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Regular Board Meeting
Morgan Hill USD
April 02, 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.3.a. Recommendation for Expulsion and Rehabilitation Plan for Student E-18/19-007
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
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
Rationale:


 
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 EMPLOYEE APPOINTMENT (Government Code § 54957)
A.11. PUBLIC EMPLOYMENT / PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Superintendent
A.12. 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 (6:05 PM)
D.1. Altersville, Future City Team Presentation
Rationale:
Team Taifeng Zhen will be presenting their award-winning model and presentation that was entered into the Future Cities competition this past January.  They were awarded 2nd place in the Northern California regional competition. This year's theme for contestants was building a resilient city that could withstand natural disasters.  Taifeng Zhen  was specifically designed to withstand Typhoons . The team consists of Jacob Esch, Rhown Frakt, Patrick Thai, Giovanni Tlaxxalteco Lopez, Josue Sanchex Rodriguez, and Ezekiel Thun.
 
Financial Impact:
None
Comments:
Submitted by:
Alex Aasen, Principal Martin Murphy Middle School
Dr. Ramon Zavala, Assistant Superintendent Educational Services
E. ADOPTION OF AGENDA (6:15 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 (6:17 PM)
G. PUBLIC COMMENT / COMMUNICATIONS (6:20 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 (6:30 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. Ratification of contracts executed pursuant to Board Policy 3312 for the month of February 2019
Rationale:
The District contracts with consultants or independent contractors who can provide valuable and necessary specialized services not normally required on a continuing basis. Pursuant to Education Code 17604 and Board Policy 3312(a), the Superintendent or designee (employees identified in Bd.Ed. 2017-18 Reso 058) has the authority to enter into contracts with a value up to $100,000 on behalf of the District. These contracts must be subsequently ratified by the Board.

The attached document lists the contracts executed by the Superintendent or designee for the month of February 2019.

 
Comments:
Submitted by:
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190402 Monthly Contracts
I.1.b. Approve award to Kent Construction-SVA Architects for the design build of Nordstrom Elementary School portable replacement project
Rationale:
On November 7, 2017, the District’s Board of Education approved the use of the design-build delivery method for the Nordstrom Elementary School Portable Replacement Project (“Project”).  On February 15, 2018, the District published a request for qualifications from design-build entities interested in performing the Project. As a result, a list of pre-qualified finalists was compiled.

Competitive proposals were submitted by the finalists on October 19, 2018. Additionally, subsequent rounds of interviews were held on November 26, 2018 to further qualify the proposals received. The selection committee evaluated the responsive proposers and determined that Kent Construction-SVA Architects (Kent-SVA) provided the overall best value to the public based on its careful analysis of the following criteria:

Overall committed cost 
Design-build experience
Overall schedule
Sustainability
Additional scope of work

The contract price is not to exceed $8,413,420.

 
Financial Impact:
$8,413,420 to be funded out of Measure G, series B bond proceeds
Comments:
Submitted by:
Casino Fajardo, Director Construction and Modernization
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190402 MHUSD-Kent Construction
I.1.c. Delegation of authority to approve award of the Britton Middle School classroom furniture bid
Rationale:

In an effort to expedite the award of contract for the project, Staff requests that the Board of Education delegate authority to the Superintendent or his designee to award contracts per Education Code 17604 and be ratified at the next scheduled Board meeting. 

The estimate for the Britton Classroom Furniture Bid is $666,000 based on a budget is $16,000 per classroom which includes student desks and chairs and $8,000 per classroom for classroom support furniture (teacher desk and chair, casework, moveable whiteboards, and storage).The Special Day Classrooms have an additional budget of $8,000 per classroom for additional storage, furniture for smaller groups, plus a one to one area.

Should the lowest bid exceed the estimated budget amount by more than 10%, Staff will not award the contract and will rebid and bring the actual low bid amount to the Board for review and approval at a later date. Accordingly, if the low bid is below the estimated amount the District will award this contract.

 
Financial Impact:
$666,000 to be funded out of Measure G, series B proceeds
Comments:
Submitted by:
Jackie Schaefer, Construction Project Planner
Kirsten Perez, Assistant Superintendent Business Services
I.2. EDUCATIONAL SERVICES
I.2.a. Approve travel for nine students from Live Oak High School’s Nuts and Bolt’s Robotics team to travel to the FIRST (For Inspiration and Recognition of Science and Technology) Robotics Championship in Houston, Texas
Rationale:
Nine Live Oak High School Nuts and Bolt’s Robotics team members request permission to attend the FIRST (For Inspiration and Recognition of Science and Technology) Robotics Championships in Houston, Texas leaving Wednesday, April 17, 2019 and returning Saturday, April 20, 2019.

The Live Oak team won the Rookie All Star Award at the Monterey Bay Regional Tournament the weekend of March 22, 2019.  As a result, they were invited to compete in the championship in Houston in April – the “Olympics” of the Robotics Competitions.

The students will be chaperoned by Live Oak High School teacher, Kristopher Boursier, team mentor, Annette Lane and an additional male chaperone.  The group will fly round trip from San Jose to Houston and will stay at an affiliated hotel near the venue.  

The group has received a grant of $5,000 from the Brin Wojcicki Foundation to cover registration for the event.  Additional funding will come from LCFF as needed.
 
Financial Impact:
Grant and LCFF Supplemental Funds
Comments:
Submitted by:  
Dr. Maria Reitano, Principal, Live Oak High School  
Dr. Ramon Zavala, Assistant Superintendent Educational Services
I.3. HUMAN RESOURCES
I.3.a. 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:
190402 Personnel Order
I.3.b. Adopt Resolution declaring May 3, 2019 "School Lunch Hero Day"
Rationale:
The National School Nutrition Employee Week is May 6-10, 2019. However, the School Nutrition Association, has designated May 3, 2019 as “School Lunch Hero Day.” In keeping with this designation and in order to bring deserved recognition to the members of our nutrition department who dedicate themselves to preparing healthy meals for our students of the Morgan Hill Unified School District, adhering to strict nutrition standards, navigating student food allergies, and offering service with a smile, administration is recommending approval of a resolution proclaiming May 3, 2019 as the “School Lunch Hero Day."
 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
190402 School Lunch Hero Reso
I.3.c. Adopt Resolution declaring May 8, 2019 "California Day of the Teacher"
Rationale:
The National Teacher Appreciation Week is May 6-10, 2019. However, the California state legislature, in cooperation with the California Department of Education, has designated May 8, 2019 as “California Day of the Teacher.” In keeping with this designation and in order to bring deserved recognition to the members of our certificated staff who dedicate themselves to the education of the students of the Morgan Hill Unified School District, administration is recommending approval of a resolution proclaiming May 8, 2019 as the “California Day of the Teacher."
 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
190402 Day of the Teacher Reso
I.3.d. Adopt Resolution declaring May 8, 2019 "National School Nurse Day"
Rationale:
Our state legislature, in cooperation with the California Department of Education, has designated May 8, 2019 as “National School Nurse Day.” In keeping with this designation and in order to bring deserved recognition to our nurses and other health office personnel who dedicate themselves to the care of the students of the Morgan Hill Unified School District, the administration is recommending approval of a resolution proclaiming May 8, 2019 as the “National School Nurse Day."
 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
190402 School Nurse Day Reso
I.3.e. Adopt Resolution declaring May 19-25, 2019 "Classified School Employee Week"
Rationale:
In accordance with Education Code 45460, our state legislature, in cooperation with the California Department of Education, has designated May 19-25, 2019 as “Classified School Employee Week.” In keeping with this designation and in order to bring deserved recognition to the members of our classified staff who dedicate themselves to supporting the education of the students of the Morgan Hill Unified School District, the administration is recommending approval of a Resolution proclaiming May 19-25, 2019 as “Classified School Employee Week."
 
Financial Impact:
None
Comments:
Submitted by: 
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
190402 Classified Employee Week Reso
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from the Regular Board meeting of March 19, 2019 and Special Board Meeting March 20, 2019
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190319 Meeting Minutes
190320 Special Meeting Minutes
I.4.b. Approve Board of Education schedule for 2019-2020
Rationale:
Proposed Board of Education meeting schedule and agenda prep dates for 2019-20
 
Comments:
Submitted by:

Steve Betando, Superintendent


Attachments:
190402 PROPOSED 2019-20 BOE Schedule and Prep Dates
I.4.c. Adopt resolution authorizing compensation for Vanessa Sutter's absence from a special meeting of the Morgan Hill Unified School District Board of Education held on January 16, 2019 and February 28, 2019.
Rationale:
In accordance with Board Bylaw 9250, Remuneration, Reimbursement and Other
Benefits, a member may be paid for meetings he/she missed when the Board, by resolution, finds that
he/she was performing designated services for the district at the time of the meeting or that he/she was

absent because of illness, jury duty or a hardship deemed acceptable by the Board. The attached resolutions authorizing compensation for Vanessa Sutter's absence from a special meeting of the Board of Education held on January 16, 2019 and February 28, 2019 is submitted for approval in accordance with Board Policy 9250.

 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190402 Trustee Absence V Sutter
190402 Trustee Absence V Sutter2
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Public Hearing: Public hearing and accept the Morgan Hill Unified School District contract reopeners for negotiations with Morgan Hill Federation of Teachers (6:45 PM)
Rationale:
Public Hearing:

California law requires that items to be negotiated be “sunshined,” or brought to light for the public, and that the Board of Education provides an opportunity for public comment before approving the opening of such negotiations.  Attached are the District's interests in the articles to be reopened for negotiations with the Morgan Hill Federation of Teachers.


Following a public hearing, the Board may take action to accept the District openers.
 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190402 District MHFT Openers
J.2. Facilities Master Plan follow up and potential funding initiative (6:55 PM)
Rationale:
On February 28, 2019, Staff held a workshop presenting to the Board a summary of the contents of the District's Facilities Master plan. The Facilities Master Plan process combines the goals of Morgan Hill Unified School District’s Education Specifications (adopted in October 2016) and the information collected by the design team.  This includes combining facility assessments into a comprehensive facilities plan for school sites and support facilities. As a road map, the Facilities Master Plan represents a three to five year strategic plan for creating 21st Century learning environments and modernization of existing schools. As a living document, the Facilities Master Plan must be responsive to external influences and opportunities. The document can be viewed by clicking here or pasting the web address into your browser:

http://mhusd.org/wp-content/uploads/2017/08/MHUSD_FMP_Sept-2017-Reduced-Size.pdf.

In this meeting, the Board provided direction to Staff to further analyze the Facilities Master Plan and provide suggestions on how to further accomplish the facilities projects as outlined within the document.

Staff will present an update to the Facilities Master Plan and provide recommendations on funding options.

 
Financial Impact:
To be determined based on Board of Education direction
Comments:
Submitted by:
Casino Fajardo, Director Construction and Modernization
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190402 Facilities Master Plan Update
J.3. Approve New Course Outlines (7:05 PM)
Rationale:

New courses are developed and submitted for consideration to add to the course inventory from time to time. Such courses are to respond to student needs and interests or to changes in state frameworks, graduation requirements, or college-career readiness goals. New course concepts may originate in various stakeholder groups, but they are developed and reviewed by teachers through the secondary curriculum council process. That process includes discussion at the site leadership level, review by council members, and a one-week advisory balloting process during which council members are encouraged to seek the input and guidance of their constituents. Courses with favorable recommendations are further reviewed by Educational Services to prepare a recommendation to the Governing Board.

Two new courses are before the Governing Board for consideration as follows. 

 1.  Advanced Video Production, a CTE course developed by William Row of Live Oak High School. This course was reviewed by the Secondary Curriculum Council with 95.7% approval as submitted and 4.3% approve with edit. 

The suggested edit was to remove references to Live Oak High School so as to allow the course to be offered at any high school in the future. The edit was made as suggested and the outline is recommended by Educational Services for approval as attached


2.   PE/Marching Band, a year-long class offering 5 credits in each Visual and Performing Arts and Physical Education developed by Jason Locsin of Live Oak High School and Greg Chambers of Ann Sobrato High School. The course was reviewed by the Secondary Curriculum Council with a 73.9% approve as submitted and a 26.1% approve with edit or opposing the course concept.  

Suggested edits included ensuring that all PE standards are covered in the outline as required by the framework. Objections were registered to the concept of the course overall as well as access for all students rather than limited to band students. 

Educational Services has conducted a review of the course outline in terms of adherence to the California State Physical Education Framework as well as similarity in scope and detail to our existing Physical Education year-two course. The framework requires that the overall physical education program offer instruction in eight essential areas. There are no requirements that any specific area is covered in any given year or course, only that students have the opportunity to access these areas during grades 9-12. Of these eight areas that are not addressed in grade 9 PE which all students take, the PE/Marching Band course outline does not address tumbling, gymnastics or combatives; however, these are also not currently addressed in the year two PE class outline. Students currently access these areas by further elective offerings in the physical education department or through various extracurricular activities such as wrestling or cheer to provide a compliant overall program.  As the PE/Marching Band class is in addition to the existing curriculum and is similar in addressing the eight essential components, ESD review considers the course an enhancement to the opportunities available to students rather than detracting from the essential components of the PE program.

This study is prompted by the interest of providing flexibility in a tightening master schedule. PE/Marching Band offers a unique opportunity to study the potential challenges and opportunities of alternatives to traditional physical education instruction.  Music is unique as our two current band instructors will hold Physical Education credentials, band is already offered in the schedule, and students experience a high level of physical activity. 

Educational Services is recommending the approval of the course outline as attached for a period of two years through the 2020-21 school year. During that time, the Physical Education and Music staffs will be encouraged to collaborate to enhance the overall physical education program and to explore opportunities for student access.

 
Financial Impact:
Little or no financial impact. Existing curriculum development resources and professional development funds may be directed toward supporting the collaboration and development of  PE curriculum as needed. Physical Education staffing is sheltered during the two-year period such that students exercising the option to earn PE credit through PE/Marching Band will not result in a reduction of PE staff.
Comments:
Submitted by: 
Glen Webb, Director Curriculum, Instruction, & Assessment
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190402 course outline advanced video production
190402 course outline pe marching band
J.4. New business: future agenda items / recognitions (7:15 PM)
K. PUPIL DISCIPLINE (7:25 PM)
K.1. Recommendation for Expulsion and Rehabilitation Plan for Student E-18/19-007
L. ADJOURNMENT (7:30 PM)
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, April 23, 2019 with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, April 19, 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 29, 2019, 3:27 PM

The resubmit was successful.