Nov 15, 2023 County Board of Education

GOOD EVENING EVERYBODY.

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TODAY IS WEDNESDAY, NOVEMBER 15TH AND THE TIME IS 5:01 P.M.

I AM VICTORIA CHON, PRESIDENT OF THE SANTA CLARA COUNTY BOARD OF EDUCATION, AND I WILL PRESIDE OVER THIS MEETING.

OUR STUDENT BOARD MEMBER PARTICIPATES VIA TELECONFERENCE.

THEY ARE AUTOMATICALLY EXCUSED AT 8 P.M.

SHOULD OUR MEETING EXTEND BEYOND THAT TIME.

PREFERENTIAL VOTING BY OUR STUDENT BOARD MEMBER IS AUTHORIZED BY EDUCATION CODE SECTION 1000.

STUDENT BOARD MEMBERS MAY EXERCISE PREFERENTIAL VOTING RIGHTS BY STATING THEIR OPINION AND OR POSITION ON AN ACTION ITEM, WHICH WILL BE RECORDED IN THE MINUTES BEFORE SCCBOE VOTES ON THE ITEM.

AT THIS TIME, I WOULD LIKE TO ASK OUR STUDENT BOARD MEMBER, ALVAREZ, TO LEAD US IN THE PLEDGE.

[B. Pledge of Allegiance]

STUDENT BOARD MEMBER ALVAREZ, PLEASE BEGIN US WHEN YOU ARE READY.

ALLEGIANCE].

THANK YOU.

STUDENT BOARD MEMBER ALVAREZ.

I WILL NOW CONDUCT A ROLL CALL.

[C. Roll Call (Including Action on Absences if Necessary)]

WHEN I CALL YOUR NAME, PLEASE RESPOND ACCORDINGLY.

THANK YOU.

DO WE HAVE TO EXCUSE THE TRUSTEE AT THE BEGINNING OF THE MEETING, OR CAN WE GIVE HIM SOME TIME? WE CAN GIVE HIM SOME TIME, COME BACK TO THAT.

HE DIDN'T INDICATE HE WOULDN'T BE HERE, SO I EXPECT HIM TO ARRIVE.

OKAY. THANK YOU.

I WILL NOW ENTERTAIN A MOTION TO ACCEPT THE AGENDA.

[D. Set the Agenda]

CAN I PULL 3D PLEASE? OH, YES, I APOLOGIZE.

I KNOW YOU HAD ALERTED ME OF THAT EARLIER AND I FORGOT TO INDICATE 4D.

IS THAT CORRECT? 3. 3D.

I'M ON THE WRONG ONE.

OKAY. TRUSTEE MAH?.

I WOULD LIKE TO PULL 3F, PLEASE.

F AS IN FRANK, 3F.

OKAY, SO PULLING 3D AND 3F, 3D AND 3F.

OH, TRUSTEE MAH.

SORRY, I DIDN'T KNOW.

AND SO THAT WAS MY FIRST THING.

ADDITIONALLY, I WOULD LIKE TO CONSIDER TABLING A NUMBER OF ITEMS SIX, A AND B.

ALONG WITH 9A AND 10A AND 11A.

SO SHOULD I COMBINE THOSE IN THE SAME MOTION OR BE ABLE TO VOTE ON THOSE SEPARATELY? WELL, WE COULD DO IT IN THE SAME MOTION IF YOU HAVE A SECOND? I WOULD ASK THAT WE DON'T TABLE THE.

OH. I'M SORRY. HOLD ON.

COULD YOU REPEAT THOSE, PLEASE? 6A, 6A AND B.

9A, 10A AND 11A.

9A. 10A.

THAT'S ALL THE BOARD OF EDUCATION REPORTS AND THE COMMITTEE REPORTS AND THE SUPERINTENDENTS REPORT.

I'D LIKE TO TABLE THOSE TO THE NEXT MEETING.

ALL RIGHT.

OH, I WANTED TO MAKE SURE THAT OUR THERE WAS ONE THING THAT WE HAD TO, THAT I WANTED TO MAKE SURE WE DID TODAY, WHICH WAS THE SOLAR ENERGY PROJECT.

BUT THAT'S 4A ALL RIGHT.

DO YOU HAVE A SECOND? CAN I ASK THE MAKER OF THE MOTION? THE REASONING FOR DEFERRING ACTION ON THOSE TONIGHT? BECAUSE WE DO HAVE A SPECIAL MEETING THAT HAS BEEN CALLED FOR 7:00.

SO I WOULD JUST AS SOON GET THROUGH THE IMPORTANT THINGS AND DEFER SOME OF THESE THINGS WHICH ARE LESS SO CRITICAL, IF YOU WILL. THANK YOU.

ALL RIGHT. A SECOND BY TRUSTEE ROCHA.

I ACTUALLY HAVE ONE OTHER THING.

OKAY. I JUST WANT TO IT'S MORE OF A QUESTION.

SO I WAS WONDERING ABOUT 12 D WHICH IS A CONSENT INFORMATION ITEM, BUT IT'S BUDGET REVISIONS FOR THE MONTH OF OCTOBER.

TYPICALLY THOSE ARE ACTIONS.

AND I DON'T SEE ANY BACKUP FOR THAT EITHER IN THE AGENDA.

SO IS THAT REALLY A CONSENT KIND OF THING OR IS IT.

YEAH. DR. JOHN, IF YOU COULD ANSWER THAT ONE IN THE ITEM, IT JUST STATES THAT BECAUSE WE'RE WORKING ON FIRST INTERIM, THAT THOSE ITEMS WILL BE BROUGHT IN THE FUTURE IT'S

[00:05:03]

OH, OKAY.

SO YEAH.

RUBY, WERE YOU ABLE TO INPUT THAT FOR BOARD DOCS? OKAY. ALL RIGHT. TRUSTEES THAT WAS MADE BY MOVED BY TRUSTEE MAH AND SECONDED BY TRUSTEE ROCHA.

TRUSTEES. YOU CAN VOTE IN BOARD DOCS.

I'LL BE A VERBAL NO.

ARE YOU WAITING ON [INAUDIBLE].

ARE YOU WAITING ON A.

OH, A VERBAL YES FROM TRUSTEE LARI.

AND THAT MOTION CARRIES WITH FOUR YESES, TWO NOES, ZERO ABSTENTIONS AND ONE NOT PRESENT AT VOTE.

ALL RIGHT, SO MOVING ON.

TRUSTEE MAH. THANK YOU.

I HAVE ONE OTHER COMMENT, I GUESS, ON THE AGENDA.

I WAS WONDERING IF WE COULD GET AN IDEA ON THE INFORMATION ITEM 6C THE PRESENTATION ON AUTHORITY OF COUNTY BOARD SINCE THERE WASN'T A PRESENTATION ATTACHED.

WHAT THE KIND OF TIME FRAME IS OF THAT IS GOING TO BE.

JUST TO GIVE US SOME IDEA OF PLANNING, THE PRESENTATION IS ATTACHED NOW, SO IT IS THERE.

THERE'S ALSO A TIME FOR QUESTIONS AT THE END.

I WILL DEFER TO THE BOARD FOR THE TIMING OF IT.

SO I GUESS THEN MY ASK IS THAT, WOW 14 SLIDES.

MY ASK IS THAT THE PRESENTATION INCLUDING QUESTIONS AND ANSWERS BE LIMITED TO LIKE 20 MINUTES.

I WOULD NOT BE COMFORTABLE PUTTING A TIME LIMIT ON IT.

IF BOARD MEMBERS WANT TO ASK QUESTIONS, I WANT TO ALLOW THAT OPPORTUNITY.

ALL RIGHT. WE WILL BE MOVING ON.

A LIVE STREAM OF TONIGHT'S MEETING IS AVAILABLE AT HTTPS://TINYURL.COM/SCCBOARDMEETING.

[A. Livestream the Board Meeting: https://tinyurl.com/sccboardmeeting]

SUPPORT FOR TONIGHT'S MEETING IS AVAILABLE IN SPANISH AND VIETNAMESE VIA PHONE.

FOR SPANISH SUPPORT, PLEASE CALL 1 (669) 900-6833.

THE MEETING ID IS 727 334 810 POUND.

FOR VIETNAMESE SUPPORT, PLEASE CALL 1 (669) 900-6833.

THE MEETING ID IS 921 8153 9516 POUND.

LANGUAGE ASSISTANCE IN BOTH SPANISH AND VIETNAMESE IS ALSO AVAILABLE FOR THOSE IN ATTENDANCE.

HEADSETS MAY BE PICKED UP AT THE TABLE AT THE BACK OF THE ROOM.

PERSONS WANTING TO MAKE A PUBLIC COMMENT CAN DO SO BY COMPLETING A SPEAKER COMMENT CARD AVAILABLE AT THE BACK OF THE ROOM.

IN THE CASE OF EMERGENCY, OR NEED TO EVACUATE THE ROOM, PLEASE ALERT AND FOLLOW AN SCCOE STAFF MEMBER THAT IS IDENTIFIED WITH THE YELLOW BADGE.

A REMINDER THAT OUR STUDENT BOARD MEMBER IS PARTICIPATING VIA PHONE AND WILL BE AUTOMATICALLY EXCUSED AT 8 P.M.

WE WILL NOW MOVE TO ITEM NUMBER TWO.

[A. At this time, members of the public may address the Board on any issue within the subject matter jurisdiction of the Board that is not listed on this agenda. Members of the public may also address the Board on an agenda item before or during the Board's consideration of the item.]

PUBLIC SPEAKER CARDS MUST BE SUBMITTED AT THIS TIME, AND ONCE WE BEGIN TAKING PUBLIC COMMENT, WE WILL NOT BE ABLE TO ACCEPT ADDITIONAL COMMENTERS.

MODERATOR DO WE HAVE ANY PUBLIC COMMENT? YES, WE HAVE 13 CARDS FOR COMMENT.

OKAY. THANK YOU. PURSUANT TO GOVERNMENT CODE SECTION 54957.95, THE SCCBOE STRIVES TO MAINTAIN A RESPECTFUL, ORDERLY AND CIVIL ENVIRONMENT FOR THE CONDUCT OF ITS MEETINGS AND TO AVOID UNLAWFUL DISRUPTIONS.

CAN WE PLEASE PRESENT THE TWO MINUTE TIMER? THANK YOU. A TIMER WILL BE DISPLAYED WHEN THE ALLOTTED TIME IS UP.

THE BUZZER WILL SOUND, YOU WILL BE MUTED, AND YOUR TIME TO SPEAK WILL END.

SPEAKERS ARE ENCOURAGED TO AVOID REPEATING COMMENTS MADE BY OTHER SPEAKERS, AND SPEAKERS MAY CHOOSE TO SIMPLY STATE THEIR AGREEMENT WITH THE PREVIOUS SPEAKER.

MODERATOR. COULD YOU PLEASE BEGIN PUBLIC COMMENT? YES. AS YOU HEAR YOUR NAME, PLEASE LINE UP FOR PUBLIC COMMENT BEHIND THE PODIUM LOCATED AT THE CENTER OF THE ROOM.

AS A REMINDER, ONE PERSON AT A TIME CAN BE AT THE PODIUM TO PRESENT THEIR COMMENT.

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THE FIRST FIVE SPEAKERS FOR PUBLIC COMMENT ARE BARB FLORES, KAREN LARSON, FABIOLA PATAS, CARLOS PATAS MICHELLE, AND HEATHER BASS.

OUR FIRST SPEAKER IS BARB FLORES.

PLEASE APPROACH THE PODIUM CLEARLY STATE YOUR NAME AND BEGIN YOUR COMMENT.

GOOD EVENING, EXCUSE ME.

GOOD EVENING. MY NAME IS BARB FLORES.

I AM A REGISTERED VOTER, A SANTA CLARA COUNTY RESIDENT, AND AN EMPLOYEE OF THE SCCOE.

I SAW THE POSTED AGENDA, AND I FEEL COMPELLED TO COME FORWARD AND SPEAK THIS EVENING ABOUT THE OUTSTANDING LEADERSHIP OF DR.

MARY ANN DEWAN.

DURING THE UNPRECEDENTED TIME OF COVID 19, WHERE MANY NEEDED SUPPORT AND DIRECTION.

DR. DEWAN ESTABLISHED A PARTNERSHIP WITH SANTA CLARA PUBLIC HEALTH AND LED THE CHARGE OF SUPPORTING ALL DISTRICTS, WITH SCHOOLS REOPENING IN SANTA CLARA COUNTY.

I WAS ON THE EMERGENCY RESPONSE TEAM AND SAW FIRSTHAND THE STRUCTURES DR.

DEWAN PUT INTO PLACE FROM WEEKLY MEETINGS WITH SUPERINTENDENTS TO SHARE THE MOST UP TO DATE INFORMATION TO WEEKLY COVID DESIGNEE MEETINGS, TO PROVIDE GUIDANCE ON NAVIGATING ON SITE RESPONSES TO SITUATIONS, TO VACCINE CLINICS, JUST TO NAME A FEW.

ALL IN AN EFFORT TO PROVIDE KNOWLEDGE AND PARTNERSHIP IN WHAT WE ALL KNOW WAS A TIME OF STRESS AND UNCERTAINTY.

DR. DEWAN DID THIS WITH GRACE, THOUGHTFULNESS, AND ALWAYS HAD OUR STUDENTS WELL-BEING AT THE CENTER.

THE MODEL DR.

DEWAN LED FOR OUR COUNTY EMERGENCY RESPONSE WAS SOUGHT AFTER BY MANY NEIGHBORING COUNTIES BECAUSE OUR AGENCY LED A VERY COMPREHENSIVE SYSTEM OF SUPPORT.

THE LEVEL OF COMMUNICATION COLLABORATION THROUGH DR.

DEWAN LEADERSHIP TO ENSURE STUDENTS, STAFF AND THE COMMUNITY SAFETY TO THIS DAY IS COMMENDABLE.

THIS IS ONE EXAMPLE OF DR.

DEWAN LEADERSHIP AT THE SCCOE AND WHATEVER INITIATIVE SHE TAKES ON, SHE BRINGS THE SAME LEVEL OF EXCELLENCE.

UNDER DR. DEWAN LEADERSHIP, I HAVE PERSONALLY AND PROFESSIONALLY GROWN AS A LEADER, AS STRENGTHS BASED ORGANIZATION, WE UTILIZED TEAM OUR NEXT SPEAKER IS KAREN LARSON.

PLEASE APPROACH THE PODIUM, CLEARLY STATE YOUR NAME AND PRESENT YOUR COMMENT.

GOOD EVENING. MY NAME IS KAREN LARSON.

GOOD EVENING, TRUSTEES AND DR.

DEWAN. I TOO, AM A MEMBER OF THE SANTA CLARA COUNTY OFFICE OF EDUCATION, A SANTA CLARA COUNTY RESIDENT AND A REGISTERED VOTER.

AND HAVING SEEN THE TOPICS THAT ARE ON THE AGENDA THIS EVENING, I TOO FELT COMPELLED TO TAKE THIS OPPORTUNITY TO SPEAK ABOUT THIS.

SPEAK WITH YOU THIS EVENING.

I'VE BEEN WITH THE COUNTY OFFICE FOR TEN YEARS, AND HAVE ENJOYED WORKING IN AN ENVIRONMENT THAT IS INNOVATIVE, CREATIVE AND HAS SPACE FOR GROWTH.

UNDER DR. DEWAN LEADERSHIP, OUR TEAMS HAVE SUPPORTED THE COUNTY'S STUDENTS AND PROJECTS THAT HELPED BRIDGE THE DIGITAL DIVIDE, GUIDE CONTINUOUS IMPROVEMENT, AND BUILD PATHWAYS FOR COLLEGE AND CAREER READINESS.

I'VE SERVED ON TEAMS THAT HAVE REOPENED SCHOOLS FOLLOWING DISTANCE LEARNING THROUGH THE DEVELOPMENT OF SAFETY PLANS, VACCINE CLINICS, WELLNESS CENTERS, AND LEARNING ACCELERATION PROGRAMS. ENGAGING IN THIS WORK WAS REWARDING PROFESSIONALLY, BUT BEING PART OF GETTING KIDS BACK INTO THE CLASSROOM WAS PERSONALLY THE MOST REWARDING EXPERIENCE I'VE HAD IN MY ENTIRE CAREER.

MY EXPERIENCES HAVE MADE ME A BETTER EDUCATOR AND A MORE EMPATHETIC LEADER, AND I CAN EASILY DRAW A THROUGH LINE FROM THOSE EXPERIENCES TO DR.

DEWAN AND HER DEDICATION TO MAKING THIS COUNTY A BETTER PLACE FOR OUR CHILDREN.

THANK YOU. OUR NEXT SPEAKER IS FABIOLA PATAS.

PLEASE APPROACH THE PODIUM CLEARLY STATE YOUR NAME AND PRESENT YOUR COMMENT.

HI. GOOD AFTERNOON [INAUDIBLE].

OF COURSE THE MOTHER OF ALEXANDER PATAS HERE.

I'M HAPPY TO SAY THAT ALEX IS GOING BACK TO GATEWAY AND THE KIDS ARE GOING BACK TO GATEWAY.

WE HAD THE IP TODAY SEEMED TO GO FAIRLY WELL AND EVERYTHING, BUT THERE'S STILL THINGS THAT NEED TO BE CHANGED.

NURSE HAS TO BE ON SITE THE WHOLE TIME THE KIDS ARE THERE.

THERE'S NO IF, WHAT'S ABOUT THAT PART? THE AIDES? WE NEED TO GET SOME MORE AIDES IN THIS SITUATION.

BECAUSE IF I'M GETTING A 1 TO 1 FOR HIM ON THE BUS, 1 TO 1 IN THE CLASSROOM AND 2 TO 1 IN THE BATHROOM, WE NEED MORE AIDES.

[00:15:02]

YOUR GUYS'S PROTOCOLS FOR FIRE, EARTHQUAKE, AND SHOOTOUTS NEEDS TO BE TOP PRIORITY RIGHT NOW.

AND I ALSO I DO APPRECIATE HE'S GOING BACK TO SCHOOL, BUT I STILL NEED THAT PEACE OF MIND THAT I CAN TRUST YOU WITH MY KID.

AND THOSE PAPERS ARE SOMETIMES YOU GUYS MAKE A SIGN THAT SAYS, YOU GUYS ARE NOT HELD RESPONSIBLE FOR OUR CHILDREN.

YES YOU ARE.

THAT PART NEEDS TO BE ELIMINATED.

IF SOMETHING HAPPENS TO MY KID.

YET SOMEHOW ALL YOU GUYS ARE RESPONSIBLE BECAUSE I'M TRUSTING YOU WITH MY PRECIOUS GEM HERE, MY PRINCE, TO MAKE SURE THAT HE'S GOING TO BE OKAY.

WHAT HAPPENED TO HIM AT YOUR OLD HIGH SCHOOL WITH THE WHOLE SEIZURE SITUATION SHOULDN'T HAVE HAPPENED LIKE THAT.

I REALLY DO THINK THAT, LIKE I SAID, I'M HAPPY.

I'M GRATEFUL THAT HE'S GOING BACK.

BUT THAT HAS TO BE FOR ALL THE KIDS.

ALL THE KIDS THAT WANT TO GO BACK TO SOUTH COUNTY, NOT ANNEXED, BUT BACK TO GATEWAY THE WAY IT USED TO BE AND PLEASE PUT A PLAYGROUND FOR THESE KIDS.

ONE SWING THAT'S REALLY HARD PLASTIC IS NOT, IT'S NOT A GOOD THING FOR THEM.

HE CAN GET OUT OF THE HARNESS THAT YOU GUYS HAVE ON THAT SWING.

NOW, LIKE I SAID, THE PLAYGROUND IS GOING TO BE AN ISSUE AND IT'S SOMETHING THAT THEY NEED.

LIKE I SAID, I'M GRATEFUL THAT THIS KID IS BACK.

THE KIDS ARE GOING TO BE GOING BACK TO THAT SCHOOL.

BUT LIKE I SAID, WE'RE NOT DONE YET.

WE STILL NEED TO CROSS THOSE T'S AND DOT THOSE I'S OUR NEXT SPEAKER IS CARLOS PATAS [INAUDIBLE].

PLEASE APPROACH THE PODIUM, CLEARLY STATE YOUR NAME AND PRESENT YOUR COMMENT.. HELLO. GOOD EVENING. MY NAME IS CARLOS BATAS, ALEJANDRO BATA'S FATHER.

OKAY.

. AS MY WIFE MENTIONED, WE'RE HAPPY AND GRATEFUL THAT OUR SON IS RETURNING TO SCHOOL.

AND THAT YOU LISTEN TO OUR WORRIES AND OUR EXPECTATIONS.

SPANISH]. BUT WE'RE NOT FINISHED.

THERE'S STILL A LONG ROAD TO TO WALK, AND IT'S A SHAME THAT IT HAPPENED NOW, BECAUSE THIS SHOULD HAVE HAPPENED YEARS AGO.

BUT WHAT HAPPENED, AS MY WIFE MENTIONED.

BUT THERE WAS NO EMERGENCY PROTOCOL.

THERE WAS NO NURSE ON SITE WHEN THE INCIDENT HAPPENED WITH MY SON.

. AND THAT AND THOSE THINGS THAT HAPPEN IN THE PROTOCOL THAT WAS IN PLACE WAS COMPLETELY INCORRECT AND COMPLETELY WRONG FOR WHAT HAPPENED TO MY SON.

SPANISH]. BUT THAT EVENT ONLY TOOK TEN MINUTES.

BUT SOMETHING TERRIBLE COULD HAVE HAPPENED BECAUSE FOR HIM, AN ATTACK LIKE THAT, JUST SEVEN MINUTES, HE COULD SUFFER IRREVERSIBLE BRAIN DAMAGE.

. AND THAT'S WHY WE KEEP REFERRING TO THE ONE ON ONE CARE, NOT ONLY AT SCHOOL, BUT IN TRANSPORTATION AS WELL.

SPANISH].

SO THAT'S WHY WE'RE NOT GOING TO STOP COMING HERE.

BECAUSE YOU NEED TO BE INFORMED OF WHAT IS NEEDED.

WE NEED MORE PERSONNEL, MORE KNOWLEDGE OF WHAT OUR KIDS GO THROUGH, INSTEAD OF JUST PUTTING THEM BACK IN SCHOOL AND ACCEPTING THAT,

[00:20:18]

IT'S NOT LIKE A NORMAL KID THAT CAN LET YOU KNOW WHAT SOMETHING'S HAPPENING.

THEY ALWAYS RUN THE RISK OF SOMETHING SEVERE HAPPENING IN A MOMENT T HAT'S WHY ALL OF YOU NEED TO UPDATE THE PROTOCOL AND HAVE THE CORRECT KNOWLEDGE TO FOLLOW THE PROTOCOLS.

OUR NEXT SPEAKER IS HEATHER BASS.

PLEASE APPROACH THE PODIUM CLEARLY STATE YOUR NAME AND PRESENT YOUR COMMENT.

THANK YOU. GOOD EVENING.

HELLO, EVERYONE. MY NAME IS HEATHER BASS.

I'M HERE JUST TO MAKE A REQUEST TO THE ADMINISTRATION.

I KNOW EVERYBODY'S VERY BUSY, SO END OF THE YEAR AND I KNOW WE'VE TALKED A LOT ABOUT A POTENTIAL PLAYGROUND, AND I HAVEN'T HEARD ANYTHING ABOUT THE PLAYGROUND.

AND SO I'M GOING TO MAKE THE ASSUMPTION THAT NO PLANNING HAS BEEN TAKING PLACE BECAUSE I AM CONCERNED THAT IF PLANNING IS TAKING PLACE, THE INDIVIDUALS AT GATEWAY ARE NOT BEING INCLUDED IN THAT PLANNING.

WE HAVE SPEECH THERAPISTS THAT HAVE COMMUNICATION AND SOCIAL GOALS THAT CAN TAKE PLACE ON A PLAYGROUND THAT HAVE GROSS MOTOR AND FINE MOTOR GOALS THAT TAKE PLACE ON A PLAYGROUND, TEACHERS THAT ARE ABLE TO SUPERVISE BREAKS AND ALSO JUST HAVE SOME GOOD OLD FASHIONED FUN ON A PLAYGROUND.

BUT WE ACTUALLY KNOW WHAT THOSE NEEDS ARE FOR THOSE STUDENTS, AND WE WOULD LOVE TO BE ENGAGED.

IT DOESN'T HAVE TO BE ME.

WE HAVE TONS OF GREAT PROFESSIONALS AT GATEWAY WHO REALLY WANT TO GIVE YOU INPUT ON WHAT THE PLAYGROUND WOULD LOOK LIKE TO REALLY BENEFIT OUR STUDENTS, AND WE ARE GOING TO ASSUME THAT'S GOING TO TAKE PLACE, AND THAT WE'RE GOING TO BE APPROACHED BY ADMINISTRATION AND INCLUDED, AND WE'RE GOING TO BE ABLE TO ADVISE EVERYONE SO THAT WE CAN HAVE A BEAUTIFUL PLAYGROUND TO BE PROUD OF.

THAT CAN BE VERY BENEFICIAL FOR STUDENTS.

SO THANK YOU SO MUCH AND HAVE A VERY HAPPY THANKSGIVING.

GOOD NIGHT. OUR NEXT GROUP OF SPEAKERS ARE BILL SANDERSON, CHRIS NORWOOD, REJU KRISHNA.

THE NUSD GOVERNANCE TEAM AND JOANN VAARS, PLEASE APPROACH THE PODIUM.

THANK YOU. HI, MY NAME IS BILL SANDERSON.

I AM THE SUPERINTENDENT OF LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT.

I BEGAN MY CAREER IN PUBLIC EDUCATION IN AUGUST OF 1989.

I HAVE NEVER FELT COMPELLED TO SPEAK PUBLICLY BEFORE A BOARD OF EDUCATION UNTIL TONIGHT.

I TELL YOU THAT ONLY SO THAT YOU KNOW HOW IMPORTANT THIS ISSUE IS TO ME, THAT I BRING FORWARD TO YOU.

DO YOU KNOW WHERE YOU WERE ON SEPTEMBER 20TH OF 2019? ANYONE? THERE ARE MANY THINGS ABOUT 2019-20 SCHOOL YEAR THAT WE ALL WOULD LIKE TO FORGET.

HOWEVER, FOR ME, THERE ARE WONDERFUL MOMENTS THAT I CHERISH AS AN EDUCATOR OF OVER THREE DECADES.

ON SEPTEMBER 20TH, 2019, I WALKED THROUGH YOUR FRONT DOORS FOR THE FIRST TIME IN MY LIFE.

I WALKED THROUGH THEM TO BE A PART OF A SUPERINTENDENTS ACADEMY THAT WAS HOSTED BY THE ASSOCIATION OF CALIFORNIA SCHOOL ADMINISTRATORS AND LED BY DR. MARY ANN DEWAN.

I WAS IMMEDIATELY IMPRESSED WITH DR.

DEWAN'S PROFESSIONALISM AND HER PASSION FOR PUBLIC EDUCATION.

THERE ARE FIVE THINGS ABOUT THAT EXPERIENCE THAT I WOULD LIKE TO SHARE WITH YOU.

ONE OF THE REASONS THAT I CAME TO LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT AFTER BEING IN ANOTHER DISTRICT IN CALIFORNIA FOR OVER TWO DECADES OF MY CAREER, WAS BECAUSE OF DR.

DEWAN AND HER LEADERSHIP AT THE SANTA CLARA COUNTY OFFICE OF EDUCATION.

SHE RAN MY SUPERINTENDENTS ACADEMY IN 2019 AND INSPIRED ME THROUGH HER EXPERIENCE, KNOWLEDGE, AND IMPECCABLE REPUTATION.

DURING COVID, HER EXPERIENCE AND HER LEADERSHIP IN THIS COUNTY WAS HEARD ALL OVER THE BAY AREA.

I JUST WANT YOU TO KNOW PLEASE APPROACH THE PODIUM CLEARLY, STATE YOUR NAME AND PRESENT YOUR COMMENT.

GOOD EVENING, BOARD OF TRUSTEES.

MY NAME IS CHRIS NORWOOD, AND I'M THE PRESIDENT OF THE MILPITAS UNIFIED SCHOOL DISTRICT.

I'M ALSO THE CO-FOUNDER OF THE SANTA CLARA COUNTY SCHOOL BOARDS ASSOCIATION LEGISLATIVE ACTION COMMITTEE, AND ALSO A STRONG ADVOCATE FOR SPECIAL EDUCATION IN

[00:25:07]

IT IS IN RECOGNITION OF HER EFFORTS TO BUILD A STRONGER TOGETHER.

THE MILPITAS UNIFIED SCHOOL DISTRICT ALWAYS TALKS ABOUT A CULTURE OF WE AND IN ORDER TO HAVE THAT CULTURE OF WE NEED STRONG ALLIANCES AND PARTNERS TO BE ABLE TO PARTICIPATE IN THAT. AND I, AS A BOARD MEMBER, HAVE FOUND DR.

DEWAN TO BE ABLE TO PROVIDE THAT SUPPORT FOR US AT THE COUNTY LEVEL FROM OUR EARLY LEARNING EXPANSION TO OUR EDUCATIONAL SYSTEM, SYSTEMIC JUSTICE, EMPOWERING CHILD WELLNESS DURING COVID 19, ENVIRONMENTAL CLIMATE AND LITERACY, LITERACY, ACADEMIC ACHIEVEMENT, WORKFORCE PATHWAYS AND DIVERSIFICATION.

SPECIAL EDUCATION BOARD TRAINING.

LAST YEAR, DR.

DEWAN TOOK THE LEAD WITH MYSELF AND CSBA TO PUT TOGETHER A LOCAL TRAINING FOR OUR SCHOOL BOARD MEMBERS IN THE COUNTY TO BETTER UNDERSTAND THE COSTS AND THE CHALLENGES OF DEALING WITH SPECIAL EDUCATION, AS WELL AS THE FUNDING STRATEGIES.

IN ADDITION TO THAT, IN THE MILPITAS UNIFIED SCHOOL DISTRICT, WE ALSO NOW HAVE OUR VERY OWN SCHOOL WELLNESS CENTER, WHICH WE ARE BREAKING, WHICH WE ARE DOING A GRAND OPENING TOMORROW, THANKS TO DR.

DEWAN, THE COMPUTER SCIENCE PROFESSIONAL DEVELOPMENT.

WE ADOPTED COMPUTER SCIENCE IN 2018, AND NOW THROUGH HER SUPPORT, WE ARE NOW ABLE TO IMPLEMENT THAT.

THERE ARE SO MANY OTHER THINGS THAT DR.

DEWAN HAS BEEN AN ADVOCATE FOR, AND WE LOOK FORWARD TO CONTINUING THAT WORK WITH HER FOR MANY YEARS TO COME.

THANK YOU. OUR NEXT SPEAKER IS [INAUDIBLE].

PLEASE APPROACH THE PODIUM CLEARLY, STATE YOUR NAME AND PRESENT YOUR COMMENT.

RESPECTED SUPERINTENDENT DEWAN PRESIDENT CHON AND TRUSTEES.

MY NAME IS [INAUDIBLE] AND I WORK AS A TEACHER WITH OYECOE.

DECLINING ENROLLMENT HAS BEEN CITED FOR PROGRAM CLOSURES, BUDGET CONSIDERATIONS, ETCETERA.

YES, IT IS A REALITY FOR COE AS MUCH AS FOR CALIFORNIA IN GENERAL.

BUT WE ALSO KNOW THAT DECLINING ENROLLMENT AS A RESULT OF MULTIPLE FACTORS, INCLUDING BUT NOT LIMITED TO COE, REFUSING REFERRALS AND CLOSING CLASSROOMS EVEN WHEN THERE ARE ENOUGH STUDENTS BEING REFERRED FOR A PARTICULAR PROGRAM.

MANY TIMES, COE ISN'T RESPONDING IN A TIMELY MANNER WHEN REFERRALS ARE SENT, AND MANY TIMES COE HAS STATED THAT THERE HAS BEEN NO OPENINGS IN A CERTAIN PROGRAM, EVEN THOUGH WE ALL KNOW THIS IS NOT FACTUALLY CORRECT.

WE WOULD LIKE TO REQUEST THE BOARD AND THE SUPERINTENDENT TO LOOK INTO THE FOLLOWING.

SINCE DECLINING ENROLLMENT IS HAPPENING STATEWIDE, WHAT IS BEING DONE STATEWIDE AND BY OTHER DISTRICTS AND COUNTIES IN THE BAY AREA.

MORE SPECIFICALLY, HOW MANY REFERRALS ARE COMING INTO COE EACH YEAR? WHAT IS OUR RESPONSE TIME FOR THESE INCOMING REFERRALS? HOW MANY REFERRALS ARE WE REFUSING AND WHY? IF WE REFUSE THE REFERRAL, DOES THE STUDENT END UP BEING SERVED IN A NEW COMPARABLE DISTRICT PROGRAM, OR DO THEY END UP AT A MORE RESTRICTIVE NO NON-PUBLIC SCHOOL PLACEMENT INSTEAD, THUS CAUSING MORE MONEY TO THE DISTRICTS? HOW DO WE ENSURE THAT THE PROGRAM CLOSURE IS EQUITABLE AND NOT IMPACTING AN ALREADY MARGINALIZED SECTION OF THE POPULATION THAT WE SERVE? CLASSROOM CLOSURES HAVE A DEEP, LASTING IMPACT ON BOTH STUDENTS AND STAFF.

IF YOU DO PLAN ON CLOSING CLASSROOMS, PLEASE INCLUDE THE STAKEHOLDERS, EVERYONE AND ALSO IN COMPLIANCE WITH AB 1912.

PLEASE TAKE INTO CONSIDERATION THE EQUITY IMPACT OF CLOSING CLASSROOMS AND PROGRAMS. COE HAS ALWAYS BEEN A GREAT PLACE TO WORK.

I'VE BEEN HERE 21 YEARS.

THERE IS A REASON WHY.

CAN WE PLEASE HAVE MORE ACCOUNTABILITY, MORE TRANSPARENCY, MORE HONESTY? AND CAN WE PLEASE INVEST THE TIME IN OUR STUDENTS AND OUR STAFF TO MAKE THIS AN EVEN BETTER PLACE TO WORK? PLEASE? THANK YOU AND HAPPY THANKSGIVING TO EVERYONE.

OUR NEXT SPEAKER IS THE MUSD GOVERNANCE TEAM.

PLEASE APPROACH THE PODIUM, STATE YOUR NAMES AND PRESENT YOUR COMMENT.

HI. MY NAME IS ROBERT JUNG.

I'M A TRUSTEE FOR THE MILPITAS UNIFIED SCHOOL DISTRICT.

ON BEHALF OF THE BOARD, WE LIKE TO PRESENT A COMMENDATION OF SERVICE TO MARY ANN DEWAN IN RECOGNITION FOR HER EFFORTS TO BUILD STRONGER TOGETHER. WE COMMEND SCCBOE SUPERINTENDENT DR.

DEWAN, DR.

MARY ANN DEWAN FOR HER LEADERSHIP IN EARLY LEARNING EXPANSION.

DR. DEWAN HAS SPEARHEADED AN EARLY LEARNING FACILITY STUDIES TO EXPAND ACCESS TO EARLY CHILDHOOD EDUCATION FOR THE CHILDREN OF SANTA CLARA COUNTY.

HER WORK IN EDUCATIONAL AND SYSTEMATIC JUSTICE.

THROUGH HER ADVOCACY EFFORTS WITH STATE AND LOCAL LEGISLATORS, DR.

DEWAN CHAMPIONED FENTANYL AWARENESS AND INTERVENTION EFFORTS, INCLUDING THE FUNDING THAT YIELD TRAINING FOR SCHOOL TEAMS THROUGHOUT SANTA CLARA

[00:30:08]

I'M ARIANNA ROCHA, MILPITAS UNIFIED SCHOOL BOARD TRUSTEE.

EMPOWERING CHILD WELLNESS DURING THE FIRE SEASON OF 2019.

DR. DEWAN PROVIDED GUIDANCE AND SUPPORT TO DISTRIBUTE FOR COMMUNICATION TO DISTRICTS, FOR COMMUNICATION TO FAMILIES ABOUT AIR QUALITY AND PROTECTION, AND THROUGHOUT COVID.

DR. DEWAN SCCOE TEAM COLLABORATED WITH THE SCPHD TO PROBLEM SOLVE AND PIVOT EFFORTS THAT CURBED PANDEMIC OUTBREAKS AND INFORMED SCHOOL TEAMS ON HOW TO DO IN-PERSON LEARNING IN A SAFELY IN A SAFELY.

AND THIS YEAR, THE SCHOOL INITIATED ITS PUBLIC INFORMATION CAMPAIGN TO ASSURE CHILDREN RECEIVE THEIR CHILDHOOD VACCINATIONS.

THANK YOU VERY MUCH.

SANTA CLARA COUNTY BOARD OF ED AND DR.

DEWAN, FOR THE SERVICES THAT YOU HAVE PROVIDED TO OUR 31 COUNTIES.

OUR NEXT SPEAKER IS JOANN VAARS,.

PLEASE APPROACH THE PODIUM CLEARLY, STATE YOUR NAME AND PRESENT YOUR COMMENT.

GOOD EVENING.

I AM JOANN VAARS, AND I HAVE BEEN WORKING AS AN EDUCATOR IN SANTA CLARA COUNTY SINCE 1999 AND AT THE SCCOE SINCE 2018. WHEN I SAW TONIGHT'S AGENDA, I FELT THE NEED TO SPEAK ABOUT THE WORK OF OUR OFFICE UNDER DR.

DEWAN'S LEADERSHIP.

IN MY PROFESSIONAL CAREER AS AN EDUCATOR IN THIS COUNTY, I HAVE NEVER WITNESSED SUCH DEEP COMMITMENT TO PUBLIC EDUCATION, ADVOCACY AND STUDENTS AS THAT IS HELD BY OUR CURRENT SUPERINTENDENT, COUNTY SUPERINTENDENT OF SCHOOLS, DR.

DEWAN IS PRESENT AND COMMITTED TO COMMUNITY.

SHE WORKS TIRELESSLY TO IMPROVE SYSTEMS FOR CHILDREN AND FAMILIES.

HER COMMITMENT TO OUR MISSION IS EVIDENCED IN MANY WAYS, AND INCLUDE HER SUPPORT OF YOUTH WHO QUALIFY FOR EDUCATIONAL ENTITLEMENTS UNDER FOSTER JUSTICE, ENGAGED AND HOMELESS YOUTH EDUCATIONAL CODES.

HER DEEP INVOLVEMENT IN THE CHILDREN'S AGENDA AND MOVING IT FORWARD.

THE VISION SHE HOLDS FOR COMPREHENSIVE COMMUNITY AND PUBLICLY AVAILABLE EDUCATIONAL SERVICES TO SUPPORT OUR ENTIRE COUNTY.

I AM GRATEFUL TO WORK UNDER LEADERSHIP THAT PUSHES ME AS AN EDUCATOR TO PROVIDE MEANINGFUL, MEANINGFUL SUPPORTS AND ADVOCACY IN OUR COUNTY IN THE SERVICE OF PUBLIC EDUCATION.

THANK YOU. OUR LAST THREE SPEAKERS ARE SUPERINTENDENT SHELLY VIRAMONTEZ, SARA [INAUDIBLE] AND ROBERT BRAVO. PLEASE LINE UP BEHIND THE PODIUM LOCATED AT THE ROOM.

GOOD EVENING, TRUSTEES.

DR. DEWAN AND I STAND BEFORE YOU TODAY AS A SUPERINTENDENT OF CAMPBELL UNION SCHOOL DISTRICT, AND I AM PLEASED TO HIGHLIGHT THE INVALUABLE SUPPORT OUR STUDENTS, STAFF AND COMMUNITY RECEIVE FROM THE COUNTY SUPERINTENDENT, DR.

MARY ANN DEWAN.

WE KNOW THAT IN EDUCATION, COLLABORATION IS KEY, AND AS A DISTRICT LEADER, I AM FORTUNATE THAT WE HAVE SUCH A SEAMLESS PARTNERSHIP BETWEEN OUR DISTRICT AND THE COUNTY SUPERINTENDENTS OFFICE.

THE COMMITMENT TO EXCELLENCE IS NOT JUST A SHARED VALUE, BUT AN EXPERIENCED REALITY.

THE PROFESSIONAL DEVELOPMENT OPPORTUNITIES SUCH AS THE AI EVENT HELD JUST LAST WEEK, THAT EMPOWER OUR EDUCATORS TO USE CUTTING EDGE RESOURCES TO ENRICH STUDENTS LEARNING EXPERIENCE IS JUST ONE EXAMPLE, AND THERE ARE MANY.

OUR STUDENTS ARE AT THE HEART OF EVERYTHING WE DO, AND THE COUNTY SUPERINTENDENTS DEDICATION TO FOSTERING A NURTURING EDUCATIONAL ENVIRONMENT IS EVIDENT IN EVERY INITIATIVE THAT SHE UNDERTAKES UNDER HER LEADERSHIP, VISION AND ADVOCACY.

SCHOOL WELLNESS CENTERS, SUCH AS THE ONE WE HAVE AT MONROE MIDDLE SCHOOL, ARE A GROWING REALITY IN SCHOOLS ACROSS OUR COUNTY.

NOW, SHE AND HER TEAM ARE LEADING THE CHARGE TO DEVELOP AN EASY TO USE BILLING PROCESS TO ALLOW DISTRICTS LIKE MINE TO BE ABLE TO SUSTAIN THE MUCH NEEDED COUNSELORS, THERAPISTS AND SUPPORT STAFF TO MEET THE NEEDS OF THE WHOLE CHILD.

HER LEADERSHIP AND MARSHALING OF COMMUNITY GROUPS AND FUNDS FOR OUR INCLUSION COLLABORATIVE AND OUR HER FOCUS ON EARLY LEARNING ARE ADDITIONAL WAYS HER LEADERSHIP IS SUPPORTING OUR COMMUNITY.

BUT IT'S NOT JUST ABOUT THE STUDENTS.

THE UNWAVERING SUPPORT EXTENDED TO OUR HARDWORKING STAFF AS WELL, UNDER DR.

DEWAN'S LEADERSHIP, BECOMES THE BACKBONE OF ANY SUCCESSFUL EDUCATIONAL INSTITUTION AND THE DEDICATION AND PASSION OF HER TEAM TO SUPPORT AND

[00:35:02]

PLEASE APPROACH THE PODIUM CLEARLY.

STATE YOUR NAME AND PRESENT YOUR COMMENT.

I'M SARAH [INAUDIBLE] SEAU CHAPTER PRESIDENT, FIRST SCC.

WE SHOULD ALLOW HYBRID PUBLIC COMMENT, AS MANY OTHER LOCAL AGENCIES AND GOVERNMENTS DO, TO ALLOW MORE OF OUR COMMUNITY TO PARTICIPATE.

IT'S NOT ALWAYS POSSIBLE FOR WORKING FAMILIES WITH CHILDREN TO JOIN IN AN IN-PERSON MEETING THAT ISN'T LOCATED NEAR THEIR HOME AT 5 P.M..

SECOND, TONIGHT'S AGENDA INCLUDES APPROVING VERY LARGE CONTRACTS THAT COVER BOTH SEIU AND ACE BARGAINING UNIT WORK.

WHILE OUR CONTRACTS STATE THAT WE CANNOT CONTRACT OUR WORK OUT, WE HAVE ALLOWED THEM TO DO SO BECAUSE IT IS IN THE BEST INTEREST OF OUR STUDENTS TO HAVE CONTRACT STAFF INSTEAD OF NO STAFF. HOWEVER, WHAT WE'RE EXPERIENCING IS CONTRACTORS HAVING HIGHER HOURLY RATES, MORE FLEXIBILITY, INCLUDING THE ABILITY TO WORK FROM HOME OR NOT HAVING TO ASSIST STUDENTS IN THE RESTROOM THAT EMPLOYEES DO NOT ENJOY.

ADDITIONALLY, IT SEEMS THAT SCOE IS ONLY PAYING LIP SERVICE TO RECRUITING AS WE CONTINUE TO HAVE MORE AND MORE VACANCIES.

FOR EXAMPLE, A LICENSED VOCATIONAL NURSE AT SCCOE MAKES ABOUT 62,000 PER YEAR, WHILE ONE WORKING FOR THE COUNTY OF SANTA CLARA MAKES 10 TO 25,000 MORE PER YEAR WITH COMPARABLE BENEFITS. SCCOE HAS CONTRACTS WITH TWO AGENCIES FOR LIENS TOTALING $5.5 MILLION, AND WE ONLY HAVE ABOUT TEN CONTRACTED LVN'S INSTEAD OF CONTRACTING OUT SCCOE, WE COULD SUBSTANTIALLY INCREASE THE SALARY FOR THOSE WORKERS AND FILL THE VACANCIES AND POSITIONS HELD BY CONTRACTORS.

THERE ARE CURRENTLY FIVE CONTRACTS SPEECH AND LANGUAGE PATHOLOGISTS WITH THREE AGENCIES.

TWO OF THOSE ARE ON TONIGHT'S AGENDA FOR $700,000.

THERE'S AN ADDITIONAL 924,000 FOR MENTAL HEALTH SPECIALISTS, AND $1.5 MILLION FOR A SINGLE PHYSICAL THERAPIST.

I GUARANTEE YOU THAT NONE OF MY [INAUDIBLE] MAKE ANYWHERE CLOSE TO $1.5 MILLION.

ALL OF THIS WORK COULD BE DONE BY OUR BARGAINING UNIT MEMBERS.

IF WE PAID THEM A HIGHER SALARY, WE COULD FILL THESE VACANCIES INSTEAD OF PAYING THESE EXCESSIVE AMOUNTS TO THE CONTRACTING AGENCIES.

THANK YOU.

OUR LAST SPEAKER IS ROBERT BRAVO.

PLEASE APPROACH THE PODIUM CLEARLY, STATE YOUR NAME AND PRESENT YOUR COMMENT.

SHOULD I WAIT FOR THE CLOCK? GOOD EVENING TRUSTEES.

FIRST, I JUST WANT TO START BY THANKING YOU FOR YOUR SERVICE.

DEMOCRACY IS NOT EASY.

AND IN RECENT YEARS, WE'VE SEEN ALL THE MORE SO THAT IT IS NOT EASY.

BECAUSE VERY OFTEN YOUR CONSTITUENTS US IN THE ROOM.

I LIVE IN SAN JOSE, OFTEN HAVE VERY DIFFERING POINTS OF VIEW ABOUT WHAT SHOULD BE DONE.

AND WE COME DOWN HERE AND WE CHALLENGE YOU TO DISCERN, WHICH ISN'T EASY.

SO THANK YOU FOR YOUR SERVICE THROUGH THE THE PROCESS OF THE LAST COUPLE OF YEARS.

I WANT TO JUST COMMENT ON THE LEADERSHIP OF MARY ANN DEWAN, SINCE SOME OF THE OTHER SPEAKERS HAVE DONE SO TONIGHT.

AND JUST TO SAY THAT I CONSIDER HER A EXEMPLAR.

I'M NOT QUITE AS LONG IN EDUCATION AS BILL SANDERSON OF LOS GATOS IS, BUT I STARTED IN 91.

HE STARTED IN 89, I STARTED IN 91.

BUT I HAVE WORKED WITH MANY ADMINISTRATORS, INCLUDING WORKING IN LAUSD AND KNOWING A LOT OF ADMINISTRATORS THERE.

AND OF ALL THE ADMINISTRATORS THAT I'VE WORKED FOR, SHE IS THE PARADIGM OF PROFESSIONALISM.

SHE ALWAYS COMPORTS HERSELF IN A WAY THAT COMMANDS RESPECT, AND I THINK SOMEDAY I DON'T HAVE MUCH TIME LEFT. BUT SOMEDAY I'D LIKE TO GROW UP AND BE DR.

DEWAN. SO I DID RECEIVE MY EMAIL TODAY, A MESSAGE, AND THE MESSAGE WAS FROM.

IT SAYS MEMBER COMMUNICATIONS AT SEIU 5.1 AND IT SAID.

THEY GIVE SSCOE ADMINISTRATION A FAILING GRADE, AND IT'S THE FIRST I'VE HEARD OF IT.

I CAN'T TELL FROM THE EMAIL HOW THAT THEY WORK UP TO THAT, BUT I JUST ASK THAT YOU USE THE POWER OF DISCERNMENT THAT I KNOW YOU HAVE PUBLIC COMMENTS.

THANK YOU. MODERATOR.

TRUSTEE LARI? I'D LIKE TO KNOW IF THERE'S AN UPDATE ON THE GATEWAY PLAYGROUND AT THE MARTIN MURPHY PLAYGROUND THAT CAN BE SHARED WITH US TODAY.

IT'S NOT ON OUR AGENDA TODAY.

[INAUDIBLE]. BUT IF WE'RE ABLE TO PROVIDE AN UPDATE AT A LATER TIME, BUT IT'S NOT ON OUR AGENDA THIS EVENING.

OKAY, SO WE CAN HAVE IT IN THE NEXT.

IT COULD HAVE COME IN THE SUPERINTENDENT REPORT, BUT WE'RE NOT HAVING THAT THIS EVENING, SO WE WILL HAVE TO WAIT UNTIL THE NEXT MEETING.

THANK YOU. BUT OTHER THAN THAT, IT'S NOT ON OUR AGENDA.

[3. CONSENT ACTION ITEMS]

[00:40:03]

EXCUSE THE INTERRUPTION.

WE DO HAVE PUBLIC COMMENT FOR 3F.

OKAY, WE WILL WHEN WE GET TO THAT ITEM I WILL CALL FOR PUBLIC COMMENT.

THANK YOU. AND IF I FORGET, PLEASE DO NOT HESITATE TO INTERRUPT ME.

BUT THIS IS I WOULD ENTERTAIN A MOTION FOR THREE A, B, C AND E PLEASE.

SO MOVED. SECOND.

MOVED BY TRUSTEE DI SALVO AND SECONDED BY VICE PRESIDENT SREEKRISHNAN TRUSTEES.

PLEASE VOTE IN BOARD DOCS.

[INAUDIBLE] THAT SHOULD BE 3A, B, C, AND E.

3D WAS PULLED FOR DISCUSSION.

COULD WE REDO THAT? THANK YOU.

IT POPPED UP.

ARE WE WAITING ON ANY VOTES? CAN YOU LET ME KNOW WHO YOU STILL NEED TO VOTE FOR? I PROBABLY NEED TO DO A VERBAL BECAUSE I DIDN'T SHOW UP YET.

MAYBE WE'RE HAVING SOME.

YEAH, WE'RE. YEAH.

OKAY. THANK YOU. TRUSTEES.

AND THAT MOTION CARRIES WITH SEVEN YESES.

ALL RIGHT, MOVING ON TO CONSENT ACTION ITEM THREE D, A RESOLUTION RECOGNIZING NATIONAL SPECIAL EDUCATION DAY AND EMPOWERING YOUTH VOICES IN SPECIAL EDUCATION.

[D. Resolution Recognizing National Special Education Day and Empowering Youth Voices in Special Education]

THANK YOU, PRESIDENT CHON.

SO TRUSTEE BERTA AND I WORK TO BRING THIS TO THE AGENDA.

THANK YOU FOR ADDING THIS AND I WANTED TO HIGHLIGHT [INAUDIBLE] WHO I'VE MENTIONED IN MY RECENT BOARD MEMBER REPORTS, AND [INAUDIBLE] WANTED TO COME, BUT SHE COULDN'T.

SHE HAD A SCHOOL ACTIVITY, BUT SHE BROUGHT A NOTE ON HER BEHALF THAT I CAN READ.

AND SO, AS I'VE MENTIONED, [INAUDIBLE] HAS NOW BEEN WORKING WITH OUR INCLUSION COLLABORATIVE.

SHE'S AN ADVOCATE FOR SPECIAL EDUCATION INCLUSION, AND I THINK IN A HIGH SCHOOL STUDENT IN CUPERTINO, WHICH I THINK SHE'S VERY WELL BEYOND HER YEARS. SO THIS IS [INAUDIBLE] NOTE.

HI, I'M [INAUDIBLE], A SENIOR STUDENT WHO'S ACTIVELY ENGAGED AND IMMERSED IN THE NEURODIVERGENT COMMUNITY AND IS PASSIONATE ABOUT ALLEVIATING THE STRUGGLES OF STUDENTS WITH DIFFERING ABILITIES.

FROM ALL OF MY WORK TALKING AND MENTORING DIFFERENT STUDENTS AND WORKING WITH FAMILIES, THEIR SOCIAL STRUGGLES, AND LACK OF INTEGRATION IS APPARENT.

ALL THE BULLYING AND ISOLATION IS CAUSED BY TWO BIG THINGS THE SEPARATION OF STUDENTS IN SPECIAL EDUCATION FROM OTHER STUDENTS IN CLASS AND DURING THE LUNCH PERIOD, AND THE LACK OF AWARENESS AND EDUCATION ABOUT STUDENTS WITH DIFFERING ABILITIES AS WELL AS GENERAL ED STUDENTS.

A LOT OF TIMES, GENERAL ED STUDENTS DON'T KNOW HOW TO ACT AROUND STUDENTS WITH DIFFERING ABILITIES.

BECAUSE OF THIS, THEY END UP IGNORING THEM, HAVING STILTED CONVERSATIONS, OR NOT INTERACTING AT ALL.

BEING A PREVIOUS STUDENT, I'VE EXPERIENCED AND SEEN THIS FIRSTHAND.

I'VE SEEN MY FRIENDS ENGAGE IN THIS BEHAVIOR, AND WHEN I WAS YOUNGER, I HAVE AS WELL BECAUSE I DIDN'T KNOW BETTER.

BECAUSE OF THIS, BOTH GROUPS OF STUDENTS ARE MISSING OUT ON REAL, GENUINE FRIENDSHIPS, AND EXCLUSIVITY HAS BECOME A NORM.

I STRONGLY BELIEVE THAT THE PROPOSED RESOLUTION, BECAUSE OF ITS FOCUS ON INTEGRATION AND IMPROVING AWARENESS, CAN SIGNIFICANTLY REDUCE THE ISOLATION OF STUDENTS IN SPECIAL EDUCATION.

CONSEQUENTLY, THE MENTAL HEALTH AND OVERALL DEVELOPMENT OF ALL STUDENTS WILL IMPROVE.

BY EMPHASIZING THESE ASPECTS, WE NOT ONLY PRIORITIZE THE IMPACTED VOICES, BUT ALSO CREATE AN ENVIRONMENT THAT ENCOURAGES GENUINE CONNECTIONS.

[00:45:03]

THANK YOU, VICE PRESIDENT SREEKRISHNAN AND TRUSTEE BERTA FOR BRINGING THAT FORWARD.

TRUSTEE BERTA. THANK YOU.

I JUST WANTED TO ECHO VICE PRESIDENT'S COMMENTS AND THANK [INAUDIBLE] FOR HER, FOR HER LEADERSHIP AND ALSO VICE PRESIDENT SREEKRISHNAN FOR HER COLLABORATION ON THIS RESOLUTION, WHERE WE DID MAKE SOME CHANGES FROM PREVIOUS YEAR'S RESOLUTIONS.

AND I THINK ONE ASPECT THAT I WANT TO EMPHASIZE IS FACILITATING MEANINGFUL INTERACTIONS BETWEEN GENERAL EDUCATION AND SPECIAL EDUCATION. I THINK THERE'S A STRONG EMPHASIS IN HOW WE'RE BEING INTENTIONAL ABOUT DOING THAT, AND MAKING SURE THAT THERE ARE STRONG COLLABORATIONS HAPPENING AT EACH OF OUR PROGRAM SITES, WHETHER IT'S AT A LOCAL DISTRICT SITE OR ON OUR OWN SITE.

I THINK THE COMMUNICATION AND CREATING THE STRUCTURES THAT HELP PROMOTE INCLUSION ARE REALLY IMPORTANT, BECAUSE WE KNOW WE CAN'T JUST ASSUME INCLUSION IS GOING TO HAPPEN BY HAVING KIDS ON THE SAME CAMPUS IT REALLY HAS TO BE FACILITATED.

AND THAT COMES FROM A PLACE OF ALSO RECOGNIZING, YOU KNOW, I'VE WORKED IN AND TAUGHT BOTH IN MANY SETTINGS OF SPECIAL EDUCATION, BUT ONE OF THE MOST POWERFUL SETTINGS THAT I EXPERIENCED WAS CO-TEACHING IN A GENERAL EDUCATION CLASSROOM, SUPPORTING BOTH GENERAL ED AND SPECIAL ED STUDENTS, AND KNOWING THAT THROUGH INTENSIVE COLLABORATION AND, YOU KNOW, STRONG TEAMWORK AT A SITE THAT IS POSSIBLE. BUT IT CERTAINLY TAKES THE EFFORT OF EVERYONE AND THE STRUCTURES AND SYSTEMS AND POLICIES TO SUPPORT THAT.

SO LOOKING FORWARD TO THE CONTINUED WORK AND IMPACT OF STATEMENTS LIKE THIS.

THANK YOU. THANK YOU TRUSTEE BERTA AND VICE PRESIDENT SREEKRISHNAN.

OKAY, SO I'LL ENTERTAIN A MOTION.

SO MOVED.

MOVED BY VICE PRESIDENT SREEKRISHNAN AND SECONDED BY TRUSTEE BERTA.

TRUSTEES, PLEASE CAST YOUR VOTE IN BOARD DOCS.

AND THAT MOTION CARRIES WITH SEVEN YESES.

THANK YOU TRUSTEES.

MOVING ON TO AGENDA ITEM 3F APPROVED CRITERIA, PROCESS AND SCHEDULE FOR COUNTY SUPERINTENDENT EVALUATION TRUSTEE MAH.

[F. Approve Criteria, Process, and Schedule for County Superintendent Evaluation]

I GUESS LOOKING OVER THIS ITEM.

FIRST OFF, I GUESS I WAS SURPRISED THAT IT WAS ON THE CONSENT ACTION ITEMS BECAUSE IT'S SUPPOSED TO BE BROUGHT FORTH TO THE PUBLIC FOR PUBLIC MEETING IN OPEN SESSION TO BE APPROVED AND DISCUSSED.

SO THAT'S ONE REASON WHY I PULLED IT.

AND THEN ANOTHER REASON IS THAT IN LOOKING OVER THE SCHEDULE AND PROCESSES WHICH ARE LISTED HERE, I DO NOT SEE A DATE FOR WHEN THE EVALUATION IS ACTUALLY PRESENTED TO THE SUPERINTENDENT.

IS THAT DATE DETERMINED? BUT JUST NOT ON HERE? YEAH. SO IT WOULD BE IN BETWEEN NOVEMBER 15TH AND THE 20TH IDEALLY BEFORE.

WELL, IT WOULD BE BEFORE DECEMBER 13TH BECAUSE IF THE COUNTY SUPERINTENDENT AND THE BOARD WANTED TO HAVE A DISCUSSION THAT WOULD BE AT THE DECEMBER 13TH MEETING, WE CAN'T HAVE A DISCUSSION WITHOUT PRESENTING THE EVALUATION.

SO IT WOULD BE IN BETWEEN THAT TIME.

BUT WE DON'T HAVE A DATE YET THEN? NO, BECAUSE WE JUST HAVEN'T CHOSEN A SCHEDULE.

LIKE WE HAVE TO LOOK AT OUR SCHEDULES TO, TO PICK A DATE, BUT IT WOULD BE IN BETWEEN THERE.

YEAH. OKAY.

THANK YOU. ANY OTHER DISCUSSION? AND THEN WAS THERE PUBLIC COMMENT ON THIS? YES. I'M GOING TO MOVE TO THAT AFTER THE BOARD'S DISCUSSION.

TRUSTEE BERTA? YEAH. JUST BECAUSE THE BACKGROUND STATES THAT AND I BELIEVE IT'S ALSO IN THE BOARD POLICIES ON THIS ITEM, BUT THAT WE ARE TAKING ACTION ON A CRITERIA, PROCESS AND SCHEDULE.

I WOULD PREFER IF WE COULD ESTABLISH A DATE SO THAT IT'S CLEAR AND TRANSPARENT IN TERMS OF WHEN THAT'S HAPPENING, BECAUSE IT DOES SAY THAT WE'RE APPROVING. A SCHEDULE.

OKAY. I THINK SO.

SO YOU WANT ME TO GIVE YOU THE DATE? I'M GOING TO HAND IT TO HER.

[00:50:02]

I MEAN, I HEAR THAT YOU'RE SAYING IT'S GOING TO HAPPEN BETWEEN THAT.

OR MAYBE IF WE JUST WRITE IN THAT BETWEEN THE STATE AND THE STATE, THAT THE SUPERINTENDENT WILL RECEIVE THE COMPLETED EVALUATION. WOULD YOU BE COMFORTABLE IF I DID BETWEEN NOVEMBER 15TH, BEFORE DECEMBER? AFTER DECEMBER? SORRY.

AFTER NOVEMBER, BETWEEN NOVEMBER 15TH AND DECEMBER 12TH, I WOULD BE I JUST I THINK IT SHOULD BE NOTED SOMEWHERE THAT IT'S CLEAR THAT IT'S BEING PRESENTED.

YEAH, WE COULD DO THAT.

GREAT. SO WITH THAT ADDITION, [INAUDIBLE].

THANK YOU. TRUSTEE ROCHA? THANK YOU. I'D LIKE TO SUGGEST A MODIFICATION TO [INAUDIBLE] OW I'M SORRY, COULD YOU, I DON'T THINK YOUR MICROPHONE IS WORKING.

I'D LIKE TO SUGGEST A MODIFICATION TOO I KNOW THINGS HAVE BEEN TAKEN EXTREMELY LITERAL HERE IN TERMS OF AGENDAS AND WORDING. SO FOR ME, LOOKING AT THE DECEMBER 20TH MEETING, IT DOESN'T ALLOW FOR A CLOSED SESSION.

AND LET'S JUST SAY IN THE HYPOTHETICAL WORLD THAT ANOTHER MEETING IS NEEDED.

I DON'T WANT TO GET WORDED AS SAYING THAT IT'S NOT PART OF THIS EVALUATION TIMELINE.

SO I WOULD LIKE TO HAVE THAT AS AN OPTIONAL AS WELL.

ANOTHER CLOSED SESSION ON THAT DATE.

FOR DECEMBER 20TH.

IS THAT THE FIRST? IS THAT THE FIRST MEETING IN DECEMBER, OR IS THAT THE ONLY MEETING IN DECEMBER? I CAN'T REMEMBER.

DECEMBER, I BELIEVE DECEMBER 13TH IS THE DATE OF OUR MEETING.

I'M SORRY I WASN'T USING MY GLASSES.

SO IT'S DECEMBER 13TH.

YES, THAT'S THE ONLY MEETING.

I LIKE TO SUGGEST THAT WE HAVE THAT AS OPTIONAL AS WELL ON DECEMBER 13TH.

YES, SURE. OKAY, SO GIVE ME A SECOND TO WRITE THIS DOWN SO I CAN REMEMBER.

OKAY, ANY OTHER DISCUSSION? OKAY, BEFORE WE MOVE, WE'LL TAKE PUBLIC COMMENT.

MODERATOR IF YOU COULD TAKE PUBLIC COMMENT AND IF WE COULD PUT THE TWO MINUTE TIMER ON THE SCREEN.

THANK YOU. AS YOU HEAR YOUR NAME, PLEASE LINE UP FOR PUBLIC COMMENT BEHIND THE PODIUM LOCATED AT THE CENTER OF THE ROOM.

AS A REMINDER, ONE PERSON AT A TIME CAN BE AT THE PODIUM TO PRESENT THEIR COMMENT.

UNLESS LANGUAGE SUPPORT IS NEEDED TO PREVENT SOUND DISTORTION, PLEASE KEEP THE MICROPHONE A SHORT DISTANCE FROM YOUR MOUTH.

OUR THREE SPEAKERS ARE SARAH [INAUDIBLE].

CHRISTINA MOORE AND ANNA MENDOZA.

I'M SARAH SEIU CHAPTER PRESIDENT.

WE'RE GRATEFUL THAT THIS ITEM IS FINALLY ON THE AGENDA.

ALTHOUGH MOST OF THE PROCESS HAS ALREADY OCCURRED NEXT YEAR, WE HOPE THAT THE AGENDA ITEM WILL TAKE PLACE PRIOR TO THE START OF THE PROCESS SO THAT THE COMMUNITY CAN BE ENGAGED FROM THE BEGINNING.

THE THREE SCCOE GOALS OUTLINED IN THE IMPACT DOCUMENT ARE THE SAME THREE GOALS THAT ARE ADDRESSED ON THE SCCOE REPORT CARD THAT YOU RECEIVED IN YOUR EMAIL.

THIS DOCUMENT WAS PREPARED BY A COALITION INCLUDING SEIU, ACE PARENTS AND COMMUNITY MEMBERS.

WE RECOGNIZE THAT SCCOE LIKE OUR STUDENTS, HAS MANY STRENGTHS IN EACH GOAL AREA.

WE'RE PROUD OF THE WORK THAT WE'RE DOING TO EDUCATE STUDENTS, SUPPORT DISTRICTS AND OUR COMMUNITY, AND IMPROVE ACCESS TO INCLUSIVE, EQUITABLE, HIGH QUALITY EDUCATION.

WE ALSO KNOW THAT THERE ARE LOTS OF WAYS THAT WE LIKE OUR STUDENTS CAN IMPROVE, AND WHILE THERE ISN'T ENOUGH TIME TO TALK ABOUT THEM ALL, WE'RE ALWAYS AVAILABLE TO ANSWER QUESTIONS AND HAVE A DIALOG. WE'RE ASKING FOR ACTION TO ADDRESS ISSUES, NOT WE HEAR YOU AND WE'LL GET BACK TO YOU BUT NOTHING CHANGES.

OVER A YEAR HAS PASSED SINCE WE ADVOCATED FOR MEALS FOR ALL STUDENTS AT SCHOOL.

OIA STUDENTS STILL DON'T HAVE ACCESS, AND WHEN ONE ADMINISTRATOR COMPLAINED ABOUT STUDENTS FROM ONE CLASS GOING TO ANOTHER CLASS AND WAS TOLD THAT THEY WERE ONLY GOING FOR FOOD, HER SUGGESTION WAS THAT THE TEACHER NOT PROVIDE FOOD.

HOW IS THAT A SOLUTION TO THE FACT THAT OUR STUDENTS DON'T HAVE FOOD? WE CAN TURN THIS FAILING AROUND.

COMMIT TO INVESTING IN STUDENTS AND STAFF.

REDUCE THE HIGH MANAGEMENT TO STAFF RATIO.

SPEND THE $85 MILLION SURPLUS, PAY STAFF A LIVING WAGE INSTEAD OF GIVING IT TO CONTRACT AGENCIES HAVE AN OPEN, TRANSPARENT EVALUATION PROCESS THAT INCLUDES STAKEHOLDER INPUT AND SET SPECIFIC, MEASURABLE, ACHIEVABLE, RELEVANT AND TIME BOUND GOALS.

YES, WE SHOULD USE OUR SMART GOALS HERE TOO AND OBJECTIVES FOR THE SUPERINTENDENT FOR THE NEXT YEAR.

WE LOOK FORWARD TO CONTINUING TO BE A PART OF THE PROCESS AFTER THE EVALUATION IS COMPLETE.

[00:55:01]

PLEASE APPROACH THE PODIUM CLEARLY, STATE YOUR NAME AND PRESENT YOUR COMMENT.

HI, I'M CHRISTINA MOORE.

IT'S GREAT TO HAVE HEARD FROM THE DISTRICTS THAT ARE HERE TONIGHT IN SUPPORT OF OUR SUPERINTENDENT, THAT THEY FEEL STRONGER TOGETHER IN A CULTURE OF WE HAS BEEN BUILT.

IT'S UNFORTUNATE THAT MANY STAFF AND FAMILIES IN OUR OWN COUNTY OFFICE OF ED PROGRAMS DON'T FEEL THE SAME.

I WOULD LIKE TO REQUEST THAT MOVING FORWARD, OUR ADMIN FOSTER TRANSPARENT COMMUNICATION BETWEEN ALL STAKEHOLDERS AND THOSE DECISION MAKERS. WE HAVE BEEN TOLD MANY TIMES OVER THAT THE RECENT CHANGES IMPACTING OUR PROGRAMS HAVE BEEN MADE AT THE BEHEST OF THE SCHOOL DISTRICT.

SO IT'S GREAT THAT THE SCHOOL DISTRICTS ARE HERE NOW, BUT IT WOULD BE GREAT IF THEY COULD.

COMMUNICATION IS ALSO FOSTERED, SO THEY CAN BE HERE TO EXPLAIN SOME OF THE CHANGES THAT HAVE MADE TO OUR PROGRAMS THAT APPARENTLY COME FROM THEM.

IN MY EXPERIENCE, THE PROGRAM SPECIALISTS FROM THE DISTRICTS ARE AS MUCH IN THE DARK AS WE ARE.

IN FACT, MANY HAVE HAD NO CLUE ABOUT CHANGES SUCH AS CLASSROOM CLOSURES AND CONSOLIDATIONS AND HAVE EXPRESSED THEIR FRUSTRATION.

SO I'M JUST CURIOUS WHO IS ACTUALLY MAKING THE DECISIONS IN TERMS OF DECLINING ENROLLMENT.

WE'RE ALSO TOLD THAT THERE'S ACTUALLY MULTIPLE REFERRALS TO BE MADE.

LAST SCHOOL YEAR, STUDENTS WENT MONTHS WITHOUT PLACEMENT BECAUSE DISTRICTS WERE FALSELY TOLD THAT COUNTY CLASSES WERE FULL.

THIS YEAR BECAUSE OF CLASSROOM CLOSURES.

MY CLASS STARTED OUT VERY FULL WITH STUDENTS HAVING AN EXTREMELY COMPLEX COMBINATION OF NEEDS.

WE ALSO HAVE HAD MANY STAFFING ISSUES TO REMEDY THE SITUATIONS.

ONE OF MY STUDENTS WAS MOVED, YET WITH ONE WEEK OF THAT STUDENT MOVING I'VE, I'VE ALREADY HAD A CLASSROOM VISIT FOR POSSIBLE NEW REFERRALS, SO OBVIOUSLY THERE'S A LOT OF DISCONNECT.

THE NEXT SPEAKER IS ANA MENDOZA.

PLEASE CLEARLY STATE YOUR NAME ANDPRESENT YOUR COMMENT.

HI, GOOD EVENING BOARD MEMBERS.

MY NAME IS ANA MENDOZA AND I WORK FOR [INAUDIBLE] AND I REPRESENT GATEWAY PARENTS.

THAT PICTURE WALKING AROUND YOU, THAT'S MIKE MURPHY.

I LOVE HOW EVERYBODY CAME AND TALKED ON BEHALF OF YOU, DR.

DEWAN, BUT IF WE DON'T HAVE MONEY, OUR COMMENT IS USUALLY NOT WELL TAKEN OFF.

RIGHT. SO I FORGOT WE HAVE TO HAVE MONEY.

WE HAVE TO COME HERE AND TALK GOOD ABOUT DR.

DEWAN FOR PEOPLE TO LISTEN.

SO PLEASE LOOK AT THAT PICTURE RIGHT IN FRONT OF YOU.

IF YOU HAVE A HEART, IF YOU HAVE A CHILD, WILL YOU LET YOUR CHILD BE SENT TO A SCHOOL TO BE CAGED LIKE A DOG? YOU SEE, YOU DON'T LOOK AT IT.

RIGHT, SIR, BECAUSE THAT'S NOT IMPORTANT.

SPECIAL NEEDS KIDS ARE NOT IMPORTANT FOR YOU GUYS.

SO THAT'S DR.

DEWAN WHO SENT THEM THERE.

SHE'S THE ONE WHO GAVE THE ORDER FOR THEM TO GO THERE.

THEY WERE AT A REALLY NICE SCHOOL.

THEY'RE, YOU KNOW, THEY'RE BRINGING IT BACK, BUT THEY'RE TELLING OUR PARENTS THEY HAVE TO SIGN AN AMENDMENT AGREEMENT WHERE IT SAYS THAT YOU DO NOT MAKE SCCOE SANTA CLARA COUNTY OFFICE OF EDUCATION RESPONSIBLE FOR THEIR LIFE.

THEY HAVE TO SIGN A PAPER SAYING THAT THEY WAIVE THEIR RIGHTS AND TO ANY FUTURE LEGAL ACTIONS TOWARD YOU GUYS.

SO YES, YOU'RE GIVING THEM GATEWAY BACK, BUT YOU WANT THEM TO SIGN A PAPER.

THE PARENTS WHO DECIDE NOT TO SIGN THE PAPER ARE BEING RESCHEDULED FOR ANOTHER IEP.

SO YEAH.

NICE COMMENTS. LOVE IT.

YOU KNOW, BUT ONLY A MONSTER LIKE YOU AND THE REST OF THE PEOPLE OUT HERE, THAT CAME TO SPEAK ON YOUR BEHALF WILL ATTACK A CHILD THAT CANNOT LITERALLY STAND UP FOR THEMSELVES.

SO THAT'S WE. THAT'S WHAT WE DO.

THE PARENTS DO, YOU KNOW, YET? I MEAN, I DON'T THINK THAT YOU WOULD TOUCH MILPITAS.

I DON'T THINK THAT YOU WOULD TOUCH LOS GATOS.

YOU KNOW WHAT? SOUTH COUNTY DOESN'T HAVE THAT MUCH MONEY.

EVEN THOUGH WE'RE THE RICHEST ONE AROUND.

THERE'S A LOT OF LATINOS YOU'RE TARGETING THE PARENTS OF SOUTH COUNTY.

YOU'RE TARGETING. THIS CONCLUDES PUBLIC COMMENT.

THANK YOU. MODERATOR.

WE WILL NOW MOVE TO APPROVING, OR I WILL NOW ENTERTAIN A MOTION FOR CONSENT ACTION ITEM 3F WITH THE ADDITION OF ADDING PRESENTATION OF EVALUATION TO SUPERINTENDENT BETWEEN 11/15 AND 12/13, NOVEMBER 15TH AND DECEMBER 13TH AND ON DECEMBER 13TH AN OPTIONAL CLOSED SESSION.

SO MOVE.

SECOND. MOVED BY VICE PRESIDENT SREEKRISHNAN AND SECONDED BY TRUSTEE MAH.

[01:00:19]

I CAN EMAIL YOU THOSE MODIFICATIONS.

OH, YOU TOOK IT OKAY. OKAY.

WE'RE GOOD. I'LL GIVE A VERBAL YES.

I DON'T SEE IT ON MY SCREEN.

A VERBAL YES FROM TRUSTEE MAH.

AND THAT MOTION CARRIES WITH SEVEN YESES.

THANK YOU TRUSTEES.

WE WILL NOW MOVE TO AGENDA ITEM 4A ADOPTION OF RESOLUTIONS FOR ENERGY SAVINGS CONTRACT AND ETCETERA.

[A. Adoption of Resolutions for Energy Savings Contract with ENGIE Services for Energy Related Improvements and Lease Purchase Agreement to fund the Energy Savings Project and CEQA Exemption.]

ASSISTANT SUPERINTENDENT GOMEZ WILL PROVIDE A BRIEF STATEMENT.

JUST AS A REMINDER, THE PUBLIC HEARING ON THIS ITEM WAS HELD AT OUR LAST REGULAR MEETING ON WEDNESDAY, NOVEMBER 1ST.

ASSISTANT SUPERINTENDENT GOMEZ.

OKAY. THANK YOU. GOOD EVENING, PRESIDENT CHON, SUPERINTENDENT DEWAN AND TRUSTEES.

A SOLAR ENERGY PROJECT PRESENTATION WAS PROVIDED AT THE PUBLIC HEARING ON NOVEMBER 1ST, AND THE FOLLOWING INFORMATION WAS PRESENTED.

THERE WAS ENERGY SOLAR ENERGY PROJECT SCOPE.

IT ALSO TALKED ABOUT THE ENVIRONMENTAL ENVIRONMENTAL BENEFITS OF THE ENERGY SAVINGS PROJECT.

THE SCOPE OF THE PROJECT, THE SAVINGS AND ALSO THE ELIGIBILITY TO RECEIVE A $2 MILLION FEDERAL DIRECT TAX CREDIT, AS WELL AS A LEASE PURCHASE AGREEMENT TERMS TO FUND THE ENERGY SAVINGS PROJECT.

THE SOLAR ENERGY PROJECT REDUCES SCCOE'S ENVIRONMENTAL IMPACT AND ENERGY COSTS.

IT ALSO INCREASES ENERGY EFFICIENCIES AND INCREASES SUSTAINABILITY IN THE OPERATION OF SCCOE FACILITIES.

ADDITIONAL INFORMATION DETAILING THE SOLAR PANEL LAYOUT FOR EACH ELIGIBLE SCCOE SITE HAS BEEN CONFIRMED AND IS ATTACHED IN THE BOARD AGENDA AND IN ORDER TO MEET THE DECEMBER 31ST DEADLINE, I WOULD LIKE TO RESPECTFULLY REQUEST APPROVAL OF THE RESOLUTIONS FOR THE SOLAR ENERGY PROJECT.

THANK YOU. THANK YOU.

TRUSTEES, ARE THERE ANY QUESTIONS? [INAUDIBLE] OH.

THANK YOU. MEMBER ALVAREZ, WOULD YOU LIKE TO MAKE A COMMENT OR OFFER A PREFERENTIAL VOTE FOR THIS ITEM? YES. THANK YOU.

ON CAMPUS, WE CONTINUE TO WATCH CNN 10 EVERY MORNING.

WE HAVE BEEN ENGAGED IN CONVERSATIONS AROUND CLIMATE CHANGE AND HOW WE CAN MAKE CHANGES TO TAKE CARE OF OUR PLANET.

ALL STUDENTS ARE ENCOURAGED TO ENGAGE IN CLASSROOM DISCUSSIONS ABOUT CLIMATE ACTION AND THE ENVIRONMENT DURING THEIR FIRST PERIOD CLASS.

WE LEARN A LOT ABOUT WHAT IS HAPPENING AROUND US, SO I THINK THIS WOULD BE VERY BENEFICIAL.

THANK YOU. THANK YOU.

STUDENT BOARD MEMBER ALVAREZ.

ANY OTHER COMMENTS FROM TRUSTEES? TRUSTEE BERTA AND THEN TRUSTEE DI SALVO.

I WAS JUST WONDERING IF WE WENT THROUGH AN RFP PROCESS FOR THIS SPECIFIC VENDOR? SORRY. AS PART OF THIS PROCESS, WE'RE DOING THE RESOLUTION TO GO SPECIFICALLY WITH THAT SPECIALIZES IN THIS WORK.

BUT SO OTHER VENDORS WEREN'T CONSIDERED OR DIDN'T GO THROUGH AN RFP PROCESS TO SELECT THIS VENDOR.

THIS PARTICULAR ONE DID NOT, NO.

OKAY. IS THERE A REASON WE DIDN'T GO THROUGH THAT PROCESS? THERE'S SPECIFIC GOVERNMENT CODES THAT WE WORKED WITH LEGAL COUNSEL ON THAT ALLOWED US TO GO THROUGH THIS PROCESS WITH TO CONTRACT WITH THEM, AS WELL AS WITH THE BANK PORTION OF IT.

SO IT DIDN'T REQUIRE US TO GO THROUGH THAT, THAT PROCESS.

OKAY, BUT WAS THERE A SPECIFIC REASON THAT WE DID NOT GO THROUGH THAT PROCESS? YES, BECAUSE THE GOVERNMENT CODE THAT STIPULATES THIS PROCESS AND THE WAY THAT WE NEED TO GO ABOUT DOING CERTAIN THINGS FOR THIS PROJECT DID NOT REQUIRE US TO GO THROUGH AN RFP PROCESS. YEAH, I UNDERSTAND IT WASN'T REQUIRED, BUT I'M JUST ASKING IF THERE WAS A REASON WE CHOSE NOT TO GO THROUGH THAT PROCESS.

YES, THAT'S A GREAT QUESTION.

SO WHEN WE WERE LOOKING AT RECOMMENDATIONS AND REFERENCES THAT WE LOOKED AT OTHER PARTNERING SCHOOL DISTRICTS, ANGIE WAS ONE THAT WAS THE MOST FAMILIAR WITH WORKING WITH

[01:05:06]

OKAY, I JUST AS ONE TRUSTEE SPEAKING, I WOULD FEEL MORE COMFORTABLE IN THE FUTURE IF WE WOULD GO THROUGH, YOU KNOW, A SPECIFIC ESTABLISHED PROCESS WHEN OBVIOUSLY THIS IS A SIGNIFICANT DOLLAR AMOUNT THAT WE'RE INVESTING AND ACROSS MULTIPLE SITES.

I WOULD FEEL MORE COMFORTABLE IF WE DID, YOU KNOW, STUCK WITH A CONSISTENT PROCESS, WHETHER OR NOT WE'RE LEGALLY OBLIGATED TO.

I THINK, YOU KNOW, OBVIOUSLY, AN RFP PROCESS IS VERY COMPREHENSIVE AND COMPARING COST VENDORS, THE TYPES OF QUALIFICATIONS.

AND SO THAT'S SOMETHING I WOULD HAVE LIKED TO HAVE SEEN ON THIS ITEM.

THAT WAS MY MAIN QUESTION FOR NOW.

THANK YOU. OKAY.

THANK YOU FOR THE QUESTION. I ALSO WOULD LIKE TO CONFIRM THAT WITH EVERY OTHER PART OF THE PROCESS, WE DO FOLLOW THAT.

BUT BECAUSE THERE'S SPECIFIC GOVERNMENT CODE RELATED TO THIS, IT DIDN'T REQUIRE IT.

BUT THAT IS OUR STANDARD PROCESS FOR EVERY OTHER TYPE OF PROJECT THAT REQUIRES IT BASED ON SPECIFIC THRESHOLDS.

SO I JUST WANTED TO CONFIRM THAT.

THANK YOU. TRUSTEE BERTA, TRUSTEE MAH.

THANK YOU PRESIDENT CHON. SO I GUESS I JUST ALSO WANT TO AGREE WITH VERY STRONGLY TRUSTEE BERTA AND THAT YES, WE RECOGNIZE WE DIDN'T HAVE TO, BUT THAT WE SHOULD ALWAYS DO IT IF WE CAN, JUST AS A BEST PRACTICE FOR BIDS TO GO AHEAD AND DO RFP PROCESS.

THANK YOU. THANK YOU.

TRUSTEE MAH, TRUSTEE ROCHA.

THANK YOU, TRUSTEE BERTA FOR THAT GREAT QUESTION AND GREAT POINT.

YOU KNOW, AS I SAT HERE AND THOUGHT ABOUT IT EVEN MORE, I HEARD YOUR ANSWER A COUPLE OF TIMES.

I DON'T ALSO UNDERSTAND WHAT IT WOULD HAVE PRECLUDED US FROM, OR WHAT IT WOULD HAVE COST US IN TERMS OF TIME MONEY.

I DON'T KNOW THAT, BECAUSE YOUR ANSWER DOESN'T REALLY SPEAK TO WHY WE DIDN'T DO IT, BECAUSE WE DIDN'T HAVE TO.

FOR ME, THERE'S ONLY A POTENTIAL UPSIDE IN TERMS OF GETTING FOLKS BIDDING AGAINST EACH OTHER, THUS SAVING DOLLARS OR BEING ABLE TO, I GUESS, LEVERAGE ADDITIONAL DOLLARS FOR THE BENEFIT OF THE PUBLIC.

SO I STILL AM LEFT WITH, BECAUSE WE HEARD THAT THEY WERE GOOD AS A JUSTIFICATION FOR NOT TO GO OUT TO MARKET AND SEE IF WE CAN HAVE FOLKS BIDDING AGAINST EACH OTHER IN THE INTEREST OF THE PUBLIC. SO I COULDN'T AGREE MORE, AND THANK YOU FOR RAISING THE GREAT POINT.

I'D ALSO LIKE TO SHARE SOME ADDITIONAL INFORMATION.

TO YOUR POINT, THAT'S A GREAT, GREAT POINT.

WE WERE VERY LIMITED, SO WE DID GO.

WE DID SEEK ABOUT OTHER VENDORS THAT WOULD PROVIDE THESE SERVICES, BUT WE HAD A REALLY TIGHT TIMELINE TO GET OUR APPLICATIONS SUBMITTED TO PG&E WE HAD A HARD APRIL DATE TO GET THE INTERCONNECTIVITY AGREEMENTS IN AND SUBMITTED FOR REVIEW.

IF WE MISSED THAT DATE, WE WOULD NOT BE ELIGIBLE FOR THE SOLAR CREDITS THAT WERE ELIGIBLE TO RECEIVE UNDER THIS PROJECT.

SO THERE WERE SOME TIME CONSTRAINTS IN THAT PIECE AS WELL.

THANK YOU. THAT'S HELPFUL.

BUT THEN WHAT I ALSO HEAR IS THAT MEANT THAT WE DIDN'T DO OUR DUE DILIGENCE IN TERMS OF TIMING AND WEREN'T PREPARED.

AGAIN, I DON'T KNOW IF THIS JUST POPPED UP ON SOMEBODY'S DESK.

YOU'RE TELLING ME THAT TIMING WAS WHAT GOT US HERE, BUT I WOULD ASSUME THAT OPPORTUNITY THIS IS EVERY OTHER AGENCY PROBABLY DEALS WITH THE SAME THING, SO I DON'T.

THANK YOU FOR THE ADDITIONAL INFORMATION, BUT ALL I'M LEFT WITH, DOES THAT MEAN WE STARTED TOO LATE? THANK YOU. ANY OTHER COMMENTS? TRUSTEES? OKAY.

THANK YOU. MAY I GET A MOTION FOR THE ADOPTION OF THE RESOLUTIONS FOR THE ENERGY SAVINGS CONTRACT WITH ENERGY SERVICES, FOR ENERGY RELATED IMPROVEMENTS, AND THE LEASE PURCHASE AGREEMENT TO FUND THE ENERGY SAVINGS PROJECT AND THE CEQA EXEMPTION.

SO MOVED. THANK YOU.

MOVED BY VICE PRESIDENT SREEKRISHNAN.

DO YOU HAVE A WAS THAT A SECOND TRUSTEE BERTA? SECOND BY TRUSTEE BERTA.

TRUSTEES, PLEASE VOTE IN BOARD DOCS.

LOOK, I'VE GOT A MESSAGE SAYING TO LOG BACK IN, SO LET ME GIVE A VERBAL YES FOR THIS.

OKAY. A VERBAL YES FROM TRUSTEE MAH.

AND THAT MOTION CARRIES WITH SIX YESES AND ONE ABSTENTION FROM TRUSTEE DI SALVO.

THANK YOU TRUSTEES.

NOW WE WILL MOVE TO OUR STUDENT BOARD MEMBER REPORT.

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

[INAUDIBLE] PRESIDENT CHON, TRUSTEES, SUPERINTENDENT DR.

DEWAN AND COMMUNITY [INAUDIBLE] THE WELDING COHORT HAS COME TO AN END.

[01:10:01]

THIS WELDING PROGRAM HAS BEEN VERY BENEFICIAL TO THE STUDENTS.

IT HAS ALLOWED US TO EARN CREDITS AND ENCOURAGE US TO GET HANDS ON TRAINING.

THE STAFF AND THE TEACHERS AND STAFF WILL HOST A CELEBRATION FOR THIS COHORT.

WE HAVE ALSO BEEN COMPLETING OUR RED STAR TESTING ON CAMPUS.

THERE WILL BE A FRIENDLY COMPETITION WHERE THE CLASS WITH THE HIGHEST SCORE WILL RECEIVE AN INCENTIVE.

WE RECENTLY HAD THE HONOR TO HAVING SCCOE BOARD MEMBERS, PROBATION AND STATE OFFICIALS TO OUR CAMPUS.

I HAD THE PRIVILEGE OF CONDUCTING THE TOUR SINCE I AM A YOUTH ADVISORY COUNCIL MEMBER AND THE BOARD REPRESENTATIVE.

IT WAS A GREAT EXPERIENCE FOR ME BECAUSE IT ALLOWED ME TO BE PART OF THE DISCUSSIONS ABOUT THE POPULATION WE HAVE ON CAMPUS.

IT ALSO ALLOWED ME TO ANSWER QUESTIONS AND GIVE INPUT FROM A STUDENT'S PERSPECTIVE.

WE TOURED OUR CULINARY CLASS, LIBRARY, WELDING SHOP, AND WELLNESS CENTER.

ALL THESE SPACES ARE BENEFICIAL TO ALL STUDENTS ON CAMPUS.

STUDENTS WERE ALSO INVOLVED BY HELPING WITH THE CATERING SERVICES FOR ALL OUR GUESTS.

THANK YOU. THANK YOU.

STUDENT BOARD MEMBER ALVAREZ FOR YOUR REPORT.

I ALWAYS APPRECIATE HEARING WHAT'S GOING ON OVER THERE.

ALL RIGHT. THAT BRINGS US TO OUR INFORMATION ITEMS. GIVEN THAT WE'VE PULLED SIX A AND SIX B TO OUR NEXT MEETING, WE WILL NOW MOVE TO SIX C.

[A. Statewide System of Support Presentation]

[B. Charter Schools Update]

[C. Presentation on Authority of County Board]

WE ARE JOINED THIS EVENING BY LEGAL COUNSEL, WHO WILL PROVIDE A PRESENTATION REGARDING THE FRAMEWORK FOR SHARED LEGAL COUNSEL FOR THE COUNTY BOARD AND COUNTY SUPERINTENDENT OF SCHOOLS. I'D LIKE TO INTRODUCE MARCELO QUIÑONES AND TONY LOPRESTI FROM THE OFFICE OF THE COUNTY COUNSEL AND JABARI WILLIS FROM AALRR.

THEY WILL BE PROVIDING THIS PRESENTATION.

GOOD EVENING, TRUSTEES.

MY NAME IS TONY LOPRESTI.

COUNTY COUNSEL FOR THE COUNTY OF SANTA CLARA.

AND I'M JOINED BY MY COLLEAGUE.

DEPUTY COUNTY COUNSEL MARCELO QUIÑONES, WHO I KNOW YOU'RE ALL FAMILIAR WITH.

I'M ALSO JOINED BY JABARI WILLIS, A PARTNER AT ATKINSON, ANDELSON, LOYA, RUUD & ROMO OR AALRR.

WE WERE ASKED TO PRESENT TONIGHT TO THE BOARD ON THE LEGAL FRAMEWORK UNDER THE EDUCATION CODE FOR HIRING LEGAL COUNSEL.

I WANT TO BE CLEAR, WE'RE ONLY PRESENTING TONIGHT TO PROVIDE AN OVERVIEW OF THE LAW, NOT TO EXPRESS AN OPINION ON THE PROPRIETY OF ANY PARTICULAR CONTRACT OR ANY PARTICULAR CONTRACT SCENARIO.

I'LL GET THE PRESENTATION STARTED.

I'LL THEN HAND IT ALONG TO MARCELO, AND WE'LL THEN TAKE QUESTIONS FROM THE BOARD ON THE PRESENTATION.

IF YOU COULD GIVE ME THE NEXT SLIDE, PLEASE.

THANKS. I'LL START THE PRESENTATION WITH A QUICK OVERVIEW OF THE GENERAL LEGAL FRAMEWORK IN THE EDUCATION CODE FOR APPOINTING LEGAL COUNSEL AND THEN I'LL TURN IT TO MARCELLO TO DISCUSS THE FACTORS FOR DETERMINING WHETHER A BOARD CAN CONTRACT FOR SEPARATE LEGAL COUNSEL AND THE ATTORNEY GENERAL'S REASONING REGARDING THAT TEST AND HOW THEY APPLY THAT TEST.

NEXT SLIDE. AND ONE MORE.

THANK YOU. AS YOU SEE ON THIS SLIDE HERE, THE EDUCATION CODE PROVIDES THE COUNTY BOARDS OF EDUCATION.

AND COUNTY SUPERINTENDENTS MAY APPOINT LEGAL COUNSEL AND PAY LEGAL COUNSEL AT THE RATE THEY CHOOSE AALRR AND OUR OFFICE SERVE AS JOINT LEGAL COUNSEL TO THE BOARD AND THE COUNTY SUPERINTENDENT.

BOARDS AND SUPERINTENDENTS ARE SUBJECT, HOWEVER, TO AN IMPORTANT LIMITATION ON THEIR ABILITY TO HIRE LEGAL COUNSEL.

NEXT SLIDE PLEASE. EDUCATION CODE 35041.5, WHICH OUTLINES THE APPOINTMENT AUTHORITY FOR COUNTY BOARDS OF EDUCATION AND COUNTY SUPERINTENDENTS, PROVIDES THAT THE COUNTY BOARD OF EDUCATION AND SUPERINTENDENT OF SCHOOLS OF THE SAME COUNTY SHALL APPOINT THE SAME LEGAL COUNSEL.

A 2003 OPINION BY THE CALIFORNIA ATTORNEY GENERAL FOUND THAT COUNTY BOARDS OF EDUCATION MAY NOT APPOINT SEPARATE COUNSEL FROM THOSE CHOSEN TO PROVIDE UNRESTRICTED, INDEPENDENT ADVICE TO THE BOARD.

NEXT SLIDE PLEASE.

AND ONE MORE.

THANK YOU. ALTHOUGH ED CODE REQUIRES THE APPOINTMENT OF THE SAME COUNSEL, THERE ARE LIMITED CIRCUMSTANCES WHEN THE BOARD OF EDUCATION MAY HIRE SEPARATE COUNSEL TO PROVIDE WHAT IS REFERRED TO THE ED CODE AS SPECIAL SERVICES AND I'M GOING TO TURN IT OVER TO MARCELO NOW TO SHARE THE FRAMEWORK FOR DECIDING WHEN A CONTRACT FALLS WITHIN THAT EXCEPTION.

THANK YOU. THANK YOU TONY.

AS TONY MENTIONED, THE QUESTION OF WHETHER THE BOARD HAS AUTHORITY TO CONTRACT FOR SEPARATE COUNSEL TURNS ON WHETHER THE SERVICES THAT ARE SOUGHT QUALIFY AS SPECIAL

[01:15:03]

WHILE THE WHILE THE TERM SPECIAL SERVICES IS NOT DEFINED IN THE EDUCATION CODE, THERE HAS BEEN A FRAMEWORK THAT HAS EVOLVED EMERGED OVER TIME AS COURTS HAVE ANALYZED THIS TERM.

SPECIAL SERVICES IN DIFFERENT CONTEXTS.

ONE FUNDAMENTAL PRINCIPLE THAT'S BEEN REPEATED BY THE COURTS IS THAT THIS QUESTION OF WHETHER SERVICES ARE SPECIAL SERVICES IS REALLY DRIVEN BY THE SPECIFIC FACTS OF THE SERVICES THAT ARE SOUGHT.

NEXT SLIDE, PLEASE.

IN CONDUCTING A HOLISTIC ANALYSIS OF WHETHER THE SERVICES ARE SPECIAL SERVICES, THE COURTS HAVE IDENTIFIED THREE CRITERIA THAT GUIDE THAT ANALYSIS.

AGAIN, I WANT TO EMPHASIZE THAT IT'S NOT A CHECKLIST NECESSARILY.

THESE ARE THE CRITERIA OR THE GROUPS OF FACTS THAT REALLY GUIDE THAT ANALYSIS AS TO WHETHER SERVICES ARE SPECIAL SERVICES.

AND THOSE THREE AREAS ARE THE NATURE OF THE SERVICES, THE QUALIFICATIONS OF THE PERSON PROVIDING THE SERVICES, AND THE AVAILABILITY OF THE SERVICES FROM PUBLIC SOURCES. I'D ALSO NOTE THAT IN SOME CASES, THERE'S LIMITED CONSIDERATION THAT'S GIVEN TO THE DURATION FOR WHICH THE SERVICES WOULD BE PROVIDED, WITH MORE TEMPORARY OR SHORTER TERM SERVICES MORE LIKELY TO BE CONSIDERED SPECIAL SERVICES.

I'LL GO THROUGH EACH OF THE CRITERIA AND TO PROVIDE A BIT MORE CONTEXT AS TO HOW COURTS HAVE APPLIED THOSE.

NEXT SLIDE PLEASE. WHEN ASSESSING THE FIRST AREA, COURTS ARE REALLY FOCUSED ON THE EXPERTISE OR SKILL THAT'S REQUIRED BY THE SERVICES THAT WILL BE OFFERED.

WHAT I WOULD SAY ABOUT THIS FACTOR IS THAT THERE'S A CONTINUUM.

ON THE ONE HAND, WHAT COURTS HAVE DESCRIBED AS MORE MUNDANE OR EASILY PERFORM TASKS AND ON THE OTHER HAND, MORE UNIQUE OR RARE SERVICES THAT ARE OFFERED.

AND WHAT COURTS ARE LOOKING FOR IS DO THOSE SERVICES FALL CLOSER ON THE CONTINUUM TO THE UNIQUE OR RARE SERVICES THAT ARE OFFERED? I CAUTION THAT COURTS ARE CLEAR HAVE CLEARLY STATED THAT IT'S NOT AS THOUGH YOU'RE LOOKING FOR ONE OF A KIND SERVICES.

THE TEST IS NOT THAT HIGH OF A THRESHOLD, BUT AGAIN, LOOKING TO BE CLOSER ON THE CONTINUUM WHERE THE SERVICES ARE MORE UNIQUE OR RARE IN NATURE. NEXT SLIDE PLEASE.

IN ASSESSING THE QUALIFICATIONS OF THE INDIVIDUAL PROVIDING THE SERVICES, I THINK THIS ONE'S FAIRLY INTUITIVE.

COURTS ARE LOOKING AT THE EDUCATION, EXPERIENCE, TRAINING OF THE INDIVIDUAL WHO WILL BE PROVIDING THE SERVICES.

I DO THINK IT WOULD BE POTENTIALLY HELPFUL TO TALK THROUGH ONE OF THE CASES THAT LOOKED AT WHETHER DIVERSITY TRAINERS FOR A SCHOOL DISTRICT WOULD BE CONSIDERED TO FALL UNDER THE SPECIAL SERVICES AUTHORITY.

AND IN THAT CASE, THE COURT LOOKED AT WHETHER THOSE TRAINERS WERE SPECIALLY QUALIFIED BECAUSE OF THEIR EDUCATION, EMPLOYMENT BACKGROUND, THEIR CONNECTION TO THE LOCAL COMMUNITY.

THIS WAS A SANTA BARBARA SCHOOL DISTRICT, AND MANY OF THE TRAINERS HAD EITHER WORKED FOR THE DISTRICT OR LIVED IN THE DISTRICT, OR ATTENDED SCHOOL IN THE DISTRICT, AND ALSO THEIR EXPERIENCE WORKING WITH OTHER SIMILAR SCHOOL DISTRICTS ON THE SAME TYPE OF TRAINING.

NEXT SLIDE, PLEASE.

THE THIRD CRITERION THAT'S LOOKED AT IS THE AVAILABILITY OF SERVICES FROM PUBLIC SOURCES.

SO COURTS WILL LOOK TO WHETHER THE AGENCY IS SPENDING FUNDS FOR SERVICES THAT WOULD ALREADY BE AVAILABLE TO THAT AGENCY.

WHILE IT'S NOT NOTED SPECIFICALLY IN THE CRITERIA AS IT'S DEVELOPED OVER TIME, I WOULD NOTE THAT THERE'S ONE CASE THAT DETERMINED THAT PARTICULAR LEGAL SERVICES WERE NOT SPECIAL SERVICES, BUT IN THAT CASE, THE SERVICES WERE AVAILABLE TO THE AGENCY FOR FREE.

AND SO IF TO THE EXTENT THAT THERE ARE SERVICES THAT ARE PUBLICLY AVAILABLE FROM A PUBLIC AGENCY, BUT THEY'RE NOT AVAILABLE FOR FREE, THAT WOULD BE LESS LIKELY TO UNDERMINE AN ARGUMENT THAT THEY WOULD BE SPECIAL SERVICES.

NEXT SLIDE.

SO THE TEST THAT I OR CRITERIA THAT I PRESENTED, IT'S AN OVERALL PICTURE.

AND YOU LOOK TO THE PICTURE TO SEE, OKAY, ARE THESE SERVICES SPECIAL GIVEN ALL OF THOSE CRITERIA? TAKEN TOGETHER, THE AG OPINION THAT TONY MENTIONED FROM 2003 HELPFULLY PROVIDED MORE CONCRETE GUIDANCE AS TO

[01:20:06]

AND FINALLY, IF THE BOARD DESIRES A SECOND LEGAL OPINION FROM THAT WHICH IS PROVIDED BY EXISTING SHARED COUNSEL.

NEXT SLIDE, PLEASE.

AND WITH THAT, WE'LL TAKE ANY QUESTIONS THAT THE BOARD HAS.

THANK YOU FOR THAT PRESENTATION.

VICE PRESIDENT SREEKRISHNAN.

YEAH, THANK YOU.

I WANTED TO ASK ABOUT JUST GOING BACK TO THE LAST SLIDE WITH THE FOUR POINTS.

IF WE COULD GET MORE INFORMATION ABOUT HOW A CONFLICT OF INTEREST IS DECIDED, I CAN UNDERSTAND THE OTHER THREE, YOU KNOW, FAIL TO RENDER TIMELY ADVICE OR NOT IN THEIR EXPERTISE OR JUST WANTING ANOTHER OPINION.

BUT HOW IS A CONFLICT OF INTEREST DETERMINED? THANK YOU, TRUSTEE SREEKRISHNAN.

IN TERMS OF THE IDENTIFICATION OF A CONFLICT OF INTEREST, I THINK THERE ARE A COUPLE OF WAYS IN WHICH THAT WOULD BE DETERMINED.

AS ATTORNEYS, WE HAVE A LEGAL AND ETHICAL OBLIGATION TO IDENTIFY CONFLICTS.

AND SO THERE WILL BE INSTANCES WHEN A SHARED COUNSEL, WE WOULD COME FORWARD AND SHARE THAT WE'VE IDENTIFIED A POTENTIAL OR ACTUAL CONFLICT OF INTEREST.

TO THE EXTENT THAT THE BOARD BELIEVES THAT THERE IS A CONFLICT OF INTEREST, THAT INFORMATION, AGAIN, BECAUSE THIS IS A FACT BASED INQUIRY, THAT INFORMATION CAN BE SHARED CONFIDENTIALLY WITH COUNSEL TO PROVIDE AN OPINION AS TO WHETHER THERE IS A CONFLICT OF INTEREST.

SO IS IT THE COUNSEL RECUSING THEMSELVES, OR DOES THE BOARD VOTE ON IF IT'S A CONFLICT OF INTEREST? SO, COUNSEL, IF THERE IS A CONFLICT, WOULD RECUSE AND THE BOARD WOULD HAVE THE BOARD'S AUTHORITY RELATES TO CONTRACTING FOR SPECIAL SERVICES, BUT IT WOULD BE COUNSEL THAT WOULD EITHER RECUSE OR OPINE AS TO WHETHER THERE IS A CONFLICT OF INTEREST. AND THEN THE BOARD WOULD TAKE THAT INFORMATION AND ACT WITHIN ITS AUTHORITY AS IT RELATES TO SPECIAL SERVICES.

SO CAN THE BOARD SEEK EXTERNAL COUNSEL IF A CONFLICT OF INTEREST IS NOT DETERMINED BY THE COUNSEL? THE BOARD WOULD NEED TO IDENTIFY ANOTHER BASIS, WHETHER IT'S ONE OF THESE FOUR CIRCUMSTANCES OR SPECIFIC FACTS THAT SUPPORT A FINDING THAT THESE WOULD BE SPECIAL SERVICES AND HOW DO THEY IDENTIFY THAT? IS IT AT A PUBLIC BOARD MEETING OR.

SO THAT INFORMATION CAN BE SHARED CONFIDENTIALLY.

AGAIN, FOR A LEGAL ANALYSIS AS TO WHETHER THE SERVICES THAT ARE SOUGHT ARE SPECIAL SERVICES.

TONY? I JUST WANTED TO ADD THAT IN THE CASE OF A CONFLICT, IF WE WERE TO IF COUNSEL WERE TO DECLARE A CONFLICT, THEY WOULD BACK AWAY FROM THE MATTER ALTOGETHER. SO BOTH THE BOARD WOULD NEED TO IDENTIFY COUNSEL AS WELL AS THE SUPERINTENDENT WOULD SEPARATELY IDENTIFY COUNSEL.

WE AS SHARED COUNSEL WOULD NOT BE SERVING AS EITHER THE BOARDS OR THE SUPERINTENDENTS COUNSEL.

OKAY, SO IF THE BOARD IDENTIFIES A CONFLICT OF INTEREST, WHO DO THEY TELL THAT THEY THINK THEY HAVE A CONFLICT OF INTEREST? AND DO THEY TELL THE COUNCIL? OR CAN THEY JUST GO SEEK THEIR OWN OUTSIDE COUNSEL? I THINK THAT INFORMATION WOULD BE COMMUNICATED THROUGH THE BOARD PRESIDENT TO COUNSEL, TO OPINE AS TO WHETHER THERE IS A CONFLICT OF INTEREST, TO OPINE.

SO IT'S NOT ABOUT A BOARD MAJORITY.

NO. OKAY.

AND FOR ANY SORT OF CONTRACT APPROVAL FOR OUTSIDE COUNSEL.

DOES THE PUBLIC NEED TO SEE THE CONTRACT IN A PUBLIC BOARD AGENDA FOR IT TO BE APPROVED, OR CAN THE BOARD APPROVE IT WITHOUT A CONTRACT BEING IN A PUBLIC BOARD AGENDA? THE CONTRACT WOULD NEED TO BE POSTED IN ORDER TO APPROVE IT.

WOULD WE NEED TO DO AN RFP PROCESS TO SEEK OUTSIDE COUNSEL? I THINK THEY'RE LIKELY TWO SCENARIOS.

[01:25:04]

THERE WOULD BE A REQUIREMENT IN THE BOARD BYLAWS FOR AN RFP PROCESS, TO THE EXTENT THAT THE BOARD IS SEEKING SEPARATE COUNSEL FOR SPECIAL SERVICES.

THAT REQUIREMENT WOULD NOT APPLY.

SO THERE WOULDN'T BE A REQUIREMENT FOR RFP.

BUT THERE ARE REQUIREMENTS.

OBVIOUSLY, IT RELATES TO WHETHER THESE ARE SPECIAL SERVICES IN TERMS OF THE QUALIFICATIONS AND THE EXPERTISE OF THE COUNSEL, THAT SORT.

AND I WANTED TO ASK JUST A BIT OF HISTORICAL.

THIS IS MY LAST QUESTION, BUT I KNOW THAT THIS BOARD PREVIOUSLY HAS SOUGHT SECOND OPINIONS.

BUT DO WE KNOW IF THIS BOARD, LIKE IN RECENT HISTORY, HAS HIRED OUTSIDE COUNSEL? DOES RECENT HISTORY MEAN MAYBE LIKE THE LAST 30 YEARS? YES. DOES SOMEONE.

I APPRECIATE THAT, BUT I'VE HEARD CONFLICTING THINGS, I WOULD APPOINT TO, I WOULD GO TO COUNSEL TO ANSWER THAT QUESTION, SO IF YOU KNOW THE ANSWER, [INAUDIBLE] IF THEY KNOW THE ANSWER.

YEAH, FROM A HISTORY STAND POINT. WELL I WOULD LIKE TO HEAR FROM THEM FIRST.

AND THEN IF THE BOARD MEMBERS WANT TO CHIME IN AFTER WE, I WILL ACKNOWLEDGE YOU.

[INAUDIBLE] KNOW THE ANSWER TO THAT QUESTION.

I'M AWARE OF ONE SCENARIO THAT INVOLVED OUR OFFICE, WHERE THERE WAS A SECOND LEGAL OPINION THAT WAS SOUGHT.

I BELIEVE IT WAS BACK IN 2012 RELATED TO THE GRAND JURY INVESTIGATION.

AND IN THAT SCENARIO, THE OUR OFFICE, BASED ON COMMUNICATIONS WITH THE TRUSTEES, AGREED THAT IT WOULD BE APPROPRIATE TO SEEK A SECOND LEGAL OPINION AS TO A PARTICULAR MATTER.

I DON'T I'M AWARE OF THOSE COMMUNICATIONS.

I'M NOT AS AWARE OF SORT OF WHAT WHAT HAPPENED BEYOND OUR ADVICE, THAT SECOND LEGAL OPINION WOULD BE APPROPRIATE IN THAT CIRCUMSTANCE.

AND HOW MANY TIMES WAS THIS BOARD SUED IN THE LAST THREE DECADES? I DON'T KNOW, I WOULD HAVE TO DO SOME RESEARCH ON THAT.

DOES OUR SUPERINTENDENT KNOW? I DON'T HAVE A 30 YEAR HISTORY.

I DURING MY TEN YEARS, TRUSTEE DI SALVO WOULD LIKELY BE AWARE AS WELL.

THERE WERE A FEW TIMES.

SO WHAT YEARS WAS THAT? I CAN SPEAK TO THE TOPICS.

THERE WAS ONE MATTER RELATED TO THE APPROVAL OF THE ROCKETSHIP PUBLIC SCHOOLS APPROVAL.

I BELIEVE THERE WAS ANOTHER TIME WHEN IT WAS RELATED TO BOARDS DECISIONS RELATED TO EXPULSION BY AN INDIVIDUAL DISTRICT, AND I BELIEVE THERE MAY HAVE BEEN A THIRD TOPIC THAT I DON'T RECALL AT THE MOMENT.

SO ABOUT THREE TIMES IN TEN YEARS.

AND WHAT WERE THOSE YEARS? OR BALLPARK? OH, IT WOULD BE SINCE 2012, 2013 TO WHAT YEAR? TO PRESENT? TO PRESENT.

OKAY. THANK YOU, VICE PRESIDENT SREEKRISHNAN.

TRUSTEE MAH, DO YOU HAVE A QUESTION? YEAH. SO I'D LIKE TRUSTEE DI SALVO TO COMMENT ON THE HISTORY THAT HE DOES KNOW OF WHEN WE HAVE HIRED LEGAL COUNSEL, SPECIAL SERVICES.

WE HAD LEGAL COUNSEL FOR THE ZONING ISSUE, WHETHER WE COULD REZONE PROPERTY OR NOT.

WE FELT WE WERE A SCHOOL DISTRICT, BUT THE COURTS RULED THAT WE WERE NOT A SCHOOL DISTRICT, BUT WE HAD SEPARATE LEGAL COUNSEL FOR THAT.

WE HAD LEGAL COUNSEL FOR THE ISSUES ABOUT SUPERINTENDENT WEIS.

WE HAD A SEPARATE COUNSEL, THEN THE SUPERINTENDENTS COUNSEL.

I THINK WE HAD A SEPARATE OR MAYBE IT WAS A COUNCIL TOGETHER WITH THE SUPERINTENDENT WHEN WE VOTED ON 20 ROCKETSHIP CHARTER SCHOOLS AND THE SUIT BROUGHT BY SAN JOSE UNIFIED SCHOOL DISTRICT, THAT WE DIDN'T HAVE THE RIGHT TO DO THAT AND THAT ENDED UP TAKING SEVERAL YEARS, AND I'M NOT.

I DON'T RECALL WHETHER OUR COUNSEL WAS SEPARATE FOR OUR RIGHT TO BE ABLE TO DO WHAT WE DID BY APPROVING 20 ROCKET SHIPS AT ONE TIME ON A 5 TO 2 VOTE.

THOSE ARE THE ONES I REMEMBER.

[01:30:01]

THEY DO PIGGYBACK OFF OF VICE PRESIDENT SREEKRISHNAN QUESTION ABOUT ESTABLISHING A CONFLICT OF INTEREST.

AND PLEASE, IF YOU ARE NOT ABLE TO GUIDE US WITH THIS QUESTION, I UNDERSTAND.

JUST WITH CONCERNS TO OUR OBLIGATIONS TO FOLLOW THE BROWN ACT, WHAT WOULD BE LIKE AN APPROPRIATE WAY FOR THE BOARD TO NOTIFY OR EXPRESS CONCERNS THAT THERE COULD BE A CONFLICT OF INTEREST.

I WOULD ASSUME THAT JUST MEETING AND COULD WOULD WE STATE IT AT A BOARD MEETING, WOULD IT BE SEPARATE EMAILS TO THE PRESIDENT? I WOULD JUST LIKE SOME GUIDANCE ON THAT SO THAT WE ARE CAREFUL IN FOLLOWING OUR DUTIES AS WELL.

THANK YOU, PRESIDENT CHON.

SO AND THAT INFORMATION AS IT RELATES TO THE SERVICES THAT ARE SOUGHT, THE NATURE OF THOSE SERVICES AND THE CONFLICT OF INTEREST THAT MAY EXIST COULD BE SHARED WITH YOU SO THAT WE CAN YOU CAN SHARE IT WITH JOINT COUNSEL TO PROVIDE A CONFIDENTIAL OFF AGENDA MEMORANDUM REGARDING THE POTENTIAL EXISTENCE OF A CONFLICT OF INTEREST.

AND I JUST WANT TO ADD THAT THE BOARD BYLAWS DO ADDRESS THE IDENTIFICATION OF A CONFLICT OF INTEREST.

AND THAT DOES START ACCORDING TO THE BYLAWS, WITH COUNSEL ASSESSING THE POTENTIAL CONFLICT OF INTEREST.

[INAUDIBLE] COULD YOU? ARE YOU ABLE TO GIVE US WHICH BOARD BYLAW NUMBER THAT IS.

SURE. IT'S 9124.

THANK YOU. IT'S THE FINAL PARAGRAPH OF THAT BYLAW.

THANK YOU. OH.

THIRD PARAGRAPH. EXCUSE ME.

OKAY. THANK YOU.

TRUSTEE MAH. I'M SORRY, JUST TO ADD A BIT OF CLARITY TO THAT.

SO I'M SORRY, NOT CLARITY, BUT TO ADD TO IT REGARDING HOW THE BOARD WOULD INITIATE THAT, THE BOARD COULD MAKE A MOTION TO CALL FOR COUNSEL TO CARRY OUT THAT ANALYSIS AND PROVIDE AN OFF AGENDA MEMO.

AND HOW WOULD THEY DO THAT WHEN CONSIDERING A PARTICULAR ITEM, THEY COULD VOTE.

THEY COULD MAKE A MOTION SECOND VOTE TO ASK COUNTY COUNSEL, DIRECT COUNTY COUNSEL, OR ALLRR TO CARRY OUT THAT ANALYSIS AND DETERMINE WHETHER THERE'S A CONFLICT AND PROVIDE AN OPINION OFF AGENDA.

IT'S ALSO, AS MARCELO SAID, POSSIBLE FOR THE PRESIDENT TO ASK FOR THAT ON BEHALF OF THE BOARD FOR AN OPINION ON THAT POINT.

SO THERE'S TWO WAYS IT COULD BE DONE IN A PUBLIC MEETING OR IF IN REGARDS TO THIS BOARD, SPECIFICALLY, IF I HAD RECEIVED SEPARATE EMAILS FROM THE BOARD MEMBERS, I COULD THEN REQUEST A LEGAL ANALYSIS OF OUR JOINT COUNSEL, AND I WOULD SPECIFICALLY LIST WHAT I WHAT IS SHARED WITH ME AS WHAT THE INTEREST IS, WHAT THE CONFLICT OF INTEREST IS.

YES. OKAY. THANK YOU.

TRUSTEE MAH YOU HAD A QUESTION.

THANK YOU. YES.

I'D LIKE TO ASK OUR JOINT COUNSEL HERE IF WE WERE TO ASK YOU GUYS ABOUT QUESTIONS REGARDING OUR BOARD'S RIGHTS WITH RESPECT TO THE EVALUATION OF THE SUPERINTENDENT, AS WELL AS THE RIGHTS OF THE BOARD VIS A VIS THE SUPERINTENDENTS, CONTRACT WITH THOSE SERVICES, BE A, YOU KNOW, WOULD THAT BE A CONFLICT OF INTEREST AND WOULD THOSE BE CONSIDERED SPECIAL SERVICES? BECAUSE IT'S SUCH A FACT DRIVEN INQUIRY.

I THINK WE WOULD WANT TO HAVE ALL OF THE RELEVANT FACTS TO BE ABLE TO CONDUCT THAT ANALYSIS.

WE WANTED TO SHARE HERE TONIGHT THE FRAMEWORK FOR THAT ANALYSIS AND WHAT WOULD GUIDE THE ANALYSIS.

BUT WE WOULD NEED TO CONSIDER THE SPECIFIC FACTS AND LOOK TO SOME OF THE CASES THAT I MENTIONED AT A VERY, EXTREMELY HIGH LEVEL TONIGHT TO COMPARE AND APPLY THOSE CASES TO THE FACTS THAT ARE PRESENTED.

SO I GUESS I'M STILL NOT EXACTLY CLEAR, BECAUSE IT SAYS IN THE BOARD POLICY HERE THAT IF THERE ARE OOPS, LET ME PULL THAT PART BACK UP.

THIS IS THE SAME BOARD POLICY THAT YOU QUOTED, THAT THERE WOULD BE A CONFLICT OF INTEREST IF THE SHARED JOINT COUNSEL WAS TO ADVISE BOTH THE BOARD AND THE COUNTY SUPERINTENDENT ON A PARTICULAR ISSUE.

SO IN FACT, IT WOULD SEEM THAT A CONTRACT OF THE SUPERINTENDENT WOULD BE SOMETHING THAT WOULD BE CONFLICTED BY JOINT COUNSEL.

[01:35:01]

THERE WOULD BE A CONFLICT IF THE JOINT COUNCIL DETERMINES THAT.

I'M SORRY. LET ME START OVER.

THE JOINT COUNSEL WOULD DETERMINE WHETHER THERE WOULD BE A CONFLICT IN ADVISING BOTH THE BOARD AND THE COUNTY SUPERINTENDENT.

AND SO WHAT I'M SHARING IS THAT WE WOULD NEED ALL OF THE FACTS IN ORDER TO MAKE THAT DETERMINATION.

SO SPECIFIC QUESTIONS THEN ABOUT THE SUPERINTENDENT'S CONTRACT WOULD HAVE TO BE INDIVIDUALLY ANALYZED FOR CONFLICT.

POTENTIAL CONFLICT.

WE WOULD HAVE TO KNOW MORE ABOUT THE NATURE OF THE CONFLICT, WHY THERE'S A POTENTIAL DIVIDED LOYALTY ISSUE.

WHAT ARE THE ISSUES RELATED TO WHAT THE BOARD IS SEEKING FROM SEPARATE COUNSEL? THAT WOULD POTENTIALLY RAISE A CONFLICT ISSUE.

SO I THINK WE WOULD NEED MORE CONTEXT THAN WHAT WE HAVE CURRENTLY.

I GUESS THIS GOES IN SOME DIFFERENCE TO WHAT WE'VE HAD IN THE PAST.

FURTHER EXAMPLES THAT TRUSTEE DI SALVO DIDN'T MENTION WAS WHEN WE'VE GONE INTO CONTRACT NEGOTIATIONS WITH SUPERINTENDENTS AS THEY'VE STARTED OR AS THEY'VE DEPARTED, WE'VE SPECIFICALLY HAD SEPARATE COUNSEL FROM THE SUPERINTENDENT BECAUSE THOSE CONTRACTS.

IT WOULD SEEM TO ME, AS WE'VE SHOWN IN THE PAST, TO HAVE DIFFERENT VIEWS WHICH WOULD BE CONFLICTED BY A SINGLE COUNSEL.

I THINK IT WOULD DEPEND ON WHAT THE IF.

IN THE PAST THERE HAS BEEN AN ISSUE RELATED TO EVALUATION AND POTENTIAL TERMINATION OR IN THE HIRING.

AND THERE'S A DIFFERENCE OF OPINION REGARDING PARTICULAR PROVISIONS OF A CONTRACT, THEN CERTAINLY THERE COULD THERE WOULD BE A CONFLICT OF INTEREST THERE.

BUT OR IT COULD BE A CONFLICT OF INTEREST THERE.

EXCUSE ME. I THINK IT DEPENDS ON THE FACTS THAT HAVE BEEN PRESENTED.

AND AS WE SIT HERE TONIGHT, WE DON'T HAVE AN UNDERSTANDING OF WHAT THE FACTS ARE ASSOCIATED WITH ANY POTENTIAL CONFLICT OF INTEREST THAT'S BEEN IDENTIFIED BY THE BOARD.

VICE PRESIDENT. SREEKRISHNAN.

AND THEN TRUSTEE BERTA, TRUSTEE BERTA FIRST.

THANK YOU. SO IF OUR JOINT SHARED COUNCIL WERE TO EXPRESS A CONCERN ABOUT.

MAYBE NOT EXACTLY SAYING CONFLICT OF INTEREST, BUT ADVISING US TO SEEK SEPARATE COUNSEL.

WOULD THAT MEET THE CRITERIA FOR THE FIRST? WOULD THAT MEET WHAT THE FIRST OPTION IS? YEAH IT WOULD.

SO IF THERE WAS.

THAT'S A GOOD QUESTION.

I THINK IT WOULD DEPEND ON IF THERE IS A CONCERN, AS IT RELATES TO A CONFLICT OF INTEREST THAT THE SHARED COUNSEL HAS IDENTIFIED, THAT WOULD SUPPORT THE BOARD FINDING THAT SPECIAL SERVICES ARE NEEDED IN A PARTICULAR INSTANCE.

AND I THINK WE WOULD NEED MORE FACTS AS TO THE AGAIN, AS TO THE CONFLICT THAT THE BOARD FEELS THERE IS IN THE EVALUATION PROCESS THAT REQUIRES SEPARATE COUNSEL.

BUT IF THAT WERE TO COME FROM SHARED COUNSEL, WOULD THAT MEET THE CRITERIA OF EXISTING SHARED COUNSEL HAS IDENTIFIED A CONFLICT OF INTEREST? YES.

THANK YOU. AND HOW WOULD THAT CONFLICT BE IDENTIFIED? WOULD IT BE IN WRITING OR.

IT WOULD BE IDENTIFIED THROUGH A CONFIDENTIAL OFF-AGENDA MEMORANDUM BASED ON THE FACTS THAT ARE SHARED WITH JOINT COUNCIL, PRESIDENT CHON WOULD. OR IF IT DOES COME UP, AS TONY MENTIONED IN OPEN SESSION AND THERE'S A MOTION AND I THINK WE WOULD STILL WANT TO SEEK OUT MORE FACTS AS TO THE CONFLICT, BUT WE WOULD PROVIDE THAT MEMORANDUM OFF AGENDA FOR THE BOARD TO CONSIDER.

SO IF THERE IS NO MEMORANDUM, BUT THE BOARD BELIEVES THERE'S A CONFLICT OF INTEREST AND THEY APPROVE A CONTRACT FOR OUTSIDE COUNSEL, WOULD THAT BE A GIFT OF PUBLIC FUNDS? I THINK IT WOULD BE OUTSIDE OF.

I THINK THAT THE ANALYSIS WOULD HAVE TO BE UNDERTAKEN AS TO WHETHER THERE IS A CONFLICT OF INTEREST AND IF AGAIN, THE PROCEDURES, ACCORDING TO THE BYLAWS, START WITH JOINT COUNSEL IDENTIFYING THAT CONFLICT TO THE EXTENT THAT THE BOARD, IF THE BOARD WERE TO MOVE FORWARD WITH SECURING SPECIAL SERVICES UNDER THE ASSUMPTION OR BELIEF THAT THERE IS A CONFLICT, EVENTUALLY THE

[01:40:01]

DEWAN IN HER DUTY AND CONSIDERING THOSE PAYMENTS TO NOT MAKE THOSE PAYMENTS, WOULD IT THEN COME FROM THE BOARD MEMBERS POCKETS? NO, WHAT IT WOULD LEAD TO.

WHAT WOULD OCCUR IS THERE WOULD BE ESSENTIALLY A THREE WAY DISPUTE BETWEEN AS BETWEEN THE SEPARATE COUNSEL SEEKING TO RECOVER FOR PAYMENT FOR ITS SERVICES.

THE BOARD AND THE COUNTY SUPERINTENDENT AS TO THE AUTHORITY.

AND SO A LOT OF THE CASES THAT INFORM THE FRAMEWORK THAT I SHARED, THEY ACTUALLY COME UP WHERE ADMINISTRATION HAS REFUSED TO MAKE PAYMENT.

AND THEN THERE'S A COURT CASE THAT RESULTS IN EXPENSES THAT RESULT FOR THE AGENCY AND RESOLVING THOSE MATTERS.

OKAY, AND I ASKED THIS BEFORE, BUT IF THE CONTRACT IS APPROVED BUT THE PUBLIC DOESN'T SEE IT ON A PUBLIC BOARD AGENDA, WHAT HAPPENS THEN? IT WOULD BE VOID.

OKAY. GOT IT.

AT TRUSTEE LARI. SO I JUST WANTED TO CLARIFY.

SO A VERBAL IDENTIFICATION OF A CONFLICT OF INTEREST BY SHARED COUNSEL IS NOT SUFFICIENT.

IT HAS TO BE A MEMORANDUM.

IT'S. AND I'M SORRY IF I WASN'T, I LIKELY WASN'T CLEAR, I APOLOGIZE.

IT'S NOT THE FORM IN WHICH WE IDENTIFY THE CONFLICT, IT'S THAT WE.

WHAT I'M STATING IS THAT WE NEED THE FACTS IN ORDER TO BE ABLE TO DETERMINE THAT THERE IS A CONFLICT THAT EXISTS.

AND TYPICALLY HOW WE ADDRESS THAT IS TO IDENTIFY IT WITHIN AN ANALYSIS, IN A MEMORANDUM.

BUT THAT FORM DOESN'T.

IT WOULDN'T PRECLUDE THE BOARD FROM ACTING IF WE IDENTIFY A CONFLICT OF INTEREST VERBALLY.

OKAY IN OPEN SESSION.

THANK YOU. SO JUST TO CONFIRM THEN OUR WITH OUR BOARD POLICIES AND WITH THIS THESE FOUR BULLET POINTS FROM THE ATTORNEY GENERAL.

THE MOST LAWFUL WAY OF APPROACHING THIS IS TO DETERMINE A CONFLICT OF INTEREST, WHETHER IT IS THROUGH ONE YOU KNOW, WHETHER IT'S THROUGH THE BOARD PRESIDENT OR AT A PUBLIC MEETING.

DETERMINING THAT AND THEN A LEGAL ANALYSIS BEING DONE.

YES, WITH ONE CLARIFICATION TO THE BOARD WOULD PROVIDE THE FACTS OR THE BASIS FOR ITS BELIEF THAT THERE IS A CONFLICT AND THEN SHARED.

COUNCIL WOULD CONDUCT THE ANALYSIS AND DETERMINE THAT WHETHER THERE IS AN ACTUAL CONFLICT OF INTEREST, AND HOW WOULD THE BOARD PRESIDENT GET THAT INFORMATION IN CONCERNS TO LIKE NOT BREAKING THE BROWN ACT? WOULD IT JUST COME AS THESE ARE THE CONFLICT OF INTEREST AND THEY ARE ALL THESE? I BELIEVE THERE'S A CONFLICT OF INTEREST AND THE REASONS ARE LISTED.

I THINK BASED ON KNOWN FACTS AND WHAT COMES OUT OF A MEETING, A BOARD MEMBER COULD COMMUNICATE TO YOU PRESIDENT CHON WHAT THE BASIS WOULD BE FOR A CONFLICT OF INTEREST.

AND THEN I WOULD JUST ESSENTIALLY, IF I HAD RECEIVED A CONSENSUS FROM THE BOARD FOR THAT, I COULD COMPILE THAT AND SHARE THAT INFORMATION WITH COUNSEL.

NO. SO IT WOULDN'T.

THERE WOULDN'T BE NEED TO BE OR WE WOULDN'T WANT TO ESTABLISH A CONSENSUS OUTSIDE OF THE BOARD MEETING.

IT COULD BE ANY INDIVIDUAL BOARD MEMBER THAT SHARES THAT INFORMATION WITH YOU THAT WOULD, YOU KNOW, THE MORE FACTS, THE BETTER.

BUT ANY INDIVIDUAL BOARD MEMBER THAT SHARES THAT INFORMATION WITH YOU, WE WOULD CONDUCT THE ANALYSIS BASED ON THAT.

BASED ON THAT. SORRY.

OKAY. THANK YOU. I APPRECIATE THAT CLARIFICATION.

TRUSTEE MAH? THANK YOU. I GUESS I'D LIKE TO RELAY SOME INFORMATION THAT I HEARD AND MAYBE YOU CAN, COUNSEL, CAN LET ME KNOW WHETHER YOU'VE HEARD THE SAME INFORMATION REGARDING THE ORANGE COUNTY BOARD OF EDUCATION, THE LAWSUIT WITH THEIR SUPERINTENDENT. I AM AWARE OF THE LAWSUIT, BUT I HAVEN'T I ADMIT I HAVEN'T TRACKED IT TOO CLOSELY.

[01:45:01]

AND I GOT THIS FROM ONE OF THE MEMBERS OF THAT BOARD THAT THERE COUNTY COUNSEL HAD RESIGNED, AND THE SUPERINTENDENT HAD CHOSEN A NEW COUNSEL WITHOUT INPUT FROM THE BOARD.

SO THE BOARD SUED THE SUPERINTENDENT TO GET THEIR OWN COUNSEL, SINCE THE SUPERINTENDENT WOULD NOT PAY THE BOARD'S SPECIAL COUNSEL.

AND THERE WAS A CLAIM THAT IT WAS A GIFT OF PUBLIC FUNDS SO THE SUPERINTENDENT WOULDN'T PAY.

THEY ULTIMATELY SUED THE SUPERINTENDENT, THE BOARD MEMBERS, AND THE JUDGE ULTIMATELY FORCED THE SUPERINTENDENT TO RENEGOTIATE BY THREATENING TO RULE THAT THE SUPERINTENDENT HAD ILLEGALLY UNILATERALLY HIRED A COUNSEL TO SERVE BOTH THE BOARD AND THE SUPERINTENDENT.

THAT ALSO HAPPENED TO BE PREJUDICED AGAINST THE BOARD.

SO I THAT'S AS I UNDERSTAND WHAT HAPPENED IN THAT SITUATION.

AND SO THAT BOARD DID GO AHEAD AND HIRE THEIR OWN LEGAL COUNSEL IN, YOU KNOW, A NUMBER OF RECOMMENDATIONS AND RESOLUTIONS THAT I HAVE DOCUMENTED HERE.

I CAN SHARE WITH YOU, IF YOU'D LIKE.

WE'D BE HAPPY TO REVIEW THAT INFORMATION AND PROVIDE LEGAL GUIDANCE AS TO THE INFORMATION.

ONE THING THAT I WOULD NOTE IS THAT NEITHER THE AG OPINION THAT WE DISCUSSED, OR THE EDUCATION CODE, ADDRESSES A SCENARIO IN WHICH THE COUNTY BOARD AND THE COUNTY SUPERINTENDENT DISAGREE AS TO WHICH COUNSEL SHOULD SERVE AS JOINT COUNSEL.

AND I DON'T UNDERSTAND THAT TO BE THE ISSUE HERE TONIGHT EITHER.

TRUSTEE BERTA.

YOU HAD REFERENCED THAT IT WOULD NOT BE ALLOWABLE FOR THE BOARD TO APPROVE A CONTRACT IF THE CONTRACT ITSELF WAS NOT PUBLISHED.

WHAT IS THE REFERENCE TO THAT OR THE LEGAL CITATION FOR THAT BASIS? PURSUANT TO THE WELL UNDER THE BROWN ACT, THERE HAS TO BE PUBLIC NOTICE AS TO THE BOARD'S ACTIONS, AND WITHIN THAT, THE CONTRACT ITSELF WOULD NEED TO BE POSTED IN ORDER FOR THE BOARD TO APPROVE THE CONTRACT.

BUT IT WOULD SEEM SO, I GUESS MY FOLLOW UP IS.

THERE. I'M CONFUSED BECAUSE THERE'S BEEN OTHER ITEMS WHERE THE CONTRACT ITSELF WAS NOT PUBLISHED UNTIL A LATER TIME.

THAT WAS AFTER THE, YOU KNOW, AFTER THE AGENDA WAS INITIALLY PUBLISHED.

SO I'M JUST WONDERING WHAT ARE THE PARAMETERS WITH THAT, LIKE IF THAT INFORMATION WERE TO BE MADE PUBLIC AT THE BOARD MEETING? AS LONG AS THE ITEM ITSELF WAS AGENDIZED.

I'M JUST TRYING TO UNDERSTAND THE DIFFERENCE IN HOW THAT'S BEEN A HOW THAT'S TRANSPIRED IN THE PAST AND NOT IN OTHER CASES.

THANK YOU FOR THE QUESTION, TRUSTEE BERTA.

AND I'M NOT AWARE OF THEIR CIRCUMSTANCES, SO I CAN'T SPEAK TO THOSE.

BUT WHAT I WOULD SAY IN TERMS OF THE DISTINCTION THAT YOU'RE DRAWING IS THAT THE CONTRACT ITSELF ITSELF HAS TO BE PUBLISHED AND AVAILABLE AT THE TIME THAT THE BOARD IS CONSIDERING IT.

IS THAT ON THE BASIS OF IT BEING LIKE AN ACTION ITEM, OR IS THERE OTHER PARAMETERS OF THE BROWN ACT THAT WOULD REQUIRE THAT, AS OPPOSED TO IT JUST BEING AT SHARED AT THE BOARD MEETING? I THINK IF THE BOARD HAS ACCESS TO THE CONTRACT AND IS VIEWING IT, THEN THE PUBLIC NEEDS TO HAVE THE SAME ACCESS TO THAT CONTRACT. BUT IN TERMS OF THE TIMING OF IT, IF THAT INFORMATION WERE TO BE MADE PUBLIC DURING A BOARD MEETING, WOULD THAT SUFFICE IF IT WAS TO BE MADE PUBLIC AND AVAILABLE? YES. THANK YOU.

HOW LONG BEFORE THE BOARD MEETING OR DURING THE BOARD MEETING? OR IS IT JUST AFTER A VOTE? IT WOULD JUST NEED TO BE DURING AT LEAST AT A MINIMUM NOT SPEAKING IN TERMS OF WHAT IS IDEAL WOULD HAVE TO BE AVAILABLE DURING THE CONSIDERATION OF THE CONTRACT.

ANY OTHER QUESTIONS? TRUSTEES? OKAY. THANK YOU FOR THE REPORT.

APPRECIATE IT. THANK YOU.

ALL RIGHT. THANK YOU TRUSTEES, WE WILL NOW MOVE TO CLOSED SESSION.

THE BOARD IS ABOUT TO ENTER INTO CLOSED PRESIDENT CHON.

SO SORRY TO INTERRUPT.

WE DO HAVE FIVE COMMENT CARDS FOR THIS.

7B. OH I APOLOGIZE.

YES. MODERATOR. COULD YOU PLEASE START PUBLIC COMMENT? THANK YOU. AS YOU HEAR YOUR NAME.

[01:50:04]

AS A REMINDER, ONE PERSON AT A TIME CAN BE AT THE PODIUM TO PRESENT THEIR COMMENT UNLESS LANGUAGE SUPPORT IS NEEDED.

PLEASE PREVENT.

TO PREVENT SOUND DISTORTION, PLEASE KEEP THE MICROPHONE A SHORT DISTANCE FROM YOUR MOUTH.

THE FIRST FIVE SPEAKERS ARE.

ANDREA HIGHTOWER.

[INAUDIBLE], ANNA MENDOZA, JOHN HORNER AND THERESA BOND. OUR FIRST SPEAKER IS ANDREA HIGHTOWER.

PLEASE CLEARLY STATE YOUR NAME AND PRESENT YOUR COMMENT.

MY NAME IS ANDREA HIGHTOWER.

THIS IS MY DAUGHTER AT MARTIN MURPHY.

SHE'LL BE GOING TO GATEWAY SOON, THANKS TO THE EFFORTS OF THE PARENTS AND THANKS TO THE BOARD MEMBERS WHO SUPPORTED US.

BUT THEY'RE STILL GOING TO BE KIDS LEFT AROUND BEHIND AT THIS CAMPUS.

THIS WAS YOUR VERSION OF INCLUSION, MARY ANN.

THIS RIGHT HERE.

AND THE KIDS AT GILROY HIGH SCHOOL.

THEY DON'T EVEN HAVE A GATE TO GO OUT INTO.

THEY'RE TRAPPED INSIDE.

WE'VE ALSO SEEN DAVE CORTEZ'S ADVERTISEMENT OR ON HIS WEBPAGE FOR THE COURTESAN CARE, AND WE TOOK A WHILE TO FIGURE IT OUT.

BUT COURTESAN CARE, WE FIGURED OUT, IS GATEWAY OR SOUTH COUNTY, AND STILL US, AS PARENTS OF THE STUDENTS THAT WERE IMPACTED, HAVE NOT BEEN INCLUDED INTO THAT COMMITTEE.

STAFFING ISSUES ARE OUR ISSUES GO DEEPER THAN JUST MOVING? THE STAFFING IS AFFECTING THE IEPS AND THE IEPS SHOULD BE AFFECTING THE STAFFING.

OUR KIDS ARE NOT MEETING THEIR GOALS.

SAFETY ISSUES HAVE CONTINUED TO BE BROUGHT UP AND UNADDRESSED.

THERE'S GLASS IN HERE.

I HAVE TEXT MESSAGES.

I HAVE PICTURES.

THERE'S GLASS. I HAVE INCIDENT REPORTS OF MY DAUGHTER CHEWING ON RUSTY SCREWS.

ON THIS CAMPUS, AND THAT'S WHERE THESE KIDS HAVE BEEN SENT AND CALLED INCLUSION.

IN ADDITION TO THAT WITH THE IEPS.

IT FEELS LIKE THIS ADMINISTRATION HAS GIVEN UP ON OUR KIDS.

OUR KIDS ARE NOT GENERAL ED KIDS.

THE INCLUSION UNDER THE STATE SENATE BILL DOES NOT INCLUDE THEM.

THEY'RE NOT GENERAL ED, BUT WE STRIVE FOR THAT.

AND BECAUSE THEY'RE NOT GETTING THE STAFFING SUPPORT THAT THEY NEED.

THEY'RE NOT MEETING THEIR GOALS.

AND THAT'S A FAILURE TO OUR KIDS.

WE CAN DO BETTER.

THIS BOARD CAN DO BETTER.

OUR KIDS DON'T DESERVE THAT, AND OUR FAMILIES DON'T DESERVE THE THREATS THAT WERE MADE BY THE ADMINISTRATION.

OUR NEXT SPEAKER IS [INAUDIBLE] PLEASE CLEARLY STATE YOUR NAME AND PRESENT YOUR COMMENT.

HI GUYS, I'M [INAUDIBLE].

I'M NOT HERE AS ALEXANDER [INAUDIBLE] MOM.

I'M HERE AS A VOTER.

I'M HERE A PERSON THAT ELECTED SOME PEOPLE UP HERE THINKING THAT WE'RE GOING TO DO GOOD FOR OUR KIDS.

A GOOD JOB ON GETTING YOUR FRIENDS TO TALK GOOD ABOUT YOU, BUT THEY DON'T KNOW THE WHOLE STORY.

OKAY. THEY TALK ABOUT 2019, 2020, 2021, BUT 2022 AND 2023.

THEY DON'T TALK ABOUT THAT PART, RIGHT? THEY DON'T KNOW WHAT REALLY YOUR AGENDA WAS AGAINST THESE KIDS WITH DISABILITIES OR KIDS THAT PEOPLE ARE NOT GOING TO SAY NOTHING BECAUSE WHATEVER THEY CAN BE OFFERED, THEY WILL TAKE. RIGHT? THAT WAS YOUR AGENDA SINCE THE KIDS DON'T TALK.

THE PARENTS ARE MEXICANS.

YOU GUYS DON'T EVEN PROVIDE THE CORRECT LANGUAGE ON PAPER OR IN PERSON.

IN ENGLISH OR IN SPANISH? I'M HERE FOR THAT.

BUT LIKE, I UNDERSTAND THAT YOU GUYS ARE NOT MAKING IT CLEAR, ESPECIALLY YOU.

AND I'M POINTING DIRECTLY AT YOU BECAUSE THE PAPERWORK THAT YOU GUYS GIVE IN SPANISH IS NOT, LET'S SAY, TRANSLATED IN ENGLISH IN THE CORRECT WAY OR, OR IN SPANISH, VICE VERSA.

AND I CAN TELL YOU, BECAUSE I CAN READ BOTH LANGUAGES, I UNDERSTAND BOTH LANGUAGES.

AND YOU AND YOUR LITTLE FRIENDS UP HERE ARE SAYING THAT YOU'RE ALL THIS AND THAT, GIVE YOU A LITTLE PLAQUE.

I'LL GIVE YOU A PLAQUE.

I DON'T GOT A PROBLEM DOING THAT.

BUT WHEN YOU MEET US HALFWAY, BECAUSE RIGHT NOW WE'RE ABOUT MAYBE 75/25 INTO IT.

WE'RE NOT THERE YET, SO DON'T MAKE YOURSELF SOUND LIKE YOU'RE THIS GREAT PERSON BECAUSE YOU'RE NOT.

AND THIS [INAUDIBLE], WHY AM I NOT IN THAT COMMITTEE? BECAUSE I'LL COUNT YOU ACCOUNTABLE FOR ALL THE STUFF YOU'VE DONE AND WE'LL DO.

GET SOMEBODY THAT WILL TELL.

OUR NEXT SPEAKER IS ANNA MENDOZA.

AS A REMINDER, ONE PERSON AT A TIME CAN BE AT THE PODIUM TO PRESENT THEIR COMMENT UNLESS LANGUAGE SUPPORT IS NEEDED.

[01:55:09]

WE FEEL BETRAYED.

WE FEEL THAT WE'RE NOT ACCOUNTED FOR.

WE FEEL THAT THE PARENTS WERE NOT REACHED OUT.

SO YES, ALL WE'RE ALL IN FOR AUTISM.

BUT DISABLED IMPLIES EVERY SINGLE CHILD THAT HAS A DISABILITY.

WE'RE SOUTH COUNTY. WE'RE MAKING NOISE.

AND BOARD MEMBERS, THANK YOU FOR HELPING US GET THE KIDS BACK TO SCHOOL.

I HIGHLY APPRECIATE IT.

AND TRANSPARENCY HAS BEEN A PROBLEM HERE WITH THIS ADMINISTRATOR.

SO WHENEVER YOU GUYS DO WHATEVER YOU GUYS DECIDE EITHER TO KEEP HER IN HER CONTRACT OR NOT, THAT'S GOING TO BE YOUR CHOICE.

BUT REMEMBER, TRANSPARENCY HAS BECOME A PROBLEM.

SO THERE WAS A LOT OF THINGS THAT WERE MADE.

DECISIONS WERE MADE WITHOUT YOU GUYS KNOWING.

AND WE BROUGHT IT UP TO YOU GUYS.

IF IT WASN'T FOR THE PARENTS THAT CAME TO US TO SEEK ASSISTANCE, WE'RE LATINO.

SO EVERY TIME SOMEBODY THAT COMES INTO OUR OFFICE AND THEIR RIGHTS ARE BEING VIOLATED, WE STAND UP FOR THEM.

WE ARE KNOWN AS THE, YOU KNOW, PEOPLE THAT MAKE NOISE.

SO WE'RE HERE TO MAKE NOISE.

WE'RE NOT GOING TO STOP COMING TO THE BOARD MEETINGS.

PLEASE, IF YOU'RE IN THE COMMITTEE, DR.

DURAN, WHY DON'T YOU MAKE A MOTION? I'LL TALK TO YOUR FRIENDS TO ADD GATEWAY PARENTS TO THAT MEETING.

YOU'RE PART OF IT.

BUT YES, YOU DID MAKE MOTIONS.

YOU DID MAKE DECISIONS TO REMOVE THOSE KIDS AND SEND THEM TO A CAGE, A DOG CAGE.

I THINK THAT IF YOU HAVE CHILDREN WHERE YOU SEND THEM TO THEM TO THAT PLACE, I DON'T THINK YOU WOULD.

AND REMEMBER, WE DON'T HAVE MONEY, BUT WE HAVE HEART.

OUR NEXT SPEAKER IS JOHN HORNER.

PLEASE APPROACH THE PODIUM CLEARLY STATE YOUR NAME AND PRESENT YOUR COMMENT.

THANK YOU.

MY NAME IS JOHN HORNER.

I'M A TRUSTEE IN MORGAN HILL UNIFIED HERE, SPEAKING PERSONALLY, NOT ON BEHALF OF MY BOARD.

I'M ONLY SLIGHTLY AWARE OF THE CONCERNS OF GATEWAY AND MARTIN MURPHY.

MARTIN MURPHY HAPPENS TO BE A CAMPUS UNDER OUR SCHOOL DISTRICT, THOUGH THE PROGRAM IN QUESTION IS OPERATED BY THE COUNTY.

SO I'M CERTAINLY INTERESTED IN LEARNING MORE ABOUT ANY CONCERNS SINCE IN A WAY IT'S A JOINT RESPONSIBILITY.

I AM VERY CONCERNED AT THE TENOR OF WHAT IS SEEMS TO BE GOING ON HERE, SITTING THROUGH THE LAST PART OF YOUR SESSION.

YOU KNOW, AS A COMMUNITY MEMBER, WHEN THERE WAS A LOT OF DRAMA BETWEEN THE FORMER BOARD AND MULTIPLE FORMER SUPERINTENDENTS, AND THAT DID NO ONE ANY GOOD.

I REALLY HOPE THAT THE CONCERNS OF PARTICULAR PROGRAMS ARE SORTED OUT IN A PROFESSIONAL WAY AS A GOVERNANCE TEAM.

BUT OUTSIDE OF THIS ISSUE, MY EXPERIENCE WITH DR.

DEWAN AND THE MANY WAYS SHE HAS SUPPORTED SUPPORTED BOTH OUR SCHOOL DISTRICT AND OUR COUNTY'S EFFORTS AROUND LEGISLATIVE ACTION HAVE BEEN POSITIVE AND EXTRAORDINARY.

SO I HOPE YOU WILL DEAL WITH WHATEVER THE DETAILS OF THIS ISSUE AROUND THESE PARTICULAR FAMILIES.

I HEAR THEM, I FEEL THEIR PAIN.

BUT I WOULD NOT IF I WERE IN YOUR SEAT.

USE THIS AS A AS AN EXCUSE TO MAKE A CHANGE OF LEADERSHIP AND HIRE LAWYERS AND WHATEVER ELSE SEEMS TO BE GOING ON.

YOU ALL HAVE MUCH MORE INFORMATION THAN I DO, SO I APPRECIATE YOUR TIME.

THANK YOU. OUR NEXT SPEAKER IS THERESA BOND.

PLEASE APPROACH THE PODIUM CLEARLY, STATE YOUR NAME AND PRESENT YOUR COMMENT.

THANK YOU. MY NAME IS THERESA BOND.

I AM A FORMER TRUSTEE ON THE LAKESIDE ELEMENTARY SCHOOL DISTRICT FOR TWO TERMS, AND NOW I'M A TRUSTEE ON THE LOS GATOS-SARATOGA UNION HIGH SCHOOL BOARD OF EDUCATION.

I AM HONORED TO CHAIR THE SANTA CLARA COUNTY SCHOOL BOARDS ASSOCIATION'S LEGISLATIVE ACTION COMMITTEE.

TO BE CLEAR, I AM NOT SPEAKING ON BEHALF OF THESE ORGANIZATIONS, ONLY ON MY OWN BEHALF.

THE AGENDA ITEM THIS EVENING TO HIRE OUTSIDE COUNSEL TO HELP NAVIGATE YOUR EVALUATION OF SUPERINTENDENT DEWAN IS OF GRAVE CONCERN TO ME AS A SENIOR TRUSTEE.

HAVING BEEN ELECTED THREE TIMES, I REMEMBER WHAT POOR LEADERSHIP PRECEDED HER AND THE DISARRAY OF THE COUNTY.

PLEASE CONSIDER THE FOLLOWING AS YOU HEAD INTO YOUR EVALUATION OF DR.

DEWAN. UNDER HER LEADERSHIP, THE SCCOE HAS BECOME TO ALL 31 DISTRICTS, A PRODUCTIVE STABILIZING FORCE.

UNDER HER LEADERSHIP DURING THE HISTORIC STATE OF EMERGENCY, LIVES WERE SAVED IN ALL 31 DISTRICTS.

BECAUSE WE WERE KEPT INFORMED ON COVID AND PROVIDED CRITICAL SUPPORTS DAILY.

I JUST WANTED EVERYONE TO BE REMINDED OF WHAT WE'VE GONE THROUGH TOGETHER AND THAT WE'RE IN RECOVERY NOW.

[02:00:06]

DEWAN. THANK YOU FOR LISTENING.

OUR LAST SPEAKER IS JESSICA SPICER.

PLEASE APPROACH THE PODIUM CLEARLY, STATE YOUR NAME AND PRESENT YOUR COMMENT.

HI THERE. I'M JESSICA SPICER.

I AM BOARD PRESIDENT OF LOS ALTOS SCHOOL DISTRICT.

BOARD OF TRUSTEES PRESIDENT, ACTUALLY, AND I AM THE PRESIDENT OF THE SANTA CLARA COUNTY SCHOOL BOARDS ASSOCIATION.

I AM NOT SPEAKING ON EITHER ORGANIZATION'S BEHALF.

I'M SPEAKING ON BEHALF OF MYSELF AS A TRUSTEE IN THE COUNTY.

FIRST OFF, I WANTED TO ACTUALLY THANK YOU ALL FOR YOUR ENDORSEMENT OF OUR MEASURE A.

IT IS A RENEWAL OF OUR PARCEL TAX AND IT IS PASSING RESOUNDINGLY.

THANK YOU TO YOUR SUPPORT ON THAT.

I'M HERE TO MAKE SURE THAT YOU CONSIDER THE FOLLOWING IN YOUR EVALUATION OF DR.

DEWAN. UNDER HER LEADERSHIP, THE SCCOE HAS BECOME AN INDISPENSABLE RESOURCE TO ALL 31 DISTRICTS IN THE COUNTY, OFFERING TEACHER TRAINING, CAREER FAIRS, COUNTLESS SYMPOSIUMS, AND HAS OFFERED A GENERAL REPOSITORY OF BEST IN PRACTICE KNOWLEDGE TRANSFERS ACROSS ALL DISTRICTS.

UNDER HER LEADERSHIP, ALL 31 DISTRICTS IN THE COUNTY HAVE MADE IT TO THE OTHER SIDE OF COVID WELL INFORMED AND ON A PATH TO DIGGING OUT OF LINGERING LEARNING LOSS AND WITH RESOURCES TO HANDLE THE LINGERING MENTAL EFFECTS.

UNDER HER LEADERSHIP, ALL TRUSTEES ACROSS THE COUNTY HAVE GOTTEN LOTS OF.

WE HAVE GOTTEN ALL THE INFORMATION OF EXACTLY WHAT THE COUNTY HAS BEEN DOING.

WE HAVE THAT ONCE A MONTH THROUGHOUT THE SCHOOL YEAR, AND UNDER HER LEADERSHIP, THE SCCOE HAS BEEN A STABILIZING FORCE FOR ALL DISTRICTS ACROSS THE COUNTY.

THANK YOU ALL FOR LISTENING TO MY COMMENTS.

HAVE A GREAT EVENING. THIS CONCLUDES PUBLIC COMMENT.

THANK YOU. THE BOARD IS ABOUT TO ENTER INTO CLOSED SESSION.

[7. CLOSED SESSION]

ONCE IN CLOSED SESSION, I WILL CALL THE CLOSED SESSION TO ORDER AND REQUEST THAT EACH TRUSTEE STATE THEIR NAME TO RECORD WHO IS IN ATTENDANCE, AND TO AFFIRM AN UNDERSTANDING OF THE PARAMETERS OF THE CONDUCT OF BUSINESS IN THE CLOSED SESSION.

OUR CLOSED SESSION AGENDA ITEM INCLUDES TWO ITEMS. THE FIRST IS CONFERENCE WITH LEGAL COUNSEL.

ANTICIPATED LITIGATION.

SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956 9D2, 2 CASES.

ONE CASE INVOLVING EDUCATION CODE SECTION 47607E NOTICE AND REAFFIRMATION, THEREFORE, OF BULLIS CHARTER SCHOOL, AND THE OTHER CLOSED SESSION ITEM IS THE COUNTY SUPERINTENDENT EVALUATION.

THE BOARD WILL ENTER INTO CLOSED SESSION AND WILL RETURN IN ABOUT TWO HOURS, APPROXIMATELY OR AFTER 9 P.M.

THANK YOU. WELCOME BACK EVERYBODY.

THANK YOU FOR YOUR PATIENCE.

WE'RE READY TO RESUME AN OPEN SESSION.

UPON COMPLETION OF AGENDA ITEM SEVEN, THE ONLY THERE IS ONE REPORTABLE ACTION.

[A. Report of Actions Taken in Closed Session]

BEFORE WE DO SO, I KNOW THAT ON THE AGENDA LATER THIS EVENING, WE HAVE A SPECIAL MEETING THAT WAS CALENDARED FOR SEVEN.

BUT GIVEN THE TIMING OF OUR CLOSED SESSION, WE WILL ENGAGE IN THAT AFTER THIS.

SO THAT SPECIAL MEETING WAS CALENDARED THIS EVENING BY TRUSTEE MAH.

I WANT TO NOTE FOR THE RECORD THAT ALTHOUGH TRUSTEE MAH ASKED ME TO CALENDAR A SPECIAL MEETING FOR THIS EVENING, I DID NOT DO SO BECAUSE THE EDUCATION CODE ONLY ALLOWS ME TO MOVE FORWARD WITH SCHEDULING A SPECIAL MEETING IF I RECEIVE THREE WRITTEN REQUESTS TO DO SO.

I DID NOT RECEIVE THOSE THREE WRITTEN REQUESTS, BUT I AM AWARE THAT THE GOVERNMENT CODE ALSO ALLOWS A MAJORITY OF THE BOARD TO SCHEDULE A SPECIAL MEETING, AND THAT TRUSTEE MAH WENT FORWARD WITH SCHEDULING THE MEETING ON THE REPRESENTATION.

SHE HAD MAJORITY SUPPORT TO DO SO.

BUT BEFORE WE CONVENE THE SPECIAL MEETING THIS EVENING, IN AN ABUNDANCE OF CAUTION, IN ACCORDANCE, AND TO ENSURE WE ARE COMPLYING WITH THE BROWN ACT, I LIKE TO CONFIRM IN OPEN SESSION THAT TRUSTEE MAH, ROCHA, DI SALVO AND BERTA AND LARI SUPPORTED HOLDING A SPECIAL MEETING THIS EVENING AT 7:00, AS WAS REPRESENTED BY TRUSTEE MAH.

SO IF THOSE TRUSTEES WOULD CONFIRM THAT THEY SUPPORTED CALLING THE SPECIAL MEETING TRUSTEE ROCHA.

WAS I ONE OF THE ONES THAT YOU MENTIONED? YES. OKAY.

YES. THANK YOU.

[02:05:01]

SO IN ORDER TO CALL A SPECIAL MEETING, I, AS BOARD PRESIDENT, DO NEED TO RECEIVE THREE WRITTEN REQUESTS FROM SEPARATE BOARD FROM BOARD MEMBERS IN ORDER TO CALL THE SPECIAL MEETING. I DID NOT RECEIVE THOSE WRITTEN REQUESTS, SO JUST TRUSTEE MAH SCHEDULED THE MEETING REPRESENTING THAT SHE HAD THOSE REQUESTS IN SUPPORT TO DO SO. SO JUST IN CAUTION WITH THE BROWN ACT, I JUST WANT TO ENSURE THAT THE BOARD MEMBERS THAT WANTED TO DO THIS MEETING ARE DOING ARE AFFIRMING THAT.

SO I JUST WANT THAT AFFIRMATION THIS EVENING.

THANK YOU. THANK YOU, TRUSTEE BERTA? YES, I STATED MY AVAILABILITY FOR A SPECIAL BOARD MEETING.

THANK YOU. AND TRUSTEE LARI? YES. THANK YOU.

LET THE RECORD, PLEASE LET THE RECORD SHOW THAT THERE WAS MAJORITY SUPPORT IN CALLING FOR THIS SPECIAL MEETING.

OKAY, THEN THAT DOES BRING US TO ADJOURNMENT.

THE NEXT SANTA CLARA COUNTY EDUCATION REGULAR.

SORRY. THE NEXT SANTA CLARA COUNTY BOARD OF EDUCATION REGULAR MEETING IS SCHEDULED FOR DECEMBER 13TH, 2023.

MAY I HAVE A MOTION TO ADJOURN? SO MOVED. MOVED BY TRUSTEE LARI AND A SECOND? SECOND. A SECOND FROM TRUSTEE ROCHA.

THANK YOU. WE ARE NOW ADJOURNED AT 10:13.

THANK YOU EVERYBODY. THANK YOU.

YEAH.[INAUDIBLE], YOU KNOW, PERSONALLY AS A TRUSTEE, I DON'T THINK THE BROWN ACT SHOULD JUST BE THROWN OUT THE WINDOW.

I APPRECIATE.

OKAY. I THINK OUR MIC'S BACK.

YEAH. SO I APPRECIATE THAT WE'RE BEING CAUTIOUS BECAUSE I THINK WE SHOULD NOT VIOLATE THE BROWN ACT.

SO THANK YOU FOR THAT.

AND SO WHAT IS THE PROCESS FOR HOLDING SPECIAL MEETINGS? I DO NEED TO RECEIVE THREE WRITTEN CONFIRMATIONS THAT BOARD MEMBERS WANT TO HAVE.

SO THREE BOARD MEMBERS NEED TO CONTACT YOU IN WRITING ASKING FOR A SPECIAL MEETING.

YES. OKAY. SO CAN I, AS A TRUSTEE, PUT OUT A POLL TO EVERYONE AND SAY, HEY, I WANT TO TALK ABOUT THIS, THIS, THIS ? I WOULD ASK OUR ATTORNEYS TO ANSWER THAT IN ACCORDANCE TO THE BROWN ACT.

I'M COMFORTABLE GIVING BROWN ACT ADVICE.

OKAY. I WANT TO JUST STATE FOR THE RECORD THAT I APPRECIATE YOU BEING CAUTIOUS WITH THE BROWN ACT.

THANK YOU, PRESIDENT CHON.

THANK YOU, VICE PRESIDENT SREEKRISHNAN.

ALL RIGHT. WE ARE MOVING TO OUR SPECIAL MEETING.

SURE I HAVEN'T CALLED TO ORDER OUR SPECIAL MEETING JUST SO EVERYBODY IS AWARE.

OKAY, I WASN'T SURE WHY WE WERE MAKING COMMENTS THEN OR WHAT THE COMMENTS WERE IN CONTEXT OF THEN.

SHE JUST ASKED A QUESTION.

BUT IF YOU WANT TO MAKE A COMMENT OR IF YOU WANT TO WAIT TILL I? YEAH, I JUST WANT TO BE CLEAR THAT THE BOARD IS WITHIN THE BROWN ACT TO FIND OUT BOARD MEMBERS AVAILABILITY FOR NOT TO DISCUSS ITEMS, BUT TO GENERALLY FIND OUT SCHEDULING AVAILABILITY IS ALLOWABLE.

NOT FOR SPECIFIC ITEMS THOUGH.

ALL RIGHT. TRUSTEES. AVAILABILITY.

TRUSTEES I'M GOING TO GO AHEAD AND STOP THE CONVERSATION.

AND WE'RE GOING TO MOVE ON TO CALLING TO ORDER THIS SPECIAL MEETING.

ALL RIGHT. I WILL CALL TO ORDER THIS SPECIAL MEETING.

NUMBER 2329-S1 OF THE SANTA CLARA COUNTY BOARD OF EDUCATION.

TODAY IS WEDNESDAY, NOVEMBER 15TH.

THE TIME IS 10:16 P.M..

I'M VICTORIA CHON, PRESIDENT OF THE SANTA CLARA COUNTY BOARD OF EDUCATION.

I'LL PRESIDE OVER THIS MEETING.

I WILL GO AHEAD AND CONDUCT A ROLL CALL.

DR. DEWAN, IF YOU COULD ASSIST ME IN THAT.

I PRESIDENT CHON AND PRESENT WHEN I CALL YOUR NAME, PLEASE RESPOND ACCORDINGLY.

[02:10:08]

SO MOVE. DO I HAVE A SECOND? OKAY. HEARING NONE.

IF THE BOARD COULD JUST GIVE ME A SECOND.

IF THE BOARD DOES NOT WANT TO ACCEPT THE AGENDA.

IS IT IN LINE TO ADJOURN THE MEETING? SO HEARING NONE FOR SETTING THE AGENDA, I WOULD ENTERTAIN A MOTION TO ADJOURN THIS.

SO MOVED. MOVED BY VICE PRESIDENT SREEKRISHNAN.

DO I HAVE A SECOND? SECOND. SECONDED BY TRUSTEE DI SALVO.

THIS MEETING IS ADJOURNED AT 10:18 P.M.

THANK YOU EVERYBODY.

* This transcript was compiled from uncorrected Closed Captioning.