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 of 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. Lisa Mello, a Paraeducator at Blackford School is being honored as the Employee of the Month for the month of April 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
Gary Waddell, Ed. D., Assistant Superintendent of Equity and Educational Progress
Background
As part of our commitment to support and promote student success through the Strategic Plan Initiative, the Santa Clara County Office of Education and Board of Education are proud to celebrate student academic achievement. The County Board of Education honors the top two competitors who will represent Santa Clara County at the state-level competition. Shradha Rachamreddy, a fourth-grade student from Challenger School – Strawberry Park and runner up Aaron Buenaventura, a fifth-grade student from Ben Painter Elementary in the Alum Rock School District.
SUBMIT PUBLIC COMMENT: https://tinyurl.com/public-comment-4120
Members of the public may submit public comments in writing on the link above on any issue within the subject matter jurisdiction of the Board that is not listed on this agenda. Submitted comments may be read into the record to the extent practicable based upon factors such as the length of the agenda and available time. Comments received within the window of the board meeting whether read or not, will be shared with the board and noted in the minutes.
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.
Permanent Standing Committees of the Board
Joint, Partner and Membership Committees and Activities
Liaison Committees, Workgroups, and Community Activities
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: Salinas Union High School District, Desired District: Morgan Hill Unified School District.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The Board will hold a Closed Session to consider the following item:
Government Code sections 54954.5 and 54957 - Threat to Public Services or Facilities: Consultation with: County Superintendent, Dr. Mary Ann Dewan.
Report of Actions Taken in Closed Session
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Gary Waddell, Ed. D., Assistant Superintendent of Equity and Educational Progress
Background
The California State Board of Education adopted an English Learner Roadmap in July 2017 calling for school districts to ensure that English Learner (EL) students attain high levels of English proficiency, mastery of grade-level standards and have opportunities to develop proficiency in multiple languages starting in Early Childhood Education (ECE).
The Santa Clara County Office of Education (SCCOE) is a lead organization in the adoption and implementation of the English Learner Roadmap policy at the local level; and Santa Clara County has the sixth-highest English Learner population amongst 58 counties throughout the state; and The SCCOE is a longtime supporter of bilingual/multilingual advocacy including playing a role in House Resolution 690 in 2016, which officially designated the month of April as National Bilingual/Multilingual Advocacy Month.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Requested Action
Approve minutes of Regular Board Meeting of March 4, 2020 (#2258).
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Michelle Johnson, Ed.D., Director, Charter Schools
Background
The charter for Rocketship Los Sueños Charter School (Los Sueños or RLS) expires on June 30, 2020. This charter was approved as a countywide benefit charter by the Santa Clara County Board of Education (SCCBOE) on June 17, 2009. Los Sueños has been in existence for 10 years with an approved renewal in 2015. A material revision was also approved in 2013 regarding governance of all Rocketship charters and adding transitional kindergarten. RLS currently serves approximately 450 students TK-5 and is seeking an additional five-year term. RLS is located in Alum Rock Union School District (ARUSD).
On February 7, 2020, the Charter Schools Office of the Santa Clara County Office of Education (SCCOE) received a petition from Los Sueños 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.
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 teachers, parents or guardians, and the school districts where the school will place school facilities.
On March 4, 2020, the County Board held a public hearing on the charter school’s petition for renewal. On March 6, 2020, SCCOE staff conducted a site visit and held renewal interviews with RLS parents, staff, students, board members and Rocketship network 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.”
As per Board Policy 0420.4, Rocketship Public Schools (RPS), RLS 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 requirements or 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 March 26, 2020.
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/Rocketship%20Los%20Sueños%20Renewal%20Petition%202020-2025.pdf
CRITERIA FOR RENEWAL OF A CHARTER PETITION
A petition submitted for renewal per Education Code Section 47607 shall be considered by the governing board upon receipt with all of the following requirements (California Code of Regulations, Title 5, Section 11966.5)
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 charter was last approved and documentation of pupil academic performance. (Ed. Code § 47607 and California Code of Regulations, Title 5, §11966.5)
CRITERIA FOR APPROVAL OR DENIAL OF A CHARTER PETITION
Education Code § 47605.6(b) provides that the County Board of Education shall grant a charter for the operation of a countywide charter school” only if it is satisfied that granting the charter is consistent with sound educational practice.” The County Board may impose any additional requirements that it considers necessary for the sound operation of the countywide charter school.
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 SCCBOE is also required to consider increases in pupil academic achievement for all of charter school’s numerically significant pupil subgroups as “the most important factor” in deciding whether to renew its Charter. (Ed. Code § 47607(a)(3)(A).)
When considering a petition for renewal, the SCCBOE 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.
The SCCBOE may deny a petition for the renewal of a countywide charter school 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 sections 47605.6(b) and 47607, California Code of Regulations, Title 5, §11966.5, and County Board Policy 0420.4 (c) and found:
1. Determination of Academic Performance
While RLS asserts in its Charter that it meets the minimum required academic performance standards and that its academic performance clearly supports renewal, the mixed academic performance data, specifically the academic declines in English Language Arts, creates complicated issues in assessing RLS’s academic performance against the standards established in law.
Student |
ELA |
Student |
MATH |
||
Group |
2017-18 |
2018-19 |
Group |
2017-18 |
2018-19 |
ALL |
41.27 |
39.18 |
ALL |
46.32 |
54.92 |
SES |
39.18 |
37.08 |
SES |
43.02 |
53.11 |
Hispanic |
38.51 |
34.51 |
Hispanic |
42.59 |
51.48 |
EL |
23.07 |
9.37 |
EL |
29.52 |
32.30 |
SPED |
0.0 |
11.11 |
SPED |
0.0 |
11.11 |
Staff reviewed RLS's academic data. Staff also reviewed the comparison data for RLS and the districts the students otherwise would have attended - Alum Rock Union School District (ARUSD), San Jose Unified School District (SJUSD), Evergreen Elementary School District (EESD) and Franklin McKinley School District (FMSD). Staff also reviewed the local elementary schools RLS students would have attended – Cesar Chavez Elementary, Clyde Arbuckle Elementary and San Antonio Elementary, as indicated by RLS.
2018-2019 SBAC (ELA: gr. 3-5) |
|||||||||||
Group |
RLS |
ARUSD |
Chavez |
Arbuckle |
San Antonio |
SJUSD |
EESD |
FMSD |
SCC |
State |
|
ALL |
39.18 |
36.86 |
35.84 |
16.66 |
41.62 |
54.99 |
64.36 |
41.35 |
62.09 |
49.88 |
|
SES |
37.08 |
33.10 |
34.57 |
15.60 |
36.84 |
32.42 |
37.88 |
36.42 |
38.01 |
37.90 |
|
Hispanic |
34.71 |
31.33 |
30.07 |
13.86 |
34.27 |
36.24 |
29.57 |
29.21 |
37.57 |
39.69 |
|
EL |
9.37 |
6.28 |
17.44 |
0.00 |
9.80 |
18.28 |
23.88 |
13.25 |
21.71 |
16.44 |
|
SPED |
11.11 |
8.66 |
12.50 |
0.00 |
12.00 |
24.45 |
28.08 |
15.16 |
25.99 |
19.58 |
|
2018-2019 SBAC (Math: gr. 3-5) |
|||||||||||
Group |
RLS |
ARUSD |
Chavez |
Arbuckle |
San Antonio |
SJUSD |
EESD |
FMSD |
SCC |
State |
|
ALL |
54.92 |
31.97 |
27.53 |
6.78 |
37.07 |
46.17 |
62.01 |
38.47 |
59.89 |
44.38 |
|
SES |
53.11 |
28.39 |
26.94 |
5.36 |
33.12 |
22.98 |
33.63 |
34.00 |
34.61 |
32.16 |
|
Hispanic |
51.48 |
26.45 |
23.13 |
2.88 |
31.75 |
25.37 |
23.52 |
23.90 |
32.82 |
33.36 |
|
EL |
32.30 |
9.06 |
17.58 |
0.00 |
12.50 |
14.76 |
26.54 |
15.30 |
26.19 |
17.31 |
|
SPED |
11.11 |
7.66 |
0.00 |
0.00 |
8.00 |
21.44 |
31.67 |
19.13 |
26.33 |
18.52 |
|
While San Antonio and Chavez outperform RLS in ELA for students with special needs and English Learners and San Antonio outperforms RLS in the all student category for ELA, RLS significantly outperforms these schools, as well as ARUSD and Arbuckle, in all other categories and subgroups for ELA and Math. In comparison to the other districts, SCC, and State, RLS outperforms most districts, the State and student groups in Math, however, RLS is outperformed in ELA.
Staff reviewed RLS’s academic data and determined that while RLS students perform at or above the schools or districts they otherwise would have attended in math, there are still declines in performance for numerically significant subgroups in ELA. Overall, SCCOE staff does not believe that there is the requite “clear and convincing data” for SCCBOE to determine that RLS’s academic performance is at least equal to the performance of the districts and schools RLS’s students would otherwise have been required to attend, taking account of the composition of the pupil population. When reviewing all RLS academic data taken together, however, RLS’s alternative measures may be adequate to show increases in pupil academic achievement for all groups of pupils schoolwide and among numerically significant pupil subgroups adequate to meet the minimum performance requirements of Education Code Section 47607(b)(1)-(3). As a requirement of renewal, as part of an addendum to the MOU, SCCOE recommends that RLS include in its 2020-21 Local Control Accountability Plan (LCAP) how it will address the declines in academic performance and provide SCCOE a clear explanation as to the declines and how they will be addressed.
2. Review of the Charter Petition
a. Unsound Educational Program
Staff has serious concerns regarding the academic declines as stated above, therefore it is necessary in order to substantiate a sound educational program for RLS to create and implement additional plans and means of addressing academic issues and declines, including through updates to the 2020-21 Local Control Accountability Plan (LCAP) and inclusion of plans in an addendum to the MOU. Staff concluded that Rocketship Los Sueños provides sufficient information in the Petition to substantiate the required elements for a sound educational program only if academic performance issues are remediated through amendment to the LCAP and provisions in the MOU and an addendum to the MOU.
b. Demonstrably Unlikely to Implement the Program
Staff found facts that demonstrate that the Petitioners are likely to successfully implement the program if RLS creates and implements plans for addressing academic declines through an addendum to the MOU as described more fully throughout this Staff Analysis and Findings of Fact.
c. Affirmations of each of the conditions required by statute
Staff found that the Petition contains most of the required affirmations. Effective July 1, 2019, the Charter Schools Act was revised to add additional affirmation requirements. While RLS did not add those requirements specifically to its list of affirmations, it did include most of the required affirmations in the admissions element of the Charter, and one newly added affirmation that was omitted from RLS’s Charter which will be included in the addendum to the MOU.
d. Reasonably comprehensive description of the required elements
Staff found that the Petition provides a sufficiently comprehensive description of the required elements for approval, though, as indicated in the Charter and in the requirements and conditions on approval, additional specificity and requirements governing RLS’s operations, including its compliance with the required charter elements, will need to be included in an addendum to the MOU among Rocketship Los Sueños, its governing entity/CMO, Rocketship Public Schools, and the SCCOE, including but not limited to the following areas: the educational program, measurable student outcomes, governance structure, and employee qualifications.
e. Exclusive Employer
The petition contains a statement specifying that Rocketship Education, Inc., doing business as Rocketship Public Schools network (RPS) 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, AB 1507, AB 1219, and SB 126 which enacts broad changes to the Charter Schools Act and either are already in effect or become operative contemporaneously with the commencement of the renewal term sought by RLS. As such, RLS will need to comply with the changes to the law.
h. Any Other Basis SCCBOE Finds Justifies Denial
SCCOE Staff believes that the requirements and conditions in the proposed Resolution are necessary to the renewal of the RLS Charter and that failure by RLS to comply with any such requirements/conditions justifies denial of the renewal.
3. Increases in pupil academic achievement for all groups of pupils served by the Charter School
As discussed in detail above, Staff reviewed RLS’s academic data and determined that while RLS students perform at or above the schools or districts they otherwise would have attended, there are still declines in performance for a numerically significant student groups in ELA – Hispanic, socioeconomically disadvantaged, and English Learners. As a requirement of renewal, as part of an addendum to the MOU, SCCOE Staff recommends that RLS include in its 2020-21 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 declines and how they will be addressed. Therefore when reviewing all RLS academic data taken together and on the basis of RLS’s compliance with the requirements/conditions provided for in the proposed Resolution, SCCOE Staff believes that renewal is supported when considering “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).)
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
RLS exhibits a healthy financial position. As of June 30, 2019, RLS had an audited reserve balance of 26.3%. RLS, the Rocketship Network and the Rocketship Public Schools (RPS) Board of Directors have shown strong fiscal oversight. RLS’s Independent Auditor’s Report and Consolidated Annual Financial Report for the Year Ended June 30, 2019, reports an Unmodified Opinion on the financial statements as a whole, as well as on State and Federal compliance with various laws and regulations. There were audit findings for internal control processes for FY2017-18. However, the audit findings were not due to RLS nor did they impact RLS. Since then, RPS has reviewed and improved its current internal control procedures. RPS has also employed external consultants since May 2018 to 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 Schools Department Staff that the RLS Charter be renewed with the addition of the requirement that RLS and RPS enter into an Addendum to the MOU to address Staff’s concerns, including those specifically reviewed in the Staff Analysis and Proposed Findings of Fact, as well as any additional requirements identified by the SCCBOE, and adopt the Board Resolution Conditionally Approving the Charter Petition Renewal of Rocketship Los Sueños Academy Charter School with the Addition of Requirements Pursuant to Education Code Section 47605.6(b), and, Alternatively, Making Written Factual Findings Supporting Denial & Denying the Rocketship Los Sueños Academy Charter School Charter Renewal if the Requirements Are Not Met, for the period of July 1, 2020, through June 30, 2025.
Student Impact
The Charter School office provides oversight and monitoring for 22 County Board of Education authorized charter schools. Rocketship Los Sueños was authorized in 2009 and currently serves approximately 450 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:
Summit Public Schools
An update will be provided on Summit Public Schools.
Charter Renewals
An update will be provided on the current charter renewals' addendum statuses.
COVID-19
An update will be provided on the Charter Schools and their response to COVID-19.
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
On March 11, 2020 the Policy Subcommittee met and approved the revisions to BP 5113 and new Exhibit 5113.
Policy updated to reflect the requirement for a board resolution approving reasonable methods by which students can verify absences due to illness or quarantine. Policy also deletes section on "Effect of Absence on Grades/Credits," as that material is covered in BP/AR 5121 - Grades/Evaluation of Student Achievement.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On March 11, 2020 the Policy Subcommittee met and approved revisions to BP 5131.2.
BP 5131.2 Anti-Bullying Policy
Policy updated per AB 34 which requires that information and policies on bullying, suicide prevention, nondiscrimination and harassment, and sexual harassment be readily accessible on the SCCOE website for the 2020/2021 school year.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On March 11, 2020 the Policy Subcommittee met and approved BP 6186 for first reading.
BP 6186 Juvenile Court Schools
New policy for county offices of education per AB 1354. Policy includes transition planning by COE personnel working with probation department as needed and local LEAs to ensure that specified transition activities are completed for the pupil.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On March 4, 2020 the Policy Subcommittee met and approved the revisions to BB 9230
BB 9230 Orientation
Bylaw updated to clarify that an orientation meeting must be conducted in open session if a majority of the members of the county board will be discussing COE business. Bylaw also revised to reflect language for COE's.
Recommendation of the Policy Subcommittee is to delete the current version of BB 9230 and adopt fully revised version.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On March 4, 2020 the Policy Subcommittee met and approved revisions to BB 9270 - Exhibit A Designated Positions
Exhibit 9270 Conflict of Interest Code
Exhibit revised to reflect updates to staff including new positions and position title changes.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On March 11, 2020 the Policy Subcommittee met and approved the revisions to BB 9321.
BB 9321 Closed Session
Board Bylaw updated to align with county office of education practices rather than district practice. Updates include alignment with relevant Government Code and Education Code. Additional items added that can be heard in closed session.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On March 11, 2020 the Policy Subcommittee met and approved revisions to BB 9323.
BB 9323 Meeting Conduct
Bylaw revised to align with county office practice. Bylaw updated to encourage flexibility in setting time limits on public comments in exceptional circumstances in order to ensure full opportunity for public input at County Board meetings. Bylaw also states that the County Board president may terminate the privilege of addressing the County Board when any individual or group persistently disrupts the meeting or threatens the safety of any person(s) at the meeting.
The superintendent may give a report on any activities related to her duties.
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 (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 | Ajoku | Kester | Paraeducator-Special Education | Specialized Physical Health Care Assistant | C | $26,062.08 | $36,086.64 | $10,024.56 |
2 | Pierce | Ted | Facilities Maintenance & Construction Coordinator | Manager-Facilities & Construction | C | $75,137.52 | $116,109.96 | $40,972.44 |
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 ensure our students receive quality instruction through the selection, assignment and support of qualified leaders, teachers and staff.
Dr. Dewan, County Superintendent requests that the County Board adjourn this meeting in honor of two Santa Clara County Office of Education employees who passed away last month, Sharon Johnson and Summer Reeves.
Sharon Johnson was the interim director of creative impact at the Santa Clara County Office of Education. Sharon joined our office last year and worked in the District LCAP Advisory Services division. She left that position in January to assist the communications department. Sharon was assigned to be a liaison between Santa Clara County Office of Education and Emergency Services Operations and spent the last day of her life dedicated to addressing the effects of COVID-19 in the community. We will miss Sharon’s joyful attitude and passionate commitment to improving education for teachers and students.
Summer Reeves worked in our Equity and Educational Progress Division as Supervisor in our communications and public affairs department for three years. She was integral to supporting our internal departments and district public information officers. In addition to organizing the Teacher of the Year and Employee of the Month programs, she was involved with other influential communications and projects that had an echoing impact in the lives of students and families in our county. Her smile, confidence and dedication to her work which she viewed as her passion will be greatly missed.
We honor these two remarkable women and the impact that they had on the SCCOE.
The next Santa Clara County Board of Education regular meeting is scheduled for April 15, 2020.