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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/sccboe121620  or dial 1.669.900.6833, ID:  948 4167 9965#

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 Employee of the Month Recognition highlights the important role of the paraeducator in supporting student achievement. the Employee of the month has demonstrated exceptional skill and dedication in the performance of their job, thereby earning that person the respect and admiration of other students, teachers, administrators, paraprofessionals, co-workers and parents.

Public comments will be conducted via Zoom and can be made at the time the agenda item is addressed at:    https://tinyurl.com/sccboe121620 or dial 1.669.900.6833, ID  948 4167 9965#

Administrator

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

Background

The County Board shall hold an annual organizational meeting in accordance with the law and the provisions of Board Bylaw 9100. At its organizational meeting, the County Board shall elect a President through a process that shall not involve voting by secret ballot or the mail ballot.

Administrator

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

Background

The County Board shall hold an annual organizational meeting in accordance with the law and the provisions of Board Bylaw 9100. At its organizational meeting, the County Board shall elect a Vice President through a process that shall not involve voting by secret ballot or the mail ballot.

Administrator

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

Background

The County Board shall hold an annual organizational meeting in accordance with law and the provisions of Board Bylaw 9100. At its organizational meeting, the County Board shall adopt a yearly calendar for its regular meetings. By Board action, the Board may deviate from its adopted calendar for the convenience of its members or for other reasons. (Education Code 1009.)

Regular meetings of the County Board shall be held at such time and place as members determine, but shall not be held less frequently than one meeting per month. The County Board shall generally hold its meetings at 5:00 p.m., in the San Jose Room of the Santa Clara County Office of Education, 1290 Ridder Park Dr., San Jose. Due to COVID19, it is anticipated that meetings may be held remotely. 

Below are the proposed meeting dates for 2021:

January 13

February 3, 17

March 3, 17

April 7, 21

May 5, 19

June 9, 16

July 21

August 4

September 1, 15

October 6 

November 17

Dec 15

Background

Annually, the Board President makes appointments to the standing County Board Committees in accordance with Exhibit E 9130.  For your reference, attached is the list of those advisory bodies.

Please submit your preferences (1st, 2nd, and 3rd choices) for assignments to these committees.  Attached is a blank list for your submittal.  

Please submit your preferences to the Board President by Monday, January 4, 2021.

Administrator

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

Background

Board Bylaw 9250 requires the Board to approve a list of routine travel items at its annual organizational meeting.  Once the list is approved, travel by County Board members to the meetings designated is considered pre-approved, and members may receive reimbursement for their expenditures.  However, the Board must approve travel items not on this list before travel is initiated by members for travel reimbursement. 

As adopted by the County Board at its annual organizational meeting. The following routine travel for which County Board members may receive reimbursement for their expenditures, are considered to be pre-approved by the County Board and require no further approvals as long as budgeted funds have not been depleted. Reimbursement for any travel costs or other expenditures, including, but not limited to, conference registration not listed herein must

be approved by the County Board before travel is initiated.

1. All regular and special meetings of the County Board.

2. All conferences, meetings, and other official business of the California School Boards Association (CSBA) and the California County Boards of Education (CCBE), including the Asian Pacific Islander School Board Members Association (APISBMA), California Latino School Boards Association (CLSBA), and the California Coalition of Black School Board Members (CCBSBM).

3. Official business of the Santa Clara County School Boards Association.

4. Travel within Santa Clara County when on official business for the County Board.

5. Meetings/functions sponsored by the Santa Clara County Office of Education.

6. The Annual National School Boards Association (NSBA)

      7. The Annual EdSource Forum on California Education Policy.

8. The Annual Conference of the National Association of Charter School Authorizers

9. Activities of professional organizations for which the County Board has subscribed membership.

Administrator

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

Requested Action

Approve Minutes of the regular board meeting of November 18, 2020 (#2272).

Administrator

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

Steve Olmos, Assistant Superintendent, Student Services & Support Division

Background

Code Section 52064.1 requires that county offices of education (COE’s), school districts, and charter schools (LEA’s) develop the Local Control Funding Formula Budget Overview for Parents (BOP) in conjunction with the Local Control Accountability Plan (LCAP) by July 1 of each year.

Senate Bill (SB) 98 established Education Code Section 43509 that replaced the 2020-21 LCAP and Annual Update to the LCAP with the Learning Continuity and Attendance Plan (LCP). This Ed Code also changed the adoption date of the 2020-21 Budget Overview for Parents to December 15, 2020, in conjunction with the LEA’s 1^st Interim Budget Report. The statute requires the BOP to use language that is understandable and accessible to parents in order to provide transparency. This BOP is for the 2020-21 school year.

The Local Control Accountability Plan (LCAP) and Budget Overview for Parents (BOP) will return to the regular adoption cycle of June for the following 2021-22 school year.

Current Status

The SCCOE’s Parent Budget Overview was developed with guidance from the California Department of Education and utilized the process and template adopted by the State Board of Education.

Administrator

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

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

Background

January 30th is nationally recognized as Fred Korematsu Day of Civil Liberties and the Constitution. The Santa Clara County Office of Education is honoring the life and civic engagement of Fred T. Korematsu.

Student Impact

Civic engagement and education is promoted throughout the county and the Santa Clara County Office 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

Background

The Board adopts the certifications of signature(s) of person or persons authorized to sign, in the absence of the County Superintendent of Schools, for orders drawn on the funds of the Santa Clara County Office of Education, notices of employment and contracts in accordance with the provisions of Education Code Sections 42632 and 42633.

ADMINISTRATOR

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

Mefula Fairley, Director of Charter Schools

BACKGROUND

The charter for ACE Empower Academy Charter School (ACE Empower or ACE) expires on June 30, 2021. This charter was initially denied by the Alum Rock Union School District (ARUSD).  On November 11, 2007, it was approved on appeal to the Santa Clara County Board of Education (SCCBOE) and opened August 2008. The ACE charter was materially changed in 2010 to modify the open enrollment period, and it was renewed in 2010 and 2016.  ACE currently serves approximately 250 students in grades 5-8 and is seeking an additional five-year term.   ACE is located in Alum Rock Union School District (ARUSD).

On September 18, 2020, the Charter Schools Office of the Santa Clara County Office of Education (SCCOE) received a Petition from ACE Empower seeking renewal of the charter. Education Codes 47607 and 47607.2 determine the length of charter renewal based on a school's designation as a “high”, “middle”, or “low” performance category school, as established by AB 1505. Per the California Department of Education (CDE) AB 1505 charter performance list, ACE Empower Academy 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 will 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 which 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 October 7, 2020, the County Board held a public hearing on the charter school’s petition for renewal. On October 8 and 9, 2020, SCCOE staff conducted a renewal visit and held stakeholder interviews with ACE parents, staff, students, board members and leadership from ACE Charter Schools network/charter management organization (ACE CMO or Network) leadership.  The Education Code further states the County Board “shall either grant or deny the renewal charter within 90 days of receipt of the renewal petition.  However, this date may be extended by an additional 30 days if both parties agree to the extension."

Per Board Policy 0420.4, SCCOE, ACE and ACE CMO developed a Memorandum of Understanding (MOU), which governs the fiscal, operational and administrative responsibilities, as well as legal relationships.  Any matters requiring clarification or not otherwise addressed or resolved by the terms of the Charter, deficienceis in the Charter , or any 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 November 9, 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/ACE%20Empower%20-%20Renewal%20Charter%20Petition%202021-26.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. Performance Criteria - High, Middle, or Low Tier Status
2. Standards and Conditions Applicable to Charter Schools
3. Substantial Fiscal or Governance Factors, or Failure to Serve all Students 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. (Education Code Section 47605, 47607 and 47607.2)

1. PERFORMANCE CRITERIA - HIGH, MIDDLE, OR LOW TIER STATUS

Education Code Sections 47607 and 47607.2, require a determination of whether a charter school seeking renewal is in the High, Middle, or Low Performance category based on academic performance results. ACE Empower Academy is designated Middle Performing, as per the California Department of Education (CDE) charter school performance list.  Any school not deemed high or low performing is eligible to be considered for a 5-year renewal term. In determining whether to renew the charter, the chartering authority is to consider:

(A) Performance on the state and local indicators on the Dashboard, giving greater weight to measurements of academic performance

(B) Clear and convincing evidence based on verified data showing either:

i. The school achieved measurable increases in academic achievement, defined by at least one year of growth for each year of school, OR

ii. Strong post-secondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers.

The chartering authority may deny a middle performing school on these bases only by making written factual findings that the school:

(A) Failed to meet or make sufficient progress toward meeting standards that provide a benefit to the pupils of the school;

(B) Closure of the school is in the best interest of pupils; AND

(C) If applicable, that the decision provided greater weight to performance on measurements of academic performance.

2. STANDARDS AND CONDITIONS APPLICABLE TO CHARTER SCHOOLS

A renewal charter shall be governed by the standards and criteria described in Education Code Section 47605. Education Code Section 47605(c) establishes 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 the establishment of charter schools should be encouraged. The [County Board of Education] shall grant a [renewal] charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposed to locate,” though, as described below, the renewal process does include additional considerations and standards.

Education Code Section 47605 specifies that the County Board of Education may deny a renewal petition only 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).

3. SUBSTANTIAL FISCAL OR GOVERNANCE FACTORS, OR FAILURE TO SERVE ALL STUDENTS

Any charter school may be nonrenewed if the County Board of Education finds it is demonstrably unlikely to successfully implement the program due to:

1. 1. Substantial fiscal factors
   2. Substantial governance factors, or
   3. The charter school is not serving all pupils who wish to attend

REVIEW OF ACE RENEWAL PETITION

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

1. Performance Criteria of High, Middle, and Low Tier Status

The California Department of Education (CDE) reviewed all the Charter Schools and created a High, Middle, or Low performance ranking. Per the CDE, ACE Empower is considered as Middle performing.

a.  Academic Growth Indicators

Due to COVID-19, all statewide testing was canceled for 2019-2020. The academic data reviewed was for 2017-18 and 2018-19.

Staff reviewed ACE Empower’s academic performance on the California Assessment of Student Performance (CAASPP) and the data reflects academic achievement across significant student groups. (SED is Socioeconomically Disadvantaged and SWD is Students with Disabilities)

ACE CAASPP Trend Data -  Percentage of students at or above standard in ELA and Math

While in some areas, ACE Empower students perform the same as or below students in the schools or districts they otherwise would have attended (see table below), there are also declines in performance for all numerically significant student groups in both ELA and Math.  In the table below, ACE is colored blue. The other scores are color coded (1) green when the comparison school or district outperforms ACE; or (2) red when ACE outperforms the comparison school or district.

           School Comparison Results for 2018-2019 (percentage at or above standard on CAASPP)

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

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

On the California Dashboard, all the Dashboard indicators are Yellow, Orange and Red as ACE showed decreases in English Language Arts and Math overall and in all student groups. Chronic absenteeism is Yellow with a decline of 2.2% from the prior year with declines in all student groups. In the area of suspension rate, all students increased by 2.2% from the prior year and students in the SED group increased by 3%. In the English Learner Progress Indicator, ACE Empower was in the medium performance category with 49% making progress, but ACE Empower also had 22.2% of EL students decrease at least one level in EL progress.

                  ACE Student Group Report for 2018 and 2019 per the California School Dashboard

SCCOE considered the available data and evidence from 2016-17, 2017-18, and 2018-19 to determine whether growth has been made. During the annual visit, observation data did show improvement in school leadership and classroom instruction. This observational data is consistent with the internal academic data shared by ACE. Therefore, when taken as a whole, ACE has shown that students are able to make at least one year’s progress for every year they are at ACE and as part of an addendum to the MOU, SCCOE Staff recommends that ACE include in its 2021-22 Local Control Accountability Plan (LCAP) how it will continue to address the academic performance of ACE students. If those terms are included in an addendum to the MOU and ACE 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, ACE’s achievement data supports renewal because the performance indicates that ACE has made progress that provides a benefit to its pupils and closure is not in the best interest of pupils.

2. Standards and Conditions Applicable to Charter Schools

a. Sound Educational Program

The Charter Schools Department Staff concluded the ACE renewal Petition provides sufficient information to substantiate the required elements for a sound educational program provided that academic performance issues are remediated through the LCAP and provisions in the addendum to the MOU.

b. Ability to Successfully Implement the Program

Staff found facts demonstrating the Petitioners are likely to successfully implement the program if ACE creates and implements plans for addressing academic declines and correcting the various issues and concerns noted throughout the Staff Analysis and Findings of Fact through an addendum to the MOU.

c. Affirmations of each of the conditions required by statute

Staff found the Petition contains all the required affirmations other than an explicit statement that ACE shall provide notice of the requirements of Education Code Section 47605(d) in the form developed by the California Department of Education, which notice shall be posted on ACE’s internet website, and ACE shall provide a parent or guardian a copy of this notice at all the following times:

(i) When a parent, guardian, or pupil inquires about enrollment.

(ii) Before conducting an enrollment lottery.

(iii) Before disenrollment of a pupil.

The mandatory notice was not readily found on ACE’s website, and ACE should immediately update its website to include this notice. ACE must also include this affirmation in an addendum to the MOU as well as in its Student/Parent Handbook.

d. Reasonably Comprehensive Description of the Required Elements

Staff found the Petition provides a sufficiently comprehensive description of the required elements for approval, though, as indicated in the Charter and in the Staff Analysis, additional specificity and requirements governing ACE’s operations, including its compliance with the required charter elements, have been included in the MOU and/or will need to be included in an addendum to the MOU among SCCOE, ACE Empower, and its governing entity/CMO, ACE Charter.  These elements include, but are not limited to, educational program; measurable student outcomes; employee qualification; health and safety; racial/ethnic, English learner, and special education balance; student suspension/expulsion procedures; and employee retirement system.

e. Exclusive Employer

As required by the Charter Schools Act, the Charter specifies that ACE Charter Schools shall be deemed the exclusive public employer of the employees of the Charter School for the purposes of Educational Employment Relations Act (“EERA”). SCCOE staff notes that the statement to this effect in the “Affirmations and Declarations” section in the Charter was inadvertently left blank, but the requisite statement is included in the Labor Relations section of the Charter.

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 ACE’s Charter was initially approved, a number of new laws have gone into effect, including AB 1505, AB 1507, AB 1219, SB 126, SB 820, and SB 98, which enact broad changes to the Charter Schools Act. ACE will need to comply with these changes to the law. The Charter, along with the MOU and terms of an addendum to the MOU as described above, indicate that ACE will so comply.

3. Substantial Fiscal or Governance Factors, or Failure to Serve All Students

If a School is 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 the charter school shall be provided a prior notice a specific opportunity to create a corrective action plan.

a. Substantial fiscal factors

ACE exhibits a healthy financial position. As of June 30, 2019, ACE had an audited reserve balance of 8%. ACE, the ACE CMO, and the ACE Board of Directors have shown strong fiscal oversight. ACE’s Independent Auditor’s 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. In addition, there were no identified deficiencies, or material weaknesses, noted regarding internal controls over financial statements and internal control over compliance for fiscal year 2018-19.  All fiscal reports as required by law and the SCCOE have been received on a timely basis.  ACE maintains and implements sound fiscal policies and procedures, including, but not limited to, internal controls governing all financial and business-related activities.

b. Substantial governance factors

The Charter Schools Department Staff believes this section includes a reasonably comprehensive description.

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 ACE.

REQUESTED ACTION

The Charter Schools Department Staff reviewed the renewal Petition for ACE utilizing the criteria for charter approval set forth in Education Code Sections 47605, 47607 and 47607.2.

It is the recommendation of the Charter Schools Department Staff that the ACE Charter be renewed on the conditions that ACE Empower and ACE CMO 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 ACE Empower Charter School, and, Alternatively, Making Written Factual Findings Supporting Denial & Denying the ACE Empower 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 Department provides oversight and monitoring for 22 County Board of Education authorized charter schools. ACE was authorized in 2007 and currently serves approximately 250 students.

ADMINISTRATOR

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

Mefula Fairley, Director of Charter Schools

BACKGROUND

The charter for Downtown College Prep-Alum Rock Charter School (Downtown College Prep or DCP) expires on June 30, 2021. This charter was initially denied by the East Side Union High School District (ESUHSD).  On November 18, 2009, it was approved on appeal to the Santa Clara County Board of Education (SCCBOE) and opened in August 2011.  DCP currently serves approximately 700 students in grades 6-12.  DCP's middle school grades (6-8) are located in the Alum Rock Union School District (ARUSD) on the Ocala Middle School Campus, and grades 9-12 are located in the East Side Union High School District (ESUHSD) on the Independence High School Campus. 

On September 25, 2020, the Santa Clara County Office of Education (SCCOE) received a petition from Downtown College Prep seeking renewal of the charter for an additional five-year term. Education Code Sections 47607 and 47607.2 determine the length of charter renewal based on a school's designation as a  high, middle, or low performance category school, as established by AB 1505. Per the California Department of Education AB 1505 charter performance list, Downtown College Prep Alum Rock is deemed a middle performance category charter school and is eligible for a five-year renewal term. If the DCP charter is renewed by the Santa Clara County Board of Education (SCCBOE or County Board), the new term of the Charter will 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 California Education Code Sections 47605, 47607, and 47607.2 which 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 October 21, 2020, the County Board of Education held a public hearing on the charter school’s petition for renewal. On November 2, 3, and 4, 2020, SCCOE staff conducted a site visit and held renewal interviews with DCP parents, staff, students, board members and leadership from Across the Bridge Foundation network/charter management organization (CMO).  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, Across the Bridge Foundation (ABF), DCP and SCCOE developed a "Memorandum of Understanding" (MOU) which addresses SCCOE’s best practices regarding fiscal, operational and administrative responsibilities, as well as 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 be addressed in an addendum to the MOU after the SCCBOE has taken action. This MOU was signed by the petitioner on November 30, 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/DCP%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. Performance Criteria - High, Middle, or Low Tier Status 
2. Standards and Conditions Applicable to Charter Schools 
3. Substantial Fiscal or Governance Factors, or Failure to Serve all Students 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. (Education Code Section 47605, 47607 and 47607.2)

1. Performance Criteria - High, Middle, or Low Tier Status 

Education Code Sections 47607 and 47607.2, require a determination of whether a charter school seeking renewal is in the High, Middle, or Low Performance category based on academic performance results. DCP is designated as a Middle Performance school on the California Department of Education's (CDE) charter school performance list. Any school not deemed high or low performing is eligible to be considered for a 5-year renewal term. In determining whether to renew the charter, the chartering authority is to consider:

(A) Performance on the state and local indicators on the Dashboard, giving greater weight to measurements of academic performance

(B) Clear and convincing evidence based on verified data showing either:

i. The school achieved measurable increases in academic achievement, defined by at least one year of growth for each year of school, OR

ii. Strong post-secondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers.

The chartering authority may deny a middle performing school on these bases only by making written factual findings that the school:

(A) Failed to meet or make sufficient progress toward meeting standards that provide a benefit to the pupils of the school;

(B) Closure of the school is in the best interest of pupils; AND

(C) If applicable, that the decision provided greater weight to performance on measurements of academic performance.

2. Standards and Conditions Applicable to Charter Schools 

A renewal charter shall be governed by the standards and criteria described in Education Code Section 47605. Education Code Section 47605(c) establishes 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 the establishment of charter schools should be encouraged. The [County Board of Education] shall grant a [renewal] charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposed to locate,” though, as described below, the renewal process does include additional considerations and standards.

Education Code Section 47605 specifies that the County Board of Education may deny a renewal petition only 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).

3. Substantial Fiscal or Governance Factors, or Failure to Serve all Students 

Any charter may be nonrenewed if the County Board of Education finds it is demonstrably unlikely to successfully implement the program due to:

1. 1. Substantial fiscal factors
   2. Substantial governance factors, or
   3. The charter school is not serving all pupils who wish to attend

REVIEW OF DCP RENEWAL PETITION

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

1. Performance Criteria of High, Middle, and Low Tier Status 

The California Department of Education (CDE) reviewed all the Charter Schools and created a High, Middle, or Low performance ranking.  Per the CDE, DCP Alum Rock is considered as Middle performing.

a. Academic Growth Indicators

Due to COVID-19, all statewide testing was canceled for 2019-2020. The academic data reviewed was for 2017-18 and 2018-19.

Staff reviewed Downtown College Prep’s 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; SWD is Students with Disabilities)

DCP CAASPP Trend Data- Percentage of students at or above standard in ELA and Math

The table above reflects the subgroup data over the last four years. In ELA, students in the Hispanic group showed an increase while students in the SWD, SED, and EL groups showed decreases. In Math, students in SWD and Hispanic groups showed an increase while SED and EL groups showed decreases. 

In the table below, DCP is colored blue. The other scores are color coded (1) green when the comparison school or district outperforms DCP; or (2) orange when DCP outperforms the comparison school or district.

        School Comparison Results for 2018-2019 (percentage at or above standard on CAASPP)

On the California Dashboard, many of the 2018-19 Dashboard indicators are Yellow even though DCP showed increases in English Language Arts and Math overall and in all student groups. Chronic absenteeism is Yellow with a decline of 2.2% from the prior year with declines in all student groups. In the area of suspension rate, all students increased by 2.2% from the prior year and students in the SED group increased by 3%. In the English Learner Progress Indicator, Downtown College Prep was in the Low performance category with 46.2% making progress, but Downtown College Prep also had 29.3% of EL students decrease at least one level in EL progress.

                    No performance color or NPC was provided as the student group had less than 30 students.

b.  Post-Secondary Indicators

On the California Dashboard, DCP Alum Rock students were Green in the College and Career indicator. This indicator reviews school data to determine whether DCP graduates are prepared to enter college.  For DCP, 50% of the graduates were prepared to enter college on the 2019 Dashboard, which was an increase of 13.4% from the prior year.  Students in the Hispanic student group were also Green in this indicator with 47.5% prepared for college, an increase of 11.1% over the prior year and students in the SED student group also were in the Green performance level, with 51.7% prepared for college, an increase of 13.4% over the prior year.

                  2017-18 College-Going Rate for California High School Students

*SCCOE includes the college-going rate for high school students attending schools authorized by SCCOE

                         DCP Cohort Graduates Meeting UC/CSU Course Requirements

2019-20 data is pending.  Data retrieved from www.ed-data.org

*SCCOE includes the college-going rate for high school students attending schools authorized by SCCOE

Education Code Sections 47607 and 47607.2 require the County Board of Education to consider clear and convincing evidence demonstrated by verified data of measurable increases in academic achievement based on DCP’s students making at least one year of growth for each year of Downtown College Prep’s charter term or strong post-secondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers. Data for 2019-20 was not factored into this analysis, as no academic data was produced in 2019-20 due to COVID-19.

SCCOE considered the available data and evidence from 2016-17, 2017-18, and 2018-19. As part of an addendum to the MOU, SCCOE Staff recommends that DCP be required to include in its future Local Control Accountability Plan (LCAP) how it will continue to address the academic performance of DCP students – specifically the mixed results and declines in ELA and Math, the suspension indicator, the chronic absenteeism indicator, and the low performing English Learner Progress indicator. If those terms are included in an addendum to the MOU and DCP continues to address these academic performance concerns, giving greater weight to academic measures for all groups of pupils and considering increases in academic achievement and its strong post-secondary outcomes, DCP’s achievement data supports renewal because student performance indicates DCP has made progress that provides a benefit to its pupils, and closure is not in the best interest of pupils.

2. Standards and Conditions Applicable to Charter Schools

a. Sound Educational Program

Staff concluded the DCP renewal Petition provides sufficient information to substantiate the required elements for a sound educational program provided academic performance issues are remediated through the LCAP process, provisions in an addendum to the MOU, and DCP complete, submit, and implement its EL Master Plan.

b. Ability to Successfully Implement the Program

Staff found facts demonstrating the Petitioners are likely to successfully implement the program if DCP creates and implements plans for addressing academic declines and correcting the various issues and concerns noted in the Staff Analysis and Findings of Fact through an addendum to the MOU.

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 DCP shall provide notice of the requirements of Education Code Section 47605(d) which notice shall be posted on DCP’s internet website, and DCP shall provide a parent or guardian a copy of this notice at all the following times:

(i) When a parent, guardian, or pupil inquires about enrollment.

(ii) Before conducting an enrollment lottery.

(iii) Before disenrollment of a pupil.

The mandatory notice was not readily found on DCP’s website, and DCP should immediately update its website to include this notice. DCP must also include this affirmation in an addendum to the MOU as well as in its Student/Parent Handbook.

d. Reasonably Comprehensive Description of the Required Elements

Staff found the Petition provides a sufficiently comprehensive description of the required elements for approval, though, as indicated in the Charter and in the staff analysis, additional specificity and requirements governing DCP’s operations, including its compliance with the required charter elements, have been included in the MOU and/or will need to be included in an addendum to the MOU among SCCOE, DCP Alum Rock, and its governing entity/CMO, ABF.

e. Exclusive Employer

As required by the Charter Schools Act, the Charter specifies ABF shall be deemed the exclusive public employer of the employees of the Charter School for the purposes of Educational Employment Relations Act (“EERA”).

f. Requirements for Grade-Levels Served, Facility Location, and Students Served

Staff found the Petitioners are able to meet the requirements for grade levels served, facility location, and students served.

g. Other Criteria in Statute

Since DCP’s Charter was initially approved, a number of new laws have gone into effect, including AB 1505, AB 1507, AB 1219, SB 126, SB 820, and SB 98, which enact broad changes to the Charter Schools Act. DCP will need to comply with these changes to the law. The Charter, along with the MOU and terms of an addendum to the MOU as described above, indicate that DCP will so comply.

3. Substantial Fiscal, Substantial Governance Factors, or Failure to Serve all Students 

If a school is 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, the charter school shall be provided prior notice and a specific opportunity to create a corrective action plan:

a. Substantial fiscal factors

DCP exhibits a healthy financial position. As of June 30, 2019, DCP had an audited reserve balance of 44%. DCP, the DCP Central Office, and the ABF Board of Directors have shown strong fiscal oversight. DCP’s Independent Auditor’s 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. In addition, there were no identified deficiencies, or material weaknesses, noted regarding internal controls over financial statements and internal control over compliance for fiscal year 2018-19. All fiscal reports as required by law and the SCCOE have been received on a timely basis. DCP maintains and implements sound fiscal policies and procedures, including, but not limited to, internal controls governing all financial and business-related activities.

b.  Substantial governance factors

The Charter Schools Department Staff believes this section includes a reasonably comprehensive description only if the issues identified above are addressed in an addendum to the MOU and are imposed as conditions 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 DCP.

REQUESTED ACTION

Charter Schools Department Staff recommends the DCP Charter be renewed with the conditions that DCP  and ABF enter into an Addendum to the MOU with SCCOE to address Staff’s concerns, including those specifically reviewed in the Staff Analysis and Proposed Findings of Fact, as well as any additional conditions identified by the SCCBOE, and adopt the Board Resolution Conditionally Approving the Charter Renewal for DCP Alum Rock Charter School with the Addition of Conditions Pursuant to Education Code Section 47605, and, Alternatively, Making Written Factual Findings Supporting Denial & Denying the DCP Alum Rock 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 Department provides oversight and monitoring for 22 County Board of Education authorized charter schools. DCP was authorized in 2010 and currently serves approximately 700 students.

Administrator

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

Eric R. Dill, Chief Business Officer

Stephanie Gomez, Director, Internal Business Services

Background

This report reflects budget revisions for the month of October 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 October 2020, expenditure budgets were increased by $15,372,728; revenue was increased by $9,674,431; carryover was decreased by $3,034,427; and fund balance was decreased by $2,663,870.

Fiscal Implications

Restricted funding in the amount of $7.45 million has been received to support the following initiatives: 

• $5.5M Inclusive Early Education Expansion Program to increase access to inclusive early learning and care programs (IEEEP).
• $1M COVID-19 Security Funds from the County of Santa Clara to assist schools with continued food distribution to students countywide.
• $954k City of San Jose Family Scholarship Funds from First 5 Santa Clara County to assist Family Child Care Home (FCCH) Providers within the City of San Jose that have been impacted by COVID-19.

Student Impact

Students and families throughout the County of Santa Clara will directly benefit from increased access to inclusive early learning and care programs, food security, and access to Family Child Care Home (FCCH) providers in the City of San Jose.

Requested Action

Approve the Budget Revisions for the Month of October 2020.

Administrator

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

Eric R. Dill, Chief Business Officer

Stephanie Gomez, Director, Internal Business Services

Background

This report reflects budget revisions for the month of November 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 November 2020, expenditure budgets were increased by $5,525,620 and revenue was increased by $5,525,620.

Fiscal Implications

Restricted funding in the amount of $5 million has been received in direct response to address the significant challenges that families face due to COVID-19 to access high quality in Santa Clara County. SCCOE in partnership with First 5 Santa Clara County (FIRST 5), the City of San Jose and the Santa Clara County Board of Supervisors will provide a one-time $10,000 stabilization payment to Family Child Care Homes to stabilize child care.

Student Impact

Students and families throughout the County of Santa Clara will directly benefit from increased access to high quality Family Child Care Home providers.

Requested Action

Approve the Budget Revisions for the Month of November 2020.

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

Education Code Section 1240(l)(1)(A)(B) requires that the County Office of Education submit two reports during the fiscal year to the County Board of Education.  The first report shall cover the actual revenues and expenditures of the County Office of Education for the period from July 1 through October 31, and update projections for the balance of the year.  The second report shall cover the period ending January 31, and update projections for the balance of the year.  Both reports shall be reviewed by the County Board of Education and approved by the County Superintendent no later than 45 days after the close of the period being reported.  As part of each report, the County Superintendent shall certify in writing whether or not the County Office of Education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. 

This First Interim Financial Report, following the Standards and Criteria as set forth by the State of California, reports that the Santa Clara County Office of Education is able to maintain a Positive Certification as to its financial condition.

Fiscal Implications

None

Student Impact

None

Requested Action

Recommend approval of the 2020-21 First Interim Financial Report.

Background

California Education Code 1090 provides that, "On an annual basis, the County Board of Education may increase the compensation of individual board members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the monthly rate of compensation and in accordance with County Board Bylaw 9250.  Any increase made pursuant to this section shall be effective upon approval by the County Board of Education."

Fiscal Implications

Increasing the board compensation, effective January 1, 2021, would increase current board compensation from $962.66 to $1,010.79 per month.  This is an increase of $48.13 per month per member and an increase of $577.56 per year per member.  If all board members elect to take the increase, it would be a budget increase of $4,042.92 per year for all seven members.

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:

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. Alternative Education/workforce development/Juvenile Hall (Trustees Ortiz/Kamei)
3. 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  

Upcoming Committees

There were no Committee meetings since the last board meeting, and therefore there are no board member committee reports.

Administrator

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

Steve Olmos, Ed.D., Assistant Superintendent, Student Services & Support Division

Background

As per the Head Start Act, all Head Start agencies are required to provide program information to the Board of Education. Attached are the following reports:

• Program Information Report 2020-21 (PIR) - October 2020
  Provides information on progress of services provided to children and families to meet required timelines as per specific indicators and thresholds

• Financial Report – HS Basic/EHS Basic Total Grant Award –October 2020

  Provides the status of program budget and financial oversight

   

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

• Administration Cost Limitation –October 2020

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

   

• Purchase Card Summary –October 2020

  Serves as an oversight check of program expenses

   

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

• Enrollment Report –October 2020
  Summarizes the year to date enrollment activity in the Head Start Program to comply with enrollment requirements

Student Impact

The Head Start/Early Head Start Program is federally funded to serve 1,946 children, ages 0-5, from very low-income families to promote their school readiness by enhancing their cognitive, social, and emotional development. These services are provided in Santa Clara and San Benito Counties.

Administrator

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

Background

Annually, at the organizational meeting, the County Board of Education shall announce that the County Superintendent of Schools is the secretary and executive officer of the County Board of Education.

The next Santa Clara County Board of Education regular meeting is scheduled for January 13, 2021