Livestream the Board Meeting:
https://tinyurl.com/sccoeboardmeeting
Scroll to the bottom and choose LIVE

Public comments will be conducted via Zoom and can be made at the time the agenda item is addressed at:  https://tinyurl.com/SCCBOE111820  or dial 1.669.900.6833, ID: 974 4743 6917#

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#

The Road to Public Comment

​​​Información de comentarios públicos en español

Public Comment Instructions​

Access Zoom​

1. ​​Determine which device will be used to connect (cell phone, laptop, or tablet).
2. In order to join a Zoom, it is necessary to first download the Zoom app on your laptop, desktop, tablet, or mobile device. You may download Zoom from the Download Center, or at www.zoom.us.
3. If you already have Zoom on your device, be sure it is the most current version, version 5.0+. You may update via Zoom’s Download Center​.​

Note: Make sure your browser is current, up-to-date: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer.

​Test Audio

1. ​​For persons planning to provide public comment, it is important to test the audio prior to joining the Zoom. Testing audio can be done within the Zoom application.
2. Visit http://zoom.us/test to test your microphone, speaker, video and audio. Click the "JOIN" button to launch at test meeting.​

Arrive Early

1. ​Consider joining the Zoom 10-15 minutes prior to the meeting start time.
2. Make sure the internet connection is stable to lessen the likelihood of lost connection during the meeting.

Remove Distractions: Comment in a space that does not have a lot of background noise or distraction as you speak.

​Access Translation

1. ​Persons providing public comment in Spanish must notify the moderator before beginning a comment.This allows the interpreter to join the meeting and the timer to be adjusted. Speakers must pause every 2-3 sentences to allow the interpreter to translate.
2. Persons not providing comment may listen to the meeting in Spanish by dialing 1 (669) 900-6833, followed by entering the Meeting ID 727 334 810#. This is a listen-only opportunity; questions and/or comments will not be acknowledged during the meeting translation.​

​​​Provide Comment

1. Members of the public wanting to voice a live public comment during the Santa Clara County Board of Education virtual Zoom meeting may do so through the Zoom webinar link, or by smartphone. The Zoom link and dial-in phone numbers are provided on the agenda, live stream, or on the County Board of Education webpage​. 
   
   *Dial-in phone numbers will be visible and public. Blocked numbers will not be recognized for comment*.
    
2. ​One public comment per person is allowed for each item. When the Board President calls for a specific agenda item on which a person wants to comment, the person must use the “Raise Hand” feature in Zoom, or *9 by phone, to indicate the wish to provide comment on the item.
    
3. On each agenda item, only those hands raised between the Board President's call for comments and the moderator's confirmation of the number of speakers will be recognized. Hands raised after the Board President completes the call for public comment on a specific agenda item will not be heard.
    
4. The moderator will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. Persons who do not respond when prompted will forfeit their comment for that item.
    
5. Speakers remarks are limited to the time allotted, as indicated by the Board President.​​

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.

Administrator

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

Gary Waddell, Ed. D., Associate Superintendent, Equity & Educational Progress Division, Public Affairs

Background

The Santa Clara County Board of Education (SCCBOE) recognizes ten employees each year for outstanding service to students, parents, coworkers, and customers. Theresa Martinez, a Senior Executive Assistant in the Business, Facilities and Operations Division, is being honored as November’s Employee of the Month. Her outstanding skills and accomplishments on the job, as well as dedication to exceptional service, and commitment to excellence, align with the Goals & Mission Statement of the County Office of Education.

Public comments will be conducted via Zoom and can be made at the time the agenda item is addressed at:  https://tinyurl.com/SCCBOE111820  or dial 1.669.900.6833, ID:  974 4743 6917#   

Reports will be received from Strong Start, Head Start Policy Council, and JLAC as those committees have met since the last board meeting.

Upcoming Committees

• California School Boards Association (CSBA) Delegate:  Dec 2-3, 2020 (Trustee Kamei)
• California County Boards of Education (CCBE):  Dec 3 2020 (Trustee Kamei

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: Cupertino Union School District, desired district: Saratoga Union School District.

Administrator

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

The Board will convene into Closed Session to consider the following matter:

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

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 October 21, 2020 (#2271).

Administrator

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

Anisha Munshi, Ed.D., Assistant Superintendent, Professional Learning & Instructional Support

Background

November is nationally recognized as Homeless Youth Awareness Month. The Santa Clara County Office of Education is joining forces to acknowledge the awareness month and to highlight the programs and partnerships in place to help McKinney-Vento students and families within Santa Clara County.

Student Impact

With nearly 3,000 McKinney-Vento student identified in 2019 within Santa Clara County it is important to bring awareness to the rise of homelessness within the county The Santa Clara County of Education has programs in place to support the students and families and these programs are highlighted within the resolution.

Administrator

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

Gary Waddell, Ed. D., Associate Superintendent, Equity & Educational Progress Division, Public Affairs

Background

December 2nd is recognized as National Special Education Day. This day celebrates the 48th anniversary of the nation’s first special education law as the Individuals with Disabilities Act (IDEA) was signed on December 2, 1972.  The IDEA law makes a free appropriate public education (FAPE) available to eligible children with disabilities throughout the nation and ensures special education and other related services are made available to the students.

Fiscal Implications

The Individuals with Disabilities Act (IDEA) guarantees students a free, appropriate public education with special education and other related services. The Santa Clara County Office of Education provides a number of special education services available to students from birth to 22; including workability and inclusion support.

Administrator

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

Gary Waddell, Ed. D., Associate Superintendent, Equity & Educational Progress Division, Public Affairs

Kathy Wahl, Director III, Inclusion Collaborative 

Background

Annually, Ms. Charmaine Warmenhoven donates to the Inclusion Collaborative. Ms. Warmenhoven, has donated $100,000.00 for fiscal year 2020-21 with the entire donation restricted to direct support of the Inclusion Collaborative.

Fiscal Implications

Student Impact
This donation provides funding to offer free support, information and referrals for including children of all ages with disabilities and other needs in the community via the Inclusion Collaborative Warm Line. Other support offered by the Warm Line include:

• Positive behavior support for parents and professionals
• Referrals to local resources, agencies, and services
• Developmental Screening for ages one month to 5 ½ years
• Answers to questions and technical assistance regarding inclusive practices
• Parent and educator resources (i.e. visual supports, social stories)

Administrator

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

Background

The following donations were made to the Santa Clara County Office of Education:

Fiscal Implications

The above donations will be accepted for the Digital Equity Fund - Office of the Superintendent and Alternative Education department.

Student Impact

The above donations will assist students throughout the County in need of devices, hotspots, and connectivity essential for distance learning. The donation made to the Alternative Education department wil provide books to students at Juvenile Hall and Osborne. 

Administrator

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

Mefula Fairley, Director of Charter Schools

Background

On July 1, 2020, AB 1505 took effect which made significant changes to the Charter Schools Act.  One of the changes was to revise the renewal criteria and standards. 

During the September 16, 2020, Santa Clara County Board Meeting, the Charter Schools Department presented an overview of the changes of AB 1505 and the new renewal criteria.  Additional questions regarding how to specifically review "middle tier" performance charter school renewals arose.  

An overview presentation to cover these additional questions will be presented.

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

Mefula Fairley, Director, Charter Schools Department

Background

The charter for Rocketship Discovery Prep Academy Charter School (Discovery Prep or RDP) expires on June 30, 2021. This charter was approved as an independent, direct funded, countywide benefit charter by the Santa Clara County Board of Education (SCCBOE) in October 2011.  In 2013, a material revision adding transitional kindergarten and aligning the governance and operations of all Rocketship charters under the Rocketship Public Schools charter management organization was approved.  The charter was also renewed by the SCCBOE in 2016.  RDP currently serves approximately 450 students in grades TK-5 and is seeking an additional five-year term. RDP is located in Alum Rock Union School District (ARUSD).

On August 24, 2020, the Charter Schools Office of the Santa Clara County Office of Education (SCCOE) received a petition from Discovery Prep seeking renewal of the charter. AB 1505, codified in Education Code Sections 47607 and 47607.2, establishes the renewal period for a charter school based on the school's placement in one of three performance categories: high, middle and low.  The California Department of Education has established the Charter School Performance Category List on which Rocketship Discovery Prep is identified as a middle performing charter school and is eligible for a five-year renewal term.  If the charter is renewed by the Santa Clara County Board of Education (SCCBOE or County Board), the new term of the Charter would begin on July 1, 2021, and will run through and including June 30, 2026.  Renewals and material revisions of countywide benefit charters are governed by the standards and criteria set forth in Education Code Sections 47605.6, 47607, and 47607.2.

California Education Code Sections 47605.6, 47607, and 47607.2 require that “no later than 60 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 is located.  On September 16, 2020, the SCCBOE held a public hearing on the RDP petition for renewal.  The Education Code further stipulates the County Board of Education “shall either grant or deny the renewal charter within 90 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension.”

On September 17 and 18, 2020, as part of its charter renewal process, SCCOE staff conducted a site visit and held renewal interviews with RDP stakeholder, including parents, staff, students, board members and Rocketship Public Schools network/charter management organization (RPS or CMO) leadership.  As required by Board Policy 0420.4, Rocketship Public Schools (RPS), RDP and SCCOE developed a "Memorandum of Understanding" (MOU), addressing SCCOE’s best practices regarding the respective fiscal, operational, and administrative responsibilities as well as legal relationships of all parties.  Deficiencies in the Charter, any other matters not otherwise addressed or resolved by the terms of the Charter, or any requirements or conditions which may be imposed by SCCBOE will be addressed in an addendum to the MOU after the SCCBOE has taken action.  This MOU was signed by the petitioner on October 19, 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%20Discovery%20Prep%20Renewal%20Petition.pdf

CRITERIA FOR RENEWAL OF A CHARTER PETITION

Education Code Sections 47607 and 47607.2 state a petition submitted for renewal shall be considered by the governing board upon receipt based on all the following requirements:

1. Standards and Criteria in Education Code Section 47605.6
2. Determination of High, Middle, or Low School Performance Category 
3. A Renewal Charter Petition
4. Additional Criteria for Denying a Charter Renewal: School is unlikely to successfully implement the program due to:
   1. Substantial fiscal factors
   2. Substantial governance factors, or
   3. The charter school is not serving all pupils who wish to attend

Moreover, when requesting renewal of a charter previously approved by the County Board of Education, 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 along with documentation of pupil academic performance.  (Ed. Code sections 47605.6, 47607 and 47607.2)

STANDARDS AND CRITERIA IN EDUCATION CODE SECTION 47605.6

Education Code Section 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) before receiving a charter renewal.

The SCCBOE is also required to consider increases in pupil academic growth for all the charter school’s students in deciding whether to renew its Charter.  (Ed. Code Section 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:

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)
6. Any other basis that the County Board of Education finds justifies the denial of the petition

REVIEW OF THE PETITION

Staff reviewed the Petition using the criteria established in California Education Code sections 47605.6(b), 47607, and 47607.2, and County Board Policy 0420.4 (c) and found:

1. Determination of Academic Performance

Due to COVID-19, all statewide testing was canceled for 2019-20.  The academic data reviewed was for 2017-18 and 2018-19.

While RDP states in its Charter that it meets the minimum required academic performance standards and that its academic performance supports charter renewal, the mixed academic performance data, specifically the declines in English Language Arts (ELA) and Math on the California Assessment of Academic of Student Performance and Progress (CAASPP), create complicated issues in assessing RDP’s academic performance against the standards established in law. (SED is Socioeconomically Disadvantaged and SWD is Students with Disabilities)

Staff reviewed RDP's academic data as well as the comparison data for RDP and the districts the students otherwise would have attended - Alum Rock Union School District (ARUSD) and San Jose Unified School District (SJUSD).  Staff also reviewed the local elementary schools RDP students would have attended – Empire Gardens Elementary, Anne Darling Elementary, Olinder Elementary, Bachrodt Elementary, and Painter Elementary as indicated by RDP.

While all comparison schools outperform RDP's Students with Disabilities in ELA, only Painter out performs RDP Students with Disabilities in Math.  In ELA, Painter outperforms RDP for all student groups, except EL.  RDP significantly outperforms all the other schools, in all other categories and subgroups for both ELA and Math.  A comparison of ELA results for RDP, ARUSD, SJUSD, SCC, and State shows all students and all student groups at RDP outperform ARUSD but all students and the Hispanic student group at SJUSD outperform RDP.  The State and SCC outperform RDP for all student groups in ELA, except EL.  However, RDP outperformed in Math. In the color coded chart below, RDP is in purple, and the groups which outperform RDP are in green while the groups in which RDP performed the highest are in red.

Rocketship Discovery Prep’s 2019 California School Dashboard Data

RDP’s academic performance data reflects increases in academic achievement schoolwide and across numerically significant student groups over the course of the entire charter term.  While, in Math, RDP students outperform the schools or districts they otherwise would have attended, there are still declines in the ELA performance for numerically significant student groups (English Learners, Hispanic, and Socioeconomically Disadvantaged).  Education Codes 47607 and 47607.2 require the County Board to consider clear and convincing evidence demonstrated by verified data of measurable increases in academic achievement based on RDP’s students making at least one year of growth for each year of RDP’s charter term.  Although there is no 2019-20 statewide academic data due to COVID-19, SCCOE Staff considered the available data and evidence and recommends RDP be required, as part of an addendum to the MOU, to include in its 2021-22 Local Control Accountability Plan (LCAP) the manner in which it will continue to address the academic performance of RDP students, specifically the declines in ELA and Math, the suspension rate indicator, the chronic absenteeism indicator, and medium performing English Learner Progress indicator.  If those terms are included in an addendum to the MOU, and RDP continues to address these academic performance concerns, giving greater weight to academic achievement measures for all groups of pupils and considering increases in academic achievement, RDP’s achievement data supports renewal because student performance during this charter term indicates the school has made progress that provides a benefit to its pupils and closure is not in the best interest of pupils.

Demographic Data

In accordance with Education Code Section 47607(d), SCCOE requested, received from CDE, and reviewed aggregate data reflecting pupil enrollment patterns at RDP.

2. Review of the Charter Petition

a. Sound Educational Program

Staff has serious concerns regarding the academic declines as stated above.Ttherefore, in order to substantiate a sound educational program, it is necessary for RDP to create and implement additional plans and means of addressing academic issues and declines, including through updates to the 2021-22 Local Control Accountability Plan (LCAP) and inclusion of plans in an addendum to the MOU.  Staff concluded that Rocketship Discovery Prep provides sufficient information in the Petition to substantiate the required elements for a sound educational program only if academic performance issues are remediated through update to the LCAP and provisions in an addendum to the MOU.

b. Ability to Successfully to Implement the Program

Staff found facts that demonstrate that the Petitioners are likely to successfully implement the program if, as required by an addendum to the MOU, RDP creates and implements plans for addressing academic declines and correcting the various issues and concerns noted throughout the Staff Analysis and Findings of Fact.

c. Affirmations of each of the conditions required by statute

Staff found that the Petition contains all the required affirmations, except an explicit statement that RDP shall provide notice of the requirements of Education Code Section 47605.6(e). While RDP did not add this requirement specifically to its list of affirmations, it did include the required information on the RDP website and the affirmation 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. However, as indicated in the Staff Analysis and Finding of Fact and in the requirements and conditions for approval, additional specificity and requirements regarding RDP’s operations, including its compliance with the required charter elements, will need to be included in an addendum to the MOU. This additional information shall include but not limited to the following areas: the educational program, measurable student outcomes, governance structure, finances, employee qualifications, racial/ethnic, special education and English learner balance, student suspension/expulsion procedures, admissions policies and procedures, and student attendance alternatives.

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

Since RDP’s Charter was last renewed, a number of new laws have gone into effect, including AB 1505, AB 1507, AB 1219, SB 126, SB 820, and SB 89, which enact broad changes to the Charter Schools Act.  RDP will need to comply with the changes to the law. The Charter, along with the MOU and terms of an addendum to the MOU as describe above, indicate that RDP will so comply. 

h.  Any Other Basis SCCBOE Finds Justifies Denial

SCCOE Staff believes the requirements and conditions in the proposed Resolution are necessary to the renewal of the RDP Charter and that failure by RDP to comply with any such requirements/conditions justifies denial of the renewal.

3. Additional Criteria for Denying a Charter Renewal:

The school is unlikely to successfully implement the program due to (a) substantial fiscal factors, (b) substantial governance factors, or (c) the charter school is not serving all students who wish to attend:

a.  Substantial Fiscal Factors 

RDP exhibits a healthy financial position.  As of June 30, 2019, RDP had an audited reserve balance of 5%. RDP, the Network and the Rocketship Public Schools (RPS) Board of Directors have shown strong fiscal oversight.  RDP’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 well as on State and Federal compliance with various laws and regulations. Currently, RPS, as part of their centralized finance and accounting functions, submits RDP fiscal reports as required by law and SCCOE on a timely basis, including by providing site-specific, state-mandated reports. However, RDP has not fully complied with SCCOE’s requests or the terms of existing memoranda of understanding between RPS and SCCOE or the October 19, 2020, MOU which require the individual SCCOE-authorized charter schools to operate as distinct and separate LEAs that each maintain their own set of financial records, distinct from any other school(s) that may be operated by or related to the school, RPS, or any other related entity, and that at all times each charter school submit financial reports as a distinct LEA. As part of SCCOE’s oversight of the charter school, SCCOE needs to receive monthly site level general ledger or equivalent reports, but RDP currently provides only RPS-wide monthly bank statements and bank reconciliations instead of school specific reports. SCCOE Staff recommends that, as a requirement for renewal of the Charter, a term be included in the addendum to the MOU whereby RPS and RDP recommit to these obligations and determine the specifics of a plan for compliance to SCCOE’s satisfaction that includes monthly submission of RDP’s site level general ledger or equivalent reports.

RDP reported an Average Daily Attendance (ADA) of 468 for Fiscal Year (FY) 2019-20. RDP projects an increase in enrollment for FY 2020-21 with an ADA of 499. RDP has projected ADA at 94%. Charter Department Fiscal Staff (Fiscal Staff) is not aware of any significant financial concerns for RDP.

b.  Substantial Governance Factors

Rocketship Public Schools has a national Board that also serves as the Board for its California charter schools.  The Board meets seven times per year, approximately every other month at various times during the school day.  The meeting schedule for 2020-21 includes the following dates: August 26 at 12:00 PM, September 16 at 2:00 PM, October 22 at 4:30 PM, December 3 at TBD, February 24 at TBD, April 22 at TBD, and June 10 at TBD.

Meeting agendas are posted on the Rocketship website, albeit not prominently.  In order to locate the agenda, the public must locate the webpage for the Board of Directors, scroll past the 17 board member biographies to the bottom of the page, click a link, and search among several years of meeting agendas.  The agenda offers brief directions for providing public comment, but does not indicate whether interpretation services are available.  There were no public comments at the August 26 and September 16 meetings.  At the October 22 meeting, the directions for public comment were given in English and Spanish, and the Rocketship Board received four comments, two of which were in Spanish and supported by a Spanish-speaking interpreter.  Notably, all the comments were related to the SCCBOE public hearings on the two Rocketship schools renewals.

The Rocketship Board conducted a process for selecting two additional Board members.  Yolanda Bernal Samano and Mai Huong Ho, both seated on the Rocketship National Board in February 2020, are the parents of current Rocketship students.  Both have voted in open session and are Board members with full rights and responsibilities.

The Charter Schools Department Staff believes that the governance section includes a reasonably comprehensive description only if the issues identified above are addressed in the MOU and/or an addendum to the MOU and are imposed as requirements for renewal. 

c.  The Charter School is not Serving all Pupils who Wish to Attend

In accordance with Education Code Section 47607(d), SCCOE requested, received from CDE, and reviewed aggregate data reflecting pupil enrollment patterns at RDP.

REQUESTED ACTION

It is the recommendation of the Charter Schools Department Staff that the RDP Charter be renewed with the addition of the requirement that RDP 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 a requirement that RDP update its LCAP to include how it will address past declines in academic performance, update the RPS Bylaws, the Student/Parent Handbook, and other policies to make them consistent with the Charter, the MOU, and the addendum to the MOU, and additional requirements identified by the SCCBOE.  It is also the recommendation of the Charter Schools Department that the Board adopt a Board Resolution Conditionally Approving the Charter Renewal for Rocketship Discovery Prep 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 Discovery Prep Academy Charter School Charter Renewal if the Requirements Are Not Met, for the period of July 1, 2021, through June 30, 2026.

Student Impact

The Charter School office provides oversight and monitoring for 22 County Board of Education authorized charter schools. RDP was authorized in 2011 and currently serves approximately 500 students.

Administrator

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

Mefula Fairley, Director, Charter Schools Department
 

Background

The charter for Rocketship Rising Stars Charter School (Rising Stars or RRS) expires on June 30, 2021. This charter was initially denied by the Franklin McKinley School District (FMSD) and was approved on appeal to the Santa Clara County Board of Education (SCCBOE) on June 16, 2015, and opened August 2016. RRS currently serves approximately 625 students TK-4 and is seeking an additional five-year term. RRS is located in Franklin McKinley School District (FMSD).

On August 24, 2020, the Charter Schools Office of the Santa Clara County Office of Education (SCCOE) received a petition from Rising Stars seeking renewal of the charter. Education Codes 47607 and 47607.2 determine the length of charter renewal based on high, middle or low performing categories for charter schools established by AB 1505.  Per the California Department of Education AB 1505 charter performance list, Rocketship Rising Stars is deemed a middle performing charter school and is eligible for a five-year renewal term. If the charter is renewed by the Santa Clara County Board of Education (SCCBOE or County Board), the new term of the Charter would begin on July 1, 2021, and run through and including June 30, 2026.  Renewals and material revisions of countywide benefit charters are governed by the standards and criteria set forth in Education Code Sections 47605, 47607, and 47607.2

California Education Code Sections 47605, 47607, and 47607.2 require that “no later than 60 days after receiving a petition” the County Board of Education “shall hold a public hearing on the provisions” of the renewal charter, at which time the County Board of Education shall consider the level of support for the petition by district teachers, other district employees, and parents or guardians.

On September 16, 2020, the County Board held a public hearing on the charter school’s petition for renewal. On September 20 and 21, 2020, SCCOE staff conducted a site visit and held renewal interviews with RRS parents, staff, students, board members and Rocketship network/charter management organization (CMO) leadership.

The Education Code further stipulates that the County Board of Education “shall either grant or deny the renewal charter within 90 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), RRS 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 October 19. 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%20Rising%20Stars%202020%20Renewal%20Petition.pdf  

CRITERIA FOR RENEWAL OF A CHARTER PETITION

A petition submitted for renewal per Education Code Sections 47607 and 47607.2 shall be considered by the governing board upon receipt with all the following requirements:

1. Standards and Criteria in Education Code Section 47605
2. Determination of High, Middle, or Low Performing School Status
3. A Renewal Charter Petition
4. Additional Criteria for Denying a Charter Renewal: School is unlikely to successfully implement the program due to:
   1. Substantial fiscal factors
   2. Substantial governance factors, or
   3. The charter school is not serving all pupils who wish to attend

When requesting renewal of a charter previously approved by the County Board of Education, 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 § 47605, 47607 and 47607.2)

STANDARDS FOR DENIAL OF A CHARTER PETITION RENEWAL

Education Code Section 47605 (b) makes clear that governing boards are to be aware “of the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that establishment of charter schools should be encouraged. The [County Board of Education] shall grant 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.

A charter school is required to meet at least one of the minimum academic performance criteria set forth Education Code Section 47607(b) before receiving a charter renewal.

The SCCBOE is also required to consider increases in pupil academic growth for all the charter school’s students in deciding whether to renew its Charter.  (Ed. Code Section 47607(a)(3)(A).)

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

Due to COVID-19, all statewide testing was canceled for 2019-20.  The academic data reviewed was for 2017-18 and 2018-19.

Staff reviewed Rising Stars' academic performance on the California Assessment of Student Performance and Progress (CAASPP) and the data reflects academic achievement across significant student groups. (SED is Socioeconomically Disadvantaged and SWD is Students with Disabilities).

RRS CAASPP Data

* No score provided as group had less than 11 students.

While Rising Stars 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, socioeconomically disadvantaged, in math.

School Comparison Results for 2018-19 (percentage at or above standard on CAASPP)

*No data presented for the group due to size of group at those grade levels.

RRS California School Dashboard Data for 2019

No Performance Color is given for student groups of less than 30.

RRS’s academic performance data reflects increases in academic achievement schoolwide and across numerically significant student groups.  RRS students perform the same as or above the schools and districts they otherwise would have attended.  Education Code Sections 47607 and 47607.2 require the County Board to consider clear and convincing evidence demonstrated by verified data of measurable increases in academic achievement based on RRS’s students making at least one year of growth for each year of Rising Stars’ charter term.  Data for 2019-20 was not factored into this analysis, as no academic data was produced in 2019-20 due to COVID-19.  As part of the MOU or an addendum to the new MOU, SCCOE Staff recommends that RRS include in its 2021-22 Local Control Accountability Plan (LCAP) how it will continue to address the academic performance of RRS students– specifically the chronic absenteeism and low performing English Learner Progress Indicator.  RRS’s achievement data constitutes clear and convincing evidence of at least one year of growth for each year in school and that evidence, along with RRS’s Dashboard results, support renewal when providing greater weight on measures of academic performance.   

2. Review of the Charter Petition

a. Sound Educational Program

Staff concluded that RMS does provide sufficient information in the Petition to substantiate all the required elements for a sound educational program only if RRS creates and implements plans for addressing academic issues around chronic absenteeism and English Language Development progress.

b. Ability to Successfully Implement the Program

Staff found facts that demonstrate that the Petitioners are likely to successfully implement the program if RRS creates and implements plans for addressing academic declines and correcting the various issues and concerns noted throughout this Staff Analysis and Findings of Fact 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 all the required affirmations other than an explicit statement that RRS shall provide notice of the requirements of Education Code Section 47605(d). While RRS did not add this requirement specifically to its list of affirmations, it did include the required information on the RRS website and the affirmation 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.  However, as indicated in the Staff Analysis and Findings of Fact and in the requirements and conditions on approval, additional specificity and requirements regarding RRS’s operations, including its compliance with the required charter elements, will need to be included in an addendum to the MOU.  This additional information shall include, but not be limited to the following areas: the educational program, governance structure, finances, employee qualifications, racial/ethnic/English learner/special education balance, financial audit, student suspension/expulsion procedures, admissions policies and procedures, and employee rights of return.

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

Since RRS’s Charter was last renewed, a number of new laws have gone into effect, including AB 1505, AB 1507, AB 1219, SB 126, SB 820, and SB 89, which enact broad changes to the Charter Schools Act.  RRS will need to comply with the changes to the law, and the Charter, along with the MOU and terms of an addendum to the MOU as describe above, indicate that RRS will so comply.

3. Additional Criteria for Denying a Charter Renewal:

The school is unlikely to successfully implement the program due to (a) substantial fiscal factors, (b) substantial governance factors, or (c) the charter school is not serving all students who wish to attend:

a.  Substantial Fiscal factors

RRS exhibits a healthy financial position. As of June 30, 2019, RRS had an audited reserve balance of 26.3%. RRS, the Rocketship Network and the Rocketship Public Schools (RPS) Board of Directors have shown strong fiscal oversight. RRS’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 RRS nor did they impact RRS.  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. However, RRS has not fully  complied with SCCOE’s requests, the terms of existing memoranda of understanding between RPS and SCCOE, or the October 19, 2020, MOU which require the individual SCCOE-authorized charter schools to operate as distinct and separate LEAs that each maintain their own set of financial records, distinct from any other school(s) that may be operated by or related to the school, RPS, or any other related entity, and that at all times each charter school submit financial reports as a distinct LEA.  As part of SCCOE’s oversight of the charter school, SCCOE needs to receive monthly site level general ledger or equivalent reports. RRS currently provides only RPS-wide monthly bank statements and bank reconciliations instead of school specific reports.  SCCOE Staff recommends that, as a condition for renewal of the Charter, a term be included in the addendum to the MOU whereby RPS and RRS recommit to these obligations and determine the specifics of a plan for compliance to SCCOE’s satisfaction that includes monthly submission of RRS-site level general ledger or equivalent reports.

b.  Substantial Governance Factors

Rocketship Public Schools has a national Board that also serves as the Board for its California charter schools.  The Board meets seven times per year, approximately every other month at various times during the school day.  The meeting schedule for 2020-21 includes the following dates: August 26 at 12:00 PM, September 16 at 2:00 PM, October 22 at 4:30 PM, December 3 at TBD, February 24 at TBD, April 22 at TBD, and June 10 at TBD.

Meeting agendas are posted on the Rocketship website, albeit not prominently.  In order to locate the agenda, the public must locate the webpage for the Board of Directors, scroll past the 17 board member biographies to the bottom of the page, click a link, and search among several years of meeting agendas.  The agenda offers brief directions for providing public comment, but does not indicate whether interpretation services are available.  There were no public comments at the August 26 and September 16 meetings.  At the October 22 meeting, the directions for public comment were given in English and Spanish, and the Rocketship Board received four comments, two of which were in Spanish and supported by a Spanish-speaking interpreter.  Notably, all the comments were related to the SCCBOE public hearings on the two Rocketship schools renewals.

The Rocketship Board conducted a process for selecting two additional Board members.  Yolanda Bernal Samano and Mai Huong Ho, both seated on the Rocketship National Board in February 2020, are the parents of current Rocketship students.  Both have voted in open session and are Board members with full rights and responsibilities.

The Charter Schools Department Staff believes that the governance section includes a reasonably comprehensive description only if the issues identified in the Staff Analysis and Findings of Fact are addressed in the addendum to the MOU and are imposed as a condition for renewal.    

c.  The Charter School is not Serving all Pupils who Wish to Attend

In accordance with Education Code Section 47607(d), SCCOE requested, received from CDE, and reviewed aggregate data reflecting pupil enrollment patterns at RRS.

REQUESTED ACTION

It is the recommendation of the Charter Schools Department Staff that the RRS Charter be renewed on the conditions that RRS 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, and the other conditions specified in the proposed Board Resolution, as well as any additional conditions identified by the SCCBOE, and adopt the Board Resolution Conditionally Approving the Charter Renewal for Rocketship Rising Stars Charter School, and, Alternatively, Making Written Factual Findings Supporting Denial & Denying the Rocketship Rising Stars Charter School Charter Renewal if the Conditions Are Not Met, for the period of July 1, 2021, through June 30, 2026.

Student Impact

The Charter School office provides oversight and monitoring for 22 County Board of Education authorized charter schools. RRS was authorized in 2015 and currently serves approximately 600 students.

Administrator

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

Mefula Fairley, Director of Charter Schools

Background

Pursuant to Education Code Section 47607(e), the County Board may nonrenew a charter if it finds that the charter school is demonstrably unlikely to successfully implement the program due to substantial fiscal factors, substantial governance factors, or it is not serving all pupils who wish to attend. Education Code Section 47607(e) also provides procedural steps for the County to follow in such cases, including providing at least 30 days’ notice to the charter school of the alleged violation(s) and providing the charter school with a reasonable opportunity to cure the violation(s), including a corrective action plan proposed by the charter school.

The County received Summit Public Schools: Tahoma’s (“SPS-Tahoma”) renewal Charter Petition on October 1, 2020, and the County Board of Education is anticipated to take action on the renewal request on or before January 13, 2021. County Staff has determined that there are substantial fiscal and/or governance factors that could support a finding that SPS-Tahoma is demonstrably unlikely to successfully implement the program set forth in its renewal Charter Petition. These substantial factors include, but are not limited to, the following:

• Failure to ensure parental involvement in governance
• Lack of transparency and accessibility in governance
  • Timing of board meetings
  • Infrequency of board meetings
  • Hindrances to transparency and access

• Conflict of interest issues
  • Conflict of interest code compliance
  • Bylaws noncompliance
• Board member terms
• Location of Board meetings

As such, County Staff recommends that the County Board of Education authorize the issuance and delegate to the County Superintendent or her designee authority to issue a notice or notices to SPS-Tahoma pursuant to Education Code Section 47607(e) and provide SPS-Tahoma a reasonable opportunity to cure the matters raised in the notice(s).

Requested Action

Authorize and delegate authority to the Superintendent or designee to issue a notice(s) to Summit Public Schools: Tahoma pursuant to Education Code Section 47607(e).

Administrator

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

Mefula Fairley, Director of Charter Schools

Background

At each regular Board Meeting, a Charter Schools Update is provided as a standing agenda item.  Topics include, but are not limited to, the following:

Charter School Credentials

As part of the annual oversight and monitoring, an update will be provided on the status of the teacher credentials at the SCCBOE approved charter schools.

Summit Public Schools

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.

Administrator

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

Background

The members of the Board may give reports on activities related to their duties as members of the Santa Clara County Board of Education.

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. 

1. Teacher Housing  (Trustee Mah)
2. Follow Up for Walden West Summer Camp  (Trustee Song)
3. Alternative Education/workforce development/Juvenile Hall (Trustees Ortiz/Kamei)
4. Homeless Youth, Foster Youth and poverty presentation (Trustee Mah)

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  

Administrator

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

Eric R. Dill, 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.

For the first interim reporting period, budget revisions for the month of October 2020 will be presented to the Board at the December 16, 2020 board meeting.

Administrator

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

Eric R. Dill, 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, 2020 - September 30, 2020.

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

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 online curriculum resources are available.

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.

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

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 2020-21 (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 –September 2020
  Provides the status of program budget and financial oversight

   

• In-Kind Contribution Required –September 2020
  Indicates the progress of required matching contribution required by grant ($6,676,866)
   

• Administration Cost Limitation –September 2020
  Limits the amounts of funds charged as development and administrative costs to 15%

   

• Purchase Card Summary –September 2020

  Serves as an oversight check of program expenses

   

• California Child Food Program Summary Reports (USDA) – September 2020
  Serves as an oversight check of program expense

• Enrollment Report –September 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

Gary Waddell, Ed. D., Associate Superintendent, Equity & Educational Progress Division, Public Affairs

Chris Izor, Director of Continuous Improvement and Accountability

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 2020.

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 next Santa Clara County Board of Education regular meeting is scheduled for December 16, 2020.