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

The Board will hold a Closed Session to hear the following item:

CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION

Significant Exposure to Litigation pursuant to Government Code section 54956.9 (d) (2) (e) (1).  There is significant exposure to litigation against the local agency.  1 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--ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9:  1 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--ANTICIPATED LITIGATION

Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:  1 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 -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraphs (d)(2) of Government Code Section 54956.9:  2 Cases

Report of Actions Taken in Closed Session

Administrator

Mary Ann Dewan, Ph.D., County Superintendent of Schools

Michelle Johnson, Ed.D., Director Charter Schools Department

Background

On November 12, 2019, the Charter Schools Department of the Santa Clara County Office of Education (SCCOE) received a new charter petition renewal request from Alpha: Cornerstone Academy Preparatory School (CAPS). CAPS is seeking approval to renew a district appeal public charter, which is currently serving 540 students in grades TK-8 for a continuing charter term of five years beginning on July 1, 2020 through June 30, 2025. CAPS was initially approved by Franklin-McKinley School District (FMSD) as a K-8th grade charter school in February 2009 for a five-year term. They were renewed by FMSD in 2015 and granted a material revision to change its governance structure to join Alpha Public Schools. On October 22, 2019, FMSD voted 3-2 to deny CAPS’s renewal petition request and CAPS is appealing this decision to the Santa Clara County Board of Education (SCCBOE) for renewal and to have the SCCBOE become its new authorizer.

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.” CAPS has agreed in writing to extend this timeline so that the decision hearing may be held on January 15, 2019.

The complete petition is attached to this agenda and is also available for review at:

https://www.sccoe.org/supoffice/charter-schools-office/Pages/default.aspx

Student Impact

The Charter School office provides oversight and monitoring for 21 County Board of Education authorized charter schools. Alpha: Cornerstone Academy Preparatory School currently serves 540 students.

Administrator

Mary Ann Dewan, Ph.D., County Superintendent of Schools

Requested Action

Approve minutes of Regular Board Meeting of November 6, 2019 (#2252).

Administrator

Mary Ann Dewan, Ph.D., County Superintendent of Schools

Gary Waddell, Ed.D., Assistant Superintendent Equity and Educational Progress

Background

National Special Education Day marks the anniversary of the nation's first federal special education law, the Individuals with Disabilities Act (IDEA), which was signed by President Gerald Ford on December 2, 1975.

Student Impact

This recognition celebrates and commemorates the valuable contributions Santa Clara County students and other individuals with disabilities make to our schools and communities and honors the important work of our special education teachers and support staff.

Background

The charter for Rocketship Mateo Sheedy Charter School (Mateo Sheedy or RMS) expires on June 30, 2020. This charter was initially denied by the San Jose Unified School District (SJUSD) and was approved on appeal to the Santa Clara County Board of Education (SCCBOE) on October 18, 2006. Mateo Sheedy has been in existence for 13 years with approved renewals in 2010 and 2015. A material revision was also approved in 2013 regarding governance of all Rocketship charters. RMS currently serves approximately 440 students TK-5 and is seeking an additional five-year term. RMS is located in San Jose Unified School District (SJUSD).

On September 24, 2019, the Charter Schools Department of the Santa Clara County Office of Education (SCCOE) received a petition from Rocketship Mateo Sheedy 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 was to be renewed by the County Board, the new term of the charter would begin on July 1, 2020, and end on June 30, 2025.

On October 16, 2019, the County Board held a public hearing on the charter school’s petition for renewal. On October 28, 2019, SCCOE staff conducted a site visit and held renewal interviews with RMS parents, staff, students, board members and Rocketship network/charter management organization (CMO) leadership.

California Education Code Sections 47605 and 47607, and section 11966.4 of the California Code of Regulations, Title 5 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 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.”

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.” 

As per Board Policy 0420.4, RMS, RPS 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 petitioner on November 15, 2019.

The complete renewal petition is attached to the agenda and is also available for review at: https://www.sccoe.org/supoffice/charter-schools-office/Pending/RS%20Mateo%20Sheedy%20Renewal%20Petition%202020-25.pdf

CRITERIA FOR RENEWAL OF A CHARTER PETITION

A petition submitted for renewal per Education Code § 47607 shall be considered by the governing board upon receipt with all the following requirements (California Code of Regulations, Title 5, §11966.4)

1. Determination of Pupil Academic Performance.
2. A Copy of the renewal Charter Petition
3. Increases in pupil academic achievement for all groups of pupils served by the charter school
4. Past performance of the school’s academics, finances, and operation in evaluating the likelihood of future success, along with future plans for improvement if any.

STANDARDS FOR DENIAL OF A CHARTER PETITION RENEWAL

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”:

1. The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
2. The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
3. The petition does not contain an affirmation of each of the conditions required by statute.
4. The petition does not contain reasonably comprehensive descriptions of the required elements.
5. The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for the purposes of the Educational Employees Relations Act (EERA).

REVIEW OF THE PETITION

Staff reviewed the Petition using the criteria established in California Education Code 47605 (b), 47607, and County Board Policy 0420.4 (c) and found:

1.  Determination of Academic Performance

Staff reviewed Mateo Sheedy’s academic performance on the California Assessment of Student Performance (CAASPP) and the data reflects academic achievement across significant student subgroups.

RMS CAASPP Data from 2017-18 to 2018-19

While Mateo Sheedy students perform at or above the schools or districts they otherwise would have attended (See table below), there are still slight declines in performance for a numerically significant student group – students with disabilities - in both ELA and math (See table above).

RMS 2019 SBAC Results with Comparison District and Schools (percentage at or above standard on CAASPP)

As part of an addendum to the new MOU, SCCOE recommends that RMS include in its Local Control Accountability Plan (LCAP) how it will address the declines in academic performance for students with disabilities and provide SCCOE a clear explanation as to the decline, including how the decline will be addressed. RMS’s achievement data is adequate to show increases in pupil academic achievement for all groups of pupils schoolwide and among numerically significant pupil subgroups to meet the minimum performance requirements of Education Code Section 47607(b)(1)-(3) and to support renewal when considering increases in pupil academic achievement for all groups of pupils as the most important factor.

2. Review of the Charter Petition

a. Unsound Educational Program

Staff concluded that RMS 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 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 Rocketship Education doing business as Rocketship Public Schools network charter management organization (RPS or CMO) 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

The Governor has signed into law AB 1505 which enacts broad changes to the Charter Schools Act and go into effect contemporaneously with the commencement of the renewal term sought by RMS. As such, RMS will need to comply with the changes to the law.

3. Increases in pupil academic achievement for all groups of pupils served by the Charter School

Staff reviewed RMS’s academic data and determined that while RMS students perform at or above the schools or districts they otherwise would have attended, there are still slight declines in performance for a numerically significant subgroups in both ELA and math – students with disabilities. As part of an addendum to the new MOU, SCCOE recommends that RMS 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 explanation as to the decline and how it will be addressed. 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

RMS exhibits a healthy financial position. The Charter currently has 14.5% in cash reserves. RMS, the CMO and the Board of Directors have shown strong fiscal oversight. RMS’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 audit findings for internal control processes. However, the audit findings were not due to RMS or impacted RMS. Since then, RPS has reviewed and improved its current internal control procedures. RPS has also employed external consultants since May 2018 to improve, clarify and improve all accounting processes and controls. Currently, 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 to approve the Renewal Petition as reviewed in the Staff Analysis and Proposed Findings of Fact, adopt the Board Resolution for approval of renewal of Rocketship Mateo Sheedy Charter School, for the period of July 1, 2020, through June 30, 2025.

Student Impact

The Charter School office provides oversight and monitoring for 21 County Board of Education authorized charter schools. Rocketship Mateo Sheedy was authorized in 2006 and currently serves approximately 440 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 October 2019. 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 2019, expenditure budgets were increased by $53,278,964, increased revenue by $41,699,337 decreased carryover by $12,322,049 and increased fund balance by $742,422.

Requested Action

Approve the Budget Revisions for the Month of October 2019.

Background

Each year, member boards elect and/or appoint representatives from 21 geographic regions to the California School Boards Association's (CSBA) Delegate Assembly.  The region 20 county Delegate Assembly and California County Boards of Education (CCBE) Board of Directors position is currently held by Trustee Rosemary Kamei whose term will end March 31, 2020.  Since there is only one county office in region 20, the Santa Clara County Board of Education (SCCBOE) must vote to either re-appoint Trustee Kamei or appoint another Trustee from the SCCBOE to serve on the CSBA's Delegate Assembly and CCBE's Board of Directors for a two-year term beginning April 1, 2020 through March 31, 2022. 

The Delegate Assembly is a vital link in the association's governance and sets the general policy direction for the association.  Working with local districts, county offices, the Board of Directors, and Executive Committee Delegates ensure that the association promotes the interests of school districts and county offices of education throughout the state.  There are two required Delegate Assembly meetings each year.  In 2020, the first meeting will be May 16-17 in Sacramento and the second one will be December 2-3 in Anaheim.  

Required Action

Re-appoint Trustee Kamei, or appoint another Trustee of the County Board of Education to serve as the representative to the CSBA Delegate Assembly and the CCBE Board of Directors.

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:

Eureka! Inclusive Charter School

An update will be provided on Eureka! Inclusive Charter School.

Summit Public Schools

An update will be provided on the status of the community complaint regarding Summit Denali which was presented during the July 17, 2019, SCCBOE meeting.

2018-19 Data Book

The Charter Schools staff has worked with the SCCBOE's approved charter schools in the collection, preparation and presentation of the Charter School Annual Report.  In response to the SCCBOE recommendations, the data book is now available in Spanish on the Charter School Department website.

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 November 6, 2019 the Policy Subcommittee met and approved new Board Bylaw and Exhibit 9006.

BB/Exhibit 9006 Code of Conduct for Santa Clara County Board of Education

New bylaw establishing a code of conduct for the Santa Clara County Board of Education and a new exhibit that acknowledges commitment to the Code of Conduct.

Administrator

Mary Ann Dewan, Ph.D., County Superintendent of Schools

Background

On November 6, 2019 the Policy Subcommittee met and approved the revisions to BP 5144.3.

BP 5144.3 Student Expulsion Appeals

Policy updated to include closed session process when appeal is being heard by the County Board.

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 3 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.

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

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) –September 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 –September 2019

  Provides the status of program budget and financial oversight
   

• In-Kind Contribution Required –September 2019
  Indicates the progress of required matching contribution required by grant ($6,676,866)
   

• Administration Cost Limitation –September 2019

  Limits the amounts of funds charged as development and administrative costs to 15%
   

• Purchase Card Summary –September 2019

  Serves as an oversight check of program expenses
   

• California Child Food Program Summary Reports (USDA) – August 2019
  Serves as an oversight check of program expense
  *September 2019 will be reported the following month once the invoice is received)
   

• Enrollment Report –September 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

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 July 1, 2019 – September 30, 2019.

Per AR 3310, there are several award processes. It is noted in the table below whether the contract was awarded through:

• Bid: A competitive process in which a public entity publishes bid specifications and bidders submit proposals. In the competitive bid process a contract must be awarded to the lowest bidder.
• Request for Proposal (RFP): A public entity asks vendors to submit their own proposals as long as they meet certain general requirements. The contract award is based on expertise and established evaluation criteria in the RFP.
• Request for Quote (RFQ): Informal process under the bid threshold where a public entity asks vendors to submit their own proposals as long as they meet certain scope of work requirements. The contract award is based on price, expertise and overall proposal evaluation.
• Best Source Justification: A public entity selects services from a contractor that is deemed to be a "best source” as demonstrated by specific expertise; experience in providing such services; and the quality, cost, timeliness, and availability of such services.
• Sole Source Justification: A public entity contracts for goods or services with a contractor that is the only source of those items.

Fiscal Implications

Administrator

Mary Ann Dewan, Ph.D., County Superintendent of Schools

Gary Waddell, Ed.D., Assistant Superintendent, Equity and Educational Progress Division

Background

Per Education Code §1240(F)(i), the County Superintendent submitted this annual report to the governing board of each school district, the County Board of Education, and the Santa Clara County Board of Supervisors reflecting the findings of the 42 schools in 10 school districts that were subject to instructional materials and facilities monitoring in the fall of 2019.

The report is attached.

Student Impact

Santa Clara County Office of Education's Williams visits ensure that Santa Clara County's students have access to textbooks and instructional materials, clean, safe and functional school facilities, and appropriately certificated and assigned teachers.

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

• Policy Subcommittee:  Jan 15, 2020 (Vice President Song)
• Joint Legislative Advisory Committee (JLAC): Feb 19, 2020 (President Kamei)
• Budget Study Committee:  Dec 11, 2019 (County Superintendent of Schools)

Joint, Partner and Membership Committees and Activities

• Joint Committee on Child Care (JCCC):  Dec 18, 2019 (Trustees Di Salvo and Rossi)
• California School Boards Association (CSBA) Delegate:  Dec 4-5, 2019 (President Kamei)
• California County Boards of Education (CCBE) Board of Directors:  Dec 5, 2019 (President Kamei)
• Santa Clara County School Boards Association (SCCSBA):  Jan 22, 20202 (Vice President Song)
• Head Start Policy Council:  Dec 14, 2019 (Trustee Mah)

Liaison Committees, Workgroups, and Community Activities

• Warmenhoven Inclusion Collaborative: Dec 6, 2019  (President Kamei)
• Strong Start Coalition: Dec 10, 2019 (Trustee King)
• Silicon Valley Reads:  TBD (Trustee Ortiz)

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. Teacher Housing, Winter 2019 (Trustee Mah)
2. Report on E-cigarettes and Vape -- specifically focused on data related to marijuana use by youth. (Trustee Di Salvo)
3. Summary of SCCOE Staffing (Trustee Di Salvo)
4. Follow Up for Walden West Summer Camp (Vice President Song)

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.

•      BPT1   Early Learning Programs and Advocacy -including Educare
•      BPT2   Vulnerable Youth including alternative education, homeless youth, foster youth, food insecure, impact of poverty and impacting the cycle of poverty with awareness of job ready skills
•      BPT3   Advocacy for full and fair funding for education  

The next Santa Clara County Board of Education regular meeting is scheduled for December 11, 2019.