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Submit Public Comment: https://tinyurl.com/public-comment-7-15-20
Simultaneous Spanish Translation:
Local 1 (669) 900-6833, Meeting ID #: 727 334 810#
Para espanol llame al 1 (669) 900-6833 y despues el numero 727 334 810#
Any individual who requires disability-related accommodations or modifications, including auxiliary aids and services, in order to participate in the County Board meeting should contact Carmen Aminzadeh in the County Superintendent's Office at least two working days in advance of the meeting. BB 9322 (Government Code 54954.2) Contact Info: caminzadeh@sccoe.org or (408) 453-6540
Roll call of the trustees will be taken and any absences of trustees will be recorded. The board may take action on absences if needed.
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.
SUBMIT PUBLIC COMMENT: https://tinyurl.com/public-comment-7-15-20
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.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Requested Action
Approve Minutes of the regular board meeting of June 10, 2020 (#2264).
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On June 10, 2020 the Policy Subcommittee met and approved BB 9121 for first reading. This policy was brought to the Board for first reading on June 17, 2020.
BB 9121 Board President
Board bylaw updated to align with county office of education practices rather than district practices following guidance from CSBA.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
On June 10, 2020 the Policy Subcommittee met and approved BB 9240 for first reading. This policy was brought to the Board for first reading on June 17, 2020.
BB 9240 Board Training
New version of BB 9240 to replace current version entitled Board Professional Development. Updates based on county practice and guidance from CSBA. Both the current version and new version are attached for comparison.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The following donation was made to the Santa Clara County Office of Education:
| Program: | Teacher Recognition, Equity and Educational Progress Division |
| Donor: | Texas Instrument Corporation |
| Donation: |
$15,000 |
Fiscal Implications
The above donation will be accepted for the Communications department.
Student Impact
The above donation will serve to recognize the outstanding contributions of teachers at the Teacher Recognition Event. These teachers are committed to serving, inspiring, and promoting student and public school success.
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
On March 13, 2020, the President declared the Coronavirus pandemic a National Emergency. The President's unprecedented Nationwide Emergency, and the Secretary of Health and Human Services' (HHS) declaration of Public Health Emergency for COVID-19 established that exigent and emergency circumstances existed. The approval of this major national disaster declaration (FEMA-4482) resulted in California's Disaster Declaration for the COVID-19 pandemic, which authorized the Federal Emergency Management Agency (FEMA) to provide federal assistance through the Public Assistance Grant Program, to every State, Territory, Tribal, local government, and certain private non-profit organizations for Emergency Protective Measures.
The Public Assistance Grant Program is a reimbursement based program administered by FEMA pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (Stafford Act), which allows the federal government to provide funding to state and local governments during a natural disaster to help communities' recover from major disasters. Claims submitted to FEMA for reimbursement are not guaranteed to be approved, and if approved are generally up to 75% of eligible costs.
The Santa Clara County Office of Education has already registered and submitted a Request for Public Assistance for FEMA Reimbursement with California's Office of Emergency Services (CAL OES), and requires approval of the CAL OES Form 130 Designation of Applicant's Agent Resolution for Non-State Agencies, which designates SCCOE representatives responsible for filing claims for reimbursement, and providing information to CAL OES on behalf of the organization when required.
Fiscal Implications
The Santa Clara County Office of Education has already incurred costs and anticipates additional costs over the next several months related to COVID-19 pandemic, which may be eligible for reimbursement from FEMA. Prior to reimbursement, FEMA will first take into consideration any COVID-19 Response funding that has been received, which may also impact the amount reimbursed, if any. It is unknown at this time, when, and how much may be received for reimbursement, especially given the expected volume of claims nationally.
Student Impact
Majority of expenditures incurred were for the direct and indirect benefit of students. It is our hope that FEMA will reimburse SCCOE for expenditures, which will assist in providing resources that will greatly benefit students and their success.
Requested Action
Approve California Office of Emergency Services (Cal OES) Form 130 Designation of Applicant’s Agent Resolution for Non-State Agencies for the County Superintendent and Chief Business Officer.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (e) of Section 54956.9(e)(2) – existing facts and circumstances, including, but not limited to an incident that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs – (Potential exposure to liability arising from investigation sustaining employees’ claim of gender discrimination)
Report of Actions Taken in Closed Session
Background
The board will discuss and consider Adoption of Resolution of the Board of Education Regarding Censure of Board Member Joseph Di Salvo
ITEM DESCRIPTION
1. In January 2020, two SCCOE employees and two SCCBOE Board Members made verbal complaints of harassment by Board Member Joseph Di Salvo to the County Superintendent. Specifically, they alleged that Board Member Di Salvo engaged in gender and racial harassment.
2. In accordance with her duty under federal and state law, and Superintendent Policy 4030, to ensure that any claims of harassment are promptly investigated, the County Superintendent ensured that an outside investigator was retained to investigate the harassment claims against Board Member Di Salvo.
3. The investigator determined that the preponderance of the evidence supports a finding that Board Member Di Salvo was motivated, in part, by gender when he engaged in demeaning communications and heated disagreements with his colleagues and SCCOE employees during board meetings. The investigator found that Board Member Di Salvo’s individual behavior at board meetings consisted of making negative, critical, disrespectful, dismissive, demeaning and heated comments and behavior when challenging women whom he perceived were not doing what he wanted. The investigator found that credible evidence supported a finding that Board Member Di Salvo did not engage in similar behavior towards men, but that instead, Board Member Di Salvo’s communication style became more “heated” and “unprofessional” when the person who disagreed with him was a woman. The Investigator found this is stereotypical behavior indicative of gender bias, and further determined that Board Member Di Salvo’s conduct “appeared to have been undertaken for other reasons, including to undermine or to intimidate a woman into changing her opinion.”
4. Despite Board Member Di Salvo’s articulated reasons for his behavior (i.e. his passion for his role as trustee and advocating for his constituents) the Investigator determined that the manner in which Board Member Di Salvo chose to communicate with his colleagues and SCCOE employees about these issues goes beyond professional discourse, and instead represents a subtle bias against women who disagree with or challenge him.
5. The Investigator found that Board Member Di Salvo’s behavior goes above and beyond what is necessary to communicate one’s point of view, and thus cannot reasonably be related to Board Member Di Salvo’s role as a board member.
6. The Investigator noted that gender bias can be subtle and often difficult to articulate, but considered Di Salvo’s conduct as a whole to conclude that the preponderance of the evidence demonstrated that Board Member Di Salvo’s behavior was motivated in part by gender.
7. The investigator did not find race to be a motivating factor in Di Salvo’s conduct.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Anisha Munshi, Ed.D., Assistant Superintendent, Professional Learning & Instructional Support Division
Background
Positive behavior interventions and supports (PBIS) was first introduced with the reauthorization of the Individuals with Disabilities Education Act in 1997. PBIS functions as a framework to help schools and programs build a more positive and less punitive environment to promote the social-behavioral and academic success of children and youth.
The Santa Clara County PBIS Technical Assistance Center (TAC) was established in 2012 as a core leadership member of the California PBIS Coalition, our state-wide network. The PBIS TAC currently offers training, coaching and technical assistance to more than 56 school districts and 460 school and program sites.
Schools and programs commit to at least three years of structured training and coaching to establish the foundations of their universal (all students), supplemental (some students with additional needs) and individualized interventions and supports. The practices included in training and coaching sessions include, but are not limited to:
Student Impact
PBIS is an effective Multi-Tiered System of Support (MTSS) which has demonstrated:
In California, when comparing schools implementing PBIS with measured fidelity to non-PBIS schools:
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Michelle Johnson, Ed.D., Associate 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:
2019-20 Data Book (Spanish Version)
During the June 10, SCCBOE meeting, the Charter Schools staff presented the annual charter schools data book. Staff has worked with the SCCBOE's approved charter schools in the collection, preparation and presentation of the Charter School Annual Report. The Spanish translation has been completed and is posted on the Charter Schools Department webpage.
Summit Public Schools Update
An update will be provided on Summit Public Schools.
Student Impact
The Charter Schools Department provides monitoring and oversight for 22 County Board of Education authorized charter schools serving approximately 10,000 students.
The superintendent may give a report on any activities related to her duties.
Due to COVID-19, the SCCOE is focused on sustained response and recovery efforts. The information for future agenda items is offered here as a place holder such that in the future, when resources are available, these agenda items can be considered for placement on an agenda.
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.
At the February 2019, 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
James Novak, Ed.D., Chief Business Officer
Craig Wilde, Director, General Services
Jas Sohal, Manager, Purchasing Services
Background
Per Board Policy BP 3270, when any Santa Clara County Office of Education instructional materials, equipment, supplies, or other personal property with a value less than $25,000 becomes unusable, obsolete, or no longer needed, the Santa Clara County Superintendent of Schools or designee shall notify the Santa Clara County Board of Education.
The reports include a list of the items sold, income received, and the method of sale. Items that are no longer usable by the Santa Clara County Office of Education (SCCOE) are sold for surplus or disposed of as e-waste.
Items with a hard disk drive are reformatted, or the hard disk drive is removed and destroyed by the Technology & Data Services Division before items are picked up by Evergreen IT Management, our e-waste vendor. Surplus computer items are typically not donated to outside organizations, as most do not accept donations of CRT monitors, old computers, or software.
Fiscal Implications
Funds from the sale of surplus items are deposited into the General Fund.
Student Impact
N/A
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 3100, budget amendments shall be submitted for County Board approval when the state budget is adopted, collective bargaining agreements are accepted, SCCOE income declines, increased revenues or unanticipated savings are made available to the SCCOE, or program proposals are significantly different from those approved during budget adoption.
Budget revisions (amendments) are typically presented to the County Board monthly with exception to October, January, and June of each year as more time is needed to compile information for first and second interim, and fiscal year-end reporting periods.
As part of the fiscal year-end closing process, budget revisions for the month of June are processed through the month of August, and will not be presented to the Board until the September 16, 2020, board meeting.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Steve Olmos, Ed.D., Assistant Superintendent of 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 April – June 2020 reporting period.
Student Impact
The Williams Report documents complaints regarding textbooks and instructional materials, conditions of facilities, and teacher mis-assignments and vacancies. SCCOE strives to provide our students a quality education that encompasses all of these areas. No complaints were filed this quarter.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Steve Olmos, Ed.,D., Assistant Superintendent, Student Services & Support Division
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.
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 2019-20 (PIR)
Provides information on progress of services provided to children and families to meet required timelines as per specific indicators and thresholds (See statement from the Office of Head Start)
Financial Report – HS Basic/EHS Basic Total Grant Award –May 2020
Provides the status of program budget and financial oversight
In-Kind Contribution Required –May 2020
Indicates the progress of required matching contribution required by grant ($6,676,866)
Administration Cost Limitation –May 2020
Limits the amounts of funds charged as development and administrative costs to 15%
Purchase Card Summary –May 2020
Serves as an oversight check of program expenses
California Child Food Program Summary Reports (USDA) – May 2020
Serves as an oversight check of program expense
Enrollment Report –May 2020
Summarizes the year to date enrollment activity in the Head Start Program to comply with enrollment requirements
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 (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 | Yam | Shanny | Assistant Director-District Business Services |
Director III-District Business Services
Classified |
C | $143,871.96 | $163,377.36 | $19,505.40 |
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.
The next Santa Clara County Board of Education regular meeting is scheduled for August 5, 2020.