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SANTA CLARA COUNTY BOARD OF EDUCATION

1290 Ridder Park Drive

San Jose, California 95131

 

BOARD AGENDA

February 5, 2014

Regular Meeting #2132

San Jose Room

5:00 p.m.

 

 

 

OPEN SESSION 5:00 p.m.  (San Jose Room)

 

1.         CALL TO ORDER  

A.  Roll Call  (Including Action on Absences if Necessary)

            B.  Adoption of Agenda

            C.  Pledge of Allegiance

 

2.         EMPLOYEE OF THE MONTH:  Brenda Brillantes, School Office Coordinator, Osborne School

 

3.         PUBLIC COMMENTS OF PERSONS DESIRING TO ADDRESS THE BOARD OR TO PRESENT PETITIONS

            At this time members of the public may address the Board on any issue within the subject matter jurisdiction of the Board or agenda item.  Members of the public may also address the Board on an agenda item before or during the Board’s consideration of the item.  No action can be taken on an item not on the agenda at this time, but may be referred to the administration or put on a future agenda.  In accordance with Board Bylaw 9323, individual remarks will be limited to 3 minutes each, unless otherwise stipulated.

 

CLOSED SESSION (Board Room)  

 

4.         The Board will hold a Closed Session to consider the following items: 

           

A.    Conference with Legal Counsel—Potential Litigation

Pursuant to Government Code Section 54956.9(d)(2) ― Two Cases

 

OPEN SESSION Immediately Following Closed Session ― Approximately 6:00 p.m. (San Jose Room)  

 

5.         Report of actions taken in Closed Session

     

6.         PUBLIC COMMENTS OF PERSONS DESIRING TO ADDRESS THE BOARD OR TO PRESENT PETITIONS

            At this time members of the public may address the Board on any issue within the subject matter jurisdiction of the Board or agenda item.  Members of the public may also address the Board on an agenda item before or during the Board’s consideration of the item.  No action can be taken on an item not on the agenda at this time, but may be referred to the administration or put on a future agenda.  In accordance with Board Bylaw 9323, individual remarks will be limited to 3 minutes each, unless otherwise stipulated.

 

7.         CORRESPONDENCE   

            Correspondence addressed to the Santa Clara County Board of Education.  Correspondence addressed to individual board members will be mailed to them directly.

·         Email, Jan 13, 2014, James Dent, Subject:  Morgan Hill Prep School’s response to SCCOE findings

·         Email, Jan 13, 2014, Jeff Bernstein, Subject:  Wednesday’s Vote

·         Email, Jan 13, 2014, Cary Matsuoka, Subject:  Oversight member for Milpitas

·         Email, Jan 13, 2014, Patrick Gaffney, Subject: Letter Regarding the City of Campbell Successor Agency Oversight Board

·         Email, Jan 13, 2014, Janet Fruit, Subject: Opposition to Navigator by an MHUSD bilingual teacher

·         Email, Jan 13, 2114, Rose DuMond, Subject:  Navigator Charter Letter to County Board

·         Email, Jan 13, 2014, Mario Banuelos & other concerned MH parents, community members & educators, Subject:  655 signers: Support Morgan Hill Schools, Stop Navigator and Rocketship Charters petition

·         Email, Jan 13, 2014, Sue Stapleton, Subject: Please vote Yes for Navigator Charter School

·         Email, Jan 13, 2014, Karla Ingram, Subject: Vote Yes for Navigator Charter School

·         Email, Jan 13, 2014, Angelica Dannenberg, Subject: MHPS Recommendation

·         Email, Jan 13, 2014, Jeff Stapleton, Subject:  Navigator Charter School

·         Email, Jan 13, 2014, Ken Westmoreland, Subject:  Charter School Petition MHUSD

·         Email, Jan 13, 2014, Steve Nelson, Subject: Agenda Item 11B, Jan 15, 2014, Consolidation of School Districts

·         Email, Jan 14, 2014, Carlos Zapata, Subject:  Navigator Charter Vote

·         Email, Jan 14, 2014, Hilary Harmssen, Subject:  Morgan Hill Prep Support Letter

·         Email, Jan 15, 2014, Kimberly Silva, Subject:  Vote for Navigator

·         Email, Jan 15, 2014, Armando Benavides, Subject: Vote to provisionally approve Navigator Morgan Hill Charter School petition and allow it to draw and memorandum of understanding as to all issues and concerns

·         Email, Jan 15, 2014, Steve Tate, Subject: Navigator Charter School Appeal

·         Email, Jan 15, 2014, Emma McElvain, Subject:  On the subject of charter schools in Morgan Hill

·         Email, Jan 15, 2014, Michelle Getty, Subject:  Please vote no on Navigator Charter appeal

·         Email, Jan 15, 2014, Andrea Bird, Subject:  Deny Navigator petition in Morgan Hill

·         Email, Jan 15, 2014, Brent Carman, Subject: Morgan Hill/Blood Alley on Monterey Rd.

·         Email, Jan 15, 2014, Kris Tuomi, Subject: Navigator

·         Email, Jan 15, 2014, Aida Cazares, Subject: Charter School

·         Email, Jan 15, 2014, Nancy Love, Subject: MHUSD Please support Navigator

·         Email, Jan 15, 2014, Jeanie Wallace, Subject: Tonight’s Navigator Vote

·         Email, Jan 16, 2014, Wayne Martin, Subject: 2011-12 Suspension/Expulsion Data

·         Letter, Jan 13, 2014, received Jan 17, 2014, Subject: audit financial statements for SCCOE

·         Email, Jan 21, 2014, Jan 21, 2014, Subject: Request to postpone the rush processes by the Moreland School District Board towards re-open Latimer Elementary School

·         Email, Jan 22, 2014, Joseph Di Salvo, Subject: The charter school tipping point

·         Email, Jan 30, 2014, Joe Seither, Subject:  Illegal Bullis Charter School lottery entry conditions?

 

8.         SUPERINTENDENT’S REPORT

 

9.         CONSENT ACTION ITEMS   

 

      *    A.    Request Approval of Minutes of Regular Board Meeting of January 15, 2014 (#2131)

 

      *    B.    Request Approval of a Resolution in Support of February 2014 as National African American History Month

                    African American History Month commemorates through community activities a more balanced and accurate picture of black history.  This year’s theme is “Civil Rights in America.”  Administration recommends approval of a resolution in support of February 2014 as National African American History Month.   (Dr. De La Torre)

 

      *    C.    Request Acceptance of Donations

                    Donations were made to Student Services and Educational Services Branch.  Administration recommends acceptance of donations.   (Dr. Xavier De La Torre)

 

      *    D.    Request Approval to Receive Funds from Proposition 39

                    In November 2012, voters passed the California Clean Energy Jobs Act (Proposition 39).  Proposition 39 will direct about $2.5 billion in new revenues over five years to fund projects proposed by California’s K-12 public schools, including charter schools, county offices of education and community colleges. In October 2013, the Santa Clara County Office of Education (SCCOE) submitted an interest application to the California Energy Commission (CEC).  Subsequently, the SCCOE was awarded an initial grant of $116,286 for fiscal year 2013-14. The SCCOE will be soliciting Request for Proposals for consulting services to conduct an energy audit, data analytics, benchmarking and project assistance.  Administration recommends to approve the receipt of funds from the CEC in the amount of $116,286 for the 2013-14 fiscal year and authorization to receive additional CEC funds for the remaining four years based on ADA and funding availability from the State. (Micaela Ochoa)

 

      *    E.    Request Adoption of Resolution in Support of The Kindergarten Readiness Act of 2014-SB 837

                    Senate President Pro Tem Darrel Steinberg has introduced The Kindergarten Readiness Act of 2014 (SB 837) which would make voluntary high quality early learning programs available to all four-year-olds in California by 2019.  The Santa Clara County Board of Education has previously affirmed its support for the development of local initiatives to increase access to high quality early learning services in Santa Clara County through its adoption of the resolution in support of ‘A Strong Start in Early Learning for All in Santa Clara County’ on August 21, 2013. Administration recommends adoption of resolution in support of The Kindergarten Readiness Act of 2014-SB 837.  (Dr. Xavier De La Torre)

 

      *    F.    Request for Ratification of Settlement Agreement of matter titled, Santa Clara County Board of Education v. Dr. Walter Charles Weis, et. al, Case No. 1-12-CV237595.

The Board and Dr. Charles Weis have reached agreement to settle the litigation.  Pursuant to the Settlement Agreement, the deed to the Subject Property will be transferred to the Santa Clara County Office of Education (SCCOE).  Dr. Weis will also pay the SCCOE $13,400 and the lawsuit between the two parties will be dismissed.  Administration recommends approval of request for ratification of Settlement Agreement of matter titled, Santa Clara County Board of Education v. Dr. Walter Charles Weis, et. al, Case No. 1-12-CV237595.

   

10.       INFORMATION ITEMS

 

      *    A.    Update on Legislative Climate  (30 mins.)

                    Kevin Gordon and Barrett Snider from Capitol Advisors Group will be presenting an update on the Governor’s budget, pre-school and the Local Control Funding Formula (LCFF). (Dr. Xavier De La Torre)

 

11.       PUBLIC HEARING

 

      *    A.  Public Hearing on the Charter School Petition Renewal for Discovery Charter School 1

                    On November 8, 2013, the Office of Innovative Schools of the Santa Clara County Office of Education (SCCOE) received a petition from Discovery Charter School 1 seeking renewal of its charter.  California Education Code Section 47605(b) requires that “no later than 30 days after receiving a petition … the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district, other employees of the district, and parents.”  The Education Code further requires that “the governing board of the school district shall either grant or deny the charter within 60 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension.”  This item will be placed on the County Board agenda for a vote on February 19, 2014.  (Toni Cordova)

 

12.       ACTION ITEM

  

       *   A.  Request Appointment to the California School Boards Association’s (CSBA) Delegate Assembly

                  Because there is only one county office in Region 20, the Santa Clara County Board of Education (SCCBOE) is entitled to appoint a representative to CSBA’s Delegate Assembly for a two-year term beginning April 1, 2014 through March 31, 2016.  This position is currently held

                  by member Julia Hover-Smoot whose appointment term expires on March 31, 2014.  In addition, this position has a dual role and will automatically be appointed to serve as a member on the California County Boards of Education (CCBE) Board of Directors.  Administration recommends appointment to the California School Boards Association’s Delegate Assembly.   (Dr. Xavier De La Torre)

 

      *    B.  Request Approval of Contract Exceeding $250,000 to the WestEd/Advancing Excellence in Early Education (E3) Institute

                  The Local Early Education Planning Council (LPC) of Santa Clara County has recommended that the funds be passed through directly to the recipients via the WestEd/Advancing Excellence in Early Education (E3) Institute in the amount of $316,750.  Furthermore, the LPC has recommended that the remainder of the funds, in the amount of $99,495 be expended by the Santa Clara County Office of Education for professional development and training.  Administration recommends approval of contract exceeding $250,000 to the WestEd/Advancing Excellence in Early Education (E3) Institute.  (Dr. Mary Ann Dewan)

 

      *    C.  Request Approval of Contract Exceeding Previously Approved Board Amount

                  Alpha Vista provides Speech-Language Pathologist, Occupational Therapist and/or Physical Therapist services in SCCOE Special Education classrooms.  The number of parents requesting physical therapy services and assessments has greatly increased.  It is therefore necessary toincrease the Contract amount from $1,000,000 to $1,621,500 to cover the expenses through Fiscal Year 2013-14.  Funding has been incorporated into the FY 2013-14 budget to cover this expense.  The cost will be fully reimbursed by the State and School Districts.  Administration recommends approval of contract exceeding previously approved Board amount. (Dr. Mary Ann Dewan)

 

      *    D.  Request Approval of Contract Exceeding Previously Approved Board Amount

                  Maxim Healthcare Services, Inc. provides licensed care nursing services to Special Education students either at school or on the bus.  The number of students requiring extensive nursing services due to severe medical needs continues to increase.  It is therefore necessary to increase the Contract amount of $300,000 to $500,000 to cover the expenses through Fiscal Year 2013-14. Funding has been incorporated into the FY 2013-14 budget to cover this expense.  The cost will be fully reimbursed by the State and School Districts.  Administration recommends approval of contract exceeding previously approved Board amount.  (Dr. Mary Ann Dewan)

 

      *    E.   Request Approval of Contract Exceeding Previously Approved Board Amount

                  The Santa Clara County Office of Education is responsible for the educational services of students who live in Licensed Children’s Institutions (LCIs) with special needs attending Non-Public Schools located in Santa Clara County.  Students requiring Non-Public School placement per IEP has increased.  The Contract previously approved by the Board will need to be increased from $400,000 to $872,770.  Funding has been incorporated into the FY 2013-14 budget to cover this expense.  The cost will be fully reimbursed by the State and School Districts.  Administration recommends approval of contract exceeding previously approved Board amount. (Dr. Mary Ann Dewan)

   

13.       INFORMATION ITEMS

 

      *    A.    Discussion on Annual Board Self-Evaluation ― Board Bylaw 9400(a)  (10 mins.)

                    The Santa Clara County Board of Education shall, as directed by the County Board President, annually conduct a self-evaluation in order to demonstrate accountability to the community

                    and ensure that its governance of the Santa Clara County Office of Education effectively supports student achievement and the attainment of the County Office’s vision and goals. (Dr. Xavier De La Torre)

 

      *    B.    Williams Complaint Report

                    Complaints filed for Santa Clara County Office of Education (SCCOE) school sites under the Williams Settlement are limited to insufficient textbooks or instructional materials, unsafe or unhealthy facility conditions or teacher vacancies or mis-assignments.  No Williams complaints were received during the October through December 2013 reporting period. (Dr. Mary Ann Dewan)

 

      *    C.    Head Start Monthly Board Reports and Annual Program Information Report

                    As per the Head Start Act, all Head Start agencies are required to provide program information to the Board of Education. (Dr. Mary Ann Dewan)

 

            D.    Board Committee Reports on:   

                    Committee members may provide or report on recent committee activities.

1.      Budget Study Committee (Dr. Xavier De La Torre, Chair)

2.      Policy Subcommittee  (Vice-President Green, Chair)

3.      Joint Legislative Advisory Committee  (Joseph Di Salvo, Chair)

4.      Head Start Policy Council  (Grace Mah)

5.      Regional Operations Committee [ROP]  (Michael Chang)

6.      Santa Clara County School Boards Association Executive Board (Anna Song)

7.      Joint Committee on Child Care (JCCC)  (Grace Mah, Joseph Di Salvo)

8.      Warmenhoven Inclusion Collaborative (Julia Hover-Smoot)

9.      California School Boards Association (CSBA) Delegate  (Julia Hover-Smoot)

10.  California County Boards of Education (CCBE) Board of Directors   (Julia Hover-Smoot)

 

            E.    County Board of Education Members Report  

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

   

14.       FUTURE AGENDA ITEMS

Requested items by Board members may be addressed at this time.

·         Quarterly Update on Universal Preschool, Feb 19 (Vice President Green)

·         P-Card Findings from Annual Financial Audit Report, Feb 19 (Anna Song)

·         Update on Memorandum of Understanding on Alpha Middle School, Feb 19 (Vice President Green)

·         Update on the Alternative Education Department’s After-Hours Family Mental Health Services Pilot, June 18 (Member Mah)

·         Come Back Kids program (Independent Study) — Riverside COE (President Beauchman)

·         Update on Alternative Education Lunch Services (Member Di Salvo)

·         Kids in Common (Vice President Green)

·         STRIVE and Collective Impact (Member Di Salvo)

   

15.      ADJOURNMENT

 

The next Board of Education meeting is scheduled for February 19, 2014.  For Board agendas and meeting minutes please see our Web site at www.sccoe.org.