Livestream the Board Meeting:
https://tinyurl.com/sccboardmeeting
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://sccoe.to/SCCBOEMeetings22 or dial 1.669.900.6833, ID: 968 0184 7827

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#

To Provide Comment

​

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 5.11.1 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.

Public comments will be conducted via Zoom and can be made at the time the agenda item is addressed at:   https://sccoe.to/SCCBOEMeetings22 or dial 1.669.900.6833, ID:  968 0184 7827   

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: Sequoia Union High School District, Desired District: Palo Alto Unified School District.

Administrator

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

The Board will hold a Closed Session to discuss 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: 1 case 

Administrator

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

The Board will hold a Closed Session to discuss the following item:

CONFERENCE WITH COUNTY SUPERINTENDENT OF SCHOOLS -- Threat to Public Services or Facilities (Government Code Section 54957(a)):

The Board will meet in Closed Session to confer with Dr. Mary Ann Dewan, County Superintendent of Schools, and Stephanie Gomez, Chief Business Officer of the Business Facilities and Operations Division regarding the security of public buildings, essential public services, and the public’s right of access to public services or public facilities.

Report of Actions Taken in Closed Session

Administrator

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

Requested Action

Approve Consent Action Items as listed in Item #5 Consent Action Items.

Administrator

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

Background

On March 17, 2020, the Governor issued Executive Order N-29-20 that suspended the teleconferencing rules set forth in the Brown Act enabling legislative bodies to meet remotely.  On September 16, 2021, the Governor signed AB 361 authorizing a legislative body subject to the Brown Act to continue to meet remotely using teleconference without compliance with the Brown Act teleconference rules if certain conditions are followed. On September 21, 2021, the County Health Officer issued a recommendation, which is attached hereto and incorporated herein, that public bodies continue to meet remotely. On October 6, 2021, November 17, 2021, December 15, 2021, January 19, 2022, February 2, 2022, February 16, 2022,  March 2, 2022, March 16, 2022, April 6, 2022, April 20, 2022, May 4, 2022, May 18, 2022, June 8, 2022, and June 15, 2022, the Santa Clara County Board of Education passed Resolution No. 2289-5 authorizing virtual board meetings pursuant to AB 361.

Student Impact

The County Health Officer has recommended that legislative bodies continue to meet remotely to promote social distancing as one means to reduce the risk of COVID-19 transmission. The Santa Clara County Office of Education has an important governmental interest in protecting the public health, safety, and welfare of those who participate in meetings of the various legislative bodies during COVID-19 and ensuring that all members of the public can participate safely in meetings of legislative bodies.

Administrator

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

Requested Action

Approve Minutes of the Regular Board meeting of June 8, 2022 (#2301)

Administrator

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

Requested Action

Approve Minutes of the Regular Board meeting of June 15, 2022 (#2302)

Administrator

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

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

Background

August is National Immunization Awareness Month. The SCCOE acknowledges its partnership with the Santa Clara County Public Health Department as well as the importance of immunizations and good health on education.

Student Impact

Good physical, mental, and dental health has a direct impact on student educational outcomes. The SCCOE and SCCBOE recognize and support the importance of well-child checkups checks and proper immunizations for both overall student health as well as the promotion of safe, full in-person learning.

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 Special Education partial distribution for the Chandler Tripp School ($44,745.35) and Della Maggiore Center ($20,402.15)

Student Impact

The above donation will provide support for students in Special Education. The intent is to focus on opportunities that will allow students to be visible members of our community, participate and engage in public spaces, increase life skills, as well as engage parents in the education of their students. The donation will be utilized over multiple years and will supplement activities that cannot be funded through other means. Funding may also cover professional development opportunities for staff, including additional necessary classroom materials and supplies. 

Administrator

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

Mefula Fairley, Executive Director of Charter Schools

Background

The charter for Voices College-Bound Language Academy at Morgan Hill Charter School (VMH) expires on June 30, 2025.  This charter, initially denied by the Morgan Hill Unified School District (MHUSD), was approved as a TK-8 school on appeal to the Santa Clara County Board of Education (SCCBOE) on November 19, 2014 and opened August 2015. VMH was renewed for five years on December 13, 2017.  VMH currently serves approximately 400 students TK-7 and will grow to 8th grade in 2022-23.  

On June 3, 2022, the Charter Schools Department of the Santa Clara County Office of Education (SCCOE) received a petition from VMH seeking to materially change the charter. Specifically, VMH is seeking approval to change its physical location from its current single site model to expand temporarily to three sites within MHUSD. VMH is requesting this revision because the lease for its current facility expired on June 30, 2022, and there have been construction delays on its planned permanent site. VMH has specified this proposed expansion to three sites is for 2022-23 and, if necessary, 2023-24, but thereafter, and in no event later than the 2025-26 school year (which would be the start of VMH’s next charter term), VMH will move to a single identified location to be built for this purpose. As such, VMH is proposing this expansion to three sites for a maximum of three years. The proposed changes to the VMH charter constitute a material revision, as specified in Education Code (EC) section 47605(a)(4).

Material revisions of district appeal charters are governed by the standards and criteria in EC sections 47605 and 47607 and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed.

The complete renewal petition is attached to the agenda and is also available for review at: https://www.sccoe.org/supoffice/charter-schools-office/Documents/petitions_renewal/Voices_Morgan_Hill_Material_Revision.pdf  

EDUCATION CODE REQUIREMENTS FOR REVIEW OF A REQUEST FOR MATERIAL REVISIONS TO A CHARTER

EC section 47607(b) states, “Renewals and material revisions of charters are governed by the standards and criteria described in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed.” As such, the standards for approval/denial of a material revision request are the same as those for a new charter petition, which are set forth in EC 47605. In accordance with this requirement, EC 47605 specifies that the SCCBOE “shall consider the academic needs of the pupils the school proposes to serve” and shall grant the requested material revisions if it is satisfied that the grant “is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate.”  The SCCBOE shall not deny the request for material revisions unless it makes written factual findings, specific to the materially revised charter petition, setting forth specific facts 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 described in Education Code Section 47605 (e).

(4)         The petition does not contain reasonably comprehensive descriptions of all of the charter elements.

(5)         The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of the Educational Employment Relations Act    (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code).

(6)         The material revision is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:

a.           The extent to which the proposed material revisions would substantially undermine existing services, academic offerings, or programmatic offerings.

b.           Whether the proposed material revisions would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.

(7)         The school district is not positioned to absorb the fiscal impact of the proposed material revision. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the material revision would result in the school district having a negative interim certification pursuant to Education Code Section 42131, has a negative interim certification pursuant to 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.

REVIEW OF THE PETITION

Staff reviewed the request to materially revise the Petition using the criteria established in California Education Code 47605 and 47607, and consistent with SCCBOE’s Policy 0420.4, and found:

1. Sound Educational Program

Staff concluded VMH does not provide sufficient information in the Petition to substantiate all of the required elements for a sound educational program unless VMH creates and implements plans, satisfactory to the Superintendent and/or Designee, for addressing how services will be provided across the three sites, plans for the grade level configurations, staffing models, start and end times, etc., 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.  

2. Ability to Successfully Implement the Program

Staff found facts that demonstrate the Petitioners are unlikely to successfully implement the program unless VMH creates and provides SCCOE with specific plans for implementing the three-site model 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.

3. Affirmations of each of the conditions required by statute

Staff found the Petition contains all of the required updated affirmations.

4. Reasonably Comprehensive Description of the Required Elements

Staff found the Petition does not provide a sufficiently comprehensive description of the required elements for approval, though, as indicated in the Charter and in the requirements and conditions on approval, additional specificity and requirements governing VMH’s operations, including its compliance with the required charter elements, will need to be included in an addendum to the MOU among VMH, its governing entity/CMO, Voices College-Bound Language Academies (VCBLA) and the SCCOE, including but not limited to specific operational and educational plans, satisfactory to the County Superintendent and/or Designee, are provided prior to commencing instruction at the three multiple sites.  Further clarification is also required regarding the following areas: the educational program, governance structure, employee qualifications, health and safety policies and procedures, admissions policies and procedures and required supplemental information. In the area of required supplemental information, additional information needing to be addressed includes, but is not limited to, (1) confirmation of VMH participation in the California School Finance Authority SB-740 facility reimbursement program based on the three temporary facilities; (2) submission of the three lease agreements and certificates of occupancy for the temporary facilities; (3) a “45-day” budget revised for Fiscal Year (FY) 2022-23 that reflects any material changes from VMH’s 2022-23 adopted budget; (4) evidence of enrollment for the 2022-23 school year based on the multi-site model, including the grade level configurations across the sites and proposed third location; and (5) an alternative budget projection for FY 2023-24 reflecting the financial impact if the 22% projected increase in enrollment does not materialize. 

5. Exclusive Employer

Staff found the petition submitted for the request for material revision meets the requirements set forth in statute.

6. Community Impact

Staff does not find the material revision is demonstrably unlikely to serve the interests of the entire community in which VMH is located.

7. Fiscal Impact on the District

Staff finds Morgan Hill Unified School District (MHUSD) is in a position to absorb the fiscal impact of the proposed material revision.

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

Staff finds the provisions of the petition, as revised, do not provide adequate descriptions of the facilities to be used or the grade levels and students to be served, unless plans satisfactory to the County Superintendent and/or Designee are provided prior to commencing instruction at multiple sites and are incorporated into the addendum to the MOU, and copies of the lease documents and certificates of occupancy are provided prior to occupancy by VMH.

REQUESTED ACTION

The Charter Schools Department Staff reviewed the material revision petition utilizing the criteria for approval set forth in EC sections 47605 and 47607. Based upon its comprehensive review and analysis of the request for material revision, Charter Schools Department Staff finds that in order for approval of the requested material revision to be consistent with sound educational practice and the standards for approval, it is necessary for VMH to provide further plans and clarity satisfactory to the County Superintendent and/or Designee regarding the temporary move to three sites, including the impact on the educational program and staffing, in conformance with the above analysis, which plans are incorporated into an addendum to the MOU.  Failure to remediate the above concerns, including by providing further plans and clarity as described above, including, but not limited to, staffing configurations, grade level configurations, start time configurations across the three sites, and provisions of services to students and families impacted by the temporary move, to the satisfaction of the County Superintendent and/or Designee, and incorporating such matters into an addendum to the MOU, would constitute grounds for denial of the material revision.

In no case shall the material revision for this temporary move extend past the current charter term, which expires on June 30, 2025. Should VMH need additional time at the temporary sites, such continued operation on multiple sites would need to be addressed during the renewal process. Accordingly, the Charter Schools Department Staff recommends that the SCCBOE conditionally approve the request for the material revision to the Voices College-Bound Language Academy at Morgan Hill Charter School Petition on the conditions that that VCBLA, VMH, and SCCOE enter into an addendum to the MOU to address Charter Schools Department Staff’s concerns, including those specifically reviewed in the Staff Analysis and Proposed Findings of Fact, including VMH’s development of specific plans satisfactory to the County Superintendent and/or Designee for implementation of the multi-site model and its impacts on VMH’s educational program and operations, and the other conditions specified in the proposed Board Resolution, as well as any additional conditions identified by the SCCBOE, and adopt the proposed Board Resolution Conditionally Approving the Request for Material Revisions to the Charter for Voices College Bound Language Academy at Morgan Hill Charter School, and, Alternatively, Making Factual Findings Supporting Denial and Denying the Request for Material Revisions to the Charter for Voices College Bound Language Academy at Morgan Hill Charter School if the Conditions Are Not Met.

Student Impact

The Charter School office provides oversight and monitoring for 22 County Board of Education authorized charter schools.  VMH was authorized in 2014 and currently serves approximately 400 students.

Committees that have met after the June 15, 2022 board meeting are:

• Head Start Policy Council

Permanent Standing Committees of the Board

• Policy Development Subcommittee:  August 3, 2022 (Vice President Chon)
• Joint Legislative Advisory Committee (JLAC): September 21, 2022 (Trustee Rossi)
• Budget Study Committee: November 16, 2022 (Dr. Dewan, County Superintendent of Schools)

Membership Committees and Activities

• California School Boards Association (CSBA) Delegate:   November 29-30, 2022 (Trustee Kamei)
• California County Boards of Education (CCBE) September 9, 2022 (Trustee Kamei)
• Santa Clara County School Boards Association (SCCSBA):  TBD, 2022 (Trustee Kamei)
• Head Start Policy Council: September 27, 2022 (Vice President Chon)

Liaison Committees, Workgroups, and Community Activities

• Warmenhoven Inclusion Collaborative Advisory Board:  September 9, 2022  (Vice President Chon)
• Strong Start Coalition: August 9, 2022 (Trustee Sreekrishnan)
• Silicon Valley Reads:  TBD (Trustee Mah)

Administrator

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

Mefula Fairley, Executive 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

Charter Schools Staff will provide an update on Summit Public Schools.

Voices Mount Pleasant

Charter Schools Staff will provide an update on Voices Mount Pleasant.

Student Impact

The Charter Schools Department provides monitoring and oversight for 22 County Board of Education authorized charter schools, serving approximately 11,000 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 (5) 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 Promotion (temporary only)

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: CPI Increase

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

Jessica Bonduris, Ed.D., Assistant Superintendent, Educational Services Division

Background

Complaints filed for SCCOE school sites under the Williams Settlement are limited to insufficient textbooks or instructional materials, unsafe or unhealthy facility conditions or teacher vacancies or mis-assignments.

Williams Complaint Procedures are posted in all classrooms to inform parents, students and teachers of the procedure for making such complaints.

No Williams complaints were received during the April through June 2022 reporting period.

Student Impact

The Williams Report documents complaints regarding textbooks and instructional materials, conditions of facilities, and teacher mis-assignments and vacancies. SCCOE strives to provide our students a quality education that encompasses all of these areas. No complaints were filed this quarter.

Administrator

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

Stephanie Gomez, Chief Business Officer

Jas Sohal, Manager-Purchasing Services

Background

Per Board Policy BP 3270, when any Santa Clara County Office of Education instructional materials, equipment, supplies, or other personal property with a value less than $25,000 becomes unusable, obsolete, or no longer needed, the Santa Clara County Superintendent of Schools or designee shall notify the Santa Clara County Board of Education.

Fiscal Implications

The report includes a list of the items sold, income received, and the method of sale. Items that are no longer usable by the Santa Clara County Office of Education are sold for surplus or disposed of as e-waste.

Administrator

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

Jessica Bonduris, Ed.D., Assistant Superintendent, Educational Services 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) -May 2022
  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 – May 2022
  Provides the status of program budget and financial oversight

• In-Kind Contribution Required – May 2022
  Indicates the progress of required matching contribution required by grant ($6,676,866)

• Administration Cost Limitation – May 2022
  Limits the amounts of funds charged as development and administrative costs to 15%

• Purchase Card Summary –May 2022
  Serves as an oversight check of program expenses

• California Child Food Program Summary Reports (USDA) –May 2022
  Serves as an oversight check of program expense

• Enrollment Report –May 2022
  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

Jessica Bonduris, Ed.D., Assistant Superintendent, Educational Services Division

Background

Head Start/Early Head Start (HS/EHS) programs are required by federal regulations to maintain a formal structure of program governance to oversee the quality of services for children and families and to make decisions related to program design and implementation of all component areas and submit an Ongoing Monitoring Status Report for areas of improvement to the Administration for Children and Families (ACF). Please refer to the attached HS/EHS Ongoing Monitoring Status Report.

Student Impact

The Head Start/Early Head Start Program is federally funded to serve 2,188 children, ages 0-5, from very low-income families to promote their school readiness by enhancing their cognitive, social, and emotional development. These services are provided in Santa Clara and San Benito Counties.

The next Santa Clara County Board of Education regular meeting is scheduled for August 3, 2022.