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.
The Board will hold a Closed Session to consider the following item:
CONFERENCE WITH LEGAL COUNSEL Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and (e) of Government Code Section 54956.9: 1 Case
The Board will meet in closed session to appoint an Interim County Superintendent of Schools pursuant to Government Code 54957 (Public Employment /Appointment– Appointment of Interim County Superintendent) with appointment to be effective November 16, 2017.
Report of Actions Taken in Closed Session
The superintendent may give a report on any activities related to his duties.
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.
Request Approval of Minutes of Regular Board Meeting of November 1, 2017.
Administrator
Jon R. Gundry, County Superintendent of Schools
Jeanette Rodriguez-Chien, Ed.D., Chief Academic Officer
Background
According to US News and World Report, the Bureau of Labor Statistics projects a 37.5% growth in the "computer systems design and related services" industry by 2022; from 1.6 million jobs in 2012 to more than 2.2 million in 2022. But according to the Information Technology and Innovation Foundation only one in ten schools nationwide currently are teaching computer science classes.
The major goals of supporting computer science education throughout Santa Clara County include assisting school districts to:
Fiscal Implications
None
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. The components of oversight previously address in BP 0420.41 have been incorporated into BP 0420.4. On October 18, 2017, the Policy Development Subcommittee met and approved the revised version of BP 0420.4 - Charter Schools. These policies were presented to the Board for first reading on November 1, 2017. The Memo presented to board on November 1, 2017, is reattached here and summarized the changes and additions to the policy.
Administrator
Jon R. Gundry, County Superintendent of Schools
Mary Ann Dewan, Ph.D., Deputy Superintendent
Background
The following donation was made to the Santa Clara County Office of Education:
Program: | Office of the Superintendent |
Donor: | Silicon Valley Community Foundation |
Donation: | $250 - Early Learning Master Plan Event |
Fiscal Implications
The above donation will be deposited in the respective program account.
Administrator
Jon R. Gundry, County Superintendent of Schools
Mary Ann Dewan, Ph.D., Deputy Superintendent
Khristel Johnson, Director, Charter Schools
Background
On October 25, 2017, the Charter Schools Office of the Santa Clara County Office of Education received a countywide charter petition renewal request from Summit Public Schools: Denali. Summit Denali is seeking approval to renew a countywide benefit public charter, which is currently serving students in grades 6-10 for a continuing charter term of five years beginning in July 2018 to continue to grow to serve students in grades 6-12. Summit Denali was initially approved as a countywide 6-12 grade charter school in December 2012 for a five-year term. Current enrollment is 483 students (grades 6-10) with capacity at 750 students (grades 6-12) by 2022. Denali’s mission is to prepare heterogeneous student populations for success in college and to be thoughtful, contributing members of society. The school aims to provide a personalized learning experience that affords each and every student the opportunity to achieve their academic goals regardless of their previous preparation and background. To this end, Summit Public Schools: Denali seeks to develop educators that are trained and skilled in best practices that enhance achievement for all students. The school aspires to serve as a model for schools endeavoring to prepare all students for post-secondary academic pursuits.
California Education Code Section 47605.5 (b), 47607, and section 11966.4 of the California Code of Regulations, Title 5 require 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, at which time the County Board of Education shall consider the level of support for the renewal 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 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.”
The complete petition is attached to this agenda and is also available for review at https://www.sccoe.org/supoffice/charter-schools-office/Pending/Summit%20Public%20Schools%20Denali%20Charter%20Renewal.pdf
Administrator
Jon R. Gundry, County Superintendent of Schools
Mary Ann Dewan, Ph.D., Deputy Superintendent
Khristel Johnson, Director, Charter Schools
Background
The Opportunity Youth Academy Countywide Dependent Charter School Petition (ages 16-14) was approved by the Santa Clara County Board of Education on August 17, 2016, and began operation in August 2016.
On October 24, 2017, the Santa Clara County Board of Education received a request for material revision from Opportunity Youth Academy Charter School to update its graduation requirements. OYA intends to add an additional 200 credit track to its existing 220 credit track.
A public hearing on the requested revision was held on November 1, 2017.
The complete revised petition is available for review at https://www.sccoe.org/supoffice/charter-schools-office/Pending/OYA%20Material%20Revision.pdf
Consideration of Board Decision
Pursuant to Education Code §47607(a)(1), the County Board must consider whether to approve the material revision. Material revisions for countywide charters are governed by the standards and criteria in Education Code §47605 and 47605.6. Therefore, if the County Board should decide to deny the Opportunity Youth Academy Charter material revision, the Board must make “written factual findings, specific to the particular petition, setting for specific facts to support one or more of the following findings:
Staff finds no basis for denial of this request.
However, as a countywide charter, Opportunity Youth Academy is governed by the provisions and requirements of Education Code Section 47605.6, but the Charter mistakenly cites to and references Education Code Section 47605 (applicable to district appeals). As such, the Charter should be updated to reflect the correct Education Code provision.
Requested Action
Staff recommends the County Board approve the material revision with the condition that the Charter be updated to reflect the correct legal standard by February 15, 2018.
Administrator
Jon R. Gundry, County Superintendent of Schools
Mary Ann Dewan, Ph.D., Deputy Superintendent
Khristel Johnson, Director, Charter Schools
Background
The charter for Voices College Bound Language Academy at Morgan Hill (VMH, Voices, or Voices Morgan Hill) expires on June 30, 2018. On September 1, 2017, Voices delivered to the Charter Schools Office of the Santa Clara County Office of Education a renewal petition for a Santa Clara County Office of Education (SCCOE) authorized independent, district appeal charter school for the Voices College Bound Language Academy at Morgan Hill. On September 14, 2017, Voices withdrew its petition and resubmitted on September 14, 2017, to correct minor grammatical errors in its executive summary. Voices Morgan Hill is seeking approval for renewal of a public charter elementary school, serving students in grades TK-8 for a renewal charter term of five years beginning in July 2018. VMH currently serves 199 students and is located in Morgan Hill Unified School District. VMH was initially approved on November 19, 2014, and opened in August of 2015.
On September 20, 2017, the County Board of Education held a public hearing on the VMH Charter Renewal Petition. On October 3, 2017, SCCOE Charter School staff conducted a comprehensive site visit and interviewed, parents, teachers, and staff.
The Education Codes 47607 and 47605 and California Code of Regulation, Title 5, section 11966.4 require that the County Board of Education “shall either grant or deny the charter renewal 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.” Voices and SCCOE agreed in writing to the additional 30 day extension so that the decision hearing could be held on November 15, 2017.
A copy of the renewal petition can be found at: http://www.sccoe.org/supoffice/charter-schools-office/Pending/Voices%20Morgan%20Hill%20Renewal.pdf
CRITERIA FOR RENEWAL OF A CHARTER PETITION
A petition submitted for renewal per Education Code section 47607 shall be considered by the governing board upon receipt with all of the following requirements (California Code of Regulations, Title 5, section 11966.4)
CRITERIA FOR APPROVAL OF A CHARTER PETITION
Education Code section 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”:
REVIEW OF THE PETITION
Staff reviewed the Petition using the criteria established in California Education Code 47605(b), 47607, and County Board Policy 0420.4 (c) and found:
1. Determination of Academic Performance
Staff finds that Voices Morgan Hill meets the criteria for renewal.
2. Review of the Charter Petition
3. Past performance of the school’s academics, finances, and operation in evaluating the likelihood of future success, along with future plans for improvement if any Staff finds that Voices Morgan Hill meets the criteria for renewal.
REQUESTED ACTION
It is the recommendation of the Charter Staff to approve the Renewal Petition subject to the conditions specified in the Staff Analysis and Proposed Findings of Fact and adopt the Board Resolution for renewal of Voices College Bound Language Academy at Morgan Hill for the period of July 1, 2018, through June 30, 2023.
Administrator
Jon R. Gundry, County Superintendent of Schools
Megan K. Reilly, Chief Business Officer
Laurie Sauro, Director, Internal Business Services
Background
This report reflects budget revisions for the month of October 2017. If an expenditure budget is increased, it is supported either by an increase in revenue, a decrease in carryover (use of carryover), a decrease in fund balance or any combination of the three. If an expenditure budget is decreased, the result could be due to a decrease to estimated revenue, or an increase to credit it back to fund balance.
During the month of October 2017, we increased expenditure budgets by $15,105,543, increased revenue by $9,522,199, decreased carryover by $9,411,990 and increased fund balance by $3,828,646.
Requested Action
Approve the Budget Revisions for the Month of October 2017.
President Chang
Action Item: Receive Report Regarding Closed Session of November 8, 2017.
Background
As reported out verbally in open session following the Board’s closed session on November 8, 2017, the Board authorized accepting a settlement offer in the form of a Severance Agreement and General Release relating to County Superintendent, Jon Gundry. Consistent with the Brown Act, that executed agreement has been available to the public since its execution. In addition, the executed agreement is attached to this report.
Action
Accept the document entitled Severance Agreement and General Release relating County Superintendent, Jon Gundry in the amount of $150,893.00, which amount does not exceed the salary amount remaining on the applicable contract, exclusive of health benefits.
Administrator
Jon R. Gundry, County Superintendent of Schools
Megan K. Reilly, Chief Business Officer
Background
Per Board Policy BP 3312 (a), contract agreements estimated to exceed $250,000 shall be placed on the agenda of regular County Board meetings as individual information items.
The table below summarizes the contract processed in the month of October 2017 for the Special Education Local Plan Area (SELPA) program for Non-Public Schools (NPS) for the 2017-18 school year.
Each master contract between Santa Clara County Office of Education (SCCOE) and the vendor provides Special Education and/or related services to individuals with disabilities under the authorization of Education Code Sections 56157 and 56365-56366.7. The contracts specify the rates to be charged for the services provided. Services are identified in the student's Individual Education Plans (IEPs).
An Individual Service Agreement (ISA) for Non-Public/Non-Sectarian School/Agency (NPS/NPA) Services is part of the master contract as determined by SCCOE. ISAs are issued for those pupils enrolled with the approval of SCCOE.
The estimated contract amount was determined based upon a review of past year services and anticipated charges for 2017-18. The costs are fully reimbursed by the student's district of residence. The total estimates for all Non-Public Schools exceed $250,000. This contract processed in the month of October is provided here. Attached is the template for the Master Contract for Non-Sectarian, Non-Public School and Agency Services for the 2017-18 school year.
Fiscal Implications
Vendor | Description | Contract Type | Branch | Responsible Person | Contract Amount |
The Bay School | 2017-18 Master SELPA contract for Non-Public, Non-Sectarian School/Agency Services, currently serving 3 students. | Renewal | Student Services | Steve Olmos, Ed.D. | $ 337,000 |
Estimated Contract Total Amount | $ 337,000 |
Administrator
Jon R. Gundry, County Superintendent of Schools
Megan K. Reilly, Chief Business Officer
Background
Per Board Policy BP 3312 (a), contract agreements estimated to exceed $250,000 shall be placed on the agenda of regular County Board meetings as individual information items.
The 2017-18 contract is for the second year license fee for the School for Integrated Academics and Technologies, Inc (SIA Tech)'s customized curriculum, for use at Santa Clara County Office of Education's "Opportunity Youth Academy" charter school. SIA Tech's curriculum offers a unique educational experience to students through an integration of core academics, workplace and college readiness skills, and industry-standard software programs, targeting students 16 to 24 years of age.
The license fee provides Santa Clara County Office of Education with 150 licenses, five (5) days of professional development training, as well as continued technical support and workforce partnership development services.
Fiscal Implications
Vendor | Description | Contract Type | Branch | Responsible Person | Contract Amount |
School for Integrated Academics and Technologies, Inc. (SIA Tech) | 2017-18 contract for an annual license fee for 150 licenses for SIA Tech's customized curriculum used at Opportunity Youth Academy charter school. | Renewal | Student Services | Steve Olmos, Ed.D. | $297,600 |
Administrator
Jon R. Gundry, County Superintendent of Schools
Megan K. Reilly, Chief Business Officer
Background
Per Board Policy BP 3312 (a), contract agreements estimated to exceed $250,000 shall be placed on the agenda of regular County Board meetings as individual information items.
This second amendment increases the existing 2017-18 contract with Hopkins and Carley for legal services regarding employment litigation. This amendment adds $200,000, which brings the total value of the amended contract to $490,621.
Hopkins and Carley provide legal services to the Office of the Superintendent in personnel and litigation matters. The firm handles a broad range of employment law matters, including counseling on day-to-day issues and litigation of disputes before courts and administrative agencies.
Fiscal Implications
Vendor | Description | Contract Type | Branch | Responsible Person | Contract Amount |
Hopkins and Carley | Second amendment to the 2017-18 contract for legal services regarding employment litigation. Portions of this expenditure are reimbursable by South Bay Area Schools Insurance Authority (SBASIA), the Santa Clara County Office of Education (SCCOE) liability Joint Powers. | Amendment | Office of the Superintedent | Mary Ann Dewan, Ph.D. | $490,621 |
Administrator
Jon R. Gundry, County Superintendent of Schools
Steve Olmos, Ed.D., Chief Schools Officer
Background
California Department of Education has developed the School Dashboard Local Indicators to improve and emphasize equity by focusing on student group performance. This new multiple measures system replaces the former Academic Performance Index (API), which was based solely on testing results, and the federal requirement to calculate Adequate Yearly Progress (AYP). These indicators include state and local indicators.
The State Indicators in the New State and Federal Accountability System
The criteria established for the state indicators include: (1) being valid and reliable measures, (2) having comparable, state-level data, and (3) the ability to disaggregate data by student groups. These criteria ensure a common and comparable way of measuring performance on the indicators across the state. The state indicators apply to all Local Education Agencies (LEAs), schools, student groups (e.g., race/ethnicity, socioeconomically disadvantaged, English Language Learners, Foster Youth, homeless, and students with disabilities), and progress on the indicators are reported through the Dashboard.
Local Indicators in the New State and Federal Accountability
There are several Local Control Funding Formula (LCFF) priority areas that do not meet the criteria established for the state indicators. These remaining priority areas are considered local indicators and will be reported as Met, Not Met, or Not Met for Two or More Years for each applicable indicator. Standard can be reported as Met if the LEA gathers the applicable local data and reports the results at a regularly scheduled public meeting of the local governing board. The local indicators only apply at the LEA level. LEAs will use the local indicators to evaluate and report their progress on priority area. The local indicators will only appear on the LEA Dashboard.
The following will be reported to the California Department of Education prior to December 1, 2017.
Administrator
Jon R. Gundry, County Superintendent of Schools
Jeanette Rodriguez-Chien, Ed.D., Chief Academic Officer
Background
As per Education Code §1240(F)(i), the county superintendent has submitted this annual report to the governing board of each school district, the county board of education, and the board of supervisors reflecting the findings of the 44 schools in 11 school districts that were subject to instructional materials and facilities monitoring in the fall of 2017.
The report is attached.
Fiscal Implications
None
Administrator
Jon R. Gundry, County Superintendent of Schools
Steve Olmos, Ed.D., Schools Chief Officer
Background
As per the Head Start Act, all Head Start agencies are required to provide program information to the Board of Education. Attached are the following reports:
Program Information Report 2017-18 (PIR) – September 2017
Provides information on progress of services provided to children and families to meet required timelines as per specific indicators and thresholds
Financial Report – HS Basic/EHS Basic Total Grant Award – September 2017
Provides the status of program budget and financial oversight
In-Kind Contribution Required
Indicates the progress of required matching contribution required by grant ($6,676,866)
Purchase Card Summary – September 2017
Serves as an oversight check of program expenses
California Child Food Program Summary Reports (USDA) – September 2017
Serves as an oversight check on program expense
Enrollment Report – September 2017
Summarizes the year to date enrollment activity in the Head Start Program to comply with enrollment requirements
Policy Subcommittee Chair
Rosemary Kamei
Administrator
Jon R. Gundry, County Superintendent of Schools
Dr. Mary Ann Dewan, Deputy Superintendent
Background
On November 1, 2017, the Policy Development Subcommittee met and approved the revised versions of BP 0410 - Nondiscrimination in SCCOE Programs and BP 1312.3 - Uniform Complaint Procedures.
Upcoming Items:
Pending Items:
The next Santa Clara County Board of Education meeting is scheduled for December 13, 2017.