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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/SCCBOE2021 or dial 1.669.900.6833, ID: 981 5306 9105

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 5.5 or as prompted. 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. Jeanine Bura a Special Education Teacher at Gateway School, is being honored as April’s Employee of the Month for her extraordinary work.

Public comments will be conducted via Zoom and can be made at the time the agenda item is addressed at:  https://tinyurl.com/SCCBOE2021 or dial 1.669.900.6833, ID:  981 5306 9105   

Administrator

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

Background

Administrator

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

Background

Administrator

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

The Board will meet in Closed Session to consider the following item:

CONFERENCE WITH LEGAL COUNSEL − ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 2 cases

Report of Actions Taken in Closed Session

Administrator

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

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

Background

May is National Foster Care Awareness Month, a month set aside to acknowledge foster parents, family members, volunteers, mentors, policymakers, child welfare professionals, and other members of the community who help children in foster care find permanent homes, healthy connections, and the resources to lead a successful and rewarding life.

Student Impact

The many services offered by the SCCOE contribute to supporting students who are foster youth and assist in meeting the office's efforts to provide inclusive, equitable access to high quality education for all students.

Administrator

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

Requested Action

Approve Minutes of the regular board meeting of March 17, 2021 (#2278).

Administrator

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

Background

The following donation was made to the Santa Clara County Office of Education:

Fiscal Implications

The above donation will be accepted for the Educator Preparation Program department.

Student Impact

The above donation will provide support to the Educator Preparation Program to purchase books and other reference materials for student's curriculum. 

Background

The charter for Opportunity Youth Academy (OYA) Charter School expires on June 30, 2021. This charter was approved as a dependent countywide benefit charter by the Santa Clara County Board of Education (SCCBOE) in August 2016.  Material Revisions were also approved in 2017, 2018 and 2019 modifying graduation requirements, adding locations and formalizing a governance council, respectively.  OYA currently serves approximately 330 students aged 16-24 in grades 9-12. OYA has six classrooms located in East Side Union High School District (ESUHSD), Milpitas Unified School District (MUSD), San Jose Unified School District (SJUSD), and Gilroy Unified School District (GUSD).  OYA is seeking an additional five-year term.

On January 11, 2021, the Charter Schools Office of the Santa Clara County Office of Education (SCCOE) received a petition from OYA seeking renewal of the charter. AB 1505, codified in California Education Code Sections 47607 and 47607.2, determines the length of a charter renewal term for traditional, or non-alternative, schools based on a school’s placement in a high, middle, or low performance category, unless the school is Dashboard Alternative School Status (DASS). OYA is a DASS school. Thus, school performance and growth are measured by the California School Dashboard indicators as well as other alternative metrics applicable to the population served by the school. The renewal term for a DASS school is five years. If OYA is renewed by the Santa Clara County Board of Education (SCCBOE or County Board), the new Charter term would begin on July 1, 2021, and run through and including June 30, 2026. Renewals and material revisions of countywide charters are governed by the standards and criteria set forth in Education Code Sections 47605.6, 47607, and 47607.2.

On February 3, 2021, the County Board held a public hearing on the charter school’s petition for renewal in accordance with the requirement to do so within 60 days of receipt of the renewal charter petition.  On February 5 and 8, 2021, SCCOE staff conducted a renewal site visit and held stakeholder interviews with OYA, staff, students, leadership and governance council members.

Per Education Code Sections 47605.6, 47607 and 47607.2, the County Board has 90 days from receipt of the renewal petition to act, which may be extended by an additional 30 days by mutual written agreement. There is no appeal to the State Board of Education if the County Board denies or fails to act on a request for renewal of a countywide charter.

As per Board Policy 0420.4, OYA and SCCOE developed a "Memorandum of Understanding" (MOU) which addresses SCCOE’s best practices regarding the respective fiscal, operational, and administrative responsibilities, and legal relationships. Any other matters not otherwise addressed or resolved by the terms of the Charter, deficiencies in the Charter, or any requirements or conditions which may be imposed by SCCBOE will need to be addressed in an addendum to the MOU after the SCCBOE has taken action.  This MOU was signed by the petitioner on March 10, 2021.

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/OYA%20Charter%20Renewal%20Petition%202021.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, Low Performance Categories or DASS Program 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.  (Ed. Code § 47605.6, 47607 and 47607.2)

1. Performance Criteria – High, Middle, Low Performance Categories or DASS Program 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 performance results unless the school has been designated as a DASS school. OYA is a DASS School as of October 2020.

Dashboard Alternative School Status (DASS): Any school that serves high risk students in an alternative setting may request from the California Department of Education (CDE) to be identified as a DASS school. The renewal criteria and considerations applicable to the High, Middle, or Low performance categories do not apply to DASS charter schools. Rather, in deciding whether to renew a DASS school’s charter, the chartering authority is to consider the charter school’s performance on the Dashboard plus the school’s “performance on alternative metrics applicable to the charter school based on the pupil population served.”  The DASS charter school and the chartering authority will work together to establish the appropriate alternative renewal metrics during the first year of the charter term. DASS schools are eligible for a 5-year renewal term.

2. Standards and Conditions Applicable to Charter Schools

A countywide renewal charter shall be governed by the standards and criteria described in Education Code Section 47605.6. Education Code Section 47605.6(b) establishes that the County Board of Education may grant a charter renewal for the operation of a countywide charter “only if it is satisfied that granting the charter is consistent with sound educational practice.” The County Board may impose any additional requirements it considers necessary for the sound operation of the countywide charter school and as described above, the renewal process includes additional considerations and standards.

Education Code Section 47605.6 specifies that the County Board of Education shall deny a renewal petition if it finds one or more of the following:

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 a reasonably comprehensive description of all the required elements

5. The petition does not contain a declaration of whether the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of the Educational Employment Relations Act (EERA)

6. Any other basis that the county board of education finds justifies the denial of the petition

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 OYA RENEWAL 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. Performance Criteria - High, Middle, Low Performance Categories or DASS School 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 unless the school is a DASS school.  As stated above, OYA is a DASS school as it serves high risk students in an alternative setting.  DASS schools utilize the California Schools Dashboard and alternative metrics to determine the renewal criteria for the school.

a. Determination of Academic Performance

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

The chart below shows OYA’s performance on the California Dashboard for 2018 and 2019. College and Career Readiness is Red with a 0.5% increase in readiness. On the English Learner Progress Indicator, OYA was in the Low performance category with 47.7% making progress toward English language proficiency, which is a 4% increase from 2018. OYA’s graduation rate was also Red, but increased from 25.7% to 33.8%.

                   OYA Student Group Report for 2019 the California School Dashboard

Staff reviewed OYA’s academic performance on the California Assessment of Student Performance and Progress (CAASPP) and the data reflects academic achievement across significant student groups.  In the chart below SED represents Socioeconomically Disadvantaged and SWD represents Students with Disabilities.

OYA CAASPP Trend Data – Percentage of students at or above standard in ELA and Math

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

The table above reflects the student group data over the last four years.  In ELA and Math, students showed mixed results across the charter term, but increases in ELA from 2017-18 to 2018-19.

As OYA is a DASS school and serves a unique and specific population, comparison to the districts or schools OYA students otherwise would have attended is not appropriate in most.  Two DASS schools, Broadway (San Jose Unified) and Apollo (East Side Union High), from the two districts in which most OYA students reside, are provided for comparison as appropriate.  OYA students perform the same as or above Broadway and Apollo.  In the table below, information for OYA is highlighted in blue. Data for the comparison schools are highlighted green for student groups who outperform OYA. Data highlighted in red indicates the student group at OYA outperforms the same group at the comparison school.

 
                     Comparison of Percentage of Students Scoring At or Above Standard on 2019 CAASPP

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

Graduation Preparation Data

Having been disengaged in and pushed out of school, OYA’s student population, similar to that of most other DASS schools, predominantly enters OYA credit deficient. To accommodate students’ needs, OYA offers three graduation tracks: 130 units, 200 units, and 220 units. Table 10, below, shows the average number of credits upon entry to OYA as well as the average number of credits completed by graduation track over the last three years for five graduating cohorts. OYA holds two graduations each year – one in June and one in December. No information was provided for the graduation tracks in which no students participated.

                       OYA Students’ Average Number of Credits upon Entry and Exit for Last Three Graduation Cohorts

Post-Secondary Indicators

On the California School Dashboard, OYA students were Red in the College and Career Indicator.  This indicator reviews school data to determine the extent to which high school graduates are prepared to enter college.  For OYA, 0.5% of the graduates were prepared to enter college on the 2019 Dashboard, which was an increase of 0.5% from the prior year. 

Post-secondary outcomes are determined by the number of graduates who enrolled, attended, and graduated from college. This information is collected by the National Student Clearinghouse (NSC) and the most recent available data on the CDE website (https://dq.cde.ca.gov/dataquest/) is from 2017-18 (see table below) at which time, OYA was in its second year of existence. This data does not include college persistence or completion for graduates, but does include comparison to Apollo and Broadway.

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

b. Demographic Data

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

c. Summary of School Academics

OYA serves a student population that is transitory, significantly behind, and in need of intensive supports. While the academic data is lacking, OYA students do make progress and the increases in graduation rates each year show the growth OYA students have made. OYA presented additional documentation regarding an English Language Development Plan to address the concerns around the low performance of the English Learner Progress Indicator (ELPI) and the 25% of students who decreased at least one ELPI level. OYA has provided explanations for these results and is working with SCCOE staff to implement plans specifically aimed at addressing these results.

OYA’s academic performance data and post-secondary outcomes reflect mixed results in achievement schoolwide and across significant student groups over the course of the entire charter term. OYA also performs comparably to Apollo and Broadway High Schools, two alternative schools serving similar populations.  Education Code 47607(c)(7) requires the County Board of Education to consider OYA’s Dashboard results and its performance on alternative metrics applicable to OYA based on the pupil population served.  These data and metrics, including the evidence of progress made by students and increased graduation rates, indicate that OYA is providing a benefit to its students and support renewal.

2. Review of the Charter Petition

a. Sound Educational Program

Staff concluded the OYA renewal Petition provides sufficient information to substantiate the required elements for a sound educational program.

b. Ability to Successfully to Implement the Program

Staff found facts demonstrating the Petitioners are likely to successfully implement the program.

c. Affirmations of each of the conditions required by statute

Staff found the Petition contains all the required affirmations.

d. Reasonably Comprehensive Description of the Required Elements

Staff found the Petition provides a sufficiently comprehensive description of the required elements for approval.  Further, OYA is a dependent charter and utilizes SCCOE expertise to ensure the school succeeds.

e. Exclusive Employer

The petition contains a statement specifying that the County Superintendent of Schools 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, Facilities, and Students Served

Staff found the renewal petition meets the requirements set forth in statute.

g. Other Criteria in Statute

Since OYA’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.  OYA will need to comply with the changes to the law.  OYA has indicated it will so comply. 

h.  Any Other Basis SCCBOE Finds Justifies Denial

SCCOE Staff finds no other basis for denial.

3. Additional Criteria for Denying a Charter Renewal:

School is unlikely to successfully implement the program due to:

1. 1. Substantial fiscal factors

As a dependent charter school of Santa Clara County Office of Education, OYA, with assistance from SCCOE, continues to show a strong fiscal oversight. OYA’s Audit, included as part of SCCOE’s Independent Audit Report, for the Year Ended June 30, 2020, reported an Unmodified Opinion on its financial statements and on its 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 or compliance for fiscal year 2019-20.

OYA reported an Average Daily Attendance (ADA) of 215.33 for Fiscal Year (FY) 2019-20. OYA projects an increase in enrollment for FY 2020-21 with an ADA of 277.4. OYA has projected ADA at 73%.

1. 1. Substantial governance factors, or

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

1. 2. 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 OYA.

REQUESTED ACTION

The Charter Schools Department staff recommends the Santa Clara County Board of Education renew the OYA Charter for the period July 1, 2021, through June 30, 2026, and adopt the Board Resolution Approving the Charter Renewal for Opportunity Youth Academy Charter School.

Student Impact

The Charter School office provides oversight and monitoring for 22 County Board of Education authorized charter schools. OYA was authorized in 2016 and currently serves approximately 330 students.

Administrator

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

Background

On March 3, 2021 the Policy Subcommittee met and approved revisions to BB 9012 Board Member Electronic Communications. This bylaw was brought to the Board on March 17, 2021 for first reading. Legal Counsel Meola will provide responses to questions from the first reading. 

BB 9012 Board Member Electronic Communication

Bylaw is updated to clarify that electronic communications should not be used as a means to restrict access to a public forum.

Updates also reflect new law AB 992 regarding board members’ use of social media. AB 992 amends Government Code section 54952.2 and became operative on January 1, 2021. This new law impacts only members of legislative bodies (“Board/Council Members”) and their usage of social media. AB 992 also authorizes Board members to engage with the public on social media but does not allow Board members to discuss business within the subject matter jurisdiction of the Board on these social media platforms.

No committees have met since the last SCCBOE meeting. 

Permanent Standing Committees of the Board

• Policy Subcommittee:  Policy Subcommittee: May 5, 2021 (Vice President King)
• Joint Legislative Advisory Committee (JLAC): April 21, 2021 (Trustee Ortiz)
• Budget Study Committee: May 19, 2021 (Dr. Dewan, County Superintendent of Schools)

Membership Committees and Activities

• California School Boards Association (CSBA) Delegate:  May 15-16, 2021 (Trustee Kamei)
• California County Boards of Education (CCBE) Board of Directors:  May 16, 2021 (Trustee Kamei)
• Santa Clara County School Boards Association (SCCSBA):  TBD, 2021 (Trustee Kamei)
• Head Start Policy Council: April 20, 2021 (President Rossi)

Liaison Committees, Workgroups, and Community Activities

• Warmenhoven Inclusion Collaborative:  May 7, 2021  (Trustee Chon)
• Strong Start Coalition: April 13, 2021 (Vice President King)
• Silicon Valley Reads:  TBD (Trustee Mah)

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:

School Reopening
An update will be provided on the reopening of charter school campuses to in-person instruction.

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.

Administrator

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

Larry Oshodi, Assistant Superintendent-Personnel Services

Background

Education Code 1302(a) requires any salary increase of $10,000 or more to be discussed by the County Board of Education at a regularly scheduled meeting. Recent promotions will result in excess of the $10,000 limit for (2) employees.

Fiscal Implications

The following chart outlines the employee name, prior and new position title, the reason for the salary increase, prior and new annual salary, and the overall salary increase.

LEGEND:

A: Interim

B: Increase in calendar

C: Promotion

D: Position reinstatement

E: Promotion and increase in calendar

F: Position change and increase in calendar

G: Increase in FTE

H: Position reclassification

Student Impact

Human Resources ensures our students receive quality instruction through the selection, assignment, and support of qualified leaders, teachers, and staff.

The next Santa Clara County Board of Education regular meeting is scheduled for April 21, 2021.