1. CALL TO ORDER
Subject
A. Roll Call
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
1. CALL TO ORDER
Type
Procedural
Subject
B. Adoption of Agenda
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
1. CALL TO ORDER
Type
Action

 

 

Subject
C. Pledge of Allegiance
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
1. CALL TO ORDER
Type
Procedural

 

 

2. EMPLOYEE OF THE MONTH
Subject
A. The Santa Clara County Board of Education recognizes ten employees each year. Aley Thomas, the Teacher in Charge at Norwood Creek Elementary School is being honored as the Employee of the Month for the month of December.
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
2. EMPLOYEE OF THE MONTH
Type
Recognition

Administrator

Mary Ann Dewan, Ph.D., County Superintendent of Schools

Peter Daniels, Chief Public Affairs Officer

 

Background

The Santa Clara County Board of Education (SCCOE) recognizes ten employees each year for outstanding service to students, parents, coworkers, and customers. Aley Thomas, a Special Education Teacher at Norwood Creek Elementary School, is being honored as the Employee of the Month for outstanding skills and accomplishments on the job, dedication to exceptional service, and commitment to excellence. 

 

 

 

3. SPECIAL RECOGNITION
Subject
A. Golden Bell Award Recognition
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
3. SPECIAL RECOGNITION
Type
Recognition

Administrator

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

Peter Daniels, Chief Public Affairs Officer

 

Background

The SCCOE Curriculum & Instruction STEAM Initiative Innovative Professional Development Program has been chosen as one of the 56 recipients of the state's leading educational honor, the Golden Bell Award. Presented by the California School Boards Association (CSBA), this prestigious award recognizes public school programs that have made a demonstrated difference in the classroom, focus on meeting the needs of all students and which are innovative and sustainable. The Innovative Professional Development Certificates, are a year-long innovative practice model to guide STEAM implementation in the classroom.

 

4. 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
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
4. 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.

 

 

 

5. CLOSED SESSION
Subject
A. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) San Jose Unified School District v. Santa Clara County Office of Education, Santa Clara County Superior Court Case No. 113-CV-241695
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
5. CLOSED SESSION
Type
Discussion

Sa
 

CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION

(Paragraph (1) of subdivision (d) of Section 54956.9)

 

 

San Jose Unified School District v. Santa Clara County Office of Education

Santa Clara County Superior Court Case No.  113-CV-241695

 

 
Subject
B. Interdistrict Attendance Appeal Filed on Behalf of Student, Resident District: Fremont Union High School District, Desired District: Santa Clara Unified School District
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
5. CLOSED SESSION
Type
Action
Preferred Date
Dec 13, 2017
Absolute Date
Dec 13, 2017

Administrator

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

 

Background

 

The County Board will hold a hearing and take action on an interdistrict attendance appeal filed on behalf of a student; Resident District: Fremont Union High School District, Desired District: Santa Clara Unified School District.

 

Subject
C. CONFERENCE WITH LEGAL COUNSEL -- Existing Litigation (Government Code Section 54956.9(d)(1)) Ochoa v. Santa Clara COE, et. al. Case #5:16-cv-03283-HRL.
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
5. CLOSED SESSION
Type
Discussion

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

 

CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION.   (Government Code Section 54956.9(d)(1)) Ochoa v. Santa Clara COE, et. al.  Case #5:16-cv-03283-HRL.

6. OPEN SESSION - Immediately Following Closes Session -- Approximately 6:45 p.m.
Subject
A. Report of Action Taken in Closed Session
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
6. OPEN SESSION - Immediately Following Closes Session -- Approximately 6:45 p.m.
Type
Information

Report of Actions Taken in Closed Session

7. ANNUAL ORGANIZATIONAL MEETING
Subject
A. Election of President of the County Board of Education
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
7. ANNUAL ORGANIZATIONAL MEETING
Type
Procedural
Subject
B. Election of Vice-President of the County Board of Education
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
7. ANNUAL ORGANIZATIONAL MEETING
Type
Procedural
Subject
C. Request Approval of Revised Certification of Signatures for 2018
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
7. ANNUAL ORGANIZATIONAL MEETING
Type
Action
Fiscal Impact
No
Goals
Santa Clara County Office of Education Goal #1

Administrator

 

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

 

Background

 

The Board must approve certification of signature(s) of person or persons authorized to sign, in the absence of the County Superintendent of Schools, for orders drawn on the funds of the Santa Clara County Office of Education, notices of employment and contracts in accordance with the provisions of Education Code Sections 42632 and 42633.

 

Attached is a revised "Certification of Signatures for 2018" for the Board's review.  

 

Subject
D. Adoption of Yearly Calendar for Regular County Board of Education Meetings for 2018
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
7. ANNUAL ORGANIZATIONAL MEETING
Type
Action
Fiscal Impact
No
Goals
Santa Clara County Office of Education Goal #1

Administrator

 

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

 

Background

 

The County Board shall hold an annual organizational meeting in accordance with law and the provisions of Board Bylaw 9100. At its organizational meeting, the County Board shall adopt a yearly calendar for its regular meetings. By Board action, the Board may deviate from its adopted calendar for the convenience of its members or for other reasons. (Education Code 1009.)

 

Regular meetings of the County Board shall be held at such time and place as members determine, but shall not be held less frequently than one meeting per month. The County Board shall generally hold two regular meetings each month, except for January, July, August, and December, when the County Board shall generally meet only once. Unless otherwise posted, regular County Board meetings shall be held on the first and third Wednesdays of each month, at 5:00 p.m., in the San Jose Room of the Santa Clara County Office of Education, 1290 Ridder Park Dr., San Jose. 

 

Below are the proposed meeting dates for 2018:

 

January 17

February 7, 21

March 7, 21

April 4, 18

May 2, 16

June 13, 20

July 18

August 1, 15

September 5, 19

October 10, 24

November 7

Dec 12

 

Subject
E. Discussion of Board Appointments to Subcommittees for 2018
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
7. ANNUAL ORGANIZATIONAL MEETING
Type
Discussion
Goals
Santa Clara County Office of Education Goal #1

Background

 

Annually, the Board President makes appointments to the standing County Board Committees in accordance with Exhibit E 9130.  For your reference, attached is the list of those advisory bodies.

 

Please submit your preferences (1st, 2nd, and 3rd choices) for assignments to these committees.  Attached is a blank list for your submittal.  Please submit your preferences to the Board President by Friday, January 5, 2018.

 

 

Subject
F. Request Approval of Annual Addendum to Board Bylaw 9250 Approved Routine Travel Items for 2018
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
7. ANNUAL ORGANIZATIONAL MEETING
Type
Action
Fiscal Impact
No
Goals
Santa Clara County Office of Education Goal #1

Administrator

 

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

 

Background

 

Board Bylaw 9250 requires the Board to approve a list of routine travel items at its annual organizational meeting.  Once the list is approved, travel by County Board members to the meetings designated is considered pre-approved and members may receive reimbursement for their expenditures.  However, the Board must approve travel items not on this list before travel is initiated by members for travel reimbursement. 

 

Subject
G. Appointment to CSBA Delegate Assembly and CCBE Board of Directors
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
7. ANNUAL ORGANIZATIONAL MEETING
Type

 

Background

 

Each year, member boards elect and/or appoint representatives from 21 geographic regions to CSBA's Delegate Assembly.  The region 20 county Delegate Assembly and California County Boards of Education (CCBE) Board of Directors position is currently held by Vice-President Rosemary Kamei whose term will end March 31, 2018.  Since there is only one county office in region 20, the Santa Clara County Board of Education (SCCBOE) must vote to either re-appoint member Kamei or appoint another member from the SCCBOE to serve on the CSBA's Delegate Assembly and CCBE's Board of Directors for a two-year term beginning April 1, 2018 through March 31, 2020. 

 

The Delegate Assembly is a vital link in the association's governance and sets the general policy direction for the association.  Working with local districts, county offices, the Board of Directors, and Executive Committee Delegates ensure that the association promotes the interests of school districts and county offices of education throughout the state.  There are two required Delegate Assembly meetings each year.  In 2018, the first meeting will be May 19-20 in Sacramento and the second one will be November 28-20 in San Francisco, preceding CSBA's Annual Education Conference and Trade Show.

 

Required Action

 

Re-appoint member Kamei, or appoint another member of the County Board of Education to serve as the representative to the CSBA Delegate Assembly and the California County Boards of Education (CCBE).

 

8. SUPERINTENDENT'S REPORT
Subject
A. The interim county superintendent of schools may give a report on any activities related to her duties.
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
8. SUPERINTENDENT'S REPORT
Type
Information

The interim county superintendent of schools may give a report on any activities related to her duties.

9. 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
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
9. 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.

10. PUBLIC HEARING
Subject
A. Public Hearing on the Spark Charter School Renewal Petition
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
10. PUBLIC HEARING
Type
Information

Administrator

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

Khristel Johnson, Director, Charter Schools

 

Background

On November 17, 2017, the Charter Schools Office of the Santa Clara County Office of Education received a charter petition renewal request from Spark Charter School.  Spark Charter School is seeking approval to renew a district appeal public charter, which is currently serving students in grades TK-8 for a continuing charter term of five years beginning in July 2018. Spark Charter School was initially approved on appeal from Sunnyvale Union School District as a grade TK-8 charter school in October 2014 for a three-year term. Current enrollment is 249 students (grades TK-8) with capacity at 563 students (grades TK-8) by 2024. Spark’s mission to develop self-directed and engaged learners who are independent thinkers as well as socially responsible citizens. In addition, they are committed to fostering creativity, critical thinking, communication and collaboration skills via a student-centered, inquiry-based approach to learning;  Respecting the cognitive, emotional, social, and physical development of each child;  A constructivist approach to developmentally-appropriate instruction;  Strong family involvement;  Continuous improvement of teaching based on current research about how children learn best; and A strong community of faculty, staff, students and parents working together to create a unique, challenging, engaging, and individualized learning environment.

 

California Education Code Section 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, 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/Spark%20Charter%20Renewal%20Petition%202018-23.pdf  

 

 

 

11. CONSENT ACTION ITEMS
Subject
A. Request Approval of Minutes of Special Board Meeting of November 8, 2017 (#2212-S1)
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
11. CONSENT ACTION ITEMS
Type
Action (Consent)

Request Approval of Minutes of Special Board Meeting of November 8, 2017.

Subject
B. Request Approval of Minutes of Regular Board Meeting of November 15, 2017 (2213)
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
11. CONSENT ACTION ITEMS
Type
Action (Consent)

Request Approval of Minutes of Regular Board Meeting of November 15, 2017.

Subject
C. Resolution to Adopt the Declaration of Students Rights in Arts Learning
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
11. CONSENT ACTION ITEMS
Type
Action (Consent)
Preferred Date
Dec 13, 2017
Fiscal Impact
No
Budgeted
No
Goals
Santa Clara County Office of Education Goal #2
Santa Clara County Office of Education Goal #1

Administrator

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

Jeanette Rodriguez-Chien, Ed.D., Chief Academic Officer

 

Background

All California students deserve to have access to quality arts education to provide them with the skills they need to succeed in college, career, and life. Yet particular groups of students experience significant barriers to access, participation and success in arts learning that are directly linked to pervasive inequities in our educational system.

 

Recognizing this, Create CA has launched a statewide effort to promote the Declaration of Rights of All Students to Equity in Arts Learning among districts and organizations which outlines each student's right to have access to high-quality public arts education, regardless of their background, culture, language or geographic location. The declaration highlights that arts learning, which includes dance, music, theater, and visual and media arts, is an essential part of a comprehensive education for all students. Create CA is a state level partner of Artspiration and Santa Clara County Office of Education's STEAM team.

 

Fiscal Implications

None

Subject
D. Second Reading and Adoption of Board Policy 0410 - Nondiscrimination in SCCOE Programs and Activities and Board Policy 1312.3 - Uniform Complaint Procedures
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
11. CONSENT ACTION ITEMS
Type
Action (Consent)
Preferred Date
Dec 13, 2017
Absolute Date
Dec 13, 2017
Fiscal Impact
No
Goals

Policy Subcommittee Chair

Rosemary Kamei

 

Administrator

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

 

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. These policies were presented to the Board for first reading on November 15, 2017.

 

BP 0410 - Nondiscrimination in SCCOE Programs and Activities

Revised policy adds language regarding the use of uniform complaint procedures to investigate and resolve any allegations of unlawful discrimination, expands the means by which notice of the discrimination policy will be distributed, reflects new law which requires posting specified information regarding Title IX on web site by July 1, 2017, and add the responsibility of making it web site accessible to individuals with disabilities.

 

BP/AR 1312.3 Uniform Complaint Procedures

Policy and regulation updated to reflect new law (AB 2306, 2016) which authorizes the use of uniform complaint procedures for complaints alleging noncompliance with requirements related to course credit transfer and exemption from local graduation requirements for former juvenile court school students. Regulation also references new law (SB 1375, 2016) which requires districts, on or before July 1, 2017, to post information relating to Title IX, including specified information about complaint procedures, on their web sites. Additional updates include listing the programs and activities in the policy and regulation as required by CDE.

Subject
E. Accept Donations to the Santa Clara County Office of Education
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
11. CONSENT ACTION ITEMS
Type
Action (Consent)
Preferred Date
Dec 13, 2017
Absolute Date
Dec 13, 2017
Fiscal Impact
Yes
Dollar Amount
$6,000.00
Budgeted
Yes
Budget Source
Special Education and Alternative Education
Goals
Santa Clara County Office of Education Goal #2

Administrator

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

 

Background

The following donations were made to the Santa Clara County Office of Education:

 

Program:  Special Education- Student Services
Donor: South Valley Association for the Developmentally Disabled  
Donation: $2,000
   
Program: Alternative Education - Student Services
Donor: The Arcadia Companies
Donation: Valued at $4,000 - Office and Classroom Furniture

 

Fiscal Implications

The above donations will be deposited in the respective program accounts.

12. ACTION ITEMS
Subject
A. Decision on the Independent, District Appeal Voices College-Bound Language Academy at Morgan Hill Charter Petition Renewal for the term of July 1, 2018, through June 30, 2023
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
12. ACTION ITEMS
Type
Action
Goals
Santa Clara County Office of Education Goal #1
Santa Clara County Office of Education Goal #2

Administrator

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

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 Code requires that the County Board of Education “shall either grant or deny the charter renewal within 60 days of receipt of the petition (California Code of Regulations, Title 5, §11966.4).  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 on November 15, 2017, so that a  "Memorandum of Understanding" (MOU) could be developed between Voices and SCCOE to address the issues found in the staff analysis and which governs the respective fiscal, operational, and administrative responsibilities, legal relationships, and other matters not otherwise addressed or resolved by the terms of the Charter.  This MOU was signed by the petitioner on December 8, 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)

 

  1. Determination of Pupil Academic Performance.
  2. A Copy of the renewal 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.

 

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”:

 

  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), 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

  1. Unsound Educational Program Staff concluded that Voices does provide sufficient information in the Petition to substantiate all of the required elements for 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) Not applicable.
  4. Affirmations 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 for renewal did contain a reasonably comprehensive description of the required elements as modified through the MOU and set forth in the Proposed Resolution.
  6. Exclusive Employer  The Petition contains a statement specifying that Voices Morgan Hill shall be the exclusive employer of employees of the charter school for purposes of the Educational Employment Relations Act.
  7. Other Criteria in Statute  These criteria have been addressed in the MOU.

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.

 

 

 

Subject
B. Decision on the Independent, Countywide Summit Public Schools: Denali Charter Petition Renewal for the term of July 1, 2018, through June 30, 2023
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
12. ACTION ITEMS
Type
Action
Goals
Santa Clara County Office of Education Goal #1
Santa Clara County Office of Education Goal #2

Administrator

Mary Ann Dewan, Ph.D., Interim County Superintendent

Khristel Johnson, Director, Charter Schools

 

Background

The charter for Summit Public Schools: Denali (SPS: Denali, Summit Denali, Summit, or Denali) expires on June 30, 2018.  On October 25, 2017, Summit Public Schools 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, countywide charter school for the Summit Public Schools: Denali Charter School.  SPS: Denali is seeking approval for renewal of a public charter school, serving students in grades 6-12 for a renewal charter term of five years beginning in July 2018.  Denali currently serves 483 students in 6th-10th with capacity at 750 6th-12th by 2022 and is located in Fremont Union High School District and Sunnyvale Elementary School District.  Denali was initially approved on December 12, 2012, and opened in August of 2013.

 

On November 15, 2017, the County Board of Education held a public hearing on the Summit Denali Charter Renewal Petition.  On November 2, 2017, SCCOE Charter School staff conducted a comprehensive site visit and interviewed, parents, teachers, board members, and staff.

 

The Education Code requires that the County Board of Education “shall either grant or deny the charter renewal within 60 days of receipt of the petition (California Code of Regulations, Title 5, §11966.4).  However, this date may be extended by an additional 30 days if both parties agree to the extension.”

 

SCCOE and SPS: Denali developed a Memorandum of Understanding (MOU) which governs the respective fiscal, operational, and administrative responsibilities, legal relationships, and other matters not otherwise addressed or resolved by the terms of the Charter, pending any further direction or recommendations by the SCCBOE.  The MOU was signed by the petitioner on December 8, 2017. Finalization of the MOU will occur in conjunction of the SCCBOE decision hearing.

 

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

 

CRITERIA FOR RENEWAL OF A CHARTER PETITION

 

A petition submitted for renewal per Education Code § 47607 shall be considered by the governing board upon receipt with all of the following requirements (California Code of Regulations, Title 5, §11966.4)

 

  1. Determination of Pupil Academic Performance.
  2. A Copy of the renewal 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.

 

CRITERIA FOR APPROVAL OF A CHARTER PETITION

 

Per Education Code Section 47605.6 (b) (1)-(7), a county board of education may grant a charter for the operation of a school under this part only if the board is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by petition to a school district pursuant to Section 47605. Additionally, a county board may approve a county‐wide charter pursuant to this part only if it finds that the educational services to be provided by the school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. The county board of education shall deny a petition for the establishment of a charter school if the board finds one or more of the following:

 

  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).
  7. Any other basis that the county board of education finds justifies the denial of the petition.

 

REVIEW OF THE PETITION

 

Staff reviewed the Petition using the criteria established in California Education Code 47605.6 (b), 47607, and County Board Policy 0420.4 (c) and found:

 

1.  Determination of Academic Performance Staff finds that Summit Denali meets the criteria for renewal.

 

2.  Review of the Charter Petition

  1. Unsound Educational Program  Staff concluded that Denali does provide sufficient information in the Petition to substantiate all of the required elements for 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) Not applicable.
  4. Affirmations of each of the conditions required by statute 47605(b)(4) Staff found that the Petition contains the required affirmations.
  1. Reasonably comprehensive description of the required elements Staff found that the petition for renewal did contain a reasonably comprehensive description of the required elements as set forth in the Staff Analysis and Proposed Findings of Fact and set forth in the Proposed Resolution.
  2. Exclusive Employer The petition contains a statement specifying that Summit Public Schools shall be the exclusive employer of employees of the charter school for purposes of the Educational Employment Relations Act.
  1. Other Criteria in Statute Staff found the renewal petition meets other criteria set forth in the statute.

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 Summit Denali 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 Summit Public Schools: Denali, including and subject to each of the conditions set forth therein, for the period of July 1, 2018, through June 30, 2023.

 

 

Subject
C. Request Approval of the 2017-18 First Interim Financial Report
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
12. ACTION ITEMS
Type
Action
Preferred Date
Dec 13, 2017
Absolute Date
Dec 13, 2017
Fiscal Impact
No
Budgeted
No
Budget Source
n/a

Administrator

Mary Ann Dewan, Interim County Superintendent of Schools

Megan K. Reilly, Chief Business Officer, Business Services Branch

Laurie Sauro, Director, Internal Business Services

 

Background

Education Code Section 1240(l)(1)(A)(B) requires that the County Office of Education submit two reports during the fiscal year to the County Board of Education.  The first report shall cover the actual revenues and expenditures of the County Office of Education for the period from July 1 through October 31, and update projections for the balance of the year.  The second report shall cover the period ending January 31, and update projections for the balance of the year.  Both reports shall be reviewed by the County Board of Education and approved by the County Superintendent no later than 45 days after the close of the period being reported.  As part of each report, the County Superintendent shall certify in writing whether or not the County Office of Education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. 

 

This First Interim Financial Report, following the Standards and Criteria as set forth by the State of California, reports that the Santa Clara County Office of Education is able to maintain a Positive Certification as to its financial condition.

 

Requested Action

Administration recommends approval of the 2017-18 First Interim Financial Report.

Subject
D. Request Approval of the Budget Revisions for the Month of November 2017
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
12. ACTION ITEMS
Type
Action
Preferred Date
Dec 13, 2017
Absolute Date
Dec 13, 2017
Fiscal Impact
No
Budgeted
No
Budget Source
n/a

Administrator

Mary Ann Dewan, Interim County Superintendent of Schools

Megan K. Reilly, Chief Business Officer, Business Services Branch

Laurie Sauro, Director, Internal Business Services

 

Background

This report reflects budget revisions for the month of November 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 November 2017, we increased expenditure budgets by $586,679, increased revenue by $608,231, and increased fund balance by $21,552.

 

Requested Action

Approve the Budget Revisions for the Month of November 2017.

Subject
E. Discussion/Action on Annual Board Compensation Increase per California Education Code 1090
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
12. ACTION ITEMS
Type
Action
Fiscal Impact
Yes

 

Background

 

California Education Code 1090 provides that, "On an annual basis, the County Board of Education may increase the compensation of individual board members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the monthly rate of compensation.  Any increase made pursuant to this section shall be effective upon approval by the County Board of Education."

 

 

Fiscal Implications

 

Increasing the board compensation, effective January 1, 2018, would increase current board compensation from $831.58 to $873.16 per month.  This is an increase of $41.58 per month per member and an increase of $498.96 per year per member.  If all board members elect to take the increase, it would be a budget increase of $3,492.72 per year for all seven members.

Subject
F. Approval of Interim County Superintendent of Schools Employment Agreement
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
12. ACTION ITEMS
Type
Action
Goals
Santa Clara County Office of Education Goal #1

Background

 

The Board has selected Dr. Mary Ann Dewan to be the Interim County Superintendent of Schools.  Dr. Dewan assumed the position on November 16, 2017.  The agreement, once approved, will be retroactive to November 16, 2017.

 

Requested Action

 

Approve Interim County Superintendent of Schools Employment Agreement retroactive to November 16, 2017. 

 

13. INFORMATION ITEMS
Subject
A. Charter Schools Update
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
13. INFORMATION ITEMS
Type
Information
Goals
Santa Clara County Office of Education Goal #1
Santa Clara County Office of Education Goal #2

Administrator

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

Khristel Johnson, Director, Charter Schools

 

Background

A Charter Schools Update is provided as a standing agenda item at each regular board meeting.

 

California Department of Education – Sacramento

 

SCCOE Charter School staff attended the Advisory Commission on Charter Schools, an Advisory Body to the State Board of Education, hearings on Perseverance Prep School and Promise Academy in Sacramento on Thursday, December 7.  

 

Spark Charter School

 

SCCOE Charter Staff received information regarding fiscal concerns for Spark Charter School.  Staff will be conducting further analysis in the coming weeks in conjunction with its review of the charter renewal.

 

Upcoming Charter Schools Calendar Items

 

At the January 17, 2018, board meeting, Spark Charter School will have its decision hearing, and tentatively, Discovery II Charter School will hold its public hearing for its charter renewal.  SCCOE charter staff has been in communication with Discovery II and is expecting receipt of its renewal petition by January 2.  Discovery II's decision hearing is tentatively scheduled for February 21, 2018.  The Santa Clara County Charter Authorizers meeting is scheduled for January 30, 2018.

 

Subject
B. Employee Compensation Increase Exceeds the EC 1302(a) Limit
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
13. INFORMATION ITEMS
Type
Information
Goals
Santa Clara County Office of Education Goal #3

Administrator

Mary Ann Dewan, Ph.D., Interim 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. A recent promotion will result in excess of the $10,000 limit for one (1) employee.

 

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 the employee. This employee is 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

Herrera

Ana

Associate Teacher-Educare

Teacher-Head Start

C

 $47,457.48

 $65,285.00

 $17,827.52

 

 

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. Contracts $100k - $250k
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
13. INFORMATION ITEMS
Type
Information
Goals
Santa Clara County Office of Education Goal #1
Santa Clara County Office of Education Goal #2
Santa Clara County Office of Education Goal #3

Administrator

Mary Ann Dewan, Ph.D., Interim County Superintendent of Schools

Megan K. Reilly, Chief Business Officer

 

 

Background

Per Board Policy BP 3312 (a), contracts from $100,000 up to $250,000 are to be provided as one information item at a regular meeting of the Board.

 

For your information, the table below lists the contracts processed in the month of October 2017 from $100,000 up to $250,000.

 

Fiscal Implications

Vendor Description Contract Type Branch Responsible Person Contract Amount
Bay Area Communication Access (BACA) The vendor provides American Sign Language (ASL) interpreter service for SCCOE's Education Preparation for Inclusive Classrooms (EPIC) credential program.  BACA has provided ASL interpreter service to the EPIC program since 2016-17. The amendment supports additional interpreter services for 2017-18 classes and trainings in the EPIC program. The amendment adds $16,701, which brings the total value of the amended contract to $104,500.   Amendment   Human Resources Philip J. Gordillo $104,500

 

Subject
D. Contracts over $250k - Leftridge Transportation, Inc.
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
13. INFORMATION ITEMS
Type
Information

Administrator

Mary Ann Dewan, Ph.D., Interim 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.

 

Leftridge Transportation provides round-trip transportation for special education students residing in group homes and attending Non-Public Schools, upon approval by the Special Education department and in accordance with the 2017-18 school calendar. The amendment provides transportation for six (6) additional students, who previously were served by other transportation agencies. The additional routes are for Santa Cruz and Milpitas/San Jose at the rates below.

 

 

Fiscal Implications

Vendor Description Contract Type Branch Responsible Person Contract Amount
Leftridge Transportation, Inc. 2017-18 amendment to provide for round-trip transportation services for six (6) additional special education students residing in group homes and attending Non-Public School(s), as requested and approved by the Special Education department. The amendment adds $498,566 to the existing 2017-18 contract, which brings the total value of the amended contract to $820,784. Amendment  Student Services  Steve Olmos, Ed.D. $820,784
Subject
E. Head Start/Early Head Start Monthly Board Reports
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
13. INFORMATION ITEMS
Type
Information
Goals

Administrator

Mary Ann Dewan Ph.D., Interim County Superintendent of Schools

Steve Olmos, Ed.D., Chief Schools 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:

 

 

 

 

14. BOARD COMMITTEE REPORTS
Subject
A. Committee members may provide or report on recent committee activities.
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
14. BOARD COMMITTEE REPORTS
Type
Information

 

  1. Policy Subcommittee, TBD (Trustee Kamei, Chair)
  2. Budget Study Committee, Jan 18 (Superintendent Gundry, Chair)
  3. Joint Legislative Advisory Committee (JLAC), Feb 21- tentative date (Trustee Di Salvo, Chair)
  4. Joint Committee on Child Care (JCCC), TBD (Trustees Green and Rossi)
  5. Head Start Policy Council, Feb 27 (Trustee Green)
  6. Santa Clara County School Boards Association (SCCSBA), Jan 24 (Trustee Kamei)
  7. Warmenhoven Inclusion Collaborative, Feb 23, 2018 (Trustee Di Salvo)
  8. California School Boards Association (CSBA) Delegate, May 19-20 (Trustee Kamei)
  9. California County Boards of Education (CCBE) Board of Directors, Sept xx (Trustee Kamei)
15. FUTURE AGENDA ITEMS
Subject
A. Requested items by board members may be addressed at this time.
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
15. 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)
  4. Summit Learning Platform (Trustee Di Salvo)
16. ADJOURNMENT
Subject
A. The next Santa Clara County Board of Education meeting is scheduled for January 17, 2018.
Meeting
Dec 13, 2017 - Regular Board Agenda (#2214)
Category
16. ADJOURNMENT
Type
Information

The next Santa Clara County Board of Education meeting is scheduled for January 17, 2018.  For Board agendas and meeting minutes, please see our website at www.sccoe.org under the County Board of Education page.