1. CALL TO ORDER
Subject
A. Adoption of Agenda
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
1. CALL TO ORDER
Type
Action

 

 

Subject
B. Pledge of Allegiance
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
1. CALL TO ORDER
Type
Procedural

 

 

Subject
C. Roll Call
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
1. CALL TO ORDER
Type
2. EMPLOYEE OF THE MONTH
Subject
A. The Santa Clara County Board of Education recognizes ten employees each year. Lisa Rogers, a Teacher at Chandler Tripp Elementary School is being honored as the Employee of the Month for the month of January.
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
2. EMPLOYEE OF THE MONTH
Type
Recognition
Goals
Santa Clara County Office of Education Goal #3

Administrator

Mary Ann Dewan, Ph.D., Interim 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. Lisa Rogers, a deaf and hard of hearing teacher at Chandler Tripp 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. 2016-17 ANNUAL FINANCIAL AUDIT REPORT
Subject
A. Report of the 2016-17 Annual Financial Audit Report
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
3. 2016-17 ANNUAL FINANCIAL AUDIT REPORT
Type
Information

Administrator

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

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

Laurie Sauro, Director, Internal Business Services

T.Ki Lam, Controller, Internal Business Services

 

Background

Education Code Section 41020.3 states that by January 31 of each year, the governing body of each local education agency shall review, at a public meeting, the annual audit of the local education agency for the prior year, any audit exceptions identified in that audit, the recommendations or findings of any management letter issued by the auditor, and any description of correction or plans to correct any exceptions or management letter issue.

 

In accordance with Board Policy (BP) 3460(a) and Education Code 41020.3, an annual audit of the financial records of the Santa Clara County Office of Education (SCCOE) was conducted for the fiscal year ended June 30, 2017.

 

The SCCOE auditor, Crowe Horwath, LLP issued an opinion that the financial statements are presented fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of Santa Clara County Office of Education as of June 30, 2017.

 

The 2016-17 audit report finding and recommendation along with the SCCOE's response are reported in the 'Schedule of Audit Findings and Questioned Costs' section of the audit report on page 75.

 

 

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
Jan 17, 2018 - Regular Board Agenda (#2215)
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. Interdistrict Attendance Appeal Filed on Behalf of Student, Resident District: Luther Burbank School District, Desired District: San Jose Unified School District
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
5. CLOSED SESSION
Type
Action
Preferred Date
Jan 17, 2018
Absolute Date
Jan 17, 2018

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: Luther Burbank School District, Desired District: San Jose Unified School District.

 

 

Subject
B. PUBLIC EMPLOYEE APPOINTMENT (Govt. Code § 54954.5(e); 54957(b)(1)) (County Superintendent of Schools)
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
5. CLOSED SESSION
Type

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

 

PUBLIC EMPLOYEE APPOINTMENT (Govt. Code § 54954.5(e); 54957(b)(1))

(County Superintendent of Schools)

6. OPEN SESSION (Immediately Following Closed Session -- Approximately 7:00 p.m.) (San Jose Room)
Subject
A. Report of Actions Taken in Closed Session
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
6. OPEN SESSION (Immediately Following Closed Session -- Approximately 7:00 p.m.) (San Jose Room)
Type
Information

Report of Actions Taken in Closed Session

7. SUPERINTENDENT'S REPORT
Subject
A. The Interim County Superintendent of Schools may give a report on any activities related to her duties.
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
7. SUPERINTENDENT'S REPORT
Type
Information

The Interim County Superintendent of Schools may give a report on any activities related to her duties.

8. 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
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
8. 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.

9. CONSENT ACTION ITEMS
Subject
A. Request Approval of Minutes of Regular Board Meeting of December 13, 2017 (#2214)
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
9. CONSENT ACTION ITEMS
Type
Action (Consent)

Request Approval of Minutes of Regular Board Meeting of December 13, 2017.

Subject
B. Accept Donations to the Santa Clara County Office of Education
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
9. CONSENT ACTION ITEMS
Type
Action (Consent)
Preferred Date
Jan 17, 2018
Fiscal Impact
Yes
Dollar Amount
$2,672.94
Budgeted
Yes
Budget Source
Special Education - Della Maggiore Center and Post Secondary

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: Various Post Secondary Parents
Donation: $500 
   
Program: Special Education - Student Services
Donor: Tabata Trust
Donation: $1086.47
   
Program: Special Education - Student Services
Donor: Tabata Trust
Donation: $1086.47

 

Fiscal Implications

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

Subject
C. Adopt Resolution to Support Full and Fair Funding of California's Public Schools
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
9. CONSENT ACTION ITEMS
Type
Action (Consent)
Preferred Date
Jan 17, 2018
Absolute Date
Feb 07, 2018
Fiscal Impact
No

Administrator

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

Peter Daniels, Chief Public Affairs Officer

 

Background

Governor Brown released his proposed budget on January 10, 2018. While his proposed budget adds $3.1 billion to the Porposition 98 guarantee, California education funding remains woefully behind the national public school funding averages and our state ranks near the bottom in per pupil funding and other financial indicators.

 

The California School Boards Association (CSBA) has crafted the attached resolution and is asking school districts, county boards, and other education partners to adopt it. As one of the largest early learning providers in the state as well as providing direct support to special education students and alternative education, full and fair funding is a priority issue for the Santa Clara County Office of Education (SCCOE). As we continue to strive for access to high-quality educational programs for Santa Clara County students, a significant increase in public school funding would provide the necessary resources.

 

Fiscal Implications

None

Subject
D. Request Approval of Interim County Superintendent of Schools Financial Activity Report for the Month of November 2017
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
9. CONSENT ACTION ITEMS
Type
Action (Consent)
Preferred Date
Jan 17, 2018
Fiscal Impact
Yes
Dollar Amount
$2,045.00
Budgeted
Yes
Budget Source
Office of the Superintendent

Administrator

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

 

Background

The Interim County Superintendent of Schools is submitting her financial activity report from November 2017 to the Board for review and approval on job-related expenditures.

 

Date Description Justification/Details Amount
November 21 Registration

Association of California School Administrators (ACSA) 2018 Superintendents' Symposium, January 24-26, San Jose, CA

$798.00
November 22 Registration California County Superintendents Educational Services Association (CCSESA) Meeting, January 22-24, Monterey, CA $350.00
November 28 Hotel

California School Boards Association (CSBA) Annual Education Conference, November 29-December 2,

San Diego, CA

$808.77
November 29

Garage

Parking

California School Boards Association (CSBA) Annual Education Conference, November 29-December 2,

San Diego, CA
$66.00
November 30 Taxi

California School Boards Association (CSBA) Annual Education Conference, November 29-December 2,

San Diego, CA
$17.00
November 30 Taxi

California School Boards Association (CSBA) Annual Education Conference, November 29-December 2,

San Diego, CA
$5.50

 

 

Fiscal Implications

Funds have been incorporated into the 2017-2018 budget

10. ACTION ITEMS
Subject
A. Discussion Regarding Vacancy on the Board of Trustees and Possible Action to Call for a Special Election or Pursue a Provisional Appointment (Education Code Section 5091-5095)
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
10. ACTION ITEMS
Type
Action
Preferred Date
Jan 17, 2018
Absolute Date
Jan 17, 2018
Goals

Administrator

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

 

Background

 

On December 19, 2017 the Trustee Area 2 seat was vacated when Board Member Michael Chang submitted his resignation to the County Superintendent.  Given Board Member Chang's resignation, the Board is charged to determine how the vacancy will be filled.  The procedure for filling a vacancy on the County Board of Education is established by Education Code section 1008 and 5090-5093 and the process is set forth in Board Bylaw 9223 which requires that the Board order an election or make a provisional appointment within 60 days of the vacancy.  As the vacancy occurred on December 19, 2017, the Board must order an election or make a provisional appointment by February 17, 2018.

 

Trustee Area 2 is comprised of Cupertino Union, Lakeside Joint Union, Loma Prieta Joint Union, Los Gatos Union, Saratoga Union, and Los Gatos-Saratoga Joint Union High School District and small portions of Santa Clara Unified and Sunnyvale and the corresponding portion of Fremont Union High.  A portion of Trustee Area 2 is within Santa Cruz County.

 

Board Action

 

In order for the Board to discuss whether to order a special election or make a provisional appointment, the item has been placed on the agenda and the discussion must be held in open session.  The Board may choose to take action in one of the following ways:

 

Option 1: Call for an Election to fill Vacancy

 

When an election is ordered, the election must be held on the next established election date not less than 130 days after the election is ordered.  If the Board decides to order an election on January 17, 2018, the election date would be June 5, 2018.

 

The financial impact of Option 1 includes the cost of advertising in local media and the cost of holding an election. The estimated cost of advertising in the local media is $3,500. The estimated combined cost of a June 5, 2018 election in both Santa Clara County and Santa Cruz County is $250,000.

 

Option 2:  Pursue a Provisional Appointment and Designate a Board Subcommittee to Review Applicants for Provisional Appointment

 

If the Board chooses to make a provisional appointment, they must advertise in the local media to solicit Board candidate applicants and nominations; form a committee consisting of less than a quorum of the Board to review eligible applicants; interview the candidates at a public meeting and select the provisional appointee by majority vote. If the Board chooses to make a provisional appointment it must do so by February 17, 2018. 

 

The financial impact of Option 2 includes the cost of advertising in local media which is estimated to be $3,500.

 

If the Board fails to act within the 60-day period, the County Superintendent shall order an election to fill the vacancy.

 

Attached is Board Bylaw 9223 and a memorandum that provides a complete description of the process, timelines, and financial implications.

 

Subject
B. Election of Vice-President of the County Board of Education
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
10. ACTION ITEMS
Type
Action
Goals
Santa Clara County Office of Education Goal #1

 

The Board will discuss and elect their Vice-President for 2018.

Subject
C. Request Approval of the Budget Revisions for the Month of December 2017
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
10. ACTION ITEMS
Type
Action
Preferred Date
Jan 17, 2018
Absolute Date
Jan 17, 2018
Fiscal Impact
No
Budgeted
No

Administrator

Mary Ann Dewan, Ph.D., 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 December 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 December 2017, we increased expenditure budgets by $1,085,697, increased revenue by $1,121,326, and increased fund balance by $35,629.

 

Requested Action

Approve the Budget Revisions for the Month of December 2017.

 

Subject
D. Request Approval to Submit the Non-Competitive Head Start/Early Head Start Grant Application Update, Executive Summary with Selection Criteria Appendices for FY 2018-19
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
10. ACTION ITEMS
Type
Action (Consent)
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

Steve Olmos, Ed.D., Chief Schools Officer

 

Background

The Early Learning Services Department has received notification from the Administration of Children and Families (ACF) and the Department of Health and Human Services that the Santa Clara County Office of Education (SCCOE) is eligible to apply for the annual Head Start/Early Head Start grant in the amount of $25,529,463. As shared previously via communications, there are several key changes in the FY 2017-18 grant application.

 

The Head Start program will submit its fourth year of a five year grant application for FY 2018-19. This grant application must include five-year goals and Year 4 objectives. Funding is guaranteed for Years 4 through 5, so long as the program remains in full compliance with Head Start regulations. The program is scheduled for a federal review in program year 2018.

 

The FY 2018-19 grant application includes several key changes to address challenges related to increasing personnel and indirect costs. These challenges must be resolved before the upcoming federal review to avoid findings which could threaten ongoing funding.

 

The SCCOE Head Start program currently serves 1,946 children (1,690 preschoolers and 256 infants/toddlers) and families in Santa Clara and San Benito counties. As a result of program fiscal implications in FY 2017-18, the program design is being modified. The FY 2018-19 grant application proposes to balance the budget through staff reductions. In addition, the program will transfer 80 Full Day Head Start preschool slots from Directly Operated to be served by Partner agencies.

 

The Head Start program has had meetings and discussions with key partners (internal and external) to help review the five-year goals and Year 4 objectives for the grant, and to vet the proposed enrollment reduction and conversion option described above to serve eligible children and families. Meetings that have been held include, but are not limited to, the following:

 

 

Fiscal Implications

These funds will be available May 1, 2018 and will cover program operations through April 30, 2019.

 

BUDGET

Personnel

$10,854,849

Fringe Benefits

$6,114,458

Travel

$101,441

Equipment

0

Supplies

$547,894

Contractual**

$4,606,129

Others

$871,989

Indirect Cost (12.48%)

$2,432,703

Total

$25,529,463

** Contracts with partner agencies are not subject to full indirect.

Approved by Megan Riley and Cindy Nguyen on 1-12-18

Subject
E. Decision on the Independent, District Appeal Spark Charter Petition Renewal for the term of July 1, 2018, through June 30, 2023
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
10. 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 Spark Charter School (Spark) expires on June 30, 2018.  On November 17, 2017, Spark 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 Spark Charter School.  Spark is seeking approval for renewal of a public charter elementary school, serving students in grades K-8 for a renewal charter term of five years beginning in July 2018.  Spark currently serves 249 students and is located in Sunnyvale School District (SSD).  Spark was initially approved on October 1, 2014, and opened in August of 2015.

 

On December 13, 2017, the Santa Clara County Board of Education (SCCBOE) held a public hearing on the Spark Charter Renewal Petition.  On December 14, 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.”

 

At the Board meeting, the Board was presented a list of concerns with safety and governance implications from Sunnyvale School District.  SCCBOE tasked Spark Charter with providing responses prior to the Decision Hearing. 

 

As per Board Policy 0420.4, Spark and SCCOE met to discuss a "Memorandum of Understanding" (MOU) which addresses SCCOE’s best practices regarding the respective fiscal, operational, and administrative responsibilities, and legal relationships.  Any other matters not otherwise addressed or resolved by the terms of the Charter, correcting any deficiencies in the Charter, or any conditions which may be imposed by SCCBOE will need to be addressed in an addendum to the MOU after the SCCBOE has taken action. While agreement on the verbiage in the MOU has been reached, as of January 12, 2018, petitioners have yet to sign the MOU.  Please note, and Spark was clearly informed, that the MOU developed to date addresses only some of the SCCOE’s general best practices and does not address more particular concerns raised by Spark’s Charter and performance to date.  If the SCCBOE acts to approve the Spark Charter renewal, as Spark is also a school of SCCOE for special education purposes, it will be necessary for the parties to develop an addendum to remediate and resolve issues and address the provisions of special education services as well as to remediate and resolve the concerns and issues particular to Spark, specifically including the concerns, deficiencies, and factual findings set forth below. 

 

A copy of the renewal petition can be found at: https://www.sccoe.org/supoffice/charter-schools-office/Pending/Spark%20Charter%20Renewal%20Petition%202018-23.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. Increases in pupil academic achievement for all groups of pupils served by the charter school 
  4. 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 RENEWAL

 

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 [renewal] 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 [renewal] 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 an affirmation of each of the conditions required by statute.
  4. The petition does not contain reasonably comprehensive descriptions of the required elements.
  5. 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, California Code of Regulation Title V, section 11966.4 and County Board Policy 0420.4 (c) and found:

 

1.  Determination of Academic Performance

 

CAASPP Results (% Meets/Exceed Standards)

 

2015-16

2016-17

 

ELA

MATH

ELA

MATH

Spark

73

65

58

55

District

55

58

51

57

Bishop

39

36

40

35

Ellis

47

52

48

49

Fairwood

65

66

64

60

Cumberland

79

87

82

87

State

49

37

49

37

 

The Table above reflects the CAASPP information provided by Spark Charter that Spark asserts fulfills its renewal request and indicates student performance that meets/exceeds those of the Sunnyvale School District, and the schools that Spark identified as its comparable schools.  However, this data reflects a significant decline in year-over-year student performance for Spark students both in comparison to its own prior performance and as compared to the other samples.  

 

Staff finds that Spark Charter School DOES NOT meet the criteria for renewal. 

 

2.  Review of the Charter Petition

 

a.  Unsound Educational Program

 

The CAASPP data establishes that Spark has failed to make appropriate academic improvement, either schoolwide or for its numerically significant pupil subgroups.

 

Spark’s financial issues, miscalculations, and economic instability put the entire program and Spark’s ability successfully to provide and implement the educational program proposed in the Charter at risk and make the provision of a sound educational program unlikely.

 

Spark’s English Learner (EL) program is inadequate and Spark has not demonstrated that is has the required knowledge and expertise to properly serve EL students.  There is no evidence of a designated EL program nor any indication of such time in the school schedule.  In addition, use of EL strategies to support access to the content instruction were not observed during classroom visits, suggesting limited integrated EL supports for the 22.2% of Spark students classified as English Learners.  While the Charter refers to an EL Support Team, there was no such team in place at the time of SCCOE Staff’s renewal visit to Spark.

Staff concluded that Spark DOES NOT provide sufficient information in the renewal Petition to substantiate all of the required elements for a sound educational program.

 

b.  Demonstrably Unlikely to Implement the Program

Since Spark’s inception, it has faced challenges, from administration, staff, and board member turnover to challenging financial practices to maintain fiscal stability. During the last 2.5 years, Spark has had three different administrators, all but one board member has changed, and for 9 months Spark maintained a board of four while struggling to find a fifth board member.  Additionally, Spark has had significant staff turnover, namely 71% in 2016-17 and 40% in 2017-18.  On a fiscal front, due to miscalculations and cashflow management issues, Spark has needed additional financial support by way of personal loans from board members and selling future revenues as short-term loans for cash management.  

Staff found facts that demonstrate that the Petitioners are NOT likely to successfully implement the program.

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

Staff found that the Petition does contain the required affirmations.

d.  Reasonably comprehensive description of the required elements

Staff found that the petition for renewal DID NOT contain a reasonably comprehensive description of all the required elements as set forth in the Staff Analysis and Proposed Findings of Fact and set forth in the Proposed Resolution.  These deficient areas include: educational program/plan for student academic achievement, method by which pupil progress in meeting outcomes will be measured, governance structure, health and safety, racial and ethnic balance, and admissions policies and procedures consistent with Education Code 47605(d). 

e.  Exclusive Employer

 

The renewal petition contains a statement specifying that Spark shall be the exclusive employer of employees of the charter school for purposes of the Educational Employment Relations Act.

f.  Requirements for Grade-Levels Served, Facility Location, and Students Served

Spark currently serves K-8.  According to the California Department of Education, the Transitional Kindergarten (TK) laws mandate that any school, including Charter Schools, which offer kindergarten must also offer TK.  If the charter is renewed, Spark will need to materially revise its Charter to also include TK.

g.  Other Criteria in Statute

Staff found the renewal petition meets other criteria set forth in the statute.

3.    Increases in pupil academic achievement for all groups of pupils served by the charter school

The table below reflects SBAC year-over-year trend, by ethnicity and EL status.  The decline in student performance in ELA and Math is shown, with White students reflecting a much lesser percentage of decline.  The renewal Petition does not point out the decline, nor address any specific interventions or strategies to mitigate or resolve possible instructional issues, thus does not include future plans for improvement.

 

                                                                    2015-16                                          2016-17

 

ELA

Math

ELA

Math

All

73

65

57

55

Asian

N/A

N/A

59

76

Hispanic

31

23

27

13

White

69

61

70

60

EL

N/A

N/A

40

33

 

Spark has not met the criteria that “the authority that granted a charter is required to consider increases in pupil academic achievement for all numerically significant pupil subgroups as the most important factor in deciding whether to renew the Charter.  (Education Code Section 47607(a)(3)).” 

 

4.   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

Spark exhibits a lack of proficiency in budgeting and cash management. Since their inception, Spark has struggled with cash flow.  The state and federal funding appear to be adequate, however, knowledge of the timing of the distribution of funds has led to economic instability.  This is evidenced by the necessity to obtain “short term” loans from individuals for the years 2016-17 and 2017-18.  In addition to the no-interest loans, Spark sold their expected revenues to remain viable and to provide the funding for payroll in these corresponding years.

The misallocation of expenses and loans have demonstrated a lack of school finance classification and balance sheet knowledge. This brings into question the accuracy of their accounting documents and procedures.

 

For the past three years, Spark has either understated or overstated their average daily attendance (ADA) resulting in either costly penalties or under funding.  The inability to accurately estimate ADA has impacted their cash flow and financial health.  

While Spark states that it has and continues to project budget reserves, with a goal of an 11% reserve, in actuality Spark is surviving fiscally only by selling its future receivables, obtaining personal loans from board members, and juggling invoice payments on a monthly basis.  As of November 2017, Spark had only $3,870 in a savings account, which is a reserve of 0.2%.  Should Spark face an unanticipated or unusual expense, it will be unable to meet its financial obligations, including the provision of services to students.

 

Staff finds that Spark DOES NOT meet the criteria for renewal.

 

REQUESTED ACTION

 

Staff reviewed the renewal Petition for Spark Charter School utilizing the criteria for charter approval set forth in Education Code Sections 47605 and 47607 and California Code of Regulations, Title 5 Section 11966.5.

 

It is the recommendation of the Charter Staff to deny the Renewal Petition and adopt the Board Resolution for denial of renewal of Spark Charter School setting forth facts specific to the Spark Charter supporting the denial.

 

 

11. INFORMATION ITEMS
Subject
A. Contracts $100k - $250k
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
11. 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 December 2017 from $100,000 up to $250,000.

 

Fiscal Implications

Vendor Description Contract Type Branch Responsible Person Contract Amount
Ron Paris Construction Company, Inc. Per the SCCOE Bid process, Bid-01-17-18 for Sunol Community School Accessibility improvements was awarded to Ron Paris Construction Company, Inc. The 2017-18 contract provides for Building A restroom ADA (Americans with Disability Act) renovations, fire alarm upgrade in the restroom area, new accessible parking spaces, and new and replaced concrete for an accessible path to the existing building. New Business Services Megan K. Reilly $224,576
Atkinson, Andelson, Loya, Ruud & Romo First amendment to an existing 2017-18 contract with Atkinson, Andelson, Loya, Ruud and Romo. They provide legal services on charter school matters, including review and recommendation of Charter School petitions, renewals, and petition revision requests; review and development of memorandum of understanding between the charter authorizer and charter operator; development of policies and procedures for Charter Schools oversight; and representation in any litigation regarding Charter School matters. This first amendment adds $80,000 to the existing contract, which brings the total value of the amended contract to $170,000. Amendment Office of the Superintendent Mary Ann Dewan, Ph.D. $170,000
Integrated Justice Information System Institute First amendment to an existing 2017-18 contract, with Integrated Justice Information System Institute, who has been consulting on a data management and safeguarding requirements project. This amendment enables additional key personnel for the development of implementation of Phase 1 Data Architecture and Data Management.  This amendment adds $75,000 to the existing contract, which brings the total value of the amended contract to $150,000. All costs associated with this contract are paid from grant funds. Amendment Office of the Superintendent Mary Ann Dewan, Ph.D. $150,000
Stewards of Change Consulting, LLC Second amendment to an existing contract with the vendor, who provides consulting and facilitation regarding data sharing agreements with key Silicon Valley Regional Data Trust (SVRDT) stakeholders and legal counsels.  The amendment allows continued work for 2017-18, and adds $50,000 to the contract, which brings the total value of the amended contract to $143,333. All costs associated with this contract are paid from grant funds. Amendment  Office of the Superintendent Mary Ann Dewan, Ph.D. $143,333

 

Subject
B. Contracts over $250k - Silicon Valley Children's Fund
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
11. 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.

 

The Silicon Valley Children's Fund (SVCF) was awarded this contract as a sole source provider pursuant to AR 3310 and has been partnering with Santa Clara County Office of Education's Foster Youth Services Coordinating Program (SCCOE-FYSCP) to provide high qualified services and experiences that address the needs of mentoring, transitioning, emancipation and counseling services for foster youth. SVCF has extensive experience in working with foster youth with academic, behavioral, emotional and developmental difficulties. They possess the knowledge and experience in working with county, school and community-based organizations. SVCF is experienced in developing curriculum and training staff. They have the experience to coordinate education services for foster youth, as well as provide guidance to problem-solve difficult situations.

 

Over the years in working with SVCF, the program continues to expand and serve more foster youth, as well as provide positive outcomes. The program supports foster youth from 8th-12th grades, emphasizing 8th grade transition into high school, support for graduating high school, preparing for post-secondary education and employment preparation.  There are 1,275 eligible students of which 995 are Juvenile Justice involved.

 

Fiscal Implications

Vendor Description Contract Type Branch Responsible Person Contract Amount
Silicon Valley Children's Fund 2017-18 contract to provide program coordination, monitoring and development of the Emerging Scholars Program, StepUp Program, as well as providing general services with Technical Assistance and the Records Review Project for foster youth.   Renewal Student Services  Steve Olmos, Ed.D. $295,315
Subject
C. Contracts over $250k - Cell Contracting Services Corporation
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
11. 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.

 

Cell Contracting Services provides construction management, design build and general contracting services.  Cell Contracting Services hold California Unlimited General Contractors License as well as Electrical C-10 & C-7 licenses.

 

Per the SCCOE Bid process, Bid 02-17-18 for Hester Classroom Modernization was awarded to Cell Contracting Services Corporation.

 

 

Fiscal Implications

Vendor Description Contract Type Branch Responsible Person Contract Amount
Cell Contracting Services Corporation Per the SCCOE Bid process, Bid 02-17-18 for Hester Classroom Modernization was awarded to Cell Contracting Services Corporation. The 2017-18 Contract provides for construction of six new accessible restrooms and converting an existing classroom to a Life Skills Lab, which includes items common in an apartment such as sink, stove, oven, microwave, washer dryer, refrigerator, and dishwasher. New Business Services Megan K. Reilly $267,750
Subject
D. First Reading of Board Policy 3100 - Budget
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
11. INFORMATION ITEMS
Type
Information
Goals

Administrator

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

 

Background

On December 13, 2017 the Policy Development Subcommittee met and approved the revisions to Board Policy 3100 - Budget.

 

 

BP 3100 Budget

Policy updated to include language on LCAP, clarify process for administration of the budget, clarify public hearing process for adoption of the budget, update language on fund reserve, delete section on deferred maintenance, and general clarification of language so that the policy aligns with education code and government code where applicable. Delete the section on Budget Study Committee as there is a separate policy that addresses this, to avoid confusion, and to eliminate redundancies in the policies.

 

Subject
E. Head Start/Early Head Start Monthly Board Reports
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
11. 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:

 

Subject
F. Williams Complaint Report
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
11. INFORMATION ITEMS
Type
Information
Goals
Santa Clara County Office of Education Goal #2

Administrator

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

Steve Olmos, Ed.D., Chief Schools Officer

 

Background

Complaints filed for SCCOE school sites under the Williams Settlement are limited to insufficient textbooks or instructional materials, unsafe or unhealthy facility conditions or teacher vacancies or mis-assignments.

 

Williams Complaint Procedures are posted in all classrooms to inform parents, students and teachers of the procedure for making such complaints.

 

No Williams complaints were received during the October through December 2017 reporting period.

 

 

Subject
G. Charter Schools Update
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
11. 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 Department

 

Background

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

 

State Board of Education Charter Appeals 

 

Promise Academy and Perseverance Preparatory School's charter appeals to the State Board of Education decision hearing will take place on January 19, 2018.  KIPP East Side Charter High School's appeal to the State Board will go through its' first step with the Charter Commission on February 7, 2018.  SCCOE Charter Staff will attend both sets of hearings.

 

Discovery II

 

The Charter School Department received written notification from Discovery II on 1/11/2018 stating that they are withdrawing their Petition at this time and would be resubmitting it to our office at a later date.

Subject
H. Appointments to County Board Committees 2018
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
11. INFORMATION ITEMS
Type
Information
Goals
Santa Clara County Office of Education Goal #1

Administrator

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

 

 

Background

The Board President will present the appointments to the County Board Committees for the 2018 calendar year.

 

 

 

12. BOARD COMMITTEE REPORTS
Subject
A. Committee members may provide or report on recent committee activities.
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
12. BOARD COMMITTEE REPORTS
Type
Information

 Board Committee appointments pending

 

  1. Budget Study Committee: Jan 18  (Interim County Superintendent Dr. Mary Ann Dewan)
  2. Policy Subcommittee: Feb 7  
  3. Joint Legislative Advisory Committee (JLAC):  Feb 21  
  4. Head Start Policy Council:  Feb 21  (Trustee Mah)
  5. Santa Clara County School Boards Association (SCCSBA):  Jan 24  (Trustee Song)
  6. Joint Committee on Child Care (JCCC):  Mar 22  (Trustees Di Salvo and Rossi)
  7. Warmenhoven Inclusion Collaborative:  Feb 23  (Trustee Kamei)
  8. California School Boards Association (CSBA) Delegate:  May 19-20 (Trustee Kamei)
  9. California County Boards of Education (CCBE) Board of Directors: May 20 (Trustee Kamei)
13. FUTURE AGENDA ITEMS
Subject
A. Requested items by Board members may be addressed at this time.
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
13. 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)
14. ADJOURNMENT
Subject
A. The next Santa Clara County Board of Education meeting is scheduled for a special meeting on January 27, 2018.
Meeting
Jan 17, 2018 - Regular Board Agenda (#2215)
Category
14. ADJOURNMENT
Type
Information

The next Santa Clara County Board of Education meeting is scheduled for a special meeting on January 27, 2018.  For Board agendas and meeting minutes, please see our website at www.sccoe.org under the County Board of Education page.