Public Choice Schools Symposium event will be presented.

 

Special Board Meeting

On November 8, 2017, SCCBOE will hold a special board meeting on Charter Schools.  The draft agenda for the meeting is attached.

 

 

Petition Calendar Update

 

November 15     Voices Decision Hearing

                         OYA Decision Hearing

                         Summit Denali Public Hearing

 

December 13      Summit Denali Decision Hearing

Subject
D. First Reading of Board Policy 0420.4 - Charter Schools and Board Policy 0420.41 - Charter School Oversight
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
9. INFORMATION ITEMS
Type
Information
Goals

Policy Subcommittee Chair

Rosemary Kamei

 

Administrator

Jon R. Gundry, County Superintendent of Schools

Dr. Mary Ann Dewan, Deputy Superintendent

 

Background

On March 1, 2017 the Policy Development Subcommittee met and approved the deletion of BP 0420.41 - Charter School Oversight.  On October 18, 2017 the Policy Development Subcommittee met and approved the revised version of BP 0420.4 - Charter Schools. 

 

BP 0420.4 - Charter Schools

Policy revised to align Board practice with education code and provide detailed information of the charter schools process.

 

BP 0420.41 - Charter School Oversight

Recommended deletion of policy; components of policy that are relevant added to revised version of BP 0420.4 - Charter Schools.

 

 

 

10. BOARD COMMITTEE REPORTS
Subject
A. Committee members may provide or report on recent committee activities.
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
10. BOARD COMMITTEE REPORTS
Type
Information

  1. Policy Subcommittee, Dec 13 (Trustee Kamei, Chair)
  2. Budget Study Committee, Nov 9 (Superintendent Gundry, Chair)
  3. Joint Legislative Advisory Committee (JLAC), Nov 15 (Trustee Di Salvo, Chair)
  4. Joint Committee on Child Care (JCCC), Dec 13 (Trustees Green and Rossi)
  5. Head Start Policy Council, Nov 21(Trustee Green)
  6. Santa Clara County School Boards Association (SCCSBA), Oct 25 (Trustee Kamei)
  7. Warmenhoven Inclusion Collaborative, Feb 23, 2018 (Trustee Di Salvo)
  8. California School Boards Association (CSBA) Delegate, Nov 30-Dec 1 (Trustee Kamei)
  9. California County Boards of Education (CCBE) Board of Directors, Nov 30 (Trustee Kamei)
  10. Ad Hoc Charter Schools Committee TBD (Trustees Mah, Kamei, and Rossi)

 

11. FUTURE AGENDA ITEMS
Subject
A. Requested items by Board members may be addressed at this time.
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
11. FUTURE AGENDA ITEMS
Type
Information

Upcoming Items:

  1. Branch Reports (Trustee Mah) 

 

  Pending Items:

  1. Equity for API students in higher education (Trustee Song)
  2. Best Practices for Students with Mental Health in Elementary, Middle School, and High School (Trustee Di Salvo)
  3. Discussion regarding the Attorney General's Opinion of county board of education involvement in personnel matters in Closed Session (Trustee Di Salvo)

 

12. CLOSED SESSION
Subject
A. The Board will hold a Closed Session to consider the following item: Public Employee Performance Evaluation Title: County Superintendent of Schools (Government Code Section 54957)
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
12. CLOSED SESSION
Type

The Board will hold a Closed Session to consider the following item:  

 

Public Employee Performance Evaluation  Title:  County Superintendent of Schools (Government Code Section 54957)

 

 

13. OPEN SESSION (Immediately Following Closed Session) (San Jose Room)
Subject
A. Report of Actions Taken in Closed Session
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
13. OPEN SESSION (Immediately Following Closed Session) (San Jose Room)
Type
Information
14. ADJOURNMENT
Subject
A. The next Santa Clara County Board of Education meeting is scheduled for November 8, 2017 (this is a Special Board meeting).
Meeting
Nov 1, 2017 - Regular Board Agenda (#2212)
Category
14. ADJOURNMENT
Type
Information

The next Santa Clara County Board of Education meeting is scheduled for November 8, 2017 (this is a Special Board meeting).  For Board agendas and meeting minutes, please see our website at www.sccoe.org under the County Board of Education page.