Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Peter Daniels, Chief Public Affairs Officer
Background
The Santa Clara County Board of Education (SCCBOE) recognizes ten employees each year for outstanding service to students, parents, coworkers, and customers. Cindy Nguyen, an accountant for the Head Start Program, 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.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Peter Daniels, Chief Public Affairs Officer
Background
Every year, Association of California School Administrators (ACSA) recognizes outstanding performance and achievement by individual administrators, classified managers or confidential employees. Phil Benfield, Director of Information Systems Center, has been selected as Technology Administrator of the Year for the state.
Fiscal Implications
None
Student Impact
Through the implementation of Data Zone, administrators and teachers have access to real-time assessment data to make informed instructional decisions for individual students.
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.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The Board will hold a Closed Session to discuss the following item:
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation paragraph (1) of subdivision (e) of Government Code Section 54956.9: 1 potential case
Administrator
Mary Ann Dewan, Ph.D., 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: Alum Rock School District, Desired District: Palo Alto Unified School District.
Report of Actions Taken in Closed Session
The superintendent may give a report on any activities related to her 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 April 18, 2018.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The following donations were made to the Santa Clara County Office of Education:
| Program: | Special Education - Gateway, Student Services Branch |
| Donor: | Gilroy Foundation |
| Donation: | $2,065 - To purchase adaptive tricycle |
| Program: | Special Education, Chandler Tripp - Student Services Branch |
| Donor: | Tabata Irrevocable Life Insurance Trust |
| Donation: | $2005.38 - To purchase materials and supplies for school |
| Program: | Special Education, Hester - Student Services Branch |
| Donor: | Tabata Irrevocable Life Insurance Trust |
| Donation: | $2005.38 - To purchase materials and supplies for school |
| Program: | Special Education, Gateway - Student Services Branch |
| Donor: | Gilroy Assistance League |
| Donation: | $1,909 -- To purchase adaptive bicyle |
| Program: | Special Education, Gateway - Student Services Branch |
| Donor: |
Gilroy Assistance League |
| Donation: | $3,800 - To purchase ADA pool lift |
Fiscal Implications
The above donations will be deposited in the respective program account.
Student Impact
The above donations will provide support for student success.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Peter Daniels, Chief Public Affairs Officer
Background
The Asian Pacific American Leadership Institute was established to emphasize public service, and since establishment encouraged Asian Pacific American civic participation, bridging members of the Silicon Valley community with community organizations to make an impact in local policy, housing, and education
Fiscal Implications
None
Student Impact
Santa Clara County Office of Education supports both civic learning and civic engagement activities.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Khristel Johnson, Director, Charter Schools Department
Background
On March 7, 2018, the Charter Schools Office of the Santa Clara County Office of Education received a Petition for the Eureka! Inclusive Charter School, a district appeal TK-8th grade charter school which is proposed to serve 160 students in year 1 and grow to 239 students by year 4 and will be located in San Jose Unified School District. Eureka! Inclusive was denied by San Jose Unified School District on February 7, 2018. It submitted its petition to the SCCOE and plans to open its doors during the fall of 2018.
On April 4, 2018, the County Board of Education held a public hearing on Eureka! Inclusive Charter School. On April 5, 2018, SCCOE Charter Staff met with Eureka! Inclusive’s founding team and conducted a capacity interview.
California Education Code Sections 47605 requires that “no later than 30 days after receiving a petition” the County Board of Education shall hold a public hearing on the provisions of the charter petition at which time it is to consider the level of support from the public. The Education Code further directs that the County Board of Education “shall either grant or deny the charter within 60 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension.”
SCCOE provided Eureka! Inclusive Charter School a copy of the proposed Memorandum of Understanding (MOU), which governs SCCOE best practices of 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. If the SCCBOE acts to approve the Eureka! Inclusive Charter Petition, it will be necessary for the parties to develop and finalize the MOU to remediate and resolve issues concerning Eureka! becoming a school of SCCOE for special education, address the provisions of special education services, and to remediate and resolve the concerns and issues particular to Eureka!, specifically including the concerns, deficiencies, and factual findings set forth below.
The complete petition is available for review at: https://www.sccoe.org/supoffice/charter-schools-office/Pending/Eureka!%20Inclusive%20Charter%20Petition.pdf
CRITERIA FOR APPROVAL OF A CHARTER PETITION
Education Code § 47605 (b) makes clear that governing boards are to be aware “of the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that establishment of charter schools should be encouraged. The [County Board of Education] shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice. The [County Board of Education] shall not deny a petition for the establishment of a charter school unless it makes written factual findings to support one or more of the following findings”:
REVIEW OF THE PETITION
Staff reviewed the Petition using the criteria established in California Education Code 47605(b) and County Board Policy 0420.4 (c) and found:
1. Unsound Educational Program
Staff found several indicators of an unsound educational program, particularly in the areas of implementation of the intervention programs, incomplete curriculum, the full continuum of placements and services for special education students, and English Learner services.
2. Demonstrably Unlikely to Implement the Program
Staff found facts that demonstrate that the Petitioners are demonstrably unlikely to successfully implement the program.
3. Required signatures: The signature requirement set forth in Education Code Section 47605 (b)(3).
Staff found that the Petition contains the required signatures.
4. Affirmation of each of the conditions required by statute 47605(b)(4)
Staff found that the Petition contains the required affirmations.
5. Reasonably comprehensive description of the required elements
Staff found that the petition DID NOT contain a reasonably comprehensive description of all of the required elements as there were inconsistencies, omissions, and questions in the required elements, including but not limited to the educational program, measurable student outcomes, employee qualifications, methods by which pupil progress in meeting outcomes will be measured, governance structure, racial and ethnic balance of the school, admissions policies and procedures, employee retirement system, and student suspension/expulsion procedures. Some of the key elements and issues are summarized below with greater detail in the Staff Analysis and Proposed Findings of Fact dated May 2, 2018.
Educational Program: Key elements include but are not limited to: (1) Lacks detail on implementation of multi-age classroom configuration of instruction. (2) Lacks coherence on the integration, and implementation of a sound educational program with the required core subjects as many of the proposed curricular areas are still under construction with no indicated date of completion by the publisher. (3) Lacks details on compliant and effective programs addressing English Learner needs. (4) Lacks the full continuum of placement options and services for special education students.
Measurable Student Outcomes and Method by Which Pupil Progress in Meeting Outcomes will be Measured: Methods of assessment are not tied to the core components of the educational program and no explanation of how all the programs are integrated together, nor how students outcomes will be measured.
Governance Structure: Inconsistencies regarding board duties, conflict of interest issues, organizational chart versus budget, and Charter versus board bylaws.
Employee Qualifications: Lacks clarity on types of credentials required for implementation of program.
Ethnic and Racial Balance: Fails to provide outreach and support to the 80% non-special education population.
Admissions Policies and Procedures: Inconsistent and unclear, specifically in relationship to the 20% threshold for special education students.
Student Suspension/Expulsion Procedures: Lacks formal policy on suspension and expulsion. Fails to outline due-process rights procedures.
Employee Retirement System: Inconsistent and impermissible, specifically in relationship to the retention of authority to unilaterally change retirement plans.
6. Exclusive Public School Employer
Staff found that the Petition contained the required affirmation, however, the Petition also includes language which would likely constitute domination and interference in violation of EERA.
7. Grade Level, Location, Students Served
The petition meets requirements to serve students in the grade levels specified and facilities to be located within San Jose Unified School District, however no contingency plans were included in the Petition or budget should Prop 39 facilities not be available.
8. Other Criteria in Statute
Staff found that the Petition's budget raised serious fiscal concerns regarding revenue and expenditure projections. Staff also found that EIC’s proposal to be a school of SCCOE for special education, but will retain autonomy for implementation of special education compliance, may increase and potentially create liability risk for SCCOE as EIC’s authorizer.
REQUESTED ACTION
Staff reviewed the Petition utilizing the criteria for approval set forth in Education Code Section 47605. Based upon its comprehensive review and analysis of the Petition, Staff finds that the Charter School presents an unsound educational program for the pupils to be enrolled in the Charter School, the Petitioners are demonstrably unlikely to implement the program as presented, and the Petition does not contain reasonably comprehensive descriptions of all of the required elements of a charter petition, including but not limited to the Education Program, Racial and Ethnic Balance of the school, Employee Qualifications, and Admissions Policies and Procedures. Accordingly, Staff recommends that the Board take action to deny this Petition by adoption of the proposed Resolution setting forth written factual findings and incorporating by reference the factual findings set forth above, specific to the Eureka! Inclusive Charter Petition supporting denial of the Charter.
Student Impact
The Charter School office provides oversight and monitoring for 23 County Board of Education authorized charter schools. Eureka! Inclusive Charter School proposes to serve 239 students.
Administrator
Mary Ann Dewan, Ph.D., 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.
California County Boards of Education Annual Conference (CCBE)
The CCBE Annual Conference Planning Committee accepted the SCCOE/SCCBOE workshop proposal for the CCBE 2018 Annual Conference. “Charter School Authorizing: Basics, Insights and Best Practices” will be presented at this year’s CCBE annual conference on Friday, September 14, 2018 from 3:15 – 4:45 p.m. in Monterey.
Spark Charter School
Spark will have its State Board Hearing on Wednesday, May 9, 2018. Members of the Charter team will represent SCCOE.
Article from K-12 Daily
Trustee DiSalvo forwarded the attached article about 'no-excuses' doctrines in charter schools.
https://k-12daily.org/curriculum-instruction/best-charter-schools-impose-no-excuse-doctrine
Student Impact
The Charter Schools Update provides information to the Board related to the charter schools authorized by the Santa Clara Board of Education (SCCBOE) and items related to the Santa Clara County Office of Education's (SCCOE) role in Oversight and Monitoring. The County Board of Education has twenty-three (23) authorized charter schools which serve approximately 10,000 students.
Refer to Board Bylaw 9322 Agenda/Meeting Materials for specific information related to the preparation of County Board of Education agendas. Excepting agenda items otherwise permissible by Education Code, Brown Act or other rules, regulations, or policies for the Board to place on the agenda, a County Board member may request an item within the jurisdiction of the County Board be placed on the agenda. A process for reviewing requested agenda items is described in the board bylaw. In summary, the process includes a review to determine if the item is within the Board's jurisdiction, where it could be placed on the agenda and an assessment of the resource impact of preparing the item.
Branch Reports (Trustee Mah)
Requested Items:
The next Santa Clara County Board of Education meeting is scheduled for Mary 16, 2018. For Board agendas and meeting minutes, please see our website at www.sccoe.org under the County Board of Education page.