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
Gary Waddell, Ed. D., Assistant Superintendent Equity and Educational Progress
Background
The Santa Clara County Board of Education (SCCBOE) recognizes ten employees each year for outstanding service to students, parents, coworkers, and customers. Mayra Ayala, an Administrative Assistant IV from District LCAP Advisory Services, is being honored as the Employee of the Month for outstanding skills and accomplishments on the job, dedication to exceptional service, and commitment to excellence.
At this time, members of the public may address the Board on any issue within the subject matter jurisdiction of the Board that is not listed on this agenda. Members of the public may also address the Board on an agenda item before or during the Board's consideration of the item. No action can be taken on an item not on the agenda at this time but may be referred to the administration or put on a future agenda. 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
Expulsion Appeal Filed on Behalf of Student - Resident District: San Jose Unified School District
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
The Board will hold a Closed Session to hear the following item:
CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 One potential case.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
The Board will hold a Closed Session to hear the following item:
CONFERENCE WITH LEGAL COUNSEL -- Significant exposure to litigation pursuant to paragraphs (d)(2) of Government Code Section 54956.9: 1 case
Report of Actions Taken in Closed Session
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Requested Action
Approve minutes of Regular Board Meeting of October 16, 2019 (#2251).
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Steve Olmos Ed.D., Assistant Superintendent, Student Services & Support Division
Background
A competitive grant opportunity has been offered by the Office of Head Start, Administration for Children and Families for Early Head Start-Head Start in Santa Clara County. The purpose of this grant is to expand access to high quality, comprehensive services for low-income infants, toddlers and their families.
This Competitive Grant requires Board of Education and Policy Council approval. Once approved by the Board, it will be submitted to the Head Start Regional Office.
Fiscal Implication
The Early Learning Services, Early Head Start program is requesting approximately $1,899,000 to serve up to 90 Early Head Start eligible children. These funds will be available on or about July 2020.
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
Background
On October 2, 2019 the Policy Subcommittee met and approved the revisions to Board Policy 0420.4. This Board Policy was presented to the Board on October 16, 2019 for first reading.
BP 0420.4 Charter Schools
Policy revised to update language and include new information to align with education trailer bill. Specific updates include new language on criteria for denial, charter Board meeting requirements, academic performance criteria for charter renewal, standard conditions for authorization, oversight, new language on for-profit corporations and educational management organizations, and MOU addendums.
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: | Educational Services, Professional Learning & Instructional Support Division |
Donor: | Maxine Amundson |
Donation: |
$3,000 |
Program: | Opportunity Youth Academy, Student Services & Support Division |
Donor: | CVS Health |
Donation: | $1,500 |
Program: | Environmental Education Program, Student Services & Support Division |
Donor: | Walden West Foundation |
Donation: | $5,000 |
Program: | Environmental Education Program, Student Services & Support Division |
Donor: | Walden West Foundation |
Donation: | $25,000 |
Fiscal Implications
The above donations will be accepted for the Educational Services, Opportunity Youth Academy, and Environmental Education Program.
Student Impact
The above donations will provide support to students by providing textbooks for teachers, support for the post-secondary scholarship program, and scholarships for students attending the Walden West program.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Michelle Johnson, Ed.D., Director Charter Schools
Background
The charter for University Preparatory Academy (University Prep or UPA) expires on June 30, 2020. This charter was initially denied by the San Jose Unified School District (SJUSD) and instead of appealing to the Santa Clara County Board of Education (SCCBOE), was submitted to SCCBOE as a countywide benefit charter and approved by the SCCBOE on August 23, 2006, for a 3 year term. UPA has existed continuously for 13 years with approved renewals in 2010 and 2015. UPA currently serves approximately 700 7-12th grade students. UPA is seeking an additional five-year term.
On September 9, 2019, the Charter Schools Office of the Santa Clara County Office of Education (SCCOE) received a petition from University Prep seeking renewal of the charter. California Education Code Section 47607(a) (1) requires that “each renewal shall be for a period of five years.” If the charter is renewed by the County Board, the new term of the charter would begin on July 1, 2020, and end on June 30, 2025.
California Education Code Sections 47605.6 and 47607, and section 11966.5 of the California Code of Regulations, Title 5 require that “no later than 30 days after receiving a petition” the County Board of Education “shall hold a public hearing on the provisions of the renewal charter, at which time the county board of education shall consider the level of support for the petition by district teachers, other district employees, and parents or guardians.” On October 2, 2019, the County Board held a public hearing on the charter school’s petition for renewal. On October 7, 2019, SCCOE staff conducted a site visit and held renewal interviews with UPA parents, staff, students, board members, and leadership.
The Education Code further stipulates that the County Board of Education “shall either grant or deny the renewal charter within 60 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension.” However, there is no appeal of request for renewal of a countywide charter.
As per Board Policy 0420.4, UPA and SCCOE developed a "Memorandum of Understanding" (MOU) which addresses SCCOE’s best practices regarding the respective fiscal, operational, and administrative responsibilities and legal relationships. Any other matters not otherwise addressed or resolved by the terms of the Charter, deficiencies in the Charter, or any conditions which may be imposed by SCCBOE will need to be addressed in an addendum to the MOU after the SCCBOE has taken action. This MOU was signed by the UPA on September 26, 2019.
The complete renewal petition is attached to the agenda and is also available for review at:
RENEWAL CHARTER PETITION DOCUMENTATION
When requesting renewal of a charter previously approved by the County Board, the charter petitioner must submit a renewal charter petition that includes, but is not limited to, a reasonably comprehensive description of any new legal requirements enacted since the charter was last approved and documentation of pupil academic performance. (Ed. Code Section 47607 and California Code of Regulations, Title 5, Section 11966.5)
CRITERIA FOR APPROVAL OR DENIAL OF A CHARTER PETITION
Education Code Section 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 [renew] 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 renewal process does include additional specific standards and conditions.
A charter school is required to meet at least one of the minimum academic performance criteria set forth Education Code Section 47607(b) and 52052(f) before receiving a charter renewal.
The County Board is also required to consider increases in pupil academic achievement for all the charter school’s numerically significant pupil subgroups as “the most important factor” in deciding whether to renew its Charter. (Ed. Code Section 47607(a)(3)(A).)
When considering a petition for renewal, the Board shall consider the past performances of the school’s academics, finances, and operations in evaluating the likelihood of future success, along with future plans for improvement if any.
California Code of Regulations, Title 5, Section 11966.5(c)(2) specifies that the County Board of Education may deny a renewal petition only if 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 47605.6(b), 47607, California Code of Regulations, Title 5, Section 11966.5, and County Board Policy 0420.4 (c) and found:
1. Determination of Academic Performance
Staff reviewed UPA’s academic data and determined that while UPA students perform at or above the schools or districts they otherwise would have attended, there are still declines in performance for numerically significant student groups in both ELA and math. As part of an addendum to the new MOU, SCCOE recommends that UPA include in its Local Control Accountability Plan (LCAP) how it will address the declines in academic performance, or in the alternative, provide SCCOE a clear written explanation as to the decline and how it will be addressed. UPA's achievement data is adequate to show increases in pupil academic achievement for all groups of pupils schoolwide and among numerically significant pupil subgroups. Therefore, the criteria of “the authority that granted a charter is required to consider increases in pupil academic achievement for all numerically significant pupil subgroups as the most important factor in deciding whether to renew the Charter (Education Code Section 47607(a)(3))” has been fulfilled.
2. Review of the Charter Petition
a. Unsound Educational Program
Staff concluded that UPA does provide sufficient information in the Petition to substantiate all the required elements for a sound educational program.
b. Demonstrably Unlikely to Implement the Program
Staff found facts that demonstrate that the Petitioners are likely to successfully implement the program.
c. Affirmations of each of the conditions required by statute
Staff found that the Petition contains all the required affirmations.
d. Reasonably comprehensive description of the required elements
Staff found that the petition for renewal does contain a reasonably comprehensive description of all the required elements as modified by the MOU or will be addressed in an addendum to the MOU as set forth in the Staff Analysis and Proposed Findings of Fact and set forth in the Proposed Resolution.
e. Exclusive Employer
The petition contains a statement specifying that University Prep shall be the exclusive employer of employees of the charter school for purposes of the Educational Employment Relations Act.
f. Requirements for Grade-Levels Served, Facility Location, and Students Served
Staff found the renewal petition meets the requirements set forth in statute.
g. Other Criteria in Statute
On October 3, Governor Newsom signed into law AB 1505 which provides broad changes to the Charter Schools Act, and will go into effect contemporaneously with the commencement of the renewal term sought by UPA. As such, UPA will need to comply with the changes to the law. Staff recommends that UPA be required to include in the addendum to the MOU information, clarifications, and updates as necessary to make the renewal Charter consistent with the requirements of the law as revised.
3. Increases in pupil academic achievement for all groups of pupils served by the Charter School
Staff reviewed UPA’s academic data and determined that while UPA students perform at or above the schools or districts they otherwise would have attended, there are still declines in performance for numerically significant student groups in both ELA and math. As part of an addendum to the new MOU, SCCOE recommends that UPA include in its Local Control Accountability Plan (LCAP) how it will address the declines in academic performance, or in the alternative, provide SCCOE a clear written explanation as to the decline and how it will be addressed. UPA's achievement data is adequate to show increases in pupil academic achievement for all groups of pupils schoolwide and among numerically significant pupil subgroups. Therefore, the criteria of “the authority that granted a charter is required to consider increases in pupil academic achievement for all numerically significant pupil subgroups as the most important factor in deciding whether to renew the Charter (Education Code Section 47607(a)(3))” has been fulfilled.
4. Past performance of the school’s academics, finances, and operations in evaluating the likelihood of future success, along with future plans for improvement if any
UPA exhibits a healthy financial position. The Charter currently has 40% in cash reserves. UPA and the Board of Directors have shown strong fiscal oversight. UPA’s Independent Auditor’s Report and Consolidated Annual Financial Report for the Year Ended June 30, 2018, reports an Unmodified Opinion on the financial statements as a whole, as well as on State and Federal compliance with various laws and regulations. In addition, there were no identified deficiencies or material weaknesses noted regarding internal controls over financial statements and internal control over compliance for fiscal year 2017-18. All fiscal reports as required by law and the SCCOE have been received on a timely basis.
REQUESTED ACTION
It is the recommendation of the Charter Staff that the Charter be renewed with the addition of the requirement that UPA enter into an Addendum to the MOU to address Staff’s concerns, as reviewed in the Staff Analysis and Proposed Findings of Fact, adopt the Board Resolution approving renewal for the period of July 1, 2020, through June 30, 2025, with the addition of requirements pursuant to Education Code Section 47605.6(b).
Student Impact
The Charter School office provides oversight and monitoring for 22 County Board of Education authorized charter schools. University Preparatory Academy was authorized in 2006 and currently serves approximately 700 students.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Michelle Johnson, Ed.D., Director, Charter Schools
Background
A Charter Schools Update is provided as a standing agenda item at each regular Board Meeting, including but not limited to the following topics:
Charter School Credentials
As part of the oversight and monitoring of the SCCBOE approved charter schools, teacher credentials are reviewed annually. An update will be provided on the status of teacher credentials for the SCCBOE approved charter schools.
Upcoming Calendar Events
Staff will report on upcoming Board Public and Decision Hearings.
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
Background
County Offices of Education (COEs) are funded through the Local Control Funding Formula (LCFF). Each COE’s annual LCFF entitlement is determined by formula. A COE’s annual LCFF entitlement is funded first with local property tax revenue, with the remainder covered by state Proposition 98 General Fund.
Property Taxes.
All residential and commercial properties are taxed 1 percent of assessed value. That tax revenue remains within the county in which it was collected to be used exclusively by local governments. Property tax revenue from the 1 percent tax rate (excluding voter-approved debt, other taxes, etc.) is distributed by the county auditor to various local governments, including counties, cities, K- 12 schools (including county offices of education), community college districts, and special districts.
Some COEs Collect Property Tax Revenue in Excess of Their LCFF Entitlement.
Some COEs do not receive state LCFF funding because they collect enough property tax revenue in a given year to cover their entire LCFF target. In virtually all of these cases, the COEs collect more in property tax revenue than their LCFF entitlement. The state refers to this as a COE’s “excess property tax.” Because the amount of property tax revenue collected changes from year to year, a COE’s excess property tax status also can change from year to year.
2013-14 Trial Court Offset.
Since 2013-14, state law has required that any excess property tax revenue COEs collect beyond their LCFF entitlements be transferred to trial courts (Education Code Sections 2575 and 2578). This excess property tax revenue offsets state support for trial courts. The transfer occurs at the direction of the Department of Finance and the State Controller’s Office the year after the taxes are collected. For example, excess property taxes collected in 2015-16 offset the state’s General Fund support to trial courts in 2016-17.
FISCAL YEAR |
Property Tax Returned for Trial Court Offset |
2013-14 |
$12,295,907 |
2014-15 |
$12,873,350 |
2015-16 |
$17,459,375 |
2016-17 |
$22,140,554 |
2017-18 |
$25,225,094 |
2018-19 |
$30,723,648 |
2019-20* |
$30,286,536
|
School Districts vs. County Offices.
The law treats school districts and county offices of education differently when it comes to allowable uses of property tax above the LCFF entitlement. School districts keep the county property tax revenue above their LCFF entitlement, while the law limits the authority of county offices of education to spend those funds. Additionally, county offices of education are not permitted to raise funds through a local school bond or parcel tax.
The SCCBOE and the SCCOE have a mutual interest in requesting that the governor address this funding issue in his upcoming budget proposal. Each SCCBOE member is encouraged to sign on to the attached letter that will be sent to Governor Newsom along with letters from all other impacted COEs.
Student Impact
Addressing this funding issue will allow basic aid COEs to be funded in the same way as basic aid school districts and give spending authorization for these funds to support the core mission of the SCCOE to serve students and support quality programs for children and families.
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 shared with the County Board of Education at a regularly scheduled meeting. Recent promotions will result in excess of the $10,000 limit for 1 employee.
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 | Jayabal | Dharmatha | Data Warehouse Analyst, Senior | Manager-Data Systems | C | $112,991.04 | $124,282.56 | $11,291.52 |
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
Steve Olmos, Ed.D., Assistant Superintendent, Student Services & Support Division
Background
Complaints filed for SCCOE school sites under the Williams Settlement are limited to insufficient textbooks or instructional materials, unsafe or unhealthy facility conditions or teacher vacancies or mis-assignments.
Williams Complaint Procedures are posted in all classrooms to inform parents, students and teachers of the procedure for making such complaints.
No Williams complaints were received during the July through September 2019 reporting period.
Student Impact
The Williams Report documents complaints about textbooks & instructional materials, teacher assignments & their credentials, and the conditions of our facilities. No complaints were filed this quarter. Through the hard work of involved staff, students are receiving a quality education in these areas.
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 2019 Special Meeting of the Board, the board identified priorities. The top three Board Priority Topic Areas (BPT) are listed below.
The next Santa Clara County Board of Education regular meeting is scheduled for November 20, 2019.