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Regular Board Meeting
Morgan Hill USD
March 19, 2019 6:00PM
MHUSD Board Room - Closed Session 4:00pm

A. CALL TO ORDER
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 (4:00 PM)
A.3. PUPIL PERSONNEL - Student discipline Education Code §48918 (c)(K-12)
A.4. LIABILITY CLAIMS - Governmental Code Section 54956.95
A.5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: one case
A.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a) of Government Code §54956.9
A.6.a. A Voice for Choice Advocacy, Inc., v. Morgan Hill Unified School District, et.al, Case No. 17CV316128
A.6.b. Santa Clara Superior Court Case No. 17CV319128; EL 17/18-001
A.6.c. Jane Doe 1 et al vs South Valley Dance Arts et al, Case No. 18CV340012
A.6.d. Catherine Rudolph v. Morgan Hill Unified School District Case No. 18CV338592
A.7. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6) Morgan Hill Classified Employees Association (MHCEA) and Morgan Hill Federation of Teachers (MHFT), Designated representative: Fawn Myers / Morgan Hill Educational Leaders Association (MHELA), Unrepresented employees, Designated representative: Steve Betando, and Superintendent, Designated representative: Karen Rezendes, Lozano Smith
A.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §54956.8)
A.9. PUBLIC EMPLOYEE-DISCIPLINE / DISMISSAL / RELEASE / REASSIGNMENT / COMPLAINT (Government Code § 54957 and 54957.1)
A.10. PUBLIC EMPLOYMENT / PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Superintendent
A.11. RECONVENE TO PUBLIC SESSION
B. CALL TO ORDER / PLEDGE OF ALLEGIANCE (6:00 PM)
C. INTRODUCTION OF BOARD MEMBERS AND STAFF (6:02 PM)
D. RECOGNITIONS / PRESENTATIONS
D.1. FFA Presentation (6:05 PM)
Rationale:
Future Farmers of America (FFA) officer teams from Sobrato and Live Oak High Schools will present a summary of their Program of Actives and each officer team has selected 3 members to speak about their experiences in FFA.

The National FFA Organization is dedicated to making a positive difference in the lives of students by developing their potential for premier leadership, personal growth, and career success through agricultural education.  FFA helps students to rise up to meet challenges by helping its members to develop their own unique talents and explore their interests in a broad range of career pathways.  FFA members live the motto Learning to Do, Doing to Learn, Earning to Live and Living to Serve.
 
Financial Impact:
None
Comments:
Submitted by:
Courtney Macko, Principal Ann Sobrato High School
Dr. Maria Reitano, Principal Live Oak High School
Dr. Ramon Zavala, Assistant Superintendent Educational Services
D.2. Service Learning Project Presentation (6:20 PM)
Rationale:
The 5th graders at Nordstrom will present information about their Service Learning Project to the Governing Board. The project, which included product development, marketing, and sales to raise funds to support the needs in a third world country, also provided the opportunity for the students to learn and educate others about the issues faced by people in distant lands. The board will hear how passionate 5th grade students can become toward helping others who are less fortunate. Specifically, the project involved students worked together and engaging teachers and parent volunteers to make homemade soaps which they sold before and after school for one week. In the end, the students raised over $1500 which they donated to WE.org to support water and health projects at a WE Village in Kenya.
 
Financial Impact:
None
Comments:
Submitted by:
Cathy Moss, District Core Curriculum TOSA  
Debbie Grove, Principal Nordstrom Elementary
Glen Webb, Director Curriculum, Instruction and Assessment
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190319 Nordstrom 5th Gr Service Learning Presentation
D.3. AAUW Presentation on the upcoming Wild Flower Run (6:30 PM)
Rationale:
Each year the Morgan Hill branch of the American Association of University Women (AAUW) raises $50K for local scholarships, youth leadership programs, community grants, and other programs in support of equity for women and girls. AAUW MH raises this money through the annual Wildflower Run (scheduled for March 31 at Live Oak High School, with an anticipated 1000 participants), corporate sponsorships, and individual donations.  AAUW appreciates the continued support for and promotion of the Wildflower Run by the MHUSD Board and Staff.
 
Attachments:
190319 WFR Presentation for mhusd
E. ADOPTION OF AGENDA (6:40 PM)
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.
 
F. APPROVAL OF CONSENT CALENDAR (6:37 PM)
G. PUBLIC COMMENT / COMMUNICATIONS (6:40 PM)
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.
 
H. COMMUNICATIONS (6:50 PM)
H.1. Closed Session Action Report (Government Code § 54957.1)
H.2. Report: Student Board Member
H.3. Reports: Superintendent / Staff
H.4. Reports: Board Members
H.5. Reports: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association
H.6. Calendar: Upcoming events
I. CONSENT ITEMS
I.1. BUSINESS SERVICES
I.1.a. Approve Memorandum of Understanding with Santa Clara County Office of Education for 2019-20 annual technical services
Rationale:
The Quintessential School Systems (QSS/QCC) application and software support services are necessary to support the District's human resources and business operations including budgeting, finance, and accounting functions. Santa Clara County Office of Education (SCCOE) also provides backup and disaster recovery for QSS/QCC hosted data and training for District employees on applications and software. 
 
The network services are necessary to provide connectivity to SCCOE and the internet. Firewall and filtering hosted by SCCOE will allow MHUSD to leverage volume licensing for web filtering, reducing our costs by approximately fifty percent from our previous provider. Services also include Nimble storage replication providing off-site backup of our critical server data.

The annual cost to provide services for Fiscal Services and Technology Support Services are as follows:

$148,862.00 QSS services 
$15,000.00     Network access services 1-10 Gbps 
$8,437.50    Firewall/filtering 1-2 Gbps firewall and content filtering 
$10,576.00     Nimble storage replication 

Staff recommends approving Memorandum of Understanding with Santa Clara County Office of Education for 2019-20 Annual Technical Services.

 
Financial Impact:
$182,875.50 from the Unrestricted General Fund
Comments:
Submitted by:
Jim Carrillo, Manager Technology
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190319 SCCOE MOU for Provision of Annual Technical Services
I.1.b. Approve amendment to the agreement between Morgan Hill Unified School District and Voices College-Bound Language Academy
Rationale:
On May 17, 2016, the Board of Trustees approved the Agreement between MHUSD and Voices regarding alternative facilities for the charter school. The major provisions of the Agreement were as follows:
  • $125,000 one-time lump-sum payment from the District to Voices
  • Voices will dismiss the complaint challenging the District's denial of facilities for 2015-16
  • Voices agrees to waive all rights to facilities for a period of three years (2015-16, 2016-17, and 2017-18) 

The Parties interpreted the Agreement differently as to the timeline for the expenditures of the lump-sum payment. Staff from Voices and the District met in December 2018 to review the areas of concern and mutually agreed to amend the Agreement to clarify the timeline for the expenditure of the lump sum payment. As clarified in the Amendment, Voices must expend the $125,000 payment prior to January 30, 2022 and any remaining funds would be remitted back to the District.

Staff recommends approving the Amendment to the Agreement between Morgan Hill Unified School District and Voices College-Bound Language Academy.

 
Comments:
Submitted by:
Kirsten Perez, Assistant Superintendent Business Services
Steve Betando, Superintendent
Attachments:
190319 Voices Amendment
I.2. EDUCATIONAL SERVICES
I.2.a. Adopt resolution to approve the 2018-2019 Child Development Services Agreement Amendment with the California Department of Education for California State Preschool Program CSPP-8570
Rationale:
The Morgan Hill Unified School District and the California Department of Education have maintained a contractual relationship for child development services for the purpose of serving the eligible preschool population students in the community based on family income requirements.  

The original amount encumbered by Contract CSPP-8570 State Preschool was Board approved on June 19, 2018.  That document of $307,450 was amended by 15,416 to $322,866 due to the maximum rate per child day of enrollment payable increasing from $45.67 to $48.22 as notified on October 17, 2018.  

The maximum rate per child day of enrollment increased from $48.22 to $48.28 and the minimum child days of enrollment was reduced from 6,696 to 6,687 as notified on March 5, 2019.  The original contract has been amended to reflect these changes.  There is no change to the total amount of the encumbrance.

All funds to operate this program are provided by the California Department of Education’s State Child Development Program.
 
Financial Impact:
The district receives an indirect service cost from these monies.
Comments:
Submitted by:
Heather Nursement, Director Supplemental Programs
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190319 CSPP8570Amendment2Resolution
I.2.b. Approve Safety Plans
Rationale:
School climate has a lasting effect on student’s ability to learn and student’s safety and preparation is one of the first and most important priorities at Morgan Hill Unified School District.

The District has a goal to increase student engagement, connection to school and community, and inspire productive persistence in ALL students to graduate college and career ready. (LCAP Goal #3. Student Engagement and School Climate)

California Education Code Section 32286 requires each school site to review and update its school safety plan by March 1 of each year. These plans must have policies that deal with crime, safety, child abuse reporting procedures, disaster preparedness, emergency shelters, discrimination, harassment, intimidation, bullying, hate crimes, toxic substances, and more.

The Safe School Plans were updated as a review of the following data: California Healthy Kids Survey, school crime data, suspensions/expulsions/counseling referrals and law enforcement reports. The Safe School Plans were updated collaboratively with district administration, site administration, certificated staff, classified staff, community members, parents, students and law enforcement agencies in the community. Additionally, the CDE document School Safety Elements and Resources helped schools identify ways to improve their school climate and safety.  

The District’s Safe School Plans used the School Safety Plan Self-monitoring Tool provided by the California Department of Education to ensure alignment with items that are necessary to comply with the law.
 
Financial Impact:
None
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Glen Webb, Director Curriculum, Instruction and Assessment
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190319 Adult Ed safety plan
190319 Barrett safety plan
190319 Britton safety plan
190319 Central safety plan
190319 El Toro safety plan
190319 JAMM safety plan
190319 Live Oak safety plan
190319 Los Paseos safety plan
190319 Martin Murphy safety plan
190319 Nordstrom safety plan
190319 PA Walsh safety plan
190319 Paradise Valley safety plan
190319 SMG safety plan
190319 Sobrato safety plan
I.2.c. Approve Memorandum of Understanding with Santa Cruz/Silicon Valley New Teacher Project for the New Teacher Project Induction Program
Rationale:
Attached is a copy of the Memorandum of Understanding between Morgan Hill Unified School District and the Santa Cruz/Silicon Valley New Teacher Project outlining the partnership for the New Teacher Support Induction Program.  The goal of this partnership is to increase student achievement through the implementation of a quality teacher induction program, while nurturing the growth and development of participating teachers.
 
Financial Impact:
$2,000 per in-house mentor and $5,200 for contract mentors
Comments:
Submitted by:   
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190319 NTP contract
I.3. HUMAN RESOURCES
I.3.a. Adopt resolution proclaiming April 23, 2019 as School Bus Drivers’ Appreciation Day
Rationale:
California Highway Patrol and the California Department of Education has declared the fourth Tuesday of April as “School Bus Drivers’ Appreciation Day.”  As the Board of Education of the Morgan Hill Unified School District values its 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 transportation bus driver team by joining other districts in the State in proclaiming this “School Bus Drivers’ Appreciation Day.”
 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
190319 School Bus Drivers Appreciation Reso
I.3.b. Adopt resolution proclaiming April 24, 2019 as Administrative Professionals’ Day
Rationale:
The Morgan Hill Unified School District, in conjunction with National Administrative Professionals Day, has adopted a Resolution proclaiming the fourth Wednesday of April as Administrative Professionals Day.  

The term “Administrative Professional” encompasses all office support staff, the classified employees who are the link between parents, teachers and administrators who keep offices running smoothly and efficiently. As the Board of Education of the Morgan Hill Unified School District values its administrative support staff, the Board, by adopting the attached resolution, would like to take this opportunity to express its gratitude for their fine work by joining other districts in the country in proclaiming April 24th as Administrative Professionals’ Day.

 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
190319 Admin Prof Day Reso
I.3.c. 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:
190319 Personnel Order
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from Special Board Meeting February 28, 2019 and Regular Board meeting of March 5, 2019
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190228 Special Meeting Minutes
190305 Meeting Minutes
I.4.b. Proposed revisions to Board Policy based on updates from California School Boards Association Policy Maintenance Services
Rationale:
Since 2012, the district has contracted with the California School Boards Association for Board Policy Manual maintenance and online posting.  CSBA services include posting and maintaining MHUSD’s policy manual online and sending recommended updates based on changes in law.

On March 6, 2019, the Policy Subcommittee reviewed and approved the attached policy changes. They are presented to the Board tonight for their approval.

 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190319 BP 3290 Gifts Grants and Bequests
190319 BP 4114 Transfers
190319 BP 4143 Negotiations Consultation
190319 BP 5141.6 School Health Services
190319 BP 5144 Discipline
190319 BP 5146 Married Pregnant Parenting Students
190319 BP 6175 Migrant Education Program
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Measure G Citizens' Oversight Committee Annual Report 2017-18 (7:00 PM)
Rationale:
Under the provisions of the California Constitution as amended by Proposition 39, an independent Citizens’ Oversight Committee (Committee) was established in January 2013 to assure that 2012 Measure G Bond funds are spent as approved by the voters. The Committee is required to publish an annual report of its findings.

The Committee has met throughout the year, receiving updates from District Staff regarding District facilities activities. The Committee has reviewed specifically the expenditures from Measure G to ensure that they are consistent with and in compliance with the Measure G ballot language. Additionally, the Committee has received regular project updates for the work scheduled through the program.

 
Financial Impact:
None
Comments:
Submitted by:
Lawrence Fleischer, Chair Citizens' Oversight Committee
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190319 COC 2017-18 Annual Report
J.2. PE Band Pilot update (7:10 PM)
Rationale:
The District will be launching a 2 year pilot program to study the impact and opportunities presented by offering a PE/Marching Band course. In the course, students in grades 10-12 will earn 5 credits of Physical Education and 5 credits of Visual and Performing Arts during the school year. The pilot is prompted by the need for scheduling flexibility in an ever tightening master schedule to provide room for student choice.
 
Financial Impact:
None
Comments:
Submitted By:
Glen Webb, Director Curriculum, Instruction, & Assessment
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
Course Outline PE/Marching Band
Presentation for Band/PE Pilot Status
J.3. Public Hearing: Conduct Public Hearing and accept Morgan Hill Federation of Teachers Openers (7:20 PM)
Rationale:
Public Hearing:

California government code § 3547 requires that “All initial proposals of exclusive representatives and of public school employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the public school employer.”  The attached list of articles to be negotiated are called reopeners of the existing three-year contract.  In this process, the articles in the contract that are intended to be negotiated are "sunshined,” or brought to light for the public. This process allows the Board of Education an opportunity to hear public comment before approving the opening of such negotiations.

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
190319 MHFT Openers
J.4. Update on the re-plumbing of the water circulation system for the Sobrato High School boys and girls locker/team rooms (7:30 PM)
Rationale:
As presented at the January 22, 2019 Board Meeting, Sobrato High School’s boy's and girl’s locker room and team rooms have had multiple plumbing leaks on the hot water lines above the ceiling that run throughout the building. 

Since this was last presented, Staff met on site with McKim Design Group (architect), Alfa Tech (plumbing/electrical engineer) and Ciari Plumbing to research the possible cause of the multiple leaks and determine a clear proposal on how to complete the repair and/or replacement.   

Staff ordered and received testing for water hardness and iron content on both the hot and cold water lines.  Based on the results of the tests, Alfa Tech believes the hard water is one of the primary factors causing the problem.  Alfa Tech believes the small size of the original hot water system piping creates a high-velocity turbulence within the piping.  The hard water sediment flowing through the pipes at this velocity and with this turbulence accelerates the corrosion specifically just beyond the bends in the pipes where the low pressure creates the turbulence. 

Staff recommends redesigning the hot water system and hot water return system to provide larger lines to reduce the velocity of the flow, reduce the number of hot water loops and bends, and minimize the length of the return line. Also, adding a duplex water softener and replace the existing water heater and associated equipment including the circulation pump to include a timed system. 

Staff has researched minimizing the removal of the ceiling to keep costs down and replacing in the same locations to reduce design costs. 

The projected estimate for the construction costs is $745,521.  Additional soft costs such as design, inspections, and testing are typically an additional 20% of the construction costs.

 
Financial Impact:
$250,000 will be funded from one-time discretionary funds, $550,000 from Fund 17 (Special Reserve), and the remaining amount from Restricted Routine Maintenance or Deferred Maintenance
Comments:
Submitted by:
Anessa Espinosa, Director Facilities
Kirsten Perez, Assistant Superintendent Business Services
J.5. Approve agreement with McKim Design for the Sobrato locker room plumbing (7:40 PM)
Rationale:
Staff has received and reviewed the proposal for design services for the Sobrato High School Locker Room re-plumbing and recommends the approval of McKim Design Group in the amount of $88,500.

Upon approval, McKim Design, with the assistance of their plumbing and electrical consultant, will proceed with the design and have the drawings and specifications ready for Staff to bid out the project and begin work once school is out in June. 

Construction contacts will be presented to the Board for approval at a later date.

 
Financial Impact:
$88,500 will funded out of one time discretionary funds
Comments:
Submitted by:
Anessa Espinosa, Director Facilities
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190319 McKim Design Agreement
J.6. Resolution Opposing Youth Access to Marijuana Through Retail Storefronts, Cultivation, Manufacturing, and Testing of Commercial Cannabis (7:50 PM)Was edited within 72 hours of the Meeting
Rationale:
The Morgan Hill Unified School District is committed to safeguarding the wellness of all students we serve. The City of Morgan Hill is currently considering local ordinances regarding the regulation of distribution, production, and sale of commercial cannabis. The Morgan Hill City Council recently held a special workshop on February 27th regarding this topic - the workshop materials may be accessed at http://morganhillca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1793

The American Academy of Pediatrics has documented numerous published findings indicating that cannabis use has harmful effects on adolescents and youth, citing a host of recent medical and scientific research studies to evidence these claims. The American Academy of Pediatrics also references longitudinal studies that link marijuana to negative effects on intellectual function and higher rates of mental health disorders such as addiction, depression, and psychosis.

In its publication entitled “Marijuana and Tobacco Use” (May 2017), the California Department of Public Health cites research showing that the highest rates of past month marijuana use among adolescents aged 12 to 17 were in states or jurisdictions that had legalized commercial marijuana and that nationally the perceived risk of harm associated with marijuana use by adolescents is decreasing while the daily use of marijuana is increasing among high school students. In this report, the California Department of Public Health also cited research findings indicating that early marijuana use is associated not only with impaired school performance but also with an increased likelihood of students dropping out of high school.

The District respectfully requests that all these considerations be taken into account by the City of Morgan Hill and its elected officials so that the wellness of our youth can be protected and safeguarded. The attached resolution requests that the City does not allow the retail sales of commercial cannabis and adopts municipal codes to ensure that cannabis businesses including cultivation, manufacturing, and testing are not located in the City of Morgan Hill.

 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190319 Bibliography for Resolution Opposing Commercial Cannabis
190319 Opposing Cannabis Reso
J.7. Results of Santa Clara County Schools poll on broadcasting governing board meetings and next steps (8:00 PM)Was edited within 72 hours of the Meeting
Rationale:
At its March 5, 2019, meeting, the Governing Board discussed consideration of broadcasting governing board meetings. The Board asked staff to seek information about whether or not other districts in Santa Clara County broadcast their meetings and report other details related to costs and process for those districts who do broadcast their board meetings. Staff is reporting the findings of the survey to the board for further discussion.
 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190319 Board Meeting Broadcast Survey Results
J.8. New business: future agenda items / recognitions (8:10 PM)Was edited within 72 hours of the Meeting
K. PUPIL DISCIPLINE
L. ADJOURNMENT (8:20 PM)Was edited within 72 hours of the Meeting
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, April 2, 2019 with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, March 29, 2019.
 
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.

Published: March 15, 2019, 12:09 PM

The resubmit was successful.