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Regular Board Meeting
Morgan Hill USD
September 01, 2015 6:00PM
Live Oak High School / Theater 1505 E. Main Street Morgan Hill, CA 95037

A. CALL TO ORDER
Attachments:
170815 CSU Fresno MOU
170815 CSU Fresno MOU
170815 CSU Fresno MOU
A.1. PUBLIC COMMENT ON CLOSED SESSION TOPICS
Rationale:
Members of the public may address the Board at this time regarding items on the Closed Session agenda. The Board of Education reserves the right to limit speaking time to three (3) minutes or less per individual.
 
A.2. ADJOURN TO CLOSED SESSION (4:30 PM)
A.2.a. LIABILITY CLAIMS -- Governmental Code Section 54956.95
A.2.a.1. Accept / deny Application for Leave to Submit Late Claim, Corvel File # 14-18321 ABWas edited within 72 hours of the Meeting
A.2.a.2. Accept / deny claim against Morgan Hill Unified School District, Corvel File # 14-18321 AB
A.2.b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -- Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: three cases
A.2.c. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -- Pursuant to subdivision (a) of Government Code §54956.9
Rationale:


 
A.2.c.1. Beltran v Morgan Hill Unified School District Case No. 115CV276960
A.2.c.2. Morgan Hill Unified School District v. Santa Clara County Office of Education, Case No. 115CV281545
A.2.c.3. Denise Reilly v. Morgan Hill Unified School District, Case No. 115CV283880
A.2.d. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6) Service Employees International Union (SEIU) and Morgan Hill Federation of Teachers (MHFT), Designated representative: Fawn Myers / Morgan Hill Educational Leaders Association (MHELA), Designated representative: Steve Betando; Robert Benevento, Karen Rezendez Unrepresented employee: Superintendent
A.2.e. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §54956.8)
A.2.e.1. Property: APN #728-34-002 & 728-34-003 Peet Road Property -- Agency negotiator: Steve Betando / Under negotiations: Terms and conditions
A.2.f. PUBLIC EMPLOYMENT/PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Superintendent
A.3. RECONVENE TO PUBLIC SESSION
A.4. CALL TO ORDER / PLEDGE OF ALLEGIANCE
A.5. INTRODUCTION OF BOARD MEMBERS AND STAFF
B. ADOPTION OF AGENDA / APPROVAL OF CONSENT CALENDAR
Rationale:
Items listed under CONSENT are considered to be routine by the Board of Education and will be enacted by one motion at this time. There will be no separate discussion of these items unless a board member or citizen so requests.
 
C. APPROVAL OF MINUTES
C.1. Approve the minutes from the Regular Board Meeting of August 18, 2015
Comments:
Submitted by:
Steve Betando, Superintendent

Attachments:
150901 Minutes 150818
D. PUBLIC COMMENT / COMMUNICATIONS
Rationale:
This is opportunity for communication regarding items not on the agenda. Members of the public may address the Board regarding items on the agenda immediately prior to their being discussed by the Board.
 
E. COMMUNICATIONS
E.1. Closed Session Action Report (Government Code § 54957.1)
E.2. Report: Student Board Member
E.3. Reports: Superintendent/Staff
E.4. Employee Groups: Morgan Hill Federation of Teachers / Service Employees International Union / Morgan Hill Educational Leaders Association
E.5. Board Member Reports
E.6. Calendar: Upcoming events
F. CONSENT ITEMS
F.1. BUSINESS SERVICES DEPARTMENT
F.1.a. Approve agreement with Charles M. Salter Associates, Inc. for preliminary assessment of acoustics at Martin Murphy Middle School and Barrett Elementary School Multi-use Buildings
Rationale:

Currently, Martin Murphy Middle and Barrett Elementary Schools' Multi-use Buildings are experiencing noise issues stemming from the building's exterior wall ceiling construction. 

Staff requests approval of the $1,350 agreement for Salter Associates to provide preliminary assessment and provide direction on how to proceed with sound transmission issues at two Multi-use Buildings.

Charles M. Salter Associates, Inc. (CSA) is a consulting firm located in San Francisco with a branch office in San Jose, California and provides services in acoustics, audiovisual, telecommunications, and security. The firm was founded in 1975 and consults on over 900 projects per year worldwide. The Salter Associates Inc teams contains more than 55 comprises Professional Engineers, LEED Accredited Professionals, Certified Technology Specialists, Registered Communications Distribution Designers, Fellows of the Audio Engineering Society, Fellows of the Acoustical Society of America, and a PhD, as well as individuals with interdisciplinary and advanced degrees in architecture, music, linguistics, business, and forensics.

 
Financial Impact:
$1,350 will be funded out of Measure G Bond Funds
Comments:
Submitted by: 
Casino Fajardo, Director Construction and Modernization 
Kirsten Perez, Assistant Superintendent Business Services


Attachments:
150901 Barrett and Murphy Acoustics
F.1.b. Approve agreements for Legal Services for Fiscal year 2015-16
Rationale:
In accordance with Board Bylaw 9124, the District annually approves contracts for legal services. In evaluating legal counsel, staff has considered the firm or attorney's background; experience and reputation in education law; experience advising or representing school districts in California; fee schedule, and experience of attorneys at the firm who will provide legal services.  Based on these criteria, the following firms are recommended:
  • Burke, Williams & Sorensen
  • Liebert Cassidy Whitmore
  • Lozano Smith
  • Orbach, Huff, Suarez & Henderson

Having a variety of legal firms allows the District flexibility to select the firm with the most expertise and experience for a particular matter. Since these firms represent many clients in the education field the possibility of conflict of interest could arise, the District will have the option to easily select alternative counsel. 





 
Financial Impact:
$75,000 is included in the Adopted General Fund budget for legal services
Comments:
Submitted by:
Kirsten Perez, Assistant Superintendent Business Services
Steve Betando, Superintendent
Attachments:
150901 BWS Agreement 2015-16
150901 LCW Agreement 2015-16
150901 LS Agreement 2015-16
150901 OHSH Agreement 2015-16
F.2. EDUCATIONAL SERVICES DEPARTMENT
F.2.a. Approve/ratify contracts for Special Education Services for 2015-2016 in the amount of $26,075
Rationale:
The Department of Special Education requests approval/ratification of the following 2015-2016 Special Education contracts for Morgan Hill Unified School District.  The contracts marked with by an * include services currently provided.

Shelley Davis.- Behavioral Specialist

$10,075

Discovery Counseling Center * – to provide counseling services to students

$16,000



 
Financial Impact:

The amount of $26,075 is included in the adopted budget for 2015-2016

Comments:
Submitted by:
Rose Du Mond, Director of Student Services
Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
150901 Discovery Counseling Center
150901 Shelley Davis
F.2.b. Approve agreement with YMCA Noon-Time Sports for engaging students during lunch recess for Barrett Elementary School
Rationale:
Barrett Elementary and the Barrett Home and School Club want to partner to provide noon-time activities that engage students during their lunch period. Barrett Elementary will pay for these services for the first half of the school year and the Home and School Club will pay for the services in the second half of the school year.

The focus of the program will be to actively engage students in supervised activities that range from outdoor sports such as soccer, flag football, and other organized sports to indoor sport and activities such as art or dance.

The coaching will be provided by 1-2 adults from the YMCA who currently work with our students in the after-school program.



 
Financial Impact:
Not to exceed $2,918 from site funds  

Comments:
Submitted by:
Mary Alice Callahan, Barrett Elementary Principal 
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
150901 YMCA Noon Time Sports Agreement
F.2.c. Approve agreement with Santa Clara County Office of Education for Positive Behavioral Interventions and Support (PBIS)
Rationale:
LCAP Goal #3 identifies the district-wide implementation of a Positive Behavior Support and Intervention System (PBIS) as an area of priority to foster better student connectedness to school and positive school climate. PBIS is a research-based, school-wide continuum of behavioral support and is recommended by the both the US Department of Education and the California Department of Education as part of an evidence-based, multi-tiered framework for improving behavioral outcomes and learning conditions for all students.

As a first phase of implementation, the District will partner with the County Office’s PBIS Technical Assistance Team to provide training and support to four District schools: Walsh, El Toro, Murphy and Central. The training and support program spans three years. Additional District schools will enter as a cohort in each subsequent year until all schools have received PBIS training and support in implementing the system.

The cost for the first year of training for four schools is $3,500 per school or $14,000.



 
Financial Impact:
$14,000 for the first year of a three-year training and implementation program
Comments:
Submitted by: 
Linda Row, Coordinator Student Services
Rose DuMond, Director Student Services and Special Education
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
150901 SCCOE PBIS Tier 1
F.2.d. Approve agreement with San Jose State University Research Foundation to implement Mathematics, Engineering, Science Achievement (MESA) Program
Rationale:

The Statewide Mathematics, Engineering, Science Achievement (MESA) Program, housed at the University of California Office of the President in Oakland, has developed a model for helping educationally disadvantaged students successfully complete a college-preparatory, math-based plan of study in order to be competitively eligible for admittance into selective four-year institutions and major in math-based majors like engineering. This model is administered through San Jose State University in collaboration with Morgan Hill Unified School District, and it will be implemented at both Britton Middle School and Martin Murphy Middle School as an after school enrichment program. This year the program will be expanded to continue with the cohort of students at Live Oak and Sobrato High School.

 
Financial Impact:

Not to exceed $16,000 from LCFF-Supplemental 




Comments:
Submitted by:
Ivonne Glenn, Director State and Federal Programs
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
150901 MESA agreement
F.2.e. Approve grant application with Silicon Valley Community Foundation for Los Paseos Learns! and ratify agreement
Rationale:
This agreement with South County Cal-SOAP, the YMCA of Silicon Valley and Morgan Hill Unified School District establishes the operation of Los Paseos Learns!, an afterschool program at Los Paseos Elementary School for English Language Learners and students in poverty in grades K-3 contingent upon being awarded the grant.    


 
Financial Impact:

To be determined

Comments:
Submitted by:
Jenna Mittleman, Principal, Los Paseos Elementary 
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
150901 SVF LP Learns! Grant
F.2.f. Approve travel for 65 members of the Ann Sobrato High School band to participate in Western Band Association (WBA) Championships in Clovis, CA
Rationale:
65 members of the Ann Sobrato High School Marching Band wish to participate in the final Western Band Association (WBA) competition of the marching season Friday, November 20, 2015 through Sunday, November 22, 2015.  The competition is being held at Buchanan High School in Clovis, CA.

The students will be chaperoned by the band director and at least 6 adult chaperones, both male and female.  Students will travel by bus and will stay two nights at a hotel in the greater Fresno area.  Fundraising opportunities and scholarships are available for students who need it.

The students will only miss one afternoon class on Friday November 20.


 
Financial Impact:
None

Comments:
Submitted by:
Courtney Macko, Principal, Ann Sobrato High School
Dr. Ramon Zavala, Assistant Superintendent Educational Services
F.2.g. Approve travel for approximately 160 students from Los Paseos Elementary School’s fifth and sixth grade classes to attend a 4-day, 3-night science camp in Boulder Creek, CA
Rationale:
Los Paseos School requests permission for approximately 160 students to attend a 4-day science camp through YMCA Camp Campbell in Boulder Creek, CA.  They would be leaving on Tuesday, December 1, 2015 and returning on Friday, December 4, 2015.  Students will be housed on site. 

The purpose of this trip is to offer students an outdoor experience in environmental science and team building activities that directly relate to the state sixth grade standards.

Six classroom teachers and approximately 20 county staff will supervise the students.  Accommodations will be at YMCA Camp Campbell.  Transportation will be by school bus.



 
Financial Impact:
All costs will be paid by the individual student families and fundraising activities.  Scholarships are available.

Comments:
Submitted by:
Jenna Mittleman, Principal, Los Paseos Elementary
Dr. Ramon Zavala, Assistant Superintendent Educational Services


F.3. HUMAN RESOURCES DEPARTMENT
F.3.a. Adopt resolution declaring the week of October 11-17, 2015 as Week of the School Administrator
Rationale:

State of California has declared the second full week of October as the “Week of the School Administrator” in Education Code 44015.1.  As the Board of Education of the Morgan Hill Unified School District values its leadership, just as it values its teachers and other support staff, the Board, by adopting the attached resolution, would like to take this opportunity to express its gratitude for the fine work of its administrative team by joining other districts in the State in proclaiming this “Week of the Administrator.”


 
Financial Impact:

None.

Comments:

Submitted by:
Fawn Myers, Assistant Superintendent Human Resources

Attachments:
150901 Reso 007 Week of School Administrator
F.3.b. Approve personnel action to employ, re-employ, promote, reassign, accept resignation, accept retirement, and authorize related compensation
Rationale:
See attached.
 
Financial Impact:

Included in adopted budget.

Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
150901 Personnel Order
F.3.c. Approve Student Teaching Agreement with UC Santa Cruz
Rationale:

Attached is a copy of the Student Teaching Memorandum of Understanding between UC Santa Cruz and Morgan Hill Unified School District. The term of the agreement is September 1, 2015 through June 30, 2017.

The approval of this document establishes a formal relationship between the District and UC Santa Cruz and allows the District to place UC Santa Cruz student teachers in our classrooms. Many fine permanent teachers in our District have first served as student teachers for Morgan Hill.



 
Financial Impact:

None

Comments:

Submitted by:
Fawn Myers, Assistant Superintendent Human Resources

Attachments:
150901 University of Santa Cruz Student Teaching Agreement
G. BOARD REPORTS/GENERAL BUSINESS -PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
G.1. Public Hearing: Charter School of Morgan Hill Renewal Petition
Rationale:
Public Hearing

The Charter School of Morgan Hill submitted a proposal received on August 5, 2015 to the District Superintendent requesting renewal of its Charter. In accordance with Board Policy / Administrative Regulation 0420.4, not later than 30 days after receiving the complete charter school petition (or request for renewal), the Board shall hold a public hearing on the provisions of the charter, at which time the level of support for the petition by teachers of the district, other emploees of the district and parents, shall be considered.  Charter applicants shall appear and provide testimony to the Board of Education.  Notice of the hearing will be provided to each barganing unity representing the employees of the district.

Within 60 days of receipt of the petition, or 90 days based upon agreement between the applicant and the school district, the Board shall either grant or deny the (renewal) petition.



 
Comments:
Submitted by: 
Steve Betando, Superintendent

G.2. Board of Education Trustee Conference Expenses
Rationale:
Discussion / Direction:

At the May 13, 2014 meeting, trustees reviewed the Governing Board budget and expenditures for 2013-14.  The Governing Board budget includes the Board’s monthly stipends, conference expenses, board agenda packet distribution, board meeting supplies, dues and memberships, and other.  The Board’s budget also covers the annual retirement reception, the annual audit, public notices, and board elections.
  
Following discussion, a sub-committee of the previous Board was formed (Bob Benevento, Claudia Rossi, and Rick G. Badillo) to meet and consider guidelines for board member travel and conference in an effort to determine an appropriate and equitable level of support for individual trustee professional development and education.

At the October 21, 2014 meeting the sub-committee members presented their proposal and recommendations.  At that meeting the Board members decided that with three members retiring from the Board, the sitting board should not act on the proposal at that time and that the subject should be deferred to the incoming board to be seated in December, 2014.

The subject was scheduled for discussion at the February 10, 2015, but was removed from the agenda as a courtesy to Trustee Borgioli who asked to continue to review the recommendation on the subject and was not ready to vote at that meeting.
  
The findings will again be submitted to the Board at the September 1, 2015 meeting.  A copy of the October 21, 2014 report is attached for Board review with some requested revisions.

Trustee Borgioli recommends:

1.

Keeping the current proposed per trustee budget as submitted herein

2.

Adding an addendum for newly elected trustees, stipulating an additional increase of $750.00 / newly elected trustee for Professional Development

3.

To be included in the addendum there shall be an evaluation of each trustee’s yearly budget after nine (9) months, and if the trustee does not use their allotted budget dollars and does not plan on using those unused dollars, that these unused dollars be offered to other trustees for Professional Development

4.

That this addendum is for the first eighteen (18) months of the newly elected trustee, and that after eighteen months the budget reverts back to the allotted dollar amount per trustee

5.

The benefit to the newly elected trustees is, that in the event the newly elected trustee wants to take advantage of Professional Development programs, there is a sufficient budget allowance.

Attached is the February 2015 sub-committee proposal  and recommendations.









 
Financial Impact:
Budget monitoring



Comments:
Submitted by: 
Gino Borgioli, Board of Education
Bob Benevento, President  Board of Education   
Attachments:
150901 Board Expense Committee Recommendations 150210
G.3. Board of Education Trustee Gino Borgioli request prior authorization to attend the California School Boards Association Masters in Governance Workshops
Rationale:
In accordance with Board Bylaw 9250, all Board of Education Trustee travel and expenses to be reimbursed must be pre-authorized by the Board of Education prior to traveling.  

Trustee Borgioli seeks authorization to attend the following California School Boards Association Masters In Governance (MIG) workshops.  There are five (5) MIG courses in total - registration for each course is $249.00.

Trustee Borgioli is registered for the following four workshops:

  1. September 11, 2015, MIG Course 1: Foundations of Effective Governance / Setting Direction - Alameda County Office of Education, Hayward, CA
  2. September 25 & 26, 2015, MIG Course 3: School Finance and MIG Course 4: Collective Bargaining / Human Resources - Sheraton Park Hotel at the Anaheim Resort, Anaheim, CA
  3. October 16, 2015, MIG Course 2: Student Learning & Achievement / Policy & Judicial Review - Alameda County Office of Education, Hayward, CA
  4. November 14, 2015, MIG Course 5: Community Relations & Advocacy / Governance Integration - Hyatt Regency, Sacramento, CA

Attached is a list of 2015-16 workshop locations and dates.  







 
Financial Impact:
$1,245 reimbursement for course registration plus travel and expenses from the General Fund

 

Comments:
Submitted by: 
Steve Betando, Superintendent

Attachments:
150901 MIG Module Schedule 2015-16
G.4. Adopt resolution authorizing compensation for Amy Porter Jensen's absence from a regular meeting of the Morgan Hill Unified School District Board of Education held on August 18, 2015
Rationale:
The attached resolution authorizing compensation for Amy Porter Jensen's absence from a regular meeting of the Board of Education held on August 18, 2015 is submitted for approval in accordance with Board Policy 9250.
 
Financial Impact:
None

Comments:
Submitted by: 
Steve Betando, Superintendent

Attachments:
150901 Adopt Reso 008 Trustee Absence_A Porter Jensen
G.5. New business: future agenda items / recognitions
H. ADJOURNMENT
Rationale:

The next REGULAR meeting of the Board of Education is scheduled for Tuesday, September 15, 2015, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, September 11, 2015.

 
Disability Information:
Special Accommodations: In compliance with the Americans with Disabilities Act, if you need special assistance to access the Board meeting room or to otherwise participate at this meeting, including auxiliary aids or services, please contact Kelly Schriefer at 201-6001. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to the Board meeting. Documents provided to a majority of the Governing Board regarding an open session item in the agenda will be made available for public inspection in the District Office located at 15600 Concord Circle, Morgan Hill during normal business hours.

The resubmit was successful.