The Board shall set the agenda by establishing it as posted. Changes to the posted agenda may only occur as permitted by Education and Government Code including the Brown Act or as described in Board Bylaws. Permitted revisions to the posted agenda include the movement of items from consent to action or reordering the sequence of agenda items.
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 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.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
The Board will hold a Closed Session to consider the following item:
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 1 case
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
The Board will hold a Closed session to consider the following item:
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 1 case
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
The Board will hold a Closed Session to discuss the following item:
Government Code section 54957 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: (County Superintendent of Schools)
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 July 28, 2018.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The following donation was made to the Santa Clara County Office of Education:
| Program: | Safe and Healthy Schools, Student Services Branch |
| Donor: | ACSA Region 8 |
| Donation: | $300 |
Fiscal Implications
The above donation will be deposited in the respective program account.
Student Impact
The above donation will provide support to the safe and healthy schools program.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Khristel Johnson, Director, Charter Schools Department
Background
On July 5, 2018, the Charter Schools Office of the Santa Clara County Office of Education (SCCOE) received a material revision request to its charter petition from Legacy Academy Charter School (Legacy). Legacy is seeking approval to materially revise its charter to reduce its initial enrollment from 60 6th grade students to 20-50 6th-8th grade students, to remove STRS as its certificated retirement system, to update the charter to comply with new laws enacted since the charter was originally approved and various additional additions to comport with the above listed changes. Legacy is also seeking to extend its charter term for 5 years to begin in August 2018, thereby creating a 6 year initial term. Legacy Academy was initially approved for a 5 year term as a countywide charter on December 14, 2016, to serve students grades 6-8.
A public hearing on the requested material revision was held on July 18, 2018.
The complete revised petition is available for review at: https://www.sccoe.org/supoffice/charter-schools-office/Pending/Legacy%20Academy%20Material%20Revision%20Charter%20Petition.pdf
Consideration for Board Decision
Pursuant to Education Code §47607(a)(1), the Santa Clara County Board of Education (SSCBOE or County Board) must consider whether to approve the material revision. Material revisions for countywide charters are governed by the standards and criteria in Education Code §47605 and 47605.6. Therefore, if the County Board should decide to deny the Legacy Academy Charter material revision, the Board must make “written factual findings, specific to the particular petition, setting for specific facts to support one or more of the following findings:
Review of Petition
Staff reviewed the Material Revision to the Petition using the criteria established in California Education Code 47605.6 and 47607 and found:
1. Unsound Educational Program
Staff found several indicators of an unsound educational program as proposed in the material revision, particularly in the areas of implementation and delivery of the curricula in light of the new reduction in enrollment and thereby creating a single multi-age classroom for 6th-8th grade “at-promise” students.
2. Demonstrably Unlikely to Implement the Program
Staff found several indicators that the Petitioners are demonstrably unlikely to implement the program as contained in the material revision, due to deficiencies in the descriptions of required elements, budget issues, issues regarding compliance with the law and other identified areas of concern which serve to establish that the petitioner is demonstrably unlikely to successfully implement the revised program set forth in the material revision petition.
3. Affirmations of Each of the Conditions Required by Statute 47605.6(b)(4)
Staff found the requisite affirmations.
4. Reasonably Comprehensive Description of the Required Elements
Staff found that the material revision petition DID NOT contain a reasonably comprehensive description of all of the required elements as there were significant inconsistencies, omissions, legal concerns, and questions in the required elements, including but not limited to the educational program, methods by which pupil progress in meeting outcomes will be measured, location of each school facility, employee qualifications, health and safety, financial audit, retirement system, and admission policies and procedures. Some of the key elements and issues are summarized below with greater detail in the Staff Analysis and Proposed Findings of Fact dated August 1, 2018.
Educational Program
Staff found several indicators of an unsound educational program as proposed in the material revision, particularly in the areas of implementation due to the new reduction in enrollment and thereby creating a multi-age classroom for 6th-8th grade students.
Special Education
The petitioner has indicated that SCCOE will serve as their SELPA. However, in the absence of a confirmation agreement letter from Seneca, SCCOE's SELPA is unable to enter into an agreement on a comprehensive plan that addresses the provision of Special Education services for students.
Location of Each Facility
The material revision states that Legacy will be located at 484 E. Fernando Street, San Jose, CA. However, the material revision also includes a letter from the City of San Jose that the current location needs a Special Use Permit in order to open. Legacy states it is “in process” of obtaining the necessary permits and that should it not be able to acquire the permits prior to its opening date, it will find a temporary site until the permits are issued. As per Education Code 47610(d), Legacy is required to comply with the California Building Standards Code before occupying any facility. Also, per Legacy’s own charter, Legacy will provide the necessary permits 30 days prior to opening or will not open. The 30 day window prior to opening was on July 21, 2018.
Methods by Which Pupil Progress in Meeting Outcomes will be Measured
The Material Revision Charter does not include a reasonably comprehensive description of the methods by which pupil progress in meeting outcomes will be measured because, as a result of the reduction in student enrollment, statewide data will not be readily available as the sample size will be too small and no revisions were made to correlate with the changes made in its educational program for internal assessments.
Employee Qualifications
Legacy has reduced its staffing requirements for year one and indicated that teachers now need Multiple Subject Teaching Credentials, however, in subsequent years there is inconsistency as to staffing requirements and issues with core and non-core classes.
Health and Safety
While there are no changes to the Petition in this area, several concerns regarding the facility and transportation arose. See above regarding the facility. Also, Legacy has stated on its website and includes funding in its budget the transporting of students to and from school using a ride share service. While the drivers are fingerprinted and checked through the Department of Motor Vehicles (DMV) by the ride service, there are no provisions as to how Legacy will verify that the drivers have been fingerprinted, TB tested and as required by Ed. Code, to be in direct contact with students.
Financial Audit
Legacy adjusted the date the final audit is due. However, to comply with the SCCOE’s review process and Education Code 47605.6(m), Legacy shall deliver its final audit to the Controller, to SCCOE and the CDE by December 15 of each year.
Student Suspension/Expulsion Procedures
Legacy updated this section in an effort to comply with the new laws enacted as of January 1, 2018. However, Legacy did not properly implement the statutorily mandated requirements applicable to any and all types of involuntary removal. Nor did Legacy incorporate SCCOE’s restrictions on involuntary removal from charter schools under its oversight.
Retirement System
Legacy updated this section to remove State Teachers' Retirement System (STRS) as the retirement program for certificated employees. It maintains that Federal Social Security will be the program for non-certificated employees, but fails to establish a retirement program for certificated employees.
Dispute Resolution
Legacy updated this section to include the current MOU language. However, Legacy omitted its commitment and practices relative to compliance with Title IX and Section 504 of the Rehabilitation Act of 1973, with which Legacy must comply.
Admissions Policies and Procedures
The Charter Schools Act has been updated effective January 1, 2018. However, the Petition has not been updated to reflect the new law.
Closure Procedures
Legacy attempted to update this element to include the current MOU language, however, there are mistakes and inconsistencies between the language added to the Material Revision Charter and the language retained from the current Charter.
Required Supplemental Information
Legacy's Material Revision has significant budgetary concerns, namely, the reduction in enrollment correlation to a reduction in state revenues and a higher reliance upon donations, which is now 52% of proposed revenues in year 1. Further, as Legacy now intends to open with all three grades, it will no longer be able to gain additional funding for its anticipated growth through the Advanced Principal Apportionment funding, as was originally planned in its initial petition. Legacy will have a cash flow problem as it will only be funded on the previous year's ADA until the state "catches up" in March.
5. Exclusive Employer
No changes.
6. Requirements for Grade-Levels Served, Facility Location, and Students Served
While there are no changes to the grade levels being served as Legacy always intended to serve 6-8th grade, Legacy is now adjusting how those grades will be served across its initial growth process. Also, Legacy was notified that the proposed facility at 484 E San Fernando Street, does not have the appropriate permits for the school to open as required by Education Code 47610(d) and the California Buildings Code. Without the appropriate permits, Legacy cannot utilize its proposed facility.
7. Other Criteria in Statute
Legacy is requesting that it receive a five year term starting August 2018. However, Legacy was originally approved in December 2016 for a five year term. Per 47607, Charters may only be approved for up to 5 years. Legacy has been granted a five year term and it may not be extended although Legacy delayed opening. Legacy’s request to extend its term must be denied.
8. Any Other Basis that the County Board of Education Finds Justifies the Denial
Based on the lack of verifiable students, the number of unfilled staffing positions, the issues with permits and occupancy requirements, the lack of verifiable donations and funding, as well as Legacy’s proposal to significantly to decrease its student enrollment to open the school, these items have a direct impact on fiscal, operational, and educational viability. The Charter staff has therefore concluded that the Material Revision is not educationally sound, sustainable or viable.
Requested Action
Staff reviewed the Material Revision request utilizing the criteria for approval set forth in Education Code Sections 47605.6 and 47607. Based upon its comprehensive review and analysis of the Material Revision, staff finds several bases for denial of the request for the Material Revision to adjust the Legacy Academy Charter. Accordingly, staff recommends that the Board deny the request for the Material Revision to the Legacy Academy Charter School Petition.
Student Impact
The Charter Schools office provides oversight and monitoring for 22 County Board of Education authorized charter schools. Legacy Academy was authorized in 2016 and is anticipated to serve 225 students at capacity.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Jonathan Munoz, Director, Personnel Commission
Background
Appointment of Personnel Commission Members
The Personnel Commission shall be composed of three members whose appointments and terms of office shall be in accordance with law and these rules. One member shall be appointed by the Board of Education and one member shall be nominated by the classified employees and appointed by the Board. These two members, shall in turn, appoint the third member after publicly announcing the name of the person they intend to appoint.
As used in this rule, "classified employees" shall mean an organization of classified employees, which represents the greatest number of classified employees in the County Office of Education as determined by the Board (Education Code Sections 45244 and 45245).
Qualifications for Membership on Personnel Commission
To be eligible for reappointment to the Commission, a person shall (a) be a registered voter and resident within the County of Santa Clara and (b) a known adherent to the principles of the merit system.
No member of the Santa Clara County Board of Education shall be eligible for appointment, reappointment, or continuance as a member of the Commission. During the term of service, a member of the Commission shall not be an employee of the County Office of Education.
As used in this rule, residence is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one residence.
As used in this rule, "known adherent to the principles of the merit system," with respect to a new appointee, shall mean a person who by the nature of his/her prior public or private service has given evidence of support of the concept of employment, continuance in employment, in-service promotional opportunities, and other related matters on the basis of merit and fitness.
As used in this rule, "known adherent to the principles of the merit system," with respect to a candidate for reappointment, shall mean a commissioner who has clearly demonstrated through meeting attendance and actions that he/she does, in fact, support the merit system and its operation.
Terms of Office
By law, the term for each commissioner shall be for three years. The term of any newly appointed commissioner shall commence at noon on December 1. The term of one commissioner shall expire each year at noon on December 1. B. Prior to July 1 of each year, the Director shall notify the appropriate appointing authority that the term of their current appointee will expire on December 1. The Director shall request the appointing authority notify the Commission Office prior to August 30 of the name and home address of the intended appointee (Education Code 45247).
Mr. Nicholas Gervase has confirmed that he will accept reappointment to the Personnel Commission, effective December 1, 2018. Mr. Gervase is a registered voter, a resident of San Jose, and a known adherent to the principle of the merit system. Mr. Gervase has served the Office well as a Commissioner, originally seated in 1999.
Procedures and Timeline
Pursuant to Education Code Sections § 45245, § 45246, and § 45248, the process and timeline for appointing Mr. Gervase are outlined below:
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August 1, 2018 |
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The County Board of Education publicly announces its intent to reappoint Mr. Gervase. |
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September 5, 2018 |
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A public hearing on September 5 would be held to invite comments from the general public and employees on the reappointment.
After the hearing, the board may take official action to reappoint Mr. Gervase. |
Requested Action
The Board announce its intent to reappoint Mr. Nicholas Gervase to the Santa Clara County Office of Education Personnel Commission for the December 1, 2018 – November 30, 2021 term.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Megan K. Reilly, Chief Business Officer
Background
Board Policy 3312(a) - Contracts, requires that all contracts for real estate purchases and leases be placed on the Board agenda for action. In accordance with BP 3312(a), we have compiled a list of leased properties. These properties are primarily used for the operations of student service programs.
Fiscal Implications
Funds have been incorporated into the 2018-19 budget for the leases.
Student Impact
To provide services to students, the SCCOE leases classrooms for Special Education, Alternative Education, Head Start, and State Preschool from various school districts and other business entities.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Steve Olmos, Ed.D., Chief Schools Officer
Background
An brief report will be provided to summarize the organizational structures and operation of Educare. The role of the SCCOE in the program will be explained. The Interim Executive Director of the ECSV 501c3 will be introduced. This report is being provided at the request of Vice President Song.
Student Impact
The SCCOE operated classrooms at Educare serve youth 0-5 in Head Start and State Preschool. Participation at the Educare site and with the Educare Learning Network allow for quality enhancements to the program intended to increase the quality of services provided and thereby ensure that children are ready to enter kindergarten.
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.
The Charter Schools Department has no updates at this time.
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-two (22) authorized charter schools which serve approximately 10,000 students.
The next Santa Clara County Board of Education meeting is scheduled for August 15, 2018. For Board agendas and meeting minutes, please see our website at www.sccoe.org under the County Board of Education page.