The Board shall set the agenda by establishing it as posted. Changes to the posted agenda may only occur as permitted by Education and Government Code including the Brown Act or as described in Board Bylaws. Permitted revisions to the posted agenda include the movement of items from consent to action or reordering the sequence of agenda items.
At this time, members of the public may address the Board on any issue within the subject matter jurisdiction of the Board that is not listed on this agenda. Members of the public may also address the Board on an agenda item before or during the Board's consideration of the item. No action can be taken on an item not on the agenda at this time but may be referred to the administration or put on a future agenda. Individual remarks will be limited to 1 minute unless otherwise stipulated.
A timing/lighting system will be activated at the beginning of each individual's presentation. A green light will indicate the beginning of the time period; a yellow light will appear when 30 seconds remain; a red light will appear and a buzzer will sound when the time has lapsed. Time limits will be strictly enforced by the Board President to ensure equal opportunity and treatment of all speakers.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The County Board will hold a hearing and take action on an interdistrict attendance appeal filed on behalf of a student; Resident District: Alum Rock Union School District, Desired District: Campbell Union School District.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The County Board will hold a hearing and take action on an interdistrict attendance appeal filed on behalf of a student, Resident District: Santa Clara Unified School District, Desired District: Mountain View-Los Altos High School District.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The County Board will hold a hearing and take action on an interdistrict attendance appeal filed on behalf of a student, Resident District: East Side Union High School District, Desired District: San Jose Unified School District.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The County Board will hold a hearing and take action on an interdistrict attendance appeal filed on behalf of a student, Resident District: Union School District, Desired District: Los Gatos Union School District.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The County Board will hold a hearing and take action on an interdistrict attendance appeal filed on behalf of a student, Resident District: Campbell Union School District, Desired District: Saratoga Union School District.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The County Board will hold a hearing and take action on an interdistrict attendance appeal filed on behalf of a student, Resident District: San Jose Unified School District, Desired District: Palo Alto Unified School District.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The County Board will hold a hearing and take action on an interdistrict attendance appeal filed on behalf of a student, Resident District: Hollister Unified School District, Desired District: Evergreen School District.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
The Board will hold a Closed Session to discuss the following item:
Government Code section 54957 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: (County Superintendent of Schools)
Report of Actions Taken in Closed Session
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Michelle Johnson, Ed.D., Interim Director Charter Schools Department
Background
On July 23, 2019, the Charter Schools Department of the Santa Clara County Office of Education (SCCOE) received a charter petition renewal request from Voices College Bound Language Academy at Mount Pleasant (Voices Mount Pleasant, Voices MP, or VMP). Voices Mount Pleasant is seeking approval to renew a district appeal public charter, which is currently serving students in grades TK-5 for a continuing charter term of five years beginning in July 2022 to continue to grow to serve students TK-8th. Voices Mount Pleasant was initially approved on appeal from Mount Pleasant Elementary School District as a grade TK-8 charter school in February 2015 for a five-year term. Current enrollment is approximately 310 students (grades TK-5) with capacity at 504 students (grades TK-8).
California Education Code Section 47605 requires that “no later than 30 days after receiving a petition” the County Board of Education “shall hold a public hearing on the provisions of the charter, at which time the County Board of Education shall consider the level of support for the renewal petition by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities.”
The Education Code further stipulates that the County Board of Education “shall either grant or deny the charter within 60 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension.” This item will be placed on the September 18, 2019, board agenda for decision on the renewal.
The complete petition is attached to this agenda and is also available for review at: https://www.sccoe.org/supoffice/charter-schools-office/Pending/Voices%20College-Bound%20Language%20Academies%20at%20Mount%20Pleasant%20%20renewal%20petition.pdf
Student Impact
The Charter School office provides oversight and monitoring for 21 County Board of Education authorized charter schools. Voices Mount Pleasant currently serves 310 students.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Requested Action
Approve minutes of Regular Board Meeting of July 7, 2019 (#2246)
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Gary Waddell, Ed. D., Assistant Superintendent Equity and Educational Progress
Background
Santa Clara County was recently shocked by the senseless shooting that resulted in the tragic loss of three people, including two local students and the injury of 13 more.
Gun violence is gun one of the major causes of death in children and adolescents, accounting for 26-percent of all child and adolescent deaths in the United States.
As a students first organization, both the Santa Clara County Office of Education and the Santa Clara County Board of Education advocate for the safety and well-being for all children, including approving a 2018 resolution to declare support for sensible gun safety legislation.
The Santa Clara County Office of Education and the Santa Clara County Board of Education put children first and advocate for gun safety reform to protect all students.
Student Impact
Students must feel safe at school in order to learn and reach their highest potential. We need gun safety measures and mental health supports to halt the increase in gun violence and create safer campuses.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Michelle Johnson, Ed.D., Interim Director, Charter Schools Department
Background
This is the second petition from the Eureka! Inclusive Charter School (EICS) that has been submitted to the Santa Clara County Board of Education (SCCBOE) on appeal from SJUSD. EICS first submitted its petition to San Jose Unified School District (SJUSD) on December 7, 2017, to serve TK-8th grade students for a term of five years, beginning July 1, 2018, and ending June 30, 2023. On February 8, 2018, SJUSD unanimously (4-0) denied the EICS petition, finding that the petition failed to contain a reasonably comprehensive educational program, the petitioners are demonstrably unlikely to successfully implement the program, and the petition does not contain an adequate description of the required elements. On March 7, 2018, EICS submitted its appeal petition to the Santa Clara County Office of Education (SCCOE). On May 2, 2018, SCCBOE voted 5-2 to deny the appeal, finding that the petition fails to contain a reasonably comprehensive education program, the petitioners are demonstrably unlikely to successfully implement the petition, and the petition does not contain an adequate description of the required elements.
Thereafter, EICS submitted its petition to SJUSD a second time. On June 27, 2019, SJUSD’s governing board voted (3-2), to deny EICS’s request to operate a charter school for grades TK-6th based on its findings that the petition fails to contain a reasonably comprehensive description of the proposed educational program; the petitioners are demonstrably unlikely to successfully implement their program; and the petition does not contain reasonably comprehensive descriptions of the required elements of a charter petition.
On July 5, 2019, the Charter Schools Department of SCCOE received a Petition for EICS. In accordance with Education Code Section 47605(j)(1), the Petition was submitted to the SCCOE on appeal from SJUSD’s denial. EICS proposes to open in July 2020; be located within the jurisdictional boundaries of SJUSD; and to be a TK-6th grade charter school serving 186 students in TK-6th grade during year one (1), and growing to 320 students at capacity.
On July 17, 2019, the SCCBOE held a public hearing on EICS. On July 18, 2019, SCCOE Charter Staff met with EICS’s founding team and conducted a capacity interview.
California Education Code Section 47605(b) requires that “no later than 30 days after receiving a petition” the County Board of Education shall hold a public hearing on the provisions of the charter petition at which time it is to consider the level of support from the public. The Education Code further directs that the County Board of Education “shall either grant or deny the charter within 60 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension.”
SCCOE and EICS reviewed the standard SCCOE Memorandum of Understanding (MOU), which was signed by Petitioner on July 31, 2019, and governs the respective fiscal, operational, and administrative responsibilities, legal relationships, and other matters not otherwise addressed or resolved by the terms of the Charter, pending any further direction or recommendations by the SCCBOE. If the SCCBOE acts to approve the EICS Petition, it will be necessary for the parties to develop and finalize an addendum to the MOU to further remediate the deficiencies and factual findings set forth more fully in the SCCBOE’s adopted resolution and the Staff Analysis and Proposed Findings of Fact dated August 7, 2019, (hereafter collectively “Staff Report, Analysis & Findings,”) incorporated therein by reference.
The complete petition is available for review at: https://www.sccoe.org/supoffice/charter-schools-office/Pending/Eureka!%20Charter%20School%20Petition.pdf
CRITERIA FOR APPROVAL OF A CHARTER PETITION
Education Code § 47605 (b) makes clear that governing boards are to be aware “of the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that establishment of charter schools should be encouraged. The [County Board of Education] shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice. The [County Board of Education] shall not deny a petition for the establishment of a charter school unless it makes written factual findings to support one or more of the following findings”:
REVIEW OF THE PETITION
Staff reviewed the Petition using the criteria established in California Education Code 47605(b) and SCCBOE Policy 0420.4 (c), and its proposed findings – as fully set forth in SCCBOE’s adopted resolution and the incorporated Staff Report, Analysis & Findings – include as follows:
1. Unsound Educational Program
Staff found several indicators of an unsound educational program, including but not limited to: lack of description in the Petition of how educational programs will be implemented; and lack of an instructional framework that is aligned with the needs of EICS's target student population including low-achieving students, students with disabilities, and English Learners.
2. Demonstrably Unlikely to Successfully Implement the Program
Staff found several indicators that demonstrate that the Petitioners are demonstrably unlikely to successfully implement the program, including but not limited to: an unrealistic operational plan for professional development; an unrealistic financial plan, with incomplete fiscal projections (revenues and expenditures) for at least the first two years of operation; and inaccurate calculation of instructional minutes.
3. Required signatures: The signature requirement set forth in Education Code Section 47605 (b)(3).
Staff found that the Petition contains the required signatures.
4. Affirmation of each of the conditions required by statute 47605(b)(4)
Staff found that the Petition contains the required affirmations.
5. Reasonably comprehensive description of the required elements
The Petition does not contain a reasonably comprehensive description of all the required elements, including, but not limited to, the educational program, measurable student outcomes, methods by which pupil progress in meeting outcomes will be measured, employee qualifications, racial and ethnic balance of the school, and employee retirement systems.
Educational Program: Similar to SCCOE’s proposed finding that EICS does not propose a sound educational program, the Petition lacks an instructional framework that is aligned with the needs of EICS's target student population including low-performing students, students with disabilities, and English Learners.
Measurable Student Outcomes and Method by Which Pupil Progress in Meeting Outcomes will be Measured: Methods of assessment are not explicitly tied to the core components of the educational program and the Petition lacks an explanation of how all the programs are integrated together, or how students outcomes will be objectively measured to determine whether they are making educational progress.
Employee Qualifications: The EICS budget lacks correlation between anticipated expenditures for special education staff, and the revenue necessary to cover those staffing costs. The Petition also lacks a description of the qualifications for EICS's Speech Language Pathology (SLP) extern positions which appear to be key to the educational program.
Ethnic and Racial Balance: The Petition fails to address how it will recruit African-American students who represent nearly three percent of SJUSD’s population) so as to achieve a racial and ethnic balance reflective of the general population residing within SJUSD boundaries.
Employee Retirement System: The Petition indicates that benefits, such as retirement, will only be provided to employees working 30+ hours per week. The Petition inaccurately provides the EICS governing board with unilateral authority to change its retirement plans absent the material revision process to obtain SCCBOE approval.
6. Exclusive Public School Employer
Staff found that the Petition contained the required affirmation.
7. Grade Level, Location, Students Served
The Petition fails to include any contingency plan or reserve budget for use in the event that Proposition 39 facilities are not available, or in the event that existing facilities need to be retrofitted to accommodate student enrollment and meet the needs of the fully inclusive program.
8. Other Criteria in Statute
Staff found that the Petition's budget raised serious fiscal concerns regarding anticipated revenues and expenditures. For example, the projected revenues inaccurately include $400,000 which is not available to EICS – including an extra $100,000 above the maximum PCSGP grant award available in the 2019-20 school year according to information published by the State; and $300,000 for the Walton grant which was recently denied to EICS. Staff also found that EICS’s proposal to be a school of SCCOE for special education purposes, while retaining autonomy for implementation of special education services, may increase and potentially create a substantial liability risk for SCCOE as EICS’s authorizer. Also, EICS requests a 6-year term (1 planning year and 5 years with students), whereas the Charter School’s Act (CSA) only allows for an initial 5-year term.
REQUESTED ACTION
Staff reviewed the Petition utilizing the criteria for approval set forth in Education Code Section 47605. Based upon its comprehensive review and analysis of the Petition, Staff finds that the Charter School presents an unsound educational program for the pupils to be enrolled in the Charter School, the Petitioners are demonstrably unlikely to successfully implement the program, and the Petition does not contain reasonably comprehensive descriptions of all the required elements of a charter petition, including, but not limited to, the Educational Program, Racial and Ethnic Balance of the School, Employee Qualifications, and Employee Retirement System. Accordingly, Staff recommends that the Board take action to deny this Petition by adoption of the proposed Resolution incorporating by reference the factual findings set forth in the Staff Report, Analysis & Findings dated August 7, 2019.
Student Impact
The Charter School Department provides oversight and monitoring for 21 County Board of Education authorized charter schools. Eureka! Inclusive Charter School proposes to serve 320 students.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
James Novak, Ed.D., Chief Business Officer, Business, Facilities & Operations Division
Stephanie Gomez, Director, Internal Business Services
Background
This report reflects budget revisions for the month of July 2019. If an expenditure budget is increased, it is supported by an increase in revenue, use of carryover funds, or fund balance. If an expenditure budget is decreased, it may be due to a decrease in estimated revenue, or an increase to fund balance.
During the month of July 2019, we increased expenditure budgets by $469,895, increased revenue by $195,740 and decreased fund balance by $274,155.
Requested Action
Approve the Budget Revisions for the Month of July 2019.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
Pursuant to Government Code section 54953, subdivision (c) (3) and pursuant to the terms of the employment agreement, Dr. Mary Ann Dewan, County Superintendent of Schools, is eligible for pay increase effective July 1, 2019. The new base salary is $347,784.00 with additional salary of $5,000.00. In addition, the Superintendent will continue to receive the following fringe benefits: health, welfare, retirement, and other benefits as are provided to certificated/ management employees, membership dues for professional organizations, and reimbursement of job related expenses.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
Trustee Grace Mah has requested to attend the 2019 Children's Funding Institute on September 5 and 6, 2019, in Denver, CO. The workshop will provide training and coaching opportunity for communities pursuing local ballot measures to dedicate funding to children and youth in 2020 or 2022.
Below is a chart depicting the approximate cost of attending the workshop.
| Two nights at the Arts Hotel in Denver, CO (includes hotel tax) | $400 |
| Roundtrip airfare on Southwest | $250 |
| Taxi Fare | $140 |
| Dinner (two days) | $ 70 |
| Total | $860 |
The Children's Funding Institute is not on the Board's pre-approval travel item list, and therefore, in accordance with BB 9250, a request for registration and for travel expenses reimbursement is being brought to the Board for approval. Attached is the Annual Addendum to BB 9250 for the Board's review along with a flyer on the 2019 Children's Funding Institute 2-day training.
Fiscal Implications
Cost is factored into the Board's yearly travel budget.
Student Impact
The training and coaching of the 2019 Children's Funding Institute align with the Santa Clara County Office of Education's Goal #2 -- "Provide quality support to districts, schools, students, and communities."
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Michelle Johnson, Ed.D., Interim Director, Charter Schools
Background
A Charter Schools Update is provided as a standing agenda item at each regular Board Meeting. This update will include, but is not limited to, the following topics:
Summit Public Schools
An update will be provided on the public comment provided by Summit Denali staff at the July 17, 2019, board meeting.
Gilroy Garlic Festival Tragedy
An update will be provided on the tragedy that befell two Santa Clara County charter school students.
Student Impact
The Charter Schools Department provides monitoring and oversight for 21 County Board of Education authorized charter schools serving approximately 10,000 students.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On July 17, 2019 the Policy Subcommittee met and approved the revisions to the following Board bylaw:
BB 9222 Resignation
Bylaw updated to include specific language and education code citation for the effective date of resignation of a county board member and the need for the board to fill the vacancy by ordering an election or by making a provisional appointment. Additional language added regarding notifying board president and County Superintendent of intended resignation.
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 2018-19 (PIR)-June 2019
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 -June 2019
Provides the status of program budget and financial oversight
In-Kind Contribution Required -June 2019
Indicates the progress of required matching contribution required by grant ($6,676,866) Administration Cost Limitation -June 2019 Limits the amounts of funds charged as development and administrative costs to 15%
Purchase Card Summary -June 2019
Serves as an oversight check of program expenses
California Child Food Program Summary Reports (USDA) -June 2019
Serves as an oversight check of program expense
Enrollment Report -June 2019
Summarizes the year to date enrollment activity in the Head Start Program to comply with enrollment requirements
Student Impact
The Head Start/Early Head Start Program is federally funded to serve 1,946 children, ages 0-5, from very low-income families to promote their school readiness by enhancing their cognitive, social, and emotional development. These services are provided in Santa Clara and San Benito Counties.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Anisha Munshi, Ed.D., Assistant Superintendent, Personnel Services
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 two 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 | Parks | Terri | Credential Services Specialist II | Manager - Credential Services | C | $76,576.20 | $102,247.32 | $25,671.12 |
| 2 | Raceles | Maripaz "Pat" | Special Education Financial Analyst | Budget Analyst | C | $112,728.12 | $124,282.56 | $11,554.44 |
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 reclassification
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
James Novak, Ed.D., Chief Business Officer, Business, Facilities & Operations Division
Stephanie Gomez, Director, Internal Business Services
Background
Per Board Policy BP 3312 (a), contracts from $250,000 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 April 1, 2019 – June 30, 2019.
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 |
DIVISION |
ASSISTANT SUPERINTENDENT |
CONTRACT AMOUNT |
|
STAR of California dba: STAR of CA, ERA ED |
Contracted Behavior Services for Bullis Charter School |
Best Source Justification |
Professional Services Agreement (Amendment) |
Student Services and Support |
Dr. Steve Olmos |
$525,000 |
|
Achieve Kids |
SELPA Funded Non-Public School for Special Education Students |
Individual Education Plan (IEP) |
Professional Services Agreement (Amendment) |
Student Services and Support |
Dr. Steve Olmos |
$1,125,000 |
|
Soliant Health |
Contracted Special Education Deaf/Hard of Hearing and Vision Impaired Teachers & Occupational Therapist |
Best Source Justification |
Professional Services Agreement (Amendment) |
Student Services and Support |
Dr. Steve Olmos |
$650,000 |
|
EdTheory, LLC |
Contracted Special Education Speech Language Therapist |
Best Source Justification |
Professional Services Agreement |
Student Services and Support |
Dr. Steve Olmos |
$250,000 |
|
Morgan Autism Center |
SELPA Funded Non-Public School student services |
Individual Education Plan (IEP) |
Professional Services Agreement |
Student Services and Support |
Dr. Steve Olmos |
$800,000 |
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.
Permanent Standing Committees of the Board
Joint, Partner and Membership Committees and Activities
Liaison Committees, Workgroups, and Community Activities
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.
Note: Periodic updates will be provided to the Board and Community with regard to Census 2020 as a component of the SCCOE's outreach plan.
At the February Special Meeting of the Board, the board identified priorities. The top three Board Priority Topic Areas (BPT) are listed below.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The Santa Clara County Board of Education will adjourn their August 7, 2019 meeting in memory of those who lost their lives as a resulf ot the tragic incident during the July 28, 2019 Gilroy Garlic Festival. A moment of silence will be observed.
Three individuals lost their lives and 13 others were injured during the incident. Two of the lives lost were students in our local community.
The next Santa Clara County Board of Education regular meeting is scheduled for September 4, 2019.