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Public comments will be conducted via Zoom and can be made at the time the agenda item is addressed at: https://tinyurl.com/sccoeboe8520
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#
SCCOE Board Meeting Public Comment Instructions
Members of the public may provide public comments to Zoom-conference meetings as follows:
Spoken public comments will be accepted through the Zoom conference meeting. To address the Board, click on the link provided on the board agenda for the appropriate meeting to access a Zoom-based meeting. Please read the following instructions carefully.
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Instrucciones sobre comentarios públicos para la reunión de la Junta Educativa de SCCOE
Los miembros del público pueden hacer comentarios durante la conferencia a través de Zoom. Las siguientes son las instrucciones:
Durante el transcurso de la reunión se aceptarán comentarios del público a través de Zoom. Para dirigirse a la junta, haga clic en el enlace provisto en la agenda de la junta que corresponde a la reunión apropiada; de esta manera podrá ver la reunión a través de Zoom. Lea atentamente las siguientes instrucciones.
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.
Public comments will be conducted via Zoom and can be made at the time the agenda item is addressed at: https://tinyurl.com/sccoeboe8520
SCCOE Board Meeting Public Comment Instructions
Members of the public may provide public comments to Zoom-conference meetings as follows:
Spoken public comments will be accepted through the Zoom conference meeting. To address the Board, click on the link provided on the board agenda for the appropriate meeting to access a Zoom-based meeting. Please read the following instructions carefully.
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Instrucciones sobre comentarios públicos para la reunión de la Junta Educativa de SCCOE
Los miembros del público pueden hacer comentarios durante la conferencia a través de Zoom. Las siguientes son las instrucciones:
Durante el transcurso de la reunión se aceptarán comentarios del público a través de Zoom. Para dirigirse a la junta, haga clic en el enlace provisto en la agenda de la junta que corresponde a la reunión apropiada; de esta manera podrá ver la reunión a través de Zoom. Lea atentamente las siguientes instrucciones.
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 time-limited.
A timing system will be activated at the beginning of each individual's presentation. 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.
A report of the August 5, 2020 Policy Subcommittee meeting will be provided by Trustee King. No other committees have met since the last meeting of the board and therefore no additional reports will be provided.
Future Meeting Dates:
Permanent Standing Committees of the Board
Joint, Partner and Membership Committees and Activities
Liaison Committees, Workgroups, and Community Activities
President, Claudia Rossi along with legal counsel, Ron Weinkart from AALRR will provide an update to the Santa Clara County Board of Education regarding complaints received.
Background
Two unsolicited complaints from members of the educational community which describe gender based harassment by Trustee Di Salvo against female colleagues and a subsequent investigation were received. The complaints show that Board member Di Salvo’s public statements at the July 15, 2020 meeting were misleading to the extent that he asserted it was unfair to describe his conduct as hostile or discriminatory. A copy of the complaints have been shared with Trustee Di Salvo and members of the Board of Education. At the next meeting of the Board of Education, the Board will consider what if any action is appropriate with regard to whether Trustee Di Salvo failed to comply with Board Bylaw 9006 which requires that board members “exercise honesty in all written and interpersonal interactions, never intentionally misleading or misinforming each other or the public”, when he stated that his conduct has been misconstrued as discriminatory and taken out of context in light of the information shared in the complaints.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
Periodically, the Board engages in training to support their role as an appealate body. Marcelo Quiñones with the Office of the County Counsel will present an overview of interdistrict transfer agreement appeals.
This presentation will cover the process of interdistrict appeals, the criteria under which appeals are reviewed, and the role of the County Board.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The County Board of Education will hold a hearing and take action on an interdistrict attendance appeal filed on behalf of a student; Resident District: San Jose Unified School District, Desired District: Campbell Union High School District.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Background
The County Board will hold a hearing and take action on an interdistrict attendance appeal filed on behalf of a student, Resident District: East Side Union High School District, Desired District: Campbell Union High School District.
Report of Actions Taken in Closed Session
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Requested Action
Approve Minutes of the regular board meeting of June 17, 2020 (#2265).
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Requested Action
Approve Minutes of the regular board meeting of July 15, 2020 (#2266)
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Steve Olmos, Ed.D., Assistant Superintendent, Student Services & Support Division
Background
The Consolidated Application (ConApp) is used by the California Department of Education (CDE) to distribute categorical funds from various state and federal programs to county offices, school districts, and direct-funded charter schools throughout California.
Annually, each local educational agency (LEA) submits the spring release of the application to document participation in these programs and provides assurances that the district will comply with the legal requirements of each program. Program entitlements are determined by formulas contained in the laws that created the programs.
Student Impact
The Consolidated Application directly impacts SCCOE students. The Consolidated Application Is submitted annually to the California Department of Education and in the process, districts apply for federal funds to include Title I, II, III, and IV . Title I funds supports low income students and provide supplemental services and support to meet academic and social and emotional needs of students to include homeless youth. Title II funds support the development of highly qualified teachers and Title III funds provide supplemental support for English Learners.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
James Novak, Ed.D., Chief Business Officer, Business, Facilities & Operations Division
Stephanie Gomez, Director, Internal Business Services
Background
This report reflects budget revisions for the month of July 2020. 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 in estimated revenue, or an increase to credit it back to fund balance.
During the month of July 2020, expenditure budgets were increased by $3,620,697; revenue was increased by $3,653,114; and fund balance was increased by $32,417.
Fiscal Implications
Restricted funding in the amount of $3.65 million has been received to assist child care providers and school districts throughout the County of Santa Clara, and the Santa Clara County Office of Education with COVID-19 response efforts.
Student Impact
Students throughout the County of Santa Clara will directly and indirectly benefit from the Cleaning and Supplies for Childcare (CSCP) Early Learning and Care Program, and the Silicon Valley Community Foundation's (SVCF) COVID-19 Education Partnership grant.
Requested Action
Approve the Budget Revisions for the Month of July 2020.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Requested Action
Adopt the Resolution to Order an Election on Term Limits for Santa Clara Board of Education of Members
Members of the community approached the SCCOE and members of the SCCBOE regarding term limits. The purpose of this agenda item is to provide a resolution for setting term limits for the Santa Clara County Board of Education (the “Board”). The board would need to adopt a resolution at the August 5, 2020 meeting in order for the item to be placed on the November 3, 2020 ballot. There may be a benefit to placing the item on the November ballot over other future elections in that the number of items on the ballot are larger and may result in a lower cost to the SCCOE for placing this item before the voters for consideration.
As you are aware, either the Board or residents of Santa Clara County may initiate the process for limiting, or repealing a limit, on the number of terms a member of the governing board of the school district may serve. (Education Code, § 35107(c).)
A proposal submitted to the electors by the governing board to limit, or repeal a limit, on the number of terms a member of the governing board may serve is subject to voter approval at a regularly scheduled election consistent with Elections Code, section 9500 et seq.
Education Code, section 35107(a) provides that, “[a]ny person, regardless of sex, who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office, is eligible to be elected or appointed a member of a governing board of a school district without further qualifications.” (Emphasis added.) Because section 35107(a) defines the eligibility requirements for individuals to be elected or appointed to the governing board of a school district “without further qualifications,” the governing board cannot, on its own, adopt a rule relating to elections that is more restrictive than state law, including, specifically, a rule imposing term limits for members of the governing board.
However, Education Code section 35107(c) provides a process by which the governing board, or the residents of the school district, may propose to limit the number of terms a school board member may serve. Specifically, Education Code, section 35107(c) states the following:
Notwithstanding any other provision of law, the governing board of a school district may adopt or the residents of the school district may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the governing board of the school district may serve on the governing board of the school district. Any proposal to limit the number of terms a member of the governing board of the school district may serve on the governing board of the school district shall apply prospectively only and shall not become operative unless it is submitted to the electors of the school district at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
As such, the governing board of a school district (or county office of education) may propose term limits by adopting a proposal that must then be voted on by the district’s electors at a regularly scheduled election, meaning that term limits cannot be implemented by board action, alone. Similarly, residents may propose term-limits by initiative (i.e. gathering signatures on a petition) which can then be placed as a measure on the ballot. In either case, Education Code section 35107(d)(2) states that a proposal to limit the terms of the governing board members is subject to the provisions of Elections Code section 9500 or section 9300, respectively.
Elections Code
The Elections Code, beginning at Section 9500, sets out the procedures that the governing board of the school district, opponents of the measure, and the county election officials must follow. Notably, Elections Code section 9500 requires county election officials to transmit a copy of the measure to the county counsel or district attorney in a county that has no county counsel for an impartial analysis of the measure. This analysis must show the effect of the measure on the existing law and the operation of the measure. The analysis must also include an indication that the measure was placed on the ballot by the governing board, an analysis of the preceding arguments for and against the measure, and shall be no more than 500 words. (Id.)
Other provisions of the Elections Code set out the process for county election officials to select and publish written arguments for and against a proposed measure (Elec. Code, §§ 9501, 9503), and for the publication of written rebuttals to written arguments for and against the proposed measure (Elec. Code, § 9504). Importantly, Elections Code section 9603 allows a school district, at its discretion, to hold an advisory election to allow voters within the jurisdiction to voice their opinions on substantive issues, or to indicate to the local legislative body approval or disapproval of the ballot proposal.
Under the Education Code, a governing board may adopt a proposal to impose term limits (or to repeal term limits) on members of the governing board; however, any such proposal is subject to voter approval at the next regularly scheduled election. Thus, board action, alone, is not sufficient to enact term limits.
A proposal by the governing board to implement term limits submitted for voter approval must follow Elections Code sections 9500 et seq., which requires an impartial analysis by the county counsel or, in a county without county counsel, the district attorney. This process also provides for the submission and publication of one argument for and one argument against the proposed term limit and subsequent rebuttal arguments, and advisory election held by the school district to gauge voter approval or disapproval of the proposed term limit.
PROCESS TO IMPLEMENT TERM LIMITS
To initiate the process of implementing term limits, SCCOE must do the following:
• Prepare a proposal and resolution to impose a term limit on members of the Board for Board approval;
• Adopt the resolution to impose a term limit on members of the Board;
• If approved by the Board, submit the proposal to county election officials for voter approval in the next regularly scheduled election; and
• If accepted by the county election officials, prepare a written argument for the proposed term limit and, if there is a written argument against the proposed term limit, a rebuttal written argument.
Once on the ballot, the measure must pass by a majority of voters.
Administrator
Mary Ann Dewan, Ph.D., County Superintendent of Schools
Anisha Munshi, Ed.D., Assistant Superintendent, Professional Learning & Instructional Support Division
Background
Ethnic Studies is an interdisciplinary field of study that encompasses many subject areas including history, literature, economics, sociology, anthropology, and political science. It emerged to both address content considered missing from traditional curriculum and to encourage critical engagement. As a field, ethnic studies seeks to empower all students to engage socially and politically and to think critically about the world around them. Starting in 2019-2020, the Santa Clara County Office of Education (SCCOE) started the planning and partnerships to launch an Ethnic Studies Initiative that is aligned with what is outlined by the California Department of Education (CDE) and the History Social Science Framework.
Student Impact
Research has demonstrated multiple benefits of Ethnic Studies for all students (including both students of color and White students). The fact that Ethnic Studies emphasizes culturally sustaining approaches to the curriculum results in greater student engagement and academic success. This framework highlights Ethnic Studies approaches that have proven most successful for students in K-12 settings as reflected in the growing body of research in this area. Teachers and administrators are encouraged to read the research to have a deeper understanding of why and how Ethnic Studies is so beneficial to the academic growth of all students (Sleeter & Zavala [2020] provide a comprehensive overview of the research on the positive impacts of Ethnic Studies in multiple areas). Following are some highlights of the most significant benefits of Ethnic Studies demonstrated in the research.
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, Business, Facilities & Operations Division
Stephanie Gomez, Director, Internal Business Services
Background
Per Board Policy BP 3312 (a) contracts from $250,000 and over are to be provided as one information item at a regular meeting of the Board.
For your information, the table below lists the contracts processed from April 1, 2020 – June 30, 2020.
Per AR 3310, there are several award processes. It is noted in the table below whether the contract was awarded through:
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Fiscal Implications
Funding has been designated to pay for the anticipated expenditures associated with these contracts.
Student Impact
Students will directly and indirectly benefit from these contracted services by ensuring the needs of Special Education students are met, and increasing the response time to resolve technological related issues.
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 (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.
| # | Last Name | First Name | Prior Position Title | New Position Title | Reason(see Legend) |
Prior Annual Salary |
New Annual Salary |
Salary Increase |
| 1 | Arpante | Christina | Coordinator | Assistant Director-Creative Impact | C | $148,188.12 | $163,377.36 | $15,189.29 |
| 2 | Murphy | Annemarie | Coordinator-District Improvement and Support | Assistant Director-LCAP Adv. Services and District Support | C | $141,131.40 | $155,597.76 | $14,466.36 |
| 3 | Perry | Marisa | Supervisor-Classification & Recruitment | Director III-HR/Classified Personnel Services | C | $134,412.00 | $148,188.12 | $13,776.12 |
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.
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:
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.
The next Santa Clara County Board of Education regular meeting is scheduled for September 2, 2020.