1. CALL TO ORDER
Subject
A. Roll Call (Including Action on Absences if Necessary)
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
1. CALL TO ORDER
Type
Information
Subject
B. Set the Agenda
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
1. CALL TO ORDER
Type
Action

 

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.

Subject
C. Pledge of Allegiance
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
1. CALL TO ORDER
Type
Procedural

 

 

2. EMPLOYEE OF THE MONTH
Subject
A. The Santa Clara County Board of Education recognizes ten employees each year. Sheetal Mistry, an Accountant at Ridder Park, is being honored as the Employee of the Month for the month of December.
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
2. EMPLOYEE OF THE MONTH
Type
Recognition
Goals
Santa Clara County Office of Education Goal #3
Santa Clara County Office of Education Goal #2

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.

 

3. SPECIAL RECOGNITION
Subject
A. Honoring National Blue Ribbon Status for Joaquin Miller Middle School and Sam H. Lawson Middle School
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
3. SPECIAL RECOGNITION
Type
Recognition
Goals
Santa Clara County Office of Education Goal #2

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.

4. PUBLIC HEARING
Subject
A. Public Hearing on the Disclosure Statement of the Tenative Agreement
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
4. PUBLIC HEARING
Type
Action
Preferred Date
Dec 12, 2018
Absolute Date
Dec 12, 2018
Fiscal Impact
No
Budgeted
No
Budget Source
n/a

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

5. PUBLIC COMMENTS OF PERSONS DESIRING TO ADDRESS THE BOARD
Subject
A. 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.
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
5. PUBLIC COMMENTS OF PERSONS DESIRING TO ADDRESS THE BOARD
Type
Procedural

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.

 

 

 

6. CLOSED SESSION
Subject
A. 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
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
6. CLOSED SESSION
Type

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

 

7. OPEN SESSION (Immediately Following Closed Session -- Approximately 6:30 p.m.) (San Jose Room)
Subject
A. Report of Actions Taken in Closed Session
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
7. OPEN SESSION (Immediately Following Closed Session -- Approximately 6:30 p.m.) (San Jose Room)
Type
Information

Report of Actions Taken in Closed Session

8. ANNUAL ORGANIZATIONAL MEETING
Subject
A. Election of President of the County Board of Education -- The Santa Clara County Board of Education shall organize annually by electing one of its members President of the County Board. (Education Code 1009)
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
8. ANNUAL ORGANIZATIONAL MEETING
Type
Procedural

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)

Subject
B. Election of Vice-President of the County Board of Education -- The Santa Clara County Board of Education shall elect one of its members Vice-President of the County Board per Board Policy 9123.
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
8. ANNUAL ORGANIZATIONAL MEETING
Type
Procedural

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.

Subject
C. Adoption of Yearly Calendar for Regular County Board of Education Meetings for 2019
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
8. ANNUAL ORGANIZATIONAL MEETING
Type
Action
Fiscal Impact
No
Goals
Santa Clara County Office of Education Goal #1

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

 

Subject
D. Discussion of Board Appointments to Subcommittees for 2019
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
8. ANNUAL ORGANIZATIONAL MEETING
Type
Discussion
Goals
Santa Clara County Office of Education Goal #1

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.

 

 

Subject
E. Request Approval of Annual Addendum to Board Bylaw 9250 Approved Routine Travel Items for 2019
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
8. ANNUAL ORGANIZATIONAL MEETING
Type
Action
Fiscal Impact
No
Goals
Santa Clara County Office of Education Goal #1

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. 

 

9. CONSENT ACTION ITEMS
Subject
A. Request Approval of Minutes of Regular Board Meeting of November 7 (#2233)
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
9. CONSENT ACTION ITEMS
Type
Action (Consent)

Request Approval of Minutes of Regular Board meeting of November 7, 2018.

Subject
B. Resolution for Withdrawal from SELF Excess Liability Program
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
9. CONSENT ACTION ITEMS
Type
Action (Consent)
Preferred Date
Dec 12, 2018
Absolute Date
Dec 12, 2018
Goals
Santa Clara County Office of Education Goal #3

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.

Subject
C. Request Approval of Certification of Signatures for 2019
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
9. CONSENT ACTION ITEMS
Type
Action
Fiscal Impact
No
Goals
Santa Clara County Office of Education Goal #1

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.  

 

Subject
D. Reading and Adoption of Board Policies
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
9. CONSENT ACTION ITEMS
Type
Action (Consent)
Preferred Date
Dec 12, 2018
Absolute Date
Dec 12, 2018

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. 

 

 

Subject
E. Request Acceptance of Donations to the Santa Clara County Office of Education
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
9. CONSENT ACTION ITEMS
Type
Action (Consent)
Preferred Date
Dec 12, 2018
Absolute Date
Dec 12, 2018
Fiscal Impact
Yes
Dollar Amount
$1,500.00
Budgeted
Yes
Budget Source
Special Education and Inclusion Collaborative
Goals
Santa Clara County Office of Education Goal #2
Santa Clara County Office of Education Goal #1

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.

 

10. ACTION ITEMS
Subject
A. Discussion/Action on Annual Board Compensation Increase per California Education Code 1090
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
10. ACTION ITEMS
Type
Action
Fiscal Impact
Yes

 

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.

Subject
B. Request Approval of Appointments to the Countywide Redevelopment Agency Oversight Board
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
10. ACTION ITEMS
Type
Action

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.

Subject
C. Request Approval of the Budget Revisions for the Month of October 2018
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
10. ACTION ITEMS
Type
Action
Preferred Date
Dec 12, 2018
Absolute Date
Dec 12, 2018
Fiscal Impact
No
Budgeted
No
Budget Source
n/a

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.

Subject
D. Request Approval of the Budget Revisions for the Month of November 2018
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
10. ACTION ITEMS
Type
Action
Preferred Date
Dec 12, 2018
Absolute Date
Dec 12, 2018
Fiscal Impact
No
Budgeted
No
Budget Source
n/a

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.

 

Subject
E. Request Approval of the 2018-19 First Interim Financial Report
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
10. ACTION ITEMS
Type
Action
Preferred Date
Dec 12, 2018
Absolute Date
Dec 12, 2018
Fiscal Impact
No
Budgeted
No
Budget Source
n/a

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.

 

Subject
F. Issuance of a Notice of Violations to the Legacy Academy
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
10. ACTION ITEMS
Type
Action
Goals
Santa Clara County Office of Education Goal #1
Santa Clara County Office of Education Goal #2

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:

  1. Commits a material violation of any of the conditions, standards, or procedures set forth in the charter.
  2. Fails to meet or pursue any of the pupil outcomes identified in the charter.
  3. Fails to meet generally accepted accounting principles, or engaged in fiscal mismanagement.
  4. Violates any provision of law.

 

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:

  1. The alleged specific material violation of a condition, standard, or procedure set out in the school’s charter pursuant to Education Code section 47607(c)(1); the specific pupil outcome(s) identified in the school’s charter that the charter school allegedly failed to meet or pursue pursuant to Education Code section 47607(c)(2); the charter school’s alleged fiscal mismanagement or specific failure to follow generally accepted accounting principles pursuant to Education Code section 47607(c)(3); or the specific provision(s) of law that the charter school allegedly failed to follow pursuant to Education Code section 47607(c)(4), as appropriate.
  2. All evidence relied upon by the authorizer in determining the charter school engaged in any of the acts or omissions that are causes for revocation, as listed in Education Code section 47607(c)) including the date and duration of the alleged violation(s), showing the violation(s) is/are both material and uncured, and that the alleged violation(s) occurred within a reasonable period of time before a notice of violation is issued; and
  3. The period of time the chartering authority has concluded is a reasonable period of time for the charter school to remedy or refute the identified violation(s).

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:

  1. Inflated enrollment projections resulting in an adverse effect on the solvency of Legacy;
  2. Unclear documentation related to reimbursement and reimbursement requests for costs under the Public Charter Schools Grant Program (“PCSGP”);
  3. Budgetary reliance on donations that have not been received by Legacy.

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:

  1. Provide evidence to SCCOE of Legacy's notification to California Department of Education (CDE)/California School Finance Authority (CSFA) of the material changes to its enrollment/Average Daily Attendance (ADA) and budget with respect to the Revolving Loan, the PCSGP grant, and SB 740 funding.
  2. Submit evidence of fundraising - records of deposits including specific donation amounts and the dates on which donations have been received by Legacy - to off-set the anticipated lack of revenue.
  3. Submit to SCCOE an updated budget with revised enrollment/ADA projections and evidence supporting such projections.
  4. Submit to SCCOE a revised cash-flow which shows Legacy's sustainability for the balance of the 18-19 school year without any additional loans and relies only on actual funding received by/irrevocably committed to Legacy.
  5. To the extent the budget and/or cash flow rely on Legacy's receipt of additional funds and/or retention without reimbursement/early repayment of funds from PCSGP, the Revolving Loan and/or SB 740, such assumptions must be supported by documentation that the assumptions are correct.  Please note, any such documentation would need to include express representations by CDE/CSFA; it will not be adequate for Legacy to speculate about or rely upon the possibility that the CDE/CSFA may waive a requirement(s) of one or more of these programs.
  6. Provide SCCOE a detailed written explanation, with backup documentation, of Legacy's compliance with the PCSGP grant requirements, including, but not limited to: (a) explanations of the timing when expenses were incurred and the item/service was provided; (b) specific information concerning the invoices that Legacy was asking vendors to change to reflect dates within the grant period, including evidence that the costs were actually incurred during the grant periods; (c) copies of all invoices for PCSGP expenses, and (d) an explanation of the discrepancies between expenses submitted and payments received by Legacy.
  7. Submit a written confirmation of Legacy's understanding of and commitment to its obligations pursuant to Education Code Section 47604.3 and the Amended Charter promptly to respond to all reasonable inquiries from SCCOE, including but not limited to, inquiries regarding its financial records, and consult with SCCOE regarding any such inquiries.  This commitment must specify Legacy's understanding that it must respond to SCCOE's initial inquiries, may not delay in responding, and if Legacy does not understand what SCCOE has asked it will immediately seek clarification from SCCOE, or if Legacy claims that it is unable to provide the requested records or information promptly in response to SCCOE's inquiry, that Legacy will immediately explain the precise cause for any unavoidable delay and obtain SCCOE's approval of the delay.  The confirmation must also include a commitment to complying with all additional notice and response requirements provided for in the FAMOU, including but not necessarily limited to, the specific notice requirements related to PCSGP.
  8. Submit all loan documentation and encumbrances, including but not limited to, any loans or fiscal commitments from persons, corporations, state or federal government agencies, banks, factoring, lines of credit, etc.

 

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.

 

 

11. INFORMATION ITEMS
Subject
A. Charter Schools Update
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
11. INFORMATION ITEMS
Type
Information
Goals
Santa Clara County Office of Education Goal #1
Santa Clara County Office of Education Goal #2

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.

 

Subject
B. Dashboard Alternative Schools Status (DASS)
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
11. INFORMATION ITEMS
Type
Information
Goals
Santa Clara County Office of Education Goal #1

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.

 

Subject
C. Educare of California at Silicon Valley (ECSV) Update
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
11. INFORMATION ITEMS
Type
Information
Goals
Santa Clara County Office of Education Goal #1

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.

 

Subject
D. Discussion on Board Retreat dates for early part of January/February 2019
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
11. INFORMATION ITEMS
Type

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.

 

12. CONSENT INFORMATION ITEMS (Information items provided for review that do not require presentation or action.)
Subject
A. A. Employee Compensation Increase Exceeds the EC 1302(a) Limit
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
12. CONSENT INFORMATION ITEMS (Information items provided for review that do not require presentation or action.)
Type
Information
Goals
Santa Clara County Office of Education Goal #3

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.

 

Subject
B. Head Start/Early Head Start Monthly Board Reports
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
12. CONSENT INFORMATION ITEMS (Information items provided for review that do not require presentation or action.)
Type
Information
Goals
Santa Clara County Office of Education Goal #3

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:

 

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.

 

13. SUPERINTENDENT'S REPORT
Subject
A. The superintendent may give a report on any activities related to her duties.
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
13. SUPERINTENDENT'S REPORT
Type
Information

The superintendent may give a report on any activities related to her duties.

14. COUNTY BOARD OF EDUCATION MEMBER REPORTS
Subject
A. 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.
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
14. COUNTY BOARD OF EDUCATION MEMBER REPORTS
Type
Information, Reports

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.

15. BOARD COMMITTEE REPORTS
Subject
A. Committee members may provide or report on recent committee activities.
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
15. BOARD COMMITTEE REPORTS
Type
Information

  1. Budget Study Committee:  December 13, 2018; Jan 31, 2019 (County Superintendent of Schools)
  2. California County Boards of Education (CCBE) Board of Directors:  May 2019 (Trustee Kamei)
  3. California School Boards Association (CSBA) Delegate:  May 2019 (Trustee Kamei)
  4. Head Start Policy Council:  Dec 15, 2018 (Trustee Mah)
  5. Joint Committee on Child Care (JCCC):  Dec 20, 2018 (Trustees Di Salvo and Rossi)
  6. Joint Legislative Advisory Committee (JLAC): Feb 20, 2019 (Trustee Mah)
  7. Policy Subcommittee:  Jan 16, 2019 (Trustee Song)
  8. Santa Clara County School Boards Association (SCCSBA):  Jan 23, 2019 (Trustee Song)
  9. Warmenhoven Inclusion Collaborative:  Jan 17, 2019  (Trustee Kamei)
16. FUTURE AGENDA ITEMS
Subject
A. Requested items by Board members may be addressed at this time.
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
16. FUTURE AGENDA ITEMS
Type
Information

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. 

 

  1. Food instability for children in Santa Clara County, Winter 2019 (Trustee Mah)
  2. Discussion on chronic absenteeism, Winter 2019 (Trustee Mah)
  3. Summit Learning Platform, Spring 2019 (Trustee Di Salvo)
  4. Data Trust Project, Fall 2018 (Trustee Mah)
  5. Discussion regarding the Attorney General's Opinion of County Board of Education involvement in personnel matters in Closed Session (Trustee Di Salvo)
  6. History of SJ/SV 2020 (Trustee Di Salvo)
  7. Discussion on developing a template as a model document for easily understood data on funding and achievement, the flow of LCFF funds, and availability of achievement LCAP outcomes data provided by CDE. (Trustee Di Salvo)
  8. Discussion on California Voting Rights Act and at-large elections for seats on 31 school district boards (Trustee Di Salvo)
  9. Report on how Redevelopment Agency (RDA) funds are being spent to help local school districts (Vice President Song)
  10. Teacher Housing (Trustee Mah)
  11. Presentation of Civic Engagement (Trustee Di Salvo)
17. ADJOURNMENT
Subject
A. The next Santa Clara County Board of Education meeting is scheduled for January 16, 2019.
Meeting
Dec 12, 2018 - Regular Board Agenda (#2234)
Category
17. ADJOURNMENT
Type
Information

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.