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. Latishia Pedroza an Credential Specialist 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
Background
The California School Boards Association Golden Bell Award recognizes public school programs demonstrating a proven, positive effect in the classroom that focus on meeting the needs of all students while fostering innovative and sustainable practices. This year, four programs in Santa Clara County were selected: Union School District, Mountain View Whisman School District, and SCCOE Golden Bell Award Honorees: DataZone & Inclusion Collaborative.
Student Impact
Exemplary model programs allow opportunities for conversations and collaborations, across districts, across the county, and across the state. These programs have the potential to improve student learning outcomes for all students.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The Second Harvest Food Bank of Santa Clara and San Mateo Counties will provide a report about food insecurity in the region. This topic is presented in part as a follow up to a board requested future agenda item as requested by Trustee Mah. Second Harvest Food Bank of Santa Clara and San Mateo Counties provides food to an average of over a quarter million kids, families and seniors every month through their programs and work with over 300 nonprofit partners. Second Harvest Food Bank works to provide food through various programs and activities which include community outreach, nutrition education, and advocacy.
Tracy Weatherby, Vice President of Community Engagement and Policy at Second Harvest Food Bank will provide information about the status of food insecurity in Santa Clara County as well as discussing the community partnerships of the Second Harvest Food Bank, including the partnership with the Santa Clara County Office of Education.
Student Impact
Second Harvest Food Bank of Santa Clara and San Mateo Counties provides food through a variety of programs and activities including working with school district and community partners to maximize efforts to feed kids and teens during the school year and summer months.
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
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Report of Actions Taken in Closed Session
Request Approval of Minutes of Regular Board meeting of January 16, 2019.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
February is designated as Black History Month and the 2019 theme for Black History Month, “Black Migrations,” emphasizes the movement of people of African descent to new destinations and subsequently to new social realities. While inclusive of earlier centuries, this theme focuses mainly on the twentieth century through today. Even as we strive to honor the contributions of African-Americans throughout the year, the County Office is honored to recognize Black History Month and to partner with community organizations to improve educational outcomes for black students.
Requested Action
Adoption of Resolution to Recognize Black History Month
Student Impact
Black History Month is designed to raise awareness and to provide examples to students of the contributions of African Americans, highlight role models for students, and increase an appreciation for diversity and equity in Santa Clara County.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
Career and Technical Education Month®, or CTE Month®, is a public awareness campaign that takes place each February to celebrate the value of CTE and the achievements and accomplishments of CTE programs across the country.
Requested Action
Adoption of Resolution to Career and Technical Education Month.
Student Impact
Career and Technical Education improves the outcomes of all students by providing pathways to college and career.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Megan K. Reilly, Chief Business Officer
Craig Wilde, Director, General Services
Jas Sohal, Manager, Purchasing
Background
Under the Public Contract Code 20111(b) and 22002(c), SCCOE construction and reconstruction projects which cost $15,000 or more must be formally bid and awarded to the lowest responsive bidder. Since the $15,000 has never been adjusted for inflation, it has become more difficult for staff to contract for needed work without having to go through a time-consuming and expensive bid process.
There is an alternative method under the California Uniform Public Construction Cost Accounting Act (CUPCCAA). The act raises the formal bid limit for public entities to $200,000 and sets specific informal and formal bidding procedures. By adopting the CUPCCAA, SCCOE has three different types of projects based on their cost:
The process for medium projects ($60,001-$200,000) requires that each November notifications are sent to construction trade journals inviting licensed contractors to submit their names and information to the SCCOE in order to be included on a list of bidders. When the SCCOE has a qualifying project the contractors on the list are notified rather than the project advertised in the newspaper. The bidding process is considered informal with less requirements and documentation than a formal bid. These medium projects, like the large projects, are awarded to the lowest bidder.
Staff recommends CUPCCAA will streamline the bidding process and save the SCCOE time and money.
Fiscal Implications
As a result of this item advertising costs will be reduced. Bid to contract time will be reduced saving staff time and resources and improving program efficiencies.
Student Impact
The General Services Department strives to maintain our facilities in a timely manner for our students and staff.
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 that 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 December 12, 2018, the Santa Clara County Board of Education ("SCCBOE") approved issuing a Notice of Violations ("NOV;" attached as Exhibit 1 to the attached Notice of Intent to Revoke) to Legacy Academy.
As part of the NOV, Legacy was provided an opportunity to refute or cure the violations by submitting evidence to SCCOE by noon, January 11, 2019. Legacy timely submitted its response to the NOV on January 11, 2019 (the response is attached as Exhibit 2 to the attached Notice of Intent to Revoke). SCCOE reviewed Legacy's response and determined that the evidence provided was inconsistent, inaccurate, incomplete, and further heightened SCCOE's concerns for the fiscal solvency of Legacy Academy. SCCOE has found substantial evidence that establishes that Legacy has failed to refute or remedy the violations identified in the NOV.
Process and Timeline for Revocation of a Charter
Pursuant to Education Code section 47607(e), before revoking a charter for failing to remedy a violation, and after expiration of the school’s reasonable opportunity to remedy without successfully remedying the violation, SCCBOE shall provide a written Notice of Intent to Revoke and notice of facts in support of revocation of the charter school. No later than 30 days after providing Notice of the Intent to Revoke the charter, SCCBOE shall hold a public hearing in the normal course of business on the issue of whether sufficient evidence exists to revoke the charter. Finally, no later than 30 days after the public hearing, SCCBOE shall render a decision on whether to revoke or not revoke the charter. If the SCCBOE decides to revoke Legacy’s Charter, it shall adopt written factual findings, supported by substantial evidence, specific to Legacy, that support its findings.
“Notice of Intent to Revoke” means the written notice of a chartering authority’s decision to pursue revocation of a school's charter due to the charter school's failure to remedy one or more violations identified in the Notice of Violation. Pursuant to section 11965(d) of title 5 of the California Code of Regulations, this notice must identify and include the following:
A copy of the proposed Notice of Intent to Revoke and the evidence supporting the Notice of Intent to Revoke is attached to this agenda item. Also, included in this Notice of Intent to Revoke is notice to Legacy Academy that a Public Hearing will be held at the February 20, 2019 regular SCCBOE meeting, which commences at 5:00 p.m. At the February 6, 2019, SCCBOE meeting, the petitioners will again be given an opportunity to address the SCCBOE regarding the Notice of Intent to Revoke and, thereafter, the SCCBOE will take action on the request for issuance of the Notice of Intent to Revoke.
Requested Action
It is the recommendation of the SCCOE's Charter staff that the SCCBOE issue the Notice of Intent to Revoke The Legacy Academy charter school, and delegate to the County Superintendent authority to execute and deliver the Notice of Intent to Revoke in accordance with California Code of Regulations, title 5, section 11968.5.2. By issuing this Notice of Intent to Revoke, SCCBOE will continue the revocation process for Legacy’s Charter and a public hearing concerning the matter will be held at the next regular SCCBOE meeting on February 20, 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 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.
Rocketship Audit Extension Request
On January 24, 2019, Rocketship requested an extension for the FY 2017-2018 annual financial audit report to the state. This is the third request for an extension for this reporting period.
Legacy Academy
Legacy will be providing an academic achievement report to staff by Friday, February 8, 2019. As of January 31, 2019, Legacy's enrollment is 12 students.
Upcoming Charter Renewals
| NAME OF SCHOOL | PETITION RECEIPT |
| Discovery I | February 2019 (Expected) |
| Rocketship Los Sueños | 2019 - 2020 (Expected) |
| Rocketship Mateo Sheedy | 2019 - 2020 (Expected) |
| University Preparatory Academy | 2019 - 2020 (Expected) |
| Voices Mt. Pleasant | 2019 - 2020 (Expected) |
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
Per Board Policy BP 3312 (a), contracts from $300,000 and over are to be provided as one information item at a regular meeting of the Board.
For your information, the table below lists the contracts processed from October 1, 2018 – December 31, 2018.
Per AR 3310, there are several award processes. It is noted in the table below whether the contract was awarded through:
Fiscal Implications
|
VENDOR |
DESCRIPTION |
AWARD PROCESS |
CONTRACT TYPE |
BRANCH |
RESPONSIBLE PERSON |
CONTRACT AMOUNT |
|
SafeTrans Transportation |
Student Transportation |
RFP |
Professional Services Agreement |
Student Services and Support |
Steve Olmos |
$846,000 |
|
Ro Health |
Contracted skilled nursing services for Special Education students (billed back to students district of residence) |
Best Source Justification |
Professional Services Agreement/Amendment |
Student Services and Support |
Steve Olmos |
$450,000 |
|
Sonja Biggs Educational Services |
Contracted pre-school intervenor and teacher |
Best Source Justification |
Professional Services Agreement/Amendment |
Student Services and Support |
Steve Olmos |
$300,000 |
|
Leftridge Transportation. Inc. |
Special Education bus transportation |
RFP |
Professional Services Agreement |
Student Services and Support |
Steve Olmos |
$1,800,000 |
|
Commercial Plumbing and Building Inc. |
Stonegate modular site preparation |
RFP |
Professional Services Agreement |
Student Services and Support |
Steve Olmos |
$658,850 |
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Gary Waddell, Ed.D., Assistant Superintendent, Equity & Educational Progress Division
Jennifer Del Bono, Director, Safe and Healthy Schools, Professional Learning and Instructional Support Division
Dan Mason, Manager, Assessment and Accountability, Equity & Educational Progress Division
Background
Chronic Absence is a new indicator on the California School Dashboard, which is a summary of school and district performance, providing a more complete picture of how schools and districts are meeting the needs of all students. In addition to Chronic Absence, the California School Dashboard reports on performance on academics, suspension rate, English learner progress, graduation rate, and college and career indicators. Chronic Absence data is an active indicator on the dashboard for the first time this year because the state did not release absenteeism numbers until 2017 and at least two years of data are required to determine whether schools are showing improvement.
The Chronic Absence indicator identifies the percentage of students who are absent 10% or more of the instructional days in which they are enrolled. Attendance has been positively correlated with increased school performance. Chronic absence has been identified as a variable contributing to rising achievement gaps. There has been a paradigm shift in addressing attendance from focusing on deficits associated with truancy to providing supports to students and families to encourage good attendance.
This report will overview the countywide and state data on chronic absence as well as highlighting key paradigm shifts in addressing attendance and shining a spotlight on Santa Clara County to support student attendance.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On January 16, 2019 the Policy Subcommittee met and approved the revisions for the following policies:
BP 0420 School Plans/Site Councils
Policy updated to reflect NEW LAW (AB 716) which renames the single plan for student achievement as the school plan for student achievement (SPSA), authorizes the use of uniform complaint procedures for complaints alleging noncompliance with requirements related to the establishment of school site councils or the development of the SPSA, and authorizes the use of the SPSA to satisfy the requirement for a school improvement plan when a school is identified for targeted or comprehensive support.
BP Local Control and Accountability Plan
Policy updated to reflect NEW LAW (AB 2878) which expands the state priority on parent involvement that must be addressed in the local control and accountability plan (LCAP) to include family engagement. Policy also reflects NEW LAW (AB 1808) which requires consultation on plan development with special education local plan administrator(s) and, by July 1, 2019, requires development of a local control funding formula budget overview for parents/guardians in conjunction with the LCAP. Policy reflects NEW LAW (AB 1840) which requires the State Board of Education to expand the LCAP template by January 31, 2020 to include specified information. Section on "Technical Assistance/Intervention" updated to reflect AB 1808 which establishes a single statewide system of support for districts and schools, and AB 1840 which provides that a district receiving an emergency apportionment will be deemed to have been referred to the California Collaborative for Educational Excellence.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
Education Code 1302(a) requires any salary increase of $10,000 or more to be discussed by the County Board of Education at a regularly scheduled meeting. Recent promotions will result in excess of the $10,000 limit for (2) employees.
Fiscal Implications
The following chart outlines the employee name, prior and new position title, the reason for the salary increase, prior and new annual salary, and the overall salary increase.
| # | Last Name | First Name | Prior Position Title | New Position Title | Reason(see Legend) |
Prior Annual Salary |
New Annual Salary |
Salary Increase |
| 1 | Eastman | Kyanne | Risk Management Specialist | Manager-Risk and Liability | C | $ 84,212.28 | $112,728.12 | $28,515.84 |
| 2 | Munshi | Anisha | Director-Human Resources | Assistant Superintendent-Personnel Services | C | $174,887.44 | $210,000.00 | $35,122.56 |
LEGEND:
A: Interim
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 reclassifiction
Student Impact
Human Resources ensure our students receive quality instruction through the selection, assignment and support of qualified leaders, teachers and staff.
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.
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 will be a Board Retreat Meeting on February 9, 2019 and the next Regular Board Meeting is scheduled for February 20, 2019.