Los Gatos‑Saratoga board approves application to seek waiver under Education Code 41372

The Los Gatos‑Saratoga Union High School District Board of Trustees on Aug. 28 voted 5‑0 to authorize district staff to submit an application for an exemption under Education Code section 41372 (a CEA waiver) covering the 2024‑25 accounting period.

District staff presented a detailed analysis showing the district fell short of the statutory ratio as defined by the code but argued the calculation omits substantial student-facing services. Patrick (district staff) told the board the waiver application is based on the district’s Cost of Education Average (CEA) form attached to the estimated actuals approved in June and urged the board to allow staff to submit the application by the statutory deadline.

Patrick said the statutory calculation counts only classroom teachers and certain instructional associates and excludes many positions that provide direct student services, including school psychologists, occupational therapists, speech‑language pathologists and personnel in the district’s wellness centers. He cited district accounting that, when combined, those excluded student‑facing costs totaled about $9,100,000 for 2024‑25. “If we were to include all $9,100,000 we would end [the] calculation at 59.99%,” Patrick said.

Why it matters: Education Code section 41372 requires a district to show a minimum portion of qualifying certificated salaries are spent on classroom teachers; falling short triggers reporting and possible corrective steps unless a waiver is granted. Board members emphasized the difference between statutory calculation and the district’s total student services spending and discussed which districts are appropriate comparators for the waiver.

Patrick described two comparison sets submitted with the waiver: geographically contiguous high‑school districts and districts ranked nearby by average cost of education per average daily attendance (ADA). He noted that while some nearby districts (for example, Palo Alto Unified and Mountain View–Los Altos) have higher salary schedules, their per‑student resources are substantially higher — a factor Patrick said weakens direct comparability under the statute.

Board discussion focused on transparency and context. Trustee Kevin thanked staff for the data and the presentation’s clarity; other trustees urged that the comparison tables be made publicly accessible. The board directed staff to pursue the waiver and submit it by the county deadline.

The board’s vote: motion to authorize submission of the CEA waiver passed 5‑0. The motion was moved by Catherine and seconded by Sean. Student board representatives Ava and Sofia indicated support during the discussion.

Next steps: Staff will file the waiver by the required date and include the comparative salary and cost tables with the county submission. Patrick said staff will also review accounting options for future years to reduce the gap under the statutory calculation.