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Regular Board Meeting
San Diego County Office of Education
July 24, 2019 6:00PM
Ernest J. Dronenberg, Jr. Board Room (Joe Rindone Regional Technology Center), 6401 Linda Vista Road, San Diego, CA 92111

1. OPENING PROVISIONS
1.a. Call to Order and Roll Call
1.b. Pledge of Allegiance
1.c. Approval of Agenda
1.d. Introduction of Student Representative on County Board of Education
1.d.1. Juvenile Court and Community Schools Student Representative
Speaker:
Theresa Fox
Quick Summary / Abstract:
The JCCS student representative for the July 24 Board meeting is Esther Servin from Lindsay Community School.  Principal Theresa Fox will introduce Esther to the Board. Board member Mark Powell will present the award.

Rationale:


 
Financial Impact:

None.

2. RECOGNITIONS AND PRESENTATIONS
2.a. Recognition: Outstanding Student in the Juvenile Court and Community Schools
Quick Summary / Abstract:
Presentation of student for Winners’ Circle recognition by the San Diego County Board of Education for outstanding progress and achievement.
Rationale:

Juvenile Court and Community Schools (JCCS) presents students to the County Board of Education for recognition of outstanding progress and achievement. Each student receives a Winners’ Circle award. 

The selection is based on the following criteria:

  • Excellent academic progress
  • Triumph over personal adversity
  • Academic growth and improvement
  • Citizenship demonstrating positive behaviors
  • Community service

JCCS uses a variety of methods for recognizing students:

  • Letters to parents
  • Bulletin board displays for exemplary work
  • Community service certificates
  • Lunch with the teacher
  • Gift certificates for academic or behavior improvement (donated by local businesses)
  • Student photo displays
  • Certificates, ribbons, and medals for outstanding effort and achievement
  • Points system whereby students earn points for positive behavior and/or good grades and spend points on items donated by the business community (school supplies, snacks, music)
  • Honor roll (t-shirts, medals, certificates)

The selection process includes:

  • Eligibility of all JCCS students
  • Nominations of prospective honorees by teachers and selection by program principals

 
Financial Impact:

None.

Recommended Motion:

It is recommended that the San Diego County Board of Education recognize the following JCCS student and present the student with an award:

Maria Carrillo, grade 10, Lindsay Community School

2.b. Recognition: Honoring Ninth District PTA President Peter 'Derby' Pattengill
Quick Summary / Abstract:

The Ninth District PTA serves and supports nearly 70,000 members in 350 schools in San Diego and Imperial Counties.  Mr. Peter ‘Derby’ Pattengill served as Ninth District PTA president from 2017 through 2019.  We would like to recognize Derby for his service and accomplishments during his tenure.

2.b.1. Adopt Resolution Honoring Ninth District PTA President Peter "Derby" Pattengill
Attachments:
Resolution-Pattengill
3. PUBLIC COMMENT - Agenda and Non-Agenda Items
4. APPROVAL OF CONSENT ITEMS
Quick Summary / Abstract:
Items listed in this section are considered to be routine and are acted on by the Board in one motion. It is understood that the Superintendent recommends approval on all Consent Items. Each item of the Consent agenda approved by the Board shall be deemed to have been considered in full and adopted as recommended.

4.a. Approval: Minutes of Regular Meeting on June 12, 2019
Attachments:
Minutes-Regular Meeting June 12, 2019
4.b. Approval: Budget Adjustments
Quick Summary / Abstract:
The County Board of Education is asked to approve revisions to the budget in accordance with the recommendations listed on the attached budget transfer sheet.
Rationale:
Board Policy 3102 authorizes the county superintendent of schools to approve budget revisions that do not result in an overall increase in the specific fund income requirement or the total expenditures for that fund and do not authorize new personnel positions. The County Board of Education must authorize overall increases in total expenditures and new personnel positions.
 
Financial Impact:
Budget revisions as listed.
Recommended Motion:
Authorize adjustment of the budget in accordance with the recommendations listed on the attached budget transfer sheet.
Attachments:
Budget Transfer Sheet
4.c. Approval: Distribution of Forest Reserve Funds
Quick Summary / Abstract:
The County Board of Education is requested to approve the distribution of Forest Reserve Funds as indicated on the attachment in accordance with Education Code Section 2300.
Rationale:
Every year, the State Controller’s Office distributes to counties their pro rata share of revenues from the United States Forest Reserve Fund.  These funds are to be allocated to school districts with federal forest property within district boundaries.  The Forest Reserve revenue received this year is $138,255.78 plus interest earned of $660.88, and a carryover balance of $21,936.32 for a total distribution of $160,852.98.
 
Recommended Motion:
Approve the distribution of Forest Reserve Funds to entitled districts.
Attachments:
Allocation Forest Reserve
Distribution Forest Reserve
4.d. Accept: Williams Uniform Complaint Policy Quarterly Report
Quick Summary / Abstract:
This consent item provides the San Diego County Superintendent of Schools and the Board of Education with summarized data related to Williams Uniform Complaints filed quarterly for Juvenile Court and Community Schools (JCCS).
Rationale:
Education Code 35186(d) requires: “A school district shall report summarized data on the nature and resolution of all complaints on a quarterly basis to the county superintendent of schools and the governing board of the school district. The summaries shall be publicly reported on a quarterly basis at a regularly scheduled meeting of the governing board of the school district.  The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. The complaints and written responses shall be available as public records.” JCCS will submit quarterly reports to the County Superintendent of Schools and the governing board in July, October, January, and April.
 
Financial Impact:
None.
Recommended Motion:
Accept the quarterly report from April 1 through June 30, 2019, reflecting that the San Diego County Office of Education JCCS received zero complaints regarding instructional materials, facilities, teacher vacancy, or misassignments.
Attachments:
Williams UCP Quarterly Report
5. ASSOCIATIONS COMMENTARY
6. CONVENE A MEETING OF THE COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION
6.a. Transmittal of Resolutions Related to Proposed Change to By-Trustee-Area Elections for the Governing Board of South Bay Union School District and Establishment of Date for Public Hearing
Quick Summary / Abstract:
Resolutions adopted by the South Bay Union School District governing board to change to a by-trustee-area election system and to establish trustee areas are being transmitted to the San Diego County Board of Education, acting as the San Diego County Committee on School District Organization (County Committee). The County Committee is asked to establish a date for a public hearing on the proposed change in election system.
Rationale:
Education Code sections 5019 and 5030 authorize a county committee on school district organization to establish trustee areas and to adopt alternative methods of electing governing board members in districts under its jurisdiction. The following resolutions were adopted by the governing board of the South Bay Union School District:  

1.  Resolution 18-054, Resolution to Initiate the Process of Establishing Trustee Areas and Elections by Trustee Areas

2.  Resolution 19-019, Resolution Adopting a Map of Proposed Trustee Areas, and Recommending that the San Diego County Committee on School District Organization Approve and Establish Trustee Areas from which South Bay Union School District Board Members Will Be Elected in a by-Trustee-Area Election Process 

Copies of the resolutions are provided. At a future meeting, the County Committee will be required to approve or disapprove the district’s resolutions to change its election system and to adopt a trustee area plan.  

When considering a district’s proposal to change its method of election and establish trustee areas, the County Committee is required to hold at least one public hearing on the matter in the district.
 
Recommended Motion:
  1. This transmittal of resolutions 18-054 and 19-019 of the governing board of the South Bay Union School District is placed on the agenda only for the board’s information. No action is required at this time.

  2. Establish date, time, and location for public hearing as follows: Aug. 12, 2019, 6 p.m., district office of South Bay Union School District.
Attachments:
Exhibit A
Resolution 18-054
Resolution 19-019
6.b. Transmittal of Resolutions Related to Proposed Change to By-Trustee-Area Elections for the Governing Board of Vallecitos School District and Establishment of Date for Public Hearing
Quick Summary / Abstract:
Resolutions adopted by the Vallecitos School District Governing Board to change to a by-trustee-area election system and to establish trustee areas are being transmitted to the San Diego County Board of Education, acting as the San Diego County Committee on School District Organization (County Committee). The County Committee is asked to establish a date for a public hearing on the proposed change in election system.
Rationale:
Education Code sections 5019 and 5030 authorize a county committee on school district organization to establish trustee areas and to adopt alternative methods of electing governing board members in districts under its jurisdiction. The following resolutions were adopted by the governing board of the Vallecitos School District:  

1.  Resolution No. 03-19-02, Resolution to Initiate the Process of Establishing Trustee Areas and Elections By-Trustee Areas 

2.  Resolution No. 19-06-07, Resolution Adopting a Map of Proposed Trustee areas, and Recommending that the San Diego County Committee on School District Organization Approve and Establish Trustee Areas from which Vallecitos School District Board Members will be Elected in a By-Trustee Area Election Process 

Copies of the resolutions are provided. At a future meeting, the County Committee will be required to approve or disapprove the district’s resolutions to change its election system and to adopt a trustee area plan.  

When considering a district’s proposal to change its method of election and establish trustee areas, the County Committee is required to hold at least one public hearing on the matter in the district.
 
Recommended Motion:
  1. This transmittal of Resolutions No. 03-19-02 and No. 19-06-07 of the governing board of the Vallecitos School District is placed on the agenda only for the board’s information. No action is required at this time.  

  2. Establish date, time, and location for public hearing as follows: Aug. 19, 2019, 6 p.m., District Office of Vallecitos School District

Attachments:
Exhibit A
Resolution 03-19-02
Resolution 19-06-07
6.c. Transmittal of Resolutions Related to Proposed Change to By-Trustee-Area Elections for the Governing Board of Valley Center-Pauma Unified School District and Establishment of Date for Public Hearing
Quick Summary / Abstract:
Resolutions adopted by the Valley Center-Pauma Unified School District Governing Board to change to a by-trustee-area election system and to establish trustee areas are being transmitted to the San Diego County Board of Education, acting as the San Diego County Committee on School District Organization (County Committee). The County Committee is asked to establish a date for a public hearing on the proposed change in election system.
Rationale:
Education Code sections 5019 and 5030 authorize a county committee on school district organization to establish trustee areas and to adopt alternative methods of electing governing board members in districts under its jurisdiction. The following resolutions were adopted by the governing board of the Valley Center-Pauma Unified School District:  

1.  Resolution No. 2018-2019-012, Resolution to Initiate the Process of Establishing Trustee Areas and Elections By-Trustee Areas 

2.  Resolution No. 2018-2019-039, Resolution Adopting a Map of Proposed Trustee areas, and Recommending that the San Diego County Committee on School District Organization Approve and Establish Trustee Areas from which Valley Center-Pauma Unified School District Board Members will be Elected in a By-Trustee Area Election Process

Copies of the resolutions are provided. At a future meeting, the County Committee will be required to approve or disapprove the district’s resolutions to change its election system and to adopt a trustee area plan.  

When considering a district’s proposal to change its method of election and establish trustee areas, the County Committee is required to hold at least one public hearing on the matter in the district.
 
Recommended Motion:
  1. This transmittal of Resolutions No. 2018-2019-012 and No. 2018-2019-039 of the governing board of the Valley Center-Pauma Unified School District is placed on the agenda only for the board’s information. No action is required at this time.  

  2. Establish date, time, and location for public hearing as follows: Aug. 20, 2019, 6 p.m., District Office of Valley Center-Pauma Unified School District
Attachments:
Exhibit A
Resolution 2018-2019-012
Resolution 2018-2019-039
7. PUBLIC HEARING: Administrative Change to Enrollment Policies of National University Academy - Dual Language Institute
Quick Summary / Abstract:
This is a public hearing on the administrative change to enrollment policies of the National University Academy - Dual Language Institute authorized by the San Diego County Office of Education. 
Rationale:
California charter schools are eligible to receive additional funding for school facilities under the Charter School Facility Grant Program (CSFGP) (California Education Code 47614.5). In order to receive these funds, the charter school must meet specific requirements:  

1.  The charter school site is physically located in the attendance area of a public elementary school in which 55% or more of the pupil enrollment is eligible for free or reduced-price meals

2.  The charter school site gives a preference in admissions to pupils currently enrolled in that public elementary school and to pupils who reside in the elementary school attendance area where the charter school site is located

3.  Fifty-five percent or more of the pupil enrollment at the charter school site is eligible for free or reduced-priced meals  

In order to receive funding through the CSFGP, National University Academy - Dual Language Institute has updated their enrollment policies to reflect admission preferences to students who attend or live within the attendance boundaries of Hannalei Elementary School (Vista Unified School District).  

Education Code 47605(d)(2)(B)(i) and the California School Finance Authority require the charter school authorizer to hold a public hearing and take action on all enrollment preferences.
 
Attachments:
Notice of Public Hearing
8. ACTION ITEMS
8.a. Taking Action on the Administrative Change to Enrollment Policies of National University Academy - Dual Language Institute
Quick Summary / Abstract:
The County Board of Education is asked to take action on the administrative change to enrollment policies of the National University Academy - Dual Language Institute authorized by the San Diego County Office of Education. 
Rationale:
California charter schools are eligible to receive additional funding for school facilities under the Charter School Facility Grant Program (CSFGP) (California Education Code 47614.5). In order to receive these funds the charter school must meet specific requirements:

1.  The charter school site is physically located in the attendance area of a public elementary school in which 55% or more of the pupil enrollment is eligible for free or reduced-price meals

2.  The charter school site gives a preference in admissions to pupils currently enrolled in that public elementary school and to pupils who reside in the elementary school attendance area where the charter school site is located

3.  Fifty-five percent or more of the pupil enrollment at the charter school site is eligible for free or reduced-priced-meals 

In order to receive funding through the CSFGP, National University Academy - Dual Language Institute has updated their enrollment policies to reflect admission preferences to students who attend or live within the attendance boundaries of Hannalei Elementary School (Vista Unified School District).  

Education Code 47605(d)(2)(B)(i) and the California School Finance Authority require the charter school authorizer to hold a public hearing and take action on all enrollment preferences.
 
Recommended Motion:
It is recommended that the County Board of Education approve the enrollment preferences and policies for National University Academy - Dual Language Institute.
Attachments:
Enrollment Policy
8.b. Acceptance of Board Policy 4020.1 for First Reading and Adoption
Quick Summary / Abstract:
The County Board of Education is asked to accept board policy 4020.1 for first reading and adoption.
Rationale:
The superintendent’s policy committee submits for the board’s review, discussion, and acceptance for first reading and adoption of board policy 4020.1. Pursuant to the San Diego County Board of Education’s board bylaw 9310, the County Board of Education may adopt a policy at the first reading and suspend the posting period. If accepted for first reading and adoption, board policy 4020.1 will be considered adopted with no future action needed by the County Board of Education.  

Due to the content and serious nature of board policy 4020.1, as well as the countless cases/complaints that are occurring statewide at an increasing rate, the San Diego County Office of Education (SDCOE) is committed to implementing a policy on adult-student boundaries as soon as possible and before students return next month for the 2019-2020 school year. With the adoption of board policy 4020.1, SDCOE will not only provide important guidelines for our staff, but also provide an example for school districts within San Diego County to follow.
 
Recommended Motion:
Accept board policy 4020.1 for first reading and adoption.
Attachments:
BP 4020.1
8.c. Approval of Temporary Loan to the Sweetwater Union High School District to Repay Community Facilities District Fund
Quick Summary / Abstract:

The County Board of Education is requested to approve a temporary loan to the Sweetwater Union High School District to cure the violation of Education Code Section 42603.


Rationale:

As of June 30, 2019, the Sweetwater Union High School District (District) had an outstanding balance of $12,000,000 due from the General Fund to the Community Facilities District Fund, commonly referred to as Mello-Roos. This balance represents consecutive years in violation of Education Code Section 42603, which requires all amounts borrowed to be repaid within the same fiscal year, or in the following fiscal year if the transfer takes place within the final 120 calendar days of the fiscal year.  Furthermore, the district has additional cash needs to fund operations during fiscal year 2019-20 and does not have funds available to repay the outstanding balance. 

The District closed fiscal year 2017-18 with a negative ending fund balance of $7.9 million.  Subsequently, SDCOE disapproved the District’s 2018-19 adopted budget on Sept. 18, 2018. Since that time, our office has provided assistance through the fiscal oversight process to help restore the District’s ending fund balance and meet minimum required reserve levels. 

On Feb. 12, 2019, SDCOE revoked the District’s fiscally accountable status, and now all cash transactions are required to be processed through our office.  At this time, the District needs to borrow cash to meet current operational needs in the General Fund; however, the District remains out of compliance with Education Code in relation to the prior year outstanding balance due to the Community Facilities District Fund.


 
Recommended Motion:
Approve a temporary loan to the Sweetwater Union High School District for $12,000,000 payable on or before June 30, 2020 to cure the violation of Education Code Section 42603.
Attachments:
Resolution-SUHSD Temp Loan
9. INFORMATION ITEMS - NO ACTION
9.a. California Education Code 1302: $10,000 Rule (Classified Management and Confidential Support)
Quick Summary / Abstract:
In accordance with California Education Code 1302, the promotions of three employees, which result in an annual increase in excess of $10,000 for each, are being brought to the attention of the board.
Rationale:

California Education Code Section 1302 states:

(a) The county superintendent of schools shall not increase by ten thousand dollars ($10,000) or more the salary or bonus of any employee of the county office of education unless the matter is brought to the attention of the county board of education for its discussion at a regularly scheduled public meeting of the county board of education.

  1. Susan Thorne received a salary reallocation effective July 1, 2019, to grade 058, step 6 from grade 052, step 6 of the confidential support salary schedule. The employee benefits technician position continues to reside in the Human Resource Services division.
  2. Dan Puplava received a salary reallocation effective July 1, 2019, to grade 047, step 5 from grade 044, step 5 of the classified management salary schedule. The program manager, deferred compensation position continues to reside in the Business Services division.
  3. Andrienne Loree received a salary placement adjustment effective July 1, 2019, from grade 056, step 2 to grade 056, step 4. The adjustment recognizes the responsibility of the position, the skills of the incumbent, and ensures internal/external salary alignment. The executive director, internal business services position continues to reside in the Business Services division.
 
Financial Impact:
  1. Ms. Thorne moved from an annual salary of $71,811 to an annual salary of $83,267, resulting in an $11,456 annual salary increase. The salary for this position is in the budget.
  2. Mr. Puplava moved from an annual salary of $133,771 to an annual salary of $144,058, resulting in a $10,287 annual salary increase. The salary for this position is in the budget.
  3. Ms. Loree moved from an annual salary of $155,407 to an annual salary of $171,339, resulting in a $15,932 annual salary increase. The salary for this position is in the budget.
9.b. Legislative Update
Attachments:
Legislative Update - July 2019
Legislative Update-AB1505 Amendments
10. BOARD REPORTS
10.a. Communications from Board Members
11. FUTURE AGENDA ITEMS
Quick Summary / Abstract:
Future agenda items are not considered on the agenda and Board Members will not be able to discuss per the Brown Act.
12. NEXT MEETING DATES
12.a. Special Board Meeting - Board Governance Workshop, Tues., July 30, 2019, 9 a.m., Jack Port Board Room 508
12.b. Special Board Meeting-Public Hearing, Mon., Aug. 12, 2019, 6 p.m., South Bay Union High School District
12.c. Special Board Meeting-Interdistrict Transfer Appeal, Wed., Aug. 14, 2019, 3:30 p.m., Jack Port Board Room 508Was edited within 72 hours of the Meeting
12.d. Regular Board Meeting, Wed., Aug. 14, 2019, 6 p.m., Joe Rindone Regional Technology Center
12.e. Special Board Meeting-Public Hearing, Mon., Aug. 19, 2019, 6 p.m. Vallecitos School District
12.f. Special Board Meeting-Public Hearing, Tues., Aug. 20, 2019, 6 p.m., Valley Center-Pauma Unified School District
13. ADJOURNMENT
Disability Information:
In accordance with the Americans with Disabilities Act, if accommodations are required, please call the Board Secretary 48 hours in advance at (858) 292-3515 and every effort will be made to accommodate your request. In compliance with Government Code section 54957.5, non-exempt writings that are distributed to a majority or all of the board in advance of a meeting, may be viewed at 6401 Linda Vista Road, Room 509, San Diego, California 92111; at our website at http://www.sdcoe.net/Board/Pages/default.aspx; or at the scheduled meeting. In addition, if you would like a copy of any record related to an item on the agenda, please contact Carmen P. Aguilar at (858) 292-3515.

Published: July 21, 2019, 12:40 PM

The resubmit was successful.