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
Dr. Gary Waddell, Assistant Superintendent
Background
The Santa Clara County Board of Education (SCCBOE) recognizes ten employees each year for outstanding service to students, parents, coworkers, and customers. Sheetal Mistry, an Accountant at Ridder Park, 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
Gary Waddell, Ed.D., Assistant Superintendent
Background
Joaquin Miller Middle School and Sam H. Lawson Middle School both in Cupertino Union School District are two of the four schools in Santa Clara County to be recognized as a National Blue Ribbon School. We are recognizing this outstanding accomplishment by honoring the district as a part of our County Board agenda.
Student Impact
Blue Ribbon schools serve as a model for other schools to learn best practices to improve student achievement.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Megan K. Reilly, Chief Business Officer, Business, Facilities & Operations Division
Stephanie Gomez, Director, Internal Business Services
Background
The County Superintendent of Schools and SEIU Local 521 Substitute Bargaining Unit reached a tentative agreement on October 4, 2018. SEIU ratified this agreement on October 18, 2018.
A copy of the Disclosure Statement and certification of the County's ability to meet the costs is attached.
A copy of 4243.1 Superintendent Policy (SP) is also attached that explains Public Notice - Personnel Negotiations (Certificated and Classified Personnel).
Action
No Action Required
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 meet in 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
Report of Actions Taken in Closed Session
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The Santa Clara County Board of Education shall organize annually by electing one of its members President of the County Board. (Education Code 1009)
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The Santa Clara County Board of Education shall elect one of its members Vice-President of the County Board per Board Policy 9123.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The County Board shall hold an annual organizational meeting in accordance with law and the provisions of Board Bylaw 9100. At its organizational meeting, the County Board shall adopt a yearly calendar for its regular meetings. By Board action, the Board may deviate from its adopted calendar for the convenience of its members or for other reasons. (Education Code 1009.)
Regular meetings of the County Board shall be held at such time and place as members determine, but shall not be held less frequently than one meeting per month. The County Board shall generally hold two regular meetings each month, except for January, July, August, and December, when the County Board shall generally meet only once. Unless otherwise posted, regular County Board meetings shall be held on the first and third Wednesdays of each month, at 5:00 p.m., in the San Jose Room of the Santa Clara County Office of Education, 1290 Ridder Park Dr., San Jose.
Below are the proposed meeting dates for 2019:
January 16
February 6, 20
March 6, 20
April 3, 17
May 1, 15
June 12, 19
July 17
August 7
September 4, 18
October 2, 16
November 6, 20
Dec 11
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
Annually, the Board President makes appointments to the standing County Board Committees in accordance with Exhibit E 9130 and other appointments of board representatives for sanctioned activities. For your reference, attached is the list of those advisory bodies and a list of current board members serving on those bodies.
Please submit your preferences (1st, 2nd, and 3rd choices) for assignments to these committees. Attached is a blank list for your submittal. Please submit your preferences to the Board President by Friday, December 21, 2018.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
Board Bylaw 9250 requires the Board to approve a list of routine travel items at its annual organizational meeting. Once the list is approved, travel by County Board members to the meetings designated is considered pre-approved and members may receive reimbursement for their expenditures. However, the Board must approve travel items not on this list before travel is initiated by members for travel reimbursement.
Request Approval of Minutes of Regular Board meeting of November 7, 2018.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Megan K. Reilly, Chief Business Officer
Background
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. 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.
Fiscal Implications
The passage of this resolution has no fiscal implications.
Student Impact
The passage of this resolution has no student implications.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The Board must approve certification of signature(s) of person or persons authorized to sign, in the absence of the County Superintendent of Schools, for orders drawn on the funds of the Santa Clara County Office of Education, notices of employment and contracts in accordance with the provisions of Education Code Sections 42632 and 42633.
Attached is a "Certification of Signatures for 2019" for the Board's review.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On October 24, 2018 the Policy Development Subcommittee met and approved the revisions of Board Policy 5141.52 - Suicide Prevention. This policy was presented to the Board on November 7, 2018 for first reading.
On November 7, 2018 the Policy Development Subcommittee met and approved the revisions of Board Policy 6174 - English Learners. In order to meet the end of year deadline for Federal Program Monitoring (FPM), the Board is being asked to approve the revisions after first reading.
Lastly, in regards to Exhibit 9270 Conflict of Interest code, the Board had previously approved updates to the Exhibit on October 10, 2018 and November 7, 2018, however, additional position title changes were made. 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 have the document and the SCCOE's full Conflict of Interest policy approved by the Board of Supervisors in January, the Board is being asked to approve the revisions after first reading.
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, Student Services and Support Division |
Donor: | Various Donors |
Donation: | $250.00 |
Program: | Special Education, Student Services and Support Division |
Donor: | Various Donors at Connect West |
Donation: | $250.00 |
Program: | Inclusion Collaborative Warm Line, Student Services and Support Division |
Donor: | Pizza Factory Inc. |
Donation: | $1,000.00 |
Fiscal Implications
The above donations will be deposited in the respective program account.
Student Impact
The above donations will provide funds for the Special Education Post Secondary Program, and support for students and parents through Inclusion Collaborative Warm Line.
Background
California Education Code 1090 provides that, "On an annual basis, the County Board of Education may increase the compensation of individual board members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the County Board of Education."
Fiscal Implications
Increasing the board compensation, effective January 1, 2019, would increase current board compensation from $873.16 to $916.82 per month. This is an increase of $43.66 per month per member and an increase of $523.90 per year per member. If all board members elect to take the increase, it would be a budget increase of $3667.30 per year for all seven members.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Megan K. Reilly, Chief Business Officer
Background
Pursuant to State legislation, the “Dissolution Act,” the Redevelopment Agencies (RDA) in Santa Clara County were transferred to Successor Agencies. On July 1, 2018 all combined into one countywide Successor Agency. Under the Dissolution Act, the actions of a Successor Agency will be monitored, and in some cases approved, by an Oversight Board with one member representing the County Superintendent of Education.
Updates to the RDA Successor Agency Oversight Board appointments are necessary to better provide K-12 financial oversight. The change is effective January 1, 2019.
Recommendation
The Administration recommends the following SCCOE staff as the primary and alternative appointments of the respective RDA Oversight Boards.
Primary: Stephanie Gomez, Director-Internal Business Services
Alternate: Yen Lam, District Business Advisor-District Business and Advisory Services
Requested Action
Approve the update primary and alternative appointments of the respective RDA Oversight Boards as noted above.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Megan K. Reilly, Chief Business Officer, Business, Facilities & Operations Division
Stephanie Gomez, Director, Internal Business Services
Background
This report reflects budget revisions for the month of October 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 October 2018, we increased expenditure budgets by $20,682,982, increased revenue by $8,322,901, decreased carryover by $8,819,966 and decreased fund balance by $3,540,115.
Requested Action
Approve the Budget Revisions for the Month of October 2018.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Megan K. Reilly, Chief Business Officer, Business, Facilities & Operations Division
Stephanie Gomez, Director, Internal Business Services
Background
This report reflects budget revisions for the month of November 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 November 2018, we increased expenditure budgets by $780,546, increased revenue by $787,305, and increased fund balance by $6,759.
Requested Action
Approve the Budget Revisions for the Month of November 2018.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Megan K. Reilly, Chief Business Officer, Business, Facilities & Operations Division
Stephanie Gomez, Director, Internal Business Services
Background
Education Code Section 1240(l)(1)(A)(B) requires that the County Office of Education submit two reports during the fiscal year to the County Board of Education. The first report shall cover the actual revenues and expenditures of the County Office of Education for the period from July 1 through October 31, and update projections for the balance of the year. The second report shall cover the period ending January 31, and update projections for the balance of the year. Both reports shall be reviewed by the County Board of Education and approved by the County Superintendent no later than 45 days after the close of the period being reported. As part of each report, the County Superintendent shall certify in writing whether or not the County Office of Education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years.
This First Interim Financial Report, following the Standards and Criteria as set forth by the State of California, reports that the Santa Clara County Office of Education is able to maintain a Positive Certification as to its financial condition.
Requested Action
Administration recommends approval of the 2018-19 First Interim Financial Report.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Khristel Johnson, Director, Charter Schools Department
Background
As part of the charter authorization and oversight process, the Santa Clara County Office of Education's (“SCCOE”) staff has monitored the operations of The Legacy Academy charter school (“Legacy”). Over the last few months, the SCCOE staff became aware of certain facts, circumstances, and information which constitute fiscal mismanagement, violations of the Legacy Charter Petition (“Charter”), including the First Amended Memorandum of Understanding (“FAMOU”) between Legacy and the SCCOE, and/or violations of law, constituting cause for revocation of Legacy’s Charter pursuant to Education Code section 47607.
On September 21, 2016, Legacy submitted its Charter to the SCCOE. On December 14, 2016, the Santa Clara County of Board of Education (“SCCBOE”) approved the Charter. On July 5, 2018, Legacy submitted a Request for Material Revision (“Request”) of its Charter. On July 18, 2018, SCCBOE conducted a Public Hearing on the Request. On August 15, 2018, the SCCBOE approved the Request. The parties also entered into the FAMOU. As the authorizer of a countywide charter school, the SCCBOE may impose on Legacy any requirements that it deems necessary for Legacy’s sound operation. Among the SCCBOE’s requirements for Legacy were the mandate that Legacy enter into a FAMOU with the SCCOE, that compliance with the terms of that FAMOU was necessary to the sound and lawful operation of Legacy, that the FAMOU was incorporated by reference into the Charter, and – as specified in the FAMOU – that a violation of the FAMOU constitutes a violation of the Charter, including for purposes of charter revocation pursuant to Education Code section 47607.
GROUNDS FOR REVOCATION OF A CHARTER
Per Education Code section 47607(c), a charter may be revoked if the charter school does any of the following:
PROCESS AND TIMELINE FOR REVOCATION OF A CHARTER
Pursuant to Education Code section 47607(d), prior to revocation, the SCCOE must notify Legacy of any violation and give Legacy a reasonable opportunity to remedy the violation.
A “Notice of Violation” means the written notice of a chartering authority’s identification of one or more specific alleged violations by the charter school based on the grounds for revocation specified in Education Code section 47607(c). Pursuant to section 11965(f) of title 5 of the California Code of Regulations, this notice must identify and include the following:
Per section 11968.5.2 of title 5 of the California Code of Regulations, at least 72 hours prior to any board meeting in which a county chartering authority will consider issuing a Notice of Violations, the county chartering authority shall provide the charter school with notice and all relevant documents related to the proposed action and deliver the Notice of Violations to the charter school’s governing body. This notice was provided to the members of the Legacy Board of Directors via email to their individual email addresses and through personal delivery to The Legacy Academy school site with a hardcopy addressed to The Legacy Academy Board Members, care of Executive Director; Marc Buller.
A copy of the proposed Notice of Violations and the evidence supporting the Notice of Violations is attached to this agenda item. At the December 12, 2018, SCCBOE meeting, the petitioners will be given an opportunity to address the SCCBOE regarding the Notice of Violations and thereafter the SCCBOE will take action on the request for issuance of the Notice of Violations.
SPECIFIC VIOLATIONS AND METHOD FOR CURING VIOLATIONS
Staff has identified by substantial evidence concerns with Legacy’s financial status including fiscal mismanagement, noncompliance with the charter terms, and violations of law. These concerns are clearly outlined in the Notice of Violations, and include, but are not limited to:
The SCCOE staff propose Legacy cure all violations by noon on January 11, 2019. To demonstrate compliance with the charter and cure the violations, Legacy must:
REQUESTED ACTION
It is the recommendation of the SCCOE's Charter staff that the SCCBOE issue the Notice of Violations to Legacy Academy charter school, and delegate to the County Superintendent authority to execute and deliver the Notice of Violations in accordance with California Code of Regulations, title 5, section 11968.5.2. By issuing this Notice of Violations, Legacy Academy would be required to remedy the concerns outlined in the Notice of Violations by 12:00 noon January 11, 2019.
Student Impact
The Charter Schools Department provides oversight and monitoring for 22 County Board of Education authorized charter schools. Legacy was originally authorized in 2016 and a revised charter was authorized in 2018. Legacy currently services approximately 10-12 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.
Credential Update
As part of SCCOE oversight and monitoring, personnel and credentialing are reviewed and monitored annually. The Charter Schools Department is happy to announce that ALL SCCOE charter schools are compliant with personnel and credentialing issues.
Open House
The Charter Schools Department staff attended both the new Opportunity Youth Academy facility at Snell's Open House and also the Legacy Academy Open House on December 7.
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
Steve Olmos, Ed.D., Assistant Superintendent Student Services & Support Division
Background
In 2013, California's accountability system significantly changed with the adoption of the Local Control Funding Formula (LCFF). This new accountability system, the California School Dashboard (Dashboard), contains state indicators and standards to help identify a school's strengths, weaknesses, and areas in need of improvement. Because these state indicators and standards were developed for traditional (non-alternative) schools, the State Board of Education (SBE) and stakeholders raised concerns that the state indicators and standards did not fairly evaluate the success or progress of alternative schools that serve high-risk students.
California Education Code (EC) Section 52052(d) requires: The Superintendent, with the approval of the State Board of Education, shall develop an alternative accountability system for schools under the jurisdiction of a county board of education or a county superintendent of schools, community day schools, . . . and alternative schools serving high-risk pupils, including continuation high schools and opportunity schools . . .
As a result, the SBE directed the California Department of Education (CDE) to explore the development of modified methods, where appropriate, for alternative schools.
Student Impact
The Dashboard Alternative School Status (DASS) program replaces the previously administered Alternative Schools Accountability Model (ASAM) and holds alternative schools and alternative schools of choice accountable for modified methods of measurement for accountability indicators, when appropriate. This tool will be used to inform students, parents, and all stakeholders about the overall performance of school based on the state’s criteria.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Steve Olmos, Ed.D., Assistant Superintendent Student Services & Support Division
Antonio Fuentes, Director, Early Learning
Background
Educare schools, a network of more than 20 programs across the country, provide a comprehensive, high quality early childhood education and family support program shown to prevent the achievement gap from opening for the most at-risk children. Educare of California at Silicon Valley (ECSV) is a 501 (c)(3) non-profit organization that supports and coordinates the development of the first Educare School in California, located in the Santee neighborhood of San José in the Franklin-McKinley School District.
Educare of California at Silicon Valley (ECSV) is a partnership of the Santa Clara County Office of Education (SCCOE), FIRST 5 Santa Clara County, Franklin-McKinley School District, Kidango, Inc., the David and Lucile Packard Foundation, the Buffett Early Childhood Fund, First 5 California and the Silicon Valley Leadership Group. The partners, the Santa Clara County Office of Education, the County of Santa Clara, philanthropies, corporations and individual donors raised the overwhelming majority of funds necessary for the facility, operations, playground equipment, classroom materials, and teacher training and construction of the facility.
The purpose of this presentation is to provide the County Board with an update regarding the status of Educare.
ECSV Board Chair, Juan Cruz; Interim Executive Director, Joe Herrity, and Site Director, Drew Giles will join Director Fuentes to provide this presentation.
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
Background
The Board will participate in a discussion to review potential dates for a Board Retreat during the early part of 2019.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
Education Code 1302() 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 a CPI increase will result in excess of the $10,000 limit for three (3) employees.
Fiscal Implications
The following chart outlines the employee names, prior position titles, new position titles, reason for the salary increase, prior annual salary, new annual salary, and the salary increase for each employee. These employees are slated to receive salary increases 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 | Edwards II | James |
Custodian, Lead |
Supervisor-Custodial Services | C | $ 59,227.92 | $ 84,119.04 | $24,891.12 |
2 | Sharma | Shallu | Accounting Specialist II | Financial Administrator-Charter Schools | C | $ 69,489.00 | $107,359.08 | $37,870.08 |
3 | Reilly | Megan | Chief Business Officer | Chief Business Officer | H | $260,000.00 | $270,140.00 | $10,140.00 |
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: CPI Increase
Student Impact
Human Resources ensures our students receive quality instruction through the selection, assignment and support of qualified leaders, teachers and staff.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Steve Olmos, Ed.D., Assistant Superintendent Student Services & Support Division
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:
Program Information Report 2017-18 (PIR) –October 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 –October 2018
Provides the status of program budget and financial oversight
In-Kind Contribution Required –October 2018
Indicates the progress of required matching contribution required by grant ($6,676,866)
Administration Cost Limitation –October 2018
Limits the amounts of funds charged as development and administrative costs to 15%
Purchase Card Summary –October 2018
Serves as an oversight check of program expenses
California Child Food Program Summary Reports (USDA) –October 2018
Serves as an oversight check of program expense
Enrollment Report –October 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.
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.
The next Santa Clara County Board of Education meeting is scheduled for January 16, 2019. For Board agendas and meeting minutes, please see our website at www.sccoe.org under the County Board of Education page.