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Regular Board Meeting
Morgan Hill USD
April 23, 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 18/19-008
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
A.6.a. OAH Case No. 2019021070; EL 18/19-007
A.6.b. EL 18/19-008 vs Morgan Hill Unified School District et al Case No. 19CV345561
A.6.c. A Voice for Choice Advocacy, Inc., v. Morgan Hill Unified School District, et.al, Case No. 17CV316128
A.6.d. Santa Clara Superior Court Case No. 17CV319128; EL 17/18-001
A.6.e. Jane Doe 1 et al vs South Valley Dance Arts et al, Case No. 18CV340012
A.6.f. 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.10.a. P.A. Walsh STEAM Academy Principal
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 (6:03 PM)
D. RECOGNITIONS / PRESENTATIONS (6:05 PM)
D.1. Equity Item: Inclusion at Los Paseos--All Kids are Our Kids
Rationale:
Los Paseos Elementary School will highlight how their Special Education and General Education teachers work together to educate students using the MTSS framework.
 
Financial Impact:
None
Comments:
Submitted by:
Debbie Stewart, Principal Los Paseos Elementary 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. Approve declaration of obsolete and sale of surplus equipment
Rationale:
In September 2018, the Transportation Department purchased several used buses from Student Transportation of America Inc. Now that these buses have been placed into service, the Transportation Department desires to surplus its older fleet.

In accordance with Education Code 17545 and Morgan Hill Unified School District Board Policy/Administrative Regulation 3270, Staff requests Board approval to dispose of the following equipment which has been declared obsolete by the Transportation Department.

Equipment                                      License Number / Vin Number                       Estimated Value

1993 Ford Econo 350 (BUS 48)             E372741/ 1FDJE37MOPHA41610                          $400.00

1993 Ford  Super Bantam (BUS 52)       E294468/ 1FDJE37M8PHB65186                          $400.00

1997 Ford Econoline (BUS 41)               1216869/ 1FDJE37F0VHB76438                         $400.00

1996 Ford Econoline (BUS 54)               E036734/ 1FDJE37FXTHB00822                           $400.00

1998 Ford  (BUS 5)                                 E624059/ 1FDSE37F8WHA42444                          $400.00

1994 Ford Collins (Bus 2)                       E006410/ 1FDJE37M3RHA62017                           $400.00

1998 Ford (Bus 27)                                 E988398/ 1FDSE37F4WHA42442                          $400.00

1998 Ford (Bus 28)                                 E988399/ 1FDSE37F6WHA42443                          $400.00

 
Financial Impact:
Estimated $3,200.00 from vehicle sales deposited into Transportation Fund
Comments:
Submitted by:
Kathleen Rael, Director Transportation
Kirsten Perez, Assistant Superintendent Business Services
I.1.b. Approve the renewal lease agreement with Child Development Center for the use of a district owned portable at Walsh Elementary School
Rationale:
Pursuant to Education Code 38131(b) and Board Policy 1330, the Governing Board may grant the use of school facilities or grounds for public use as long as they don’t impact educational programs at the site. 

Staff is requested the approval of the renewal lease agreement for Child Development Center for the use of Walsh District owned portable. 

The organization is responsible for contracting all refuge, phone, data, cable TV and internet services directly with the service providers.

 
Financial Impact:
Revenue generated from the lease agreement is deposited into the general fund
Comments:
Submitted by:
Anessa Espinosa, Director Facilities
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190423 CDC Lease Walsh 19-20 district owned
I.2. EDUCATIONAL SERVICES
I.2.a. Approve travel for three students to attend the National History Day State Competition in Rocklin, California leaving Friday, May 10, 2019 and returning Saturday, May 11, 2019
Rationale:
Three students request permission to attend the National History Day State Competition in Rocklin, California leaving Friday, May 10th and returning Saturday, May 11th.

These students will be competing against students from around California who have also been selected for the state level competition for National History Day.  

The students will be chaperoned by their parents and one Murphy history teacher.  Transportation will be by private vehicle.  The families will book and pay for travel and lodging costs.  Martin Murphy will be paying for the competition registration fees. Fundraising opportunities and scholarships are available to students who need it.

We are requesting an exception to the board policy requiring 60 days prior authorization as this opportunity for the students just arose.
 
Financial Impact:
$285 in registration fees from site LCFF funds
Comments:
Submitted by:
Alex Aasen, Principal Martin Murphy Middle School
Dr. Ramon Zavala, Assistant Superintendent Educational Services
I.2.b. Approve travel for 39 Martin Murphy Middle School Band students to Southern California to visit University of California Irvine and University of California Los Angeles campuses and Disney Recording Studio
Rationale:
The Martin Murphy Middle School Band requests permission to travel to Disneyland leaving Thursday, May 2, 2019 and returning on Saturday, May 4, 2019.  Departure will be by bus at approximately 6:00 a.m. on May 2, 2019 and return on May 4, 2019 at approximately 5:00 p.m.   The mode of transportation will be charter buses for the 39 students and 6 adult chaperones.

The students will participate in rehearsals, lectures, professional clinics, and performances while at Disneyland.  They will also enjoy some chaperoned free time. The students will also visit the University of California Irvine and University of California Los Angeles where they will have an instructional clinic by a UC music professor as well as a campus tour.  These activities are aligned with California State Music Standards, 1.1, 1.2, 1.4, 1.5, 2.3, 3.1, 3.3, 3.4, 3.5, 4.1, 5.1, 5.2, and 5.3.  The trip will be led by Martin Murphy Band Director Greg Chambers who offers this description:

“The main goal of this trip is to expose the students to both the collegiate and professional environments to inspire them to become both college students and professionals.  Many students are told from a young age that they should go to college.  Most of them have never been to a major university campus.  This will open their eyes to what college can be and inspire them to become college students. They will also experience a professional live recording studio in back stage Disneyland.  The student will experience professionalism first hand in a fun environment while recording the soundtracks to some of their favorite Disney cartoons.”

Charter Bus service will be through Lux Bus America, San Jose
39 students, 6 adult chaperones, 2 night hotel accommodations
Hotel will be Desert Palms Inn & Suites, 631 West Katella Avenue, Anaheim, CA 92802, 714-399-0167
The cost for this trip is borne by the Sobrato Music Association.

We ask for an exception to the 60 days prior board approval as it was believed that the request for travel approval had already been submitted.

Participation in this trip is contingent upon the completion of all requisite permission forms and releases.  Scholarships are available on an as needed basis.

 
Financial Impact:
None
Comments:
Submitted by:
Alex Aasen, Principal Martin Murphy Middle 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:
190423 Personnel Order
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from the Regular Board meeting of April 2, 2019
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190423 April 2, 2019 Meeting Minutes
I.4.b. Adopt resolution authorizing compensation for John Horner's absence from a regular meeting of the Morgan Hill Unified School District Board of Education held on April 2, 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 resolution authorizing compensation for John Horner's absence from a regular meeting of the Board of Education held on April 2, 2019 is submitted for approval in accordance with Board Policy 9250.
 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190423 J Horner BOE Absence Reso
I.4.c. 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 April 3, 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:
190423 BB 9322 Agenda Meeting Minutes
190423 BB Censure Policy
190423 BP 0415 Equity
190423 BP 1312.3 Uniform Complaint Procedures
190423 BP 1330 Use of School Facilities
190423 BP 1400 Relations Between Other Governmental Agencies and the Schools
190423 BP 2210 Administrative Discretion Regarding Board Policy
190423 BP 3260 Fees and Charges
190423 BP 3320 Claims and Actions Against the District
190423 BP 3515.4 Recovery of Property Loss and Damage
190423 BP 5141.52 Suicide Prevention
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Public Hearing: Public hearing and accept Morgan Hill Classified Employees Association contract reopeners for negotiations (6:40 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 contract reopeners submitted jointly by Morgan Hill Classified Employees Association and the Morgan Hill Unified School District.

Following a public hearing, the Board may take action to accept the joint contract reopeners.

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190423 MHCEA and MHUSD Join ReOpeners for Negotiations
J.2. Approve Resolution for Environmental Stewardship (6:50 PM)
Rationale:
The District recognizes its obligation to establish best environmental and organizational practices that are conducive to student learning and the health, well-being, and effectiveness of all people within the community at large, and to maintain an atmosphere where students, faculty, and staff can develop the knowledge, skills, and values of environmental protection.

In an effort to  promote environmentally responsible business practices, foster community dialog, enhance regional awareness, advocate for environmental preservation, and otherwise act in consideration of the short and long-term impacts on the environment, the District confirms commitment to environmental stewardship by resolution to support environmental stewardship, conservation, and natural resource sustainability wherever and whenever possible and feasible.

 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190423 Commitment to Environmental Stewardship Resolution
190423 Jimenez Letter of Support_MHUSD Resolution Affirming Commitment to Environmental Stewardship
J.3. Review five year District demographic study (7:00 PM)
Rationale:
School Works, Inc. has prepared an updated demographic study which provides a comprehensive enrollment analysis for the District. The district-wide and school-specific enrollment projections are meant to serve as a planning tool to help with both long and short-term planning. Demographic studies examine the factors that influence school enrollments - namely trends in demographics, birth rates, and housing development. They are also used as a tool to identify certain facility planning requirements such as capacity, utilization of existing facilities, planning for modernization or new construction, and attendance boundary redistricting.

The updated demographic study, which begins in 2018-2019 and projects enrollment through 2024-2025, shows that the District will increase in enrollment each year as compared to 2018-19. Ken Reynolds, President and Brett Merrick, Vice President of School Works, Inc., will present the demographic study to the Board.

 
Financial Impact:


Comments:
Submitted by:
Anessa Espinosa, Director Facilities
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190423 Demographics 2018
J.4. Special Education Update (7:20 PM)
Rationale:
Michael Vogel, Director of Special Education, will provide the board with an update on the status of Special Education within the district including an overview of programs and current trends.
 
Financial Impact:
None
Comments:
Submitted by:
Michael Vogel, Director Special Education
Dr. Ramon Zavala, Assistant Superintendent Educational Services
J.5. Morgan Hill CREATES Strategic Arts Plan (7:50 PM)
Rationale:
Morgan Hill CREATES (Core Reforms Engaging Arts to Educate Students) is our new visual and performing arts master plan. This plan was developed to expand VAPA instruction and opportunities for students to express learning through the arts.  This VAPA strategic plan guides us district-wide to provide equity and access to VAPA instruction for all students, which prepares them for success in institutes of higher education, in careers, and in life. Morgan Hill CREATES calls attention to expanding VAPA programs at the secondary level; but also describes how elementary schools can integrate the arts across all disciplines and encourage student performances. The plan expects and supports more students, including priority target students, to continue to develop their aesthetic skills and appreciation of the arts.
 
Financial Impact:
Continuous funding through LCFF
Comments:
Submitted by:
Heather Nursement, Director Supplemental Programs
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190423 Morgan Hill CREATES Strategic Arts Plan
J.6. Adopt resolution to decrease the hours of classified service due to lack of work (8:00 PM)
Rationale:
Education Code 45308 states that "Classified employees shall be subject to layoff for lack of work or lack of funds. If a classified employee is laid off, the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. Reemployment shall be in order of seniority."

Education Code 45117 states that "When classified employees shall be subject to layoff for lack of work, affected employees shall be given notice of layoff not less than 60 days prior to the effective date of layoff, and informed of their displacement rights, if any, and reemployment rights."

For any proposed reduction in classified staffing, the District works with the Morgan Hill Classified Employees Association regarding the impact to the employee and to evaluate the employee's qualifications for any currently vacant position within the District. During any layoff, the District works to retain effective employees by reassigning them to other positions they have previously held or for which they qualify.

The position that has been identified for reduction is the Migrant Recruiter/Home Liaison. The Migrant Education Program (MEP) is authorized under Title I, Part C, of the Elementary and Secondary Education Act of 1965 (ESEA), and amended by the Every Student Succeeds Act of 2015, and California Education Code (EC) sections 54440-54445.

The District currently employs one full-time recruiter. This position is funded by the Migrant program to identify and recruit families whose children are eligible to receive Migrant Education services. The recruiter assists families with completion of necessary documentation and serves as a resource to the families for all services within the District. 

The Migrant Education Program at the Santa Clara County Office of Education recommends a staffing level of one recruiter per 1000 participating Migrant qualified students.  In 2013, Morgan Hill Unified School District enrolled approximately 1000 students that were identified to receive Migrant Education services.  The number of qualifying families has been declining in recent years. Currently, there are approximately 400 students identified to receive Migrant services.  There are several factors that may contribute to this decline, including the current political climate and the escalating cost of housing.  The Migrant staff who work closely with the families have indicated that some families simply move out of the area. Numerous families, however, have moved to Greenfield where they are able to find housing but the adults continue to work in Morgan Hill. Local growers offer busing from Greenfield to Morgan Hill to work in the agricultural fields.  The children of these families then qualify to receive their services in the district where they live.

Because of the reduction in the number of students in the program, the recommended staffing level indicates the need to reduce to a part-time recruiter instead of a full-time recruiter.  The Migrant program is funded by the number of participating students, so the overall funds available for Migrant Education services have declined. The Migrant staff acknowledges that there is no longer enough work for a full-time recruiter and the program has prioritized spending funds on direct student services such as preschool and after school tutoring.

The Governing Board of the Morgan Hill Unified School District must act upon the resolution to decrease the number of hours due to lack of work or lack of funds in order to meet the California Education Code statutory requirement to serve a layoff notification to the affected employee not later than 60 days prior to the effective date of layoff.

 
Financial Impact:
A reduction of approximately $43,700 in the Migrant budget
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
190423 Classified RIF Reso
J.7. 2019 Delegate Assembly Region 20 Run-Off Election (8:10 PM)
Rationale:
The members of the Delegate Assembly Committee met on March 22 to count and certify the ballots for election to the Delegate Assembly.  A tie for a seat on the DA occurred in Region 20 resulting in the need for a run-off election to be held.

There is one vacancy for the Region 20 run-off election on the Delegate Assembly.  The Board has the opportunity to cast a single vote for no more than one (1) individual (see attached ballot).  Copies of each candidate’s biographical sketch and optional resume, if provided, are attached.  Ballots must be postmarked no later than Tuesday, April 30, 2019.

Following board discussion, the Board may choose one candidate and cast a ballot, which will then be mailed to CSBA.

 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190423 2019 Delegate Assembly Run-Off Election Region 20
J.8. 1st Quarterly Report 2019 on Williams Uniform Complaints, January 1, 2019 – March 31, 2019, for the Morgan Hill Unified School District (8:20 PM)
Rationale:
Senate Bill 550 (December 2004) expanded the Uniform Complaint Procedure required of school districts to include complaints related to insufficient instructional materials, teacher vacancy or misassignment, and emergency or urgent facilities conditions, particularly those that threaten health or safety.

Commencing April 1, 2005, all districts in California are required to submit quarterly reports to their respective County Office of Education regarding Uniform Complaints received in the last quarter and the resolution of the complaint.  The report must also be provided to the district’s governing board at a public meeting.  

Morgan Hill Unified School District’s 1st quarterly report for 2019 is attached.

No complaints were filed in any of the subject areas.
 
Financial Impact:
None
Comments:
Submitted by:
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190423 Williams Uniform Complaint Quarterly Report
J.9. New business: future agenda items / recognitions (8:30 PM)
K. PUPIL DISCIPLINE (8:40 PM)
K.1. Recommendation for Expulsion and Rehabilitation Plan for Student E 18/19-008
L. ADJOURNMENT (8:45 PM)
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, May 7, 2019 with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, May 3, 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: April 18, 2019, 4:46 PM

The resubmit was successful.