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Regular Board Meeting
Morgan Hill USD
May 07, 2019 6:00PM
MHUSD Board Room and the following teleconference location: Trustee Gittens: 201 West 79th Street, New York, NY 10024 - 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.6.e. EL 18/19-008 vs Morgan Hill Unified School District et al Case No. 19CV345561
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.9.a. Employee Dismissal- Employee Case #2018/19-003
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 (6:03 PM)
D. ADOPTION OF AGENDA (6:05 PM)
E. PRESENTATIONS AND RECOGNITIONS
E.1. Equity item: Britton Middle School Science and Technology (6:07 PM)
Rationale:
Britton Middle School is honored to work in collaboration with and be part of the STEM Pathways Tech Academy. Over the course of the year, students at Britton have benefited from this partnership in many ways. We offer several Stem Pathways after-school clubs for students across all three of our grade levels. Over the course of the year, all students have benefited from hands-on, design thinking projects where students have been asked to put their engineering skills to use.  We are very proud to say that we have had groups of students both in our 8th grade Science and for the San Jose Tech Museum Tech Challenge go on to win awards. We are looking forward to providing you more information about these programs and allow the students to share their experiences with you.
 
Comments:
Submitted by:
Nanette Donohue, Principal Britton Middle School
Dr. Ramon Zavala, Assistant Superintendent Educational Services
E.2. Recognize the 2019 Morgan Hill Federation of Teachers Peer-Nominated Teachers of the Year for Each School Site (6:17 PM)
Rationale:

Annually, peers at each school site nominate one of their colleagues as their site's Teacher of the Year. Below are the teachers nominated this spring from each school site. Congratulations on their dedication to students and for receiving peer recognition!

Barrett: Christina Deharo

Britton: Tanner Ziegeleman

Central: Brian Paulson

El Toro: Jennifer Niemann

JAMM: Laurie Gallegos

Live Oak: C.J. Goularte

Los Paseos: Nancy Friday

Martin Murphy: Rosemary Thompson

Nordstrom: Angie Bellino

Paradise Valley: Sally Pollard

Walsh: Sandy Hillesland

San Martin/Gwinn: Courtney Woodward

Teacher on Special Assignment - Non-Site Based : Cathy Moss

Sobrato: Jeanie Wallace & MHFT Teacher of the Year from Sobrato: Jeanie Wallace

 
Attachments:
190507 MHFT Peer Nominated Teacher of the Year
F. APPROVAL OF CONSENT CALENDAR (6:27 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.

 
G. PUBLIC COMMENT / COMMUNICATIONS (6:30 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 (6:40 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 March 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 March 2019.

 
Comments:
Submitted by:
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190507 Monthly Contracts
I.1.b. Adopt resolution to accept donations made to the Morgan Hill Unified School District
Rationale:
The following is a donation resolution to accept donations made to the Morgan Hill Unified School District Schools.
 
Financial Impact:
Cash donations will be added to the 2018-19 budget of each site
Comments:
Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190507 Accept Donations
I.1.c. Adopt resolution to accept increases to budgets as a result of donations and make changes between funds as needed
Rationale:
Cash donations and other types of donations have been listed on the attached resolution. The following is a donation action resolution to increase budgets as a result of cash donations and make changes between funds as needed.
 
Financial Impact:
Cash donations were included in the 2018-19 budget of each site
Comments:
Submitted by: 
Victoria Knutson, Director Fiscal Services 
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190507 Accept Increases
I.1.d. Adopt resolution authorizing signing authority for the District
Rationale:

The Board of Education may delegate the authority to sign contracts and orders for payroll and vendor warrants. A copy of this resolution along with verified signatures of the individuals authorized to sign must be filed with the County Superintendent of Schools in accordance with Education Code 42633. This resolution restates and confirms the authority previously approved by the Board on May 1, 2018.

Position

Accounts Payable

Payroll

Contracts

Superintendent

X

X

X

Assistant Superintendent Business Services

X

X

X

Assistant Superintendent Human Resources

X

Assistant Superintendent Educational Services

X

Director Fiscal Services

X

X

X

Supervisor Fiscal Services

X

X



 
Comments:
Submitted by:
Raissa Cachola, Supervisor Fiscal Services
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190507 Signing Authority RESO
190507 Signing Authority RESO-signature page
I.1.e. Approve memorandum of understanding with Morgan Hill Police Department for emergency situation access to District security cameras
Rationale:

In an effort to improve law enforcement and fire safety personnel response to emergencies at District schools or facilities, Staff collaborated with the Morgan Hill Police Department (MHPD) to reach an agreement that would provide real-time video access to the District's surveillance cameras when active circumstances at a District school or facility present an immediate need for law enforcement or fire safety personnel to respond. MHPD will have the ability to view live video feeds of District's facilities using the District's surveillance system in response to an emergency situation, alarm call, or suspected criminal activity.  Staff recommends approval of this memorandum of understanding. 

 
Financial Impact:

MHPD pays for the subscription costs of PubliCam

Comments:
Submitted by:
Kirsten Perez, Assistant Superintendent Business Services
Steve Betando, Superintendent
Attachments:
190507 MHPD Agreement for Security Cameras
I.2. 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:
190507 Personnel Order
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from the Regular Board meeting of April 23, 2019
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190423 Agenda Minutes
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Adopt TWIG Science as the K-5 science program (6:50 PM)
Rationale:
The Elementary Curriculum Council and Educational Services Division are recommending the adoption of TWIG science as the K-5 Next Generation Science Standards program. The program has the unanimous support of the Curriculum Council representatives and has undergone a deep vetting process. Teacher on Special Assignment Julia Cook and program pilot teachers will summarize the adoption process and program highlights for the Governing Board. 
 
Financial Impact:

$654,711.61 covers the eight year adoption and is budgeted in the Instructional Materials fund for the 2019-20 year

Comments:
Submitted by:
Glen Webb, Director Curriculum, Instruction, and Assessment
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190507 TWIG Science Adoption Presentation
J.2. Update on the safety programs and measures (7:00 PM)
Rationale:

Safety is a priority in the District. Per Board Policy 0450, "The Governing Board recognizes that students and staff have the right to a safe and secure campus where they are free from physical and psychological harm. The Board is fully committed to maximizing school safety and to creating a positive learning environment."

This information item provides an overview from Human Resources, Educational Services, and Business Services regarding the District's safety programs and measures currently in place or in progress.

 
Comments:

Presented by:
Fawn Myers, Assistant Superintendent Human Resources
Kirsten Perez, Assistant Superintendent Business Services
Dr. Ramon Zavala, Assistant Superintendent Educational Services

Attachments:
190507 Update on Safety Programs and Measure
J.3. Resolution adopting the decision of the Administrative Law Judge and to issue final certificated layoff notice (7:30 PM)
Rationale:

Annually, the District may have the need to layoff certificated employees as a result of the reduction or discontinuance of particular kinds of services or “PKS”.  When the District has the need to reduce or discontinue services, certificated employees must receive proper notification per guidelines established in Education Code sections 44955 and 44949.

Working with enrollment projections, students' course requests, and staffing allocations, in collaboration with site administrators and aligned with the statutes above, the District identified the particular kinds of services that needed to be reduced for the 2019-2020 school year and completed the following actions:

1. Issued a seniority list to be reviewed by all certificated employees (January 2019)

2. Board adopted the certificated seniority list (February 5, 2019)

3. Board adopted a resolution regarding criteria for determining order of seniority for those employees with the same date of first paid probationary service (February 5, 2019)

4. Board adopted a resolution to decrease the number of certificated employees due to a reduction in particular kinds of services by a total of 2.0 FTE:  1.0 FTE in Information Technology and 1.0 FTE in Early Childhood Education Specialist (March 5, 2019)

5. Per Education Code 44955, assignments and reassignments must be made in such a manner that employees shall be retained to render any service which their seniority and qualifications entitle them to render. In order to attempt to reassign affected certificated employees, Human Resources notified Morgan Hill Federation of Teachers of the decision to reduce particular kinds of service and met with the president to review the seniority list, the affected employees, and to identify possible alternate assignments within the District for which the employees might be qualified to hold (February and March 2019)

6. The affected least senior certificated employees in positions affected by the reduction of particular kinds of service were notified via personal delivery that services within their primary credential area would be reduced, affecting their position in the District for 2019-20  (March 8, 2019)

7. After receiving the layoff notice, each affected certificated employee was able to request a hearing or continue to work with Human Resources to identify an alternate assignment within the District for the upcoming year. One certificated employee accepted an alternate assignment for the 2019-20 school year for which his credential qualifies.  The other certificated employee stated she was not interested in reviewing a possible reassignment and requested a hearing before an Administrative Law Judge.  The hearing was held on April 23, 2019, to review all the steps outlined above and to determine whether the District appropriately notified the affected employee.

8.  The role of the Administrative Law Judge who conducted the layoff hearing is to determine if the District properly identified the affected employee on the seniority list and if the employee was given appropriate notice. Per Education Code 44949, the decision shall be submitted to the governing board and to the employee on or before May 7. The Administrative Law judge shall prepare a decision, containing findings of fact and a determination. The proposed decision shall be prepared for the governing board. However, the governing board shall make the final determination.

10. Upon receiving the judge’s decision, the Board of Education must then act to adopt the decision of the Administrative Law Judge and to authorize the issuance of the final certificated layoff notice.

11. No later than by May 15, 2019, the affected certificated employee will be Issued the final layoff notice as the last step of the layoff process.

12. As the District continues to evaluate student enrollment and related staffing needs, should the District determine a need to reinstate the particular kinds of service at any time over the next 39 months, the certificated employee affected by the layoff would be offered the position first and prior to the District posting a vacancy.  

 
Financial Impact:

Included in projected staffing allocations for 2019-20

Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
190507 Resolution to Adopt ALJ Decision
J.4. New business: future agenda items / recognitions (7:40 PM)
K. PUPIL DISCIPLINE (7:50 PM)
L. ADJOURNMENT (8:00 PM)
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, May 21, 2019 with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, May 17, 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: May 3, 2019, 2:28 PM

The resubmit was successful.