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.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The Santa Clara County Board of Education (SCCBOE) recognizes ten employees each year for outstanding service to students, parents, coworkers, and customers. Corinne Ricci, a Speech Language Pathologist in the Gateway cluster, 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.
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
The Board of Education will hold a Closed Session to consider the following matter:
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (One Case)
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
The Board of Education will hold a Closed Session to consider the following matter:
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
Background
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 October 26, 2018, the Charter Schools Department of the Santa Clara County Office of Education (SCCOE) received a request to update its admission preferences from University Preparatory Academy (UPA) Charter School. UPA was initially approved as a countywide SCCOE independent charter on August 23, 2006, and serves 680 students in grades 7-12. This admissions preference change was prompted from notification by the California Finance Authority (CFA) which governs the SB 740 grant funding for charter school facilities. UPA has received these fund since 2011 and has always had an admission preference for students from the elementary school attendance area in which it is located – Canoas Garden Elementary. Recently, UPA was notified by the CFA that it must change its admissions preferences as UPA was not located in the Canoas Garden Elementary attendance boundary area but instead Galarza Elementary’s attendance boundary area. At the October 24, 2018 Board Meeting, during the Charter School Update item, staff notified the Board that this technical change was necessitated due to a change in boundaries by San Jose Unified School District (SJUSD). However, this information was incorrect. San Jose Unified did not change its boundaries as previously reported. Charter staff has relayed its apologies to SJUSD, and again apologizes for any difficulty this information provided. Further exacerbating the issue, there are two active school locator search engines which provide differing attendance boundary locations for UPA. Regardless of when or how the change happened, UPA now resides in the Galarza Elementary attendance area and its admissions preferences must be updated in order to remain compliant for SB 740 funding.
California Education Code Section 47605.6 (e)(2)(b)(i) requires that “each type of [admission] preference shall be approved by the chartering authority at a public hearing.”
UPA’s current admission preferences read as follows:
UPA does grant preference in the public random drawing to siblings of students already attending UPA, children of UPA educators, administrators, and staff, students who reside in the elementary school attendance area for Canoas Elementary School (in accordance with Education Code Section 47605.3 and 47614.5), students who are eligible to receive Free or Reduced Price Meals as determined by federal forms documentation. In addition, students who reside in the Santa Clara County have priority over students who reside in other counties.
UPA requests that its admissions priorities be adjusted to read:
UPA does grant preference in the public random drawing to siblings of students already attending UPA, children of UPA educators, administrators, and staff, students who are currently enrolled in or who reside in the elementary school attendance area of the Public Elementary school(s) in which University Preparatory Academy is located for the purposes of the Charter School Facility Grant Program, students who are eligible to receive Free or Reduced Price Meals as determined by federal forms documentation. In addition, students who reside in the Santa Clara County have priority over students who reside in other counties.
The admission preference request letter is attached to this agenda.
Student Impact
The Charter Schools Department provides oversight and monitoring for 22 County Board of Education authorized charter schools. University Preparatory Academy was authorized in 2006 and currently serves 680 students.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Khristel Johnson, Director, Charter Schools Department
Background
On October 26, 2018, the Charter Schools Department of the Santa Clara County Office of Education received a request to update its admission preferences from University Preparatory Academy (UPA) Charter School. UPA was initially approved as a countywide SCCOE independent charter on August 23, 2006, and serves 680 students in grades 7-12. This admissions preference change was prompted from notification by the California Finance Authority (CFA) which governs the SB 740 grant funding for charter school facilities. UPA has received these funds since 2011 and has always had an admission preference for students from the elementary school attendance area in which it is located – Canoas Garden Elementary. Recently, UPA was notified by the CFA that it must change its admissions preferences as UPA was not located in the Canoas Garden Elementary attendance boundary area but instead Galarza Elementary’s attendance boundary area. At the October 24, 2018 Board Meeting during the Charter School Update item to the SCCBOE, staff notified the Board that this technical change was necessitated due to a change in boundaries by the San Jose Unified School District (SJUSD). However, this information was incorrect. San Jose Unified did not change its boundaries as previously reported. Charter staff has relayed its apologies to SJUSD, and again apologizes for any difficulty this information provided. Further exacerbating the issue, there are two active school locator search engines which provide differing attendance boundary locations for UPA. Regardless of when or how the change happened, UPA now resides in Galarza Elementary attendance area and its admissions preferences must be updated in order to remain compliant for SB 740 funding.
Consideration for Board Decision
California Education Code Section 47605.6 (e)(2)(b)(i) requires that “each type of [admission] preference shall be approved by the chartering authority at a public hearing.”
UPA’s current admission preferences read as follows:
UPA does grant preference in the public random drawing as to siblings of students already attending UPA, children of UPA educators, administrators, and staff, students who reside in the elementary school attendance area for Canoas Elementary School (in accordance with Education Code Section 47605.3 and 47614.5), students who are eligible to receive Free or Reduced Price Meals as determined by federal forms documentation. In addition, students who reside in the Santa Clara County have priority over students who reside in other counties.
UPA requests that its admissions priorities be adjusted to read:
UPA does grant preference in the public random drawing as to siblings of students already attending UPA, children of UPA educators, administrators, and staff, students who are currently enrolled in or who reside in the elementary school attendance area of the Public Elementary school(s) in which University Preparatory Academy is located for the purposes of the Charter School Facility Grant Program, students who are eligible to receive Free or Reduced Price Meals as determined by federal forms documentation. In addition, students who reside in the Santa Clara County have priority over students who reside in other counties.
The admission preference request letter is attached to this agenda.
Recommended Action:
Staff reviewed the admission preference request utilizing the criteria for approval set forth in Education Code Sections 47605.6 and 47607. Staff finds no basis for denial of the request to technically change the admission preferences for the University Preparatory Academy Charter. Accordingly, staff recommends that the Board approve the technical change.
Student Impact:
The Charter Schools Department provides oversight and monitoring for 22 County Board of Education authorized charter schools. University Preparatory Academy was authorized in 2006 and currently serves 680 students.
Request Approval of Minutes of Regular Board Meeting of October 24, 2018.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Peter Daniels, Chief Public Affairs Officer
Background
National Special Education Day marks the anniversary of the nation's first federal special education law--signed by President Gerald Ford on December 2, 1975.
Student Impact
Recognizes the important and valuable contributions Santa Clara County students with disabilities make to our schools and communities and honors the important work of our special education teachers and support staff.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
County agencies are required to undergo a biennial review of the designated employees as listed on the conflict of interest policy to ensure that all position titles are up-to-date before the process begins to update the eDisclosure forms (electronic filing of Form 700 Statement of Economic Interests) for the new year. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
On October 24, 2018 the Policy Subcommittee met and approved additional revisions to the Exhibit of Board Bylaw 9270, making changes to two position titles. The Board had previously approved updates to the Exhibit on October 10, 2018, however, two addition position title changes were made after that approval. It is important to note, that the list of designated positions will routinely occur as position transitions are made. Staff will continue to work with County Counsel when changes are made in order to comply with the process and timelines pursuant to Government Code sections 87302, 87303.
In order to meet the November 16, 2018 deadline of County Counsel and Board of Supervisors and to comply with Government Code sections 87302, 87303, the Board is being asked to approve the revisions after first reading. By meeting this timeline, County Counsel can review the documents and the Board of Supervisors can approve the updates within the calendar year 2018.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Khristel Johnson, Director, Charter Schools Department
Background
The charter for Sunrise Middle School (Sunrise Middle or Sunrise) expires on June 30, 2019. This charter was denied for renewal by San Jose Unified School District and was approved on appeal to the Santa Clara County Board of Education (County Board) on March 19, 2014. Sunrise serves 220 students, grades 6-8 and is seeking an additional five-year term from July 2019 to June 2024.
On September 26, 2018, the Charter Schools Office of the Santa Clara County Office of Education (SCCOE or County Office of Education) received a petition from Sunrise Middle seeking renewal of the charter. California Education Code Section 47607(a) (1) requires that “each renewal shall be for a period of five years.” If the charter was to be renewed by the County Board, the new term of the charter would begin on July 1, 2019, and end on June 30, 2024.
On October 10, 2018, the County Board held a Public Hearing on the charter school’s petition for renewal.
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.”
As per Board Policy 0420.4, Sunrise and SCCOE developed 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, 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. This MOU was signed by the petitioner on October 26, 2018.
A copy of the renewal petition can be found here.
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)
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), 47607, and County Board Policy 0420.4 (c) and found:
1. Determination of Academic Performance
Staff reviewed Sunrise’s academic data and determined that Sunrise has met the criteria “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)).”
2. Review of the Charter Petition
a. Unsound Educational Program
Staff concluded that Sunrise does provide sufficient information in the Petition to substantiate all of the required elements for a sound educational program. Staff also concluded that the addition of a 5th-grade class would be beneficial and educationally sound.
b. Demonstrably Unlikely to Implement the Program
Staff found facts that demonstrate that the Petitioners are likely to successfully implement the program. Staff further found that the addition of a 5th-grade class to Sunrise would be economically and educationally viable.
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 does 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.
e. Exclusive Employer
The petition contains a statement specifying that Sunrise 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
Staff found the renewal petition meets the requirements set forth in statute.
g. Other Criteria in Statute
Staff found the renewal petition meets the requirements set forth in statute.
3. Increases in pupil academic achievement for all groups of pupils served by the Charter School
Staff reviewed Sunrise’s academic data and determined that Sunrise has met the criteria “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 operations in evaluating the likelihood of future success, along with future plans for improvement if any
Staff finds that Sunrise Middle School meets the criteria for renewal. Staff further finds that the addition of the 5th-grade class to Sunrise Middle is fiscally and educationally sound.
REQUESTED ACTION
It is the recommendation of the Charter Staff to approve the Renewal Petition as reviewed in the Staff Analysis and Proposed Findings of Fact, adopt the Board Resolution for approval of renewal of Sunrise Middle School and also adding the requested 5th grade class, for the period of July 1, 2019, through June 30, 2024.
Student Impact
The Charter Schools Department provides oversight and monitoring for 22 County Board of Education authorized charter schools. Sunrise was authorized in 2014 and currently serves 220 students.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Khristel Johnson, Director, Charter Schools Department
Background
An update on Charter schools is provided at all regular board meetings.
Legacy Academy
As part of the ongoing oversight and monitoring, an update on Legacy Academy will be provided.
Charter School Credential Compliance Update
As part of the ongoing oversight and monitoring, an update on the credential compliance status of SCCBOE's approved charter schools will be provided.
Symposium 2019
An update on the Symposium for 2019 will be provided.
Student Impact
The Charter Schools Department provides monitoring and oversight for 22 County Board of Education authorized charter schools serving approximately 10,000 students.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Megan K. Reilly, Chief Business Officer
Background
This item is an administerial action. It is being introduced as an Information Item at this meeting with the intent to agendize it for action at the December meeting of the Board.
The Santa Clara County Office of Education is a member of the South Bay Area School’s Insurance Authority (SBASIA) for property and liability insurance.
This resolution is a precondition of a subcontract under the JPA and necessary in order to allow the JPA to see if there are more cost effective options available. At this board meeting, we are bringing this resolution for information and to answer any questions. We will bring the resolution back for action in December to meet a December 31, 2018 deadline. The resolution is not binding. We can stay in the Schools Excess Liability Fund (SELF) if the JPA determines that they are the most competitive option.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On October 24, 2018 the Policy Subcommittee met and approved the revisions for the following policy:
BP 5141.52 - Suicide Prevention
Policy and regulation substantially revised to reflect AB 2246 which mandates districts serving grades 7-12 to adopt policy on suicide prevention, intervention, and postvention. Draft regulation attached for context and to show new information/practice to be implemented.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Steve Olmos, Ed.,D., Assistant Superintendent - Student Services and Support Division
Background
Program Information Report 2017-18 (PIR) –September 2018
Provides information on progress of services provided to children and families to meet required timelines as per specific indicators and thresholds
Financial Report – HS Basic/EHS Basic Total Grant Award –September 2018
Provides the status of program budget and financial oversight
In-Kind Contribution Required –September 2018
Indicates the progress of required matching contribution required by grant ($6,676,866)
Administration Cost Limitation –September 2018
Limits the amounts of funds charged as development and administrative costs to 15%
Purchase Card Summary –September 2018
Serves as an oversight check of program expenses
California Child Food Program Summary Reports (USDA) –September 2018
Serves as an oversight check of program expense
Enrollment Report –August & September 2018
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.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
David Wu, Chief Technology Officer/Interim Assistant Superintendent - Professional Learning & Instructional Support
Background
Per Education Code §1240(F)(i), the County Superintendent submitted this annual report to the governing board of each school district, the County Board of Education, and the Santa Clara County Board of Supervisors reflecting the findings of the 42 schools in 10 school districts that were subject to instructional materials and facilities monitoring in the fall of 2018.
The report is attached.
Student Impact
Santa Clara County Office of Education's Williams visits ensure that Santa Clara County's students have access to textbooks and instructional materials, clean, safe and functional school facilities, and appropriately certificated and assigned teachers.
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 presented to the County Board of Education at a regularly scheduled meeting. Recent promotions will result in excess of the $10,000 limit for two (2) employees.
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. These employees are 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 |
Freund |
Brian |
School Site Technology Support Specialist |
Network Analyst-Senior |
C |
$57,748.44 |
$96,430.08 |
$38,681.64 |
| 2 | Coffman | Gabriel | Paraeducator - Special Education | Teacher - Severe Disabilities | C | $25,301.76 | $60,785.45 | $35,483.69 |
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.
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 December 12, 2018. For Board agendas and meeting minutes, please see our website at www.sccoe.org under the County Board of Education page.