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: East Side Union High School District, Desired District: San Jose Unified School District.
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: Cambrian School District, Desired District: Campbell Union School District.
The Board will hold a Closed Session to discuss the following item:
Agency Designated Representatives: President Kamei and Vice President Song.
Unrepresented Employee: County Superintendent of Schools
Discussion of employment agreement and compensation with designated labor negotiators.
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.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Khristel Johnson, Director, Charter Schools Department
Background
On August 31, 2018, the Charter Schools Office of the Santa Clara County Office of Education received a Petition for Renewal for Rocketship Fuerza Community Prep (a district-wide TK-5 charter school) located in the Alum Rock Elementary School District. Rocketship Fuerza (initial petition as Rocketship Alum Rock) was approved on June 18, 2014, by SCCOE Board of Education, after having been denied by Alum Rock Union School District on May 8, 2014. Rocketship Fuerza was initially approved for five years and serves 600 students. If approved, Rocketship Fuerza shall be renewed for five more years beginning July 2019 through June 30, 2024.
California Education Code Sections 47605 and 47607, and section 11966.4 of the California Code of Regulations, Title 5 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 renewal charter, at which time the county board of education shall consider the level of support for the petition by district teachers, other district employees, and parents or guardians.”
The Education Code further stipulates that the County Board of Education “shall either grant or deny the renewal 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.”
This item will be placed on the October 24, 2018, board agenda for a decision.
The complete countywide petition is available for review here.
Student Impact
The Charter Schools Department provides monitoring and oversight for 22 County Board of Education authorized charter schools. Rocketship Fuerza was authorized in 2014 and currently serves 600 students.
Request approval of Special Board Meeting Retreat minutes of August 30, 2018 (#2228-S1).
Request Approval of Minutes of Regular Board Meeting of September 5, 2018.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On August 1, 2018 the Policy Development Subcommittee met and approved the revisions for BP 6146.1 High School Graduation Requirements. On September 5, 2018, the Board requested additional revisions to clarify the number of courses needed and units of credits awarded for each course SCCOE students are required to take in order to graduate.
Additionally, the policy was revised to add homeless students to the list of exemptions and to address the repeal of AB 830, eliminating the California High School Exit Exam as a requirement for graduation.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Khristel Johnson, Director, Charter Schools Department
Background
The Opportunity Youth Academy Countywide Dependent Charter School Petition (ages 16-24) was approved by the Santa Clara County Board of Education on August 17, 2016, and began operation in August 2016.
On August 24, 2018, the Santa Clara County Board of Education received a request for material revision from Opportunity Youth Academy Charter School to materially revise its charter by adding an additional site at the Snell facility and to update its Charter to conform with any new laws which have been enacted since the petition was last reviewed.
A Public Hearing on the requested revision was held on September 5, 2018.
The complete revised petition is available for review here.
Consideration for Board Decision
Pursuant to Education Code §47607(a)(1), the County Board must consider whether to approve the material revision. Material revisions for countywide charters are governed by the standards and criteria in Education Code §47605 and 47605.6. Therefore, if the County Board should decide to deny the Opportunity Youth Academy Charter material revision, the Board must make “written factual findings, specific to the particular petition, setting for specific facts to support one or more of the following findings:
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
No changes to the program. Staff found no basis for denial.
2. Demonstrably Unlikely to Implement the Program
Staff found no basis for denial.
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 contain a reasonably comprehensive description of all of the required. Some of the key elements and issues are summarized below with greater detail in the Staff Analysis and Proposed Findings of Fact dated September 19, 2018.
Location of Each Facility
The Material Revision states that OYA intends to open a sixth location at the Snell facility. It further updates the charter to include language that opening any new facilities does constitute the need for a material revision.
Student Suspension/Expulsion Procedures
OYA updated this section in an effort to comply with the new laws enacted as of January 1, 2018.
Admissions Policies and Procedures
OYA updated this section in an effort to comply with the new laws enacted as of January 1, 2018.
5. Exclusive Employer
No changes.
6. Requirements for Grade-Levels Served, Facility Location, and Students Served
No changes.
7. Other Criteria in Statute
No changes.
8. Any Other Basis that the County Board of Education Finds Justifies the Denial
Staff finds no basis for denial.
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 no bases for denial of the request for the material revision to adjust the Opportunity Youth Academy Charter. Accordingly, staff recommends that the Board approve the Material Revision.
Student Impact
The Charter Schools Department provides oversight and monitoring for 22 County Board of Education authorized charter schools. Opportunity Youth Academy was authorized in 2016 and currently serves 300 students.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Megan K. Reilly, Chief Business Officer, Business, Facilities & Operations Division
Laurie Sauro, Director, Internal Business Services
Background
This report reflects budget revisions for the month of August 2018. 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 August 2018, we increased expenditure budgets by $3,877,656, increased revenue by $1,853,950, decreased carryover by $1,475,101 and decreased fund balance by $548,605.
Requested Action
Approve the Budget Revisions for the Month of August 2018.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Megan K. Reilly, Chief Business Officer, Business, Facilities & Operations Division
Laurie Sauro, Director, Internal Business Services
Background
This report reflects budget revisions for the month of June 2018. 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 June 2018, we increased expenditure budgets by $2,976,936, increased revenue by $5,360,463 and increased fund balance by $2,383,527.
Requested Action
Approve the Budget Revisions for the Month of June 2018.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The recommended new contract for Dr. Mary Ann Dewan, County Superintendent of Schools, to be considered by the board will be for a term beginning upon execution through June 30, 2022 with a base salary of $337,000 and additional salary of $5,000.00. In addition, the Superintendent will receive the following fringe benefits: health, welfare, retirement, and other benefits (same as are provided to certificated/ management employees), membership dues for professional organizations, and reimbursement of job related expenses.
Requested Action
Approve County Superintendent of Schools Employment Agreement.
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.
Legacy Update
Legacy provided SCCOE with a copy of its Special Use permit and Certificate of Occupancy for the 484 E San Fernando facility and officially moved in with students on September 10, 2018.
Charter Authorizers Meeting
As part of ongoing efforts to be a premier authorizer, SCCOE's Charter Schools staff hosted a Santa Clara County Charter Authorizers Meeting. Representatives from San Jose Unified and East Side Union High School District were in attendance. Topics for the meeting included: monitoring and oversight best practices, mega waiver, petition review practices, and collaboration opportunities. The next authorizers meeting will be in the winter.
Monitoring and Oversight Visits
SCCOE's Charter Schools staff conducted welcome visits to all schools that are now back in session. SCCOE's Human Resources (H.R.) Department has also begun its review and monitoring of credentials and staffing. An update on charter schools' credential status will be provided in October.
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.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On September 5, 2018 the Policy Subcommittee met and approved the revisions for the following policies:
Policy Discussion/Revisions:
BP 3100 - Budget
Updated to include superintendent consultant contracts and budget revision information; policy aligns with contracts policy.
BP 3312 - Contracts
Updated to streamline Board agenda items regarding contracts.
BP 5111 - Admission
New policy regarding admission to SCCOE programs that meets model policy developed by the California Attorney General, which prohibits the solicitation or collection of information regarding the immigration or citizenship status of students and their families, unless otherwise required by law.
Exhibit 9270 - Conflict of Interest
Exhibit updated to reflect changes in staffing and job titles.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
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. Recent promotions and calendar increases 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 each 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 |
Tsao |
Kuang-Lei |
Paraeducator, Special Education |
Teacher, Severe Disabilities |
C |
$23,379.84 |
$60,228.63 |
$36,848.79 |
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
Student Impact
Human Resources ensures our students receive quality instruction through the selection, assignment and support of qualified leaders, teachers and staff.
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:
Provides information on progress of services provided to children and families to meet required timelines as per specific indicators and thresholds
Provides the status of program budget and financial oversight
Indicates the progress of required matching contribution required by grant ($6,676,866)
Limits the amounts of funds charged as development and administrative costs to 15%
Serves as an oversight check of program expenses
Serves as an oversight check of program expense
Summarizes the year to date enrollment activity in the Head Start Program to comply with enrollment requirements
Student Impact
The Head Start/Early Head Start Program is federally funded to serve 1,946 children, ages 0-5, from very low-income families to promote their school readiness by enhancing their cognitive, social, and emotional development. These services are provided in Santa Clara and San Benito Counties.
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.
The next Santa Clara County Board of Education meeting is scheduled for October 10, 2018. For Board agendas and meeting minutes, please see our website at www.sccoe.org under the County Board of Education page.