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Regular Board Meeting
Morgan Hill USD
June 04, 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 18/19-011
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.3.b. Recommendation for Expulsion and Rehabilitation Plan for Student E 18/19-012
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. 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.10. PUBLIC EMPLOYEE APPOINTMENT (Government Code § 54957) Title: Assistant Superintendent Educational Services
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. Recognize Live Oak High School Nuts and Bolts Robotics Team
Rationale:
The Live Oak Nuts and Bolts Robotics Team started in the Fall of 2017 with the intention of providing students the opportunity to learn and explore robotics and other STEM topics through hands-on activities. That first year a group of students met and entered The Tech Challenge held at The Tech Museum in San Jose.

In the Fall of 2018 the team joined the FIRSTTM  (“For Inspiration and Recognition of Science and Technology”) program. In this program, students are given a challenge in which they must brainstorm an end product, design mechanical parts including the necessary electrical systems and computer code.  The students also learn business skills including scheduling, budgeting, inventory control, purchasing, etc.  Along with all this, the team is rewarded for completing Community Outreach to encourage other MHUSD students to become involved in STEM activities.

Through the expert guidance of volunteer mentors Annette Lane and Brent Taira, the team won the Rookie All Star Award at the Monterey Bay Regionals which included the invitation to compete in the FIRST World Championships in Houston. In April, a team of ten students spent four days in Houston competing with their robot against teams from around the world. It was an exceptional experience with profound lessons in collaboration while dealing with time constraints and high stress.

The Live Oak Nuts and Bolts Robotics Team encourages innovation and fosters well-rounded life skills including self-confidence, communication, and leadership. We look forward to sharing our experience to advance the growth of STEM studies throughout all of Morgan Hill Unified School District.

 
Comments:
Submitted by:
Steve Betando, Superintendent
D.2. MHCEA Student Scholarship Recognition
Rationale:
Morgan Hill Classified Employee Association (MHCEA) is proud to be offering four scholarships to graduating seniors this year.  MHCEA offered scholarship opportunities to graduating seniors from Central High School, Live Oak High School, Ann Sobrato High School, and high schools outside MHUSD.  To qualify for the scholarship, the senior applicant must be the child of a MHCEA member. Interested seniors were asked to complete a short and easy application in order to be considered. The scholarships are for the college or trade school of their choice.

MHCEA will present the scholarship to the selected students.

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
E. ADOPTION OF AGENDA (6:30 PM)
F. APPROVAL OF CONSENT CALENDAR (6:33 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 (6:45 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 (6:55 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 fiscal year 2019-20 expenditure plan for Education Protection Account (Proposition 55 funds)
Rationale:
Proposition 30, The Schools and Local Public Safety Protection Act of 2012, temporarily increased the State’s sales tax rate and the personal income tax rates for upper-income taxpayers through 2018-19. Proposition 55,Tax Extension to Fund Education and Healthcare, passed in November 2016 extends by an additional 12 years (through 2030) the temporary personal income tax increases enacted in 2012. The passage of Proposition 30 and Proposition 55 did not provide additional revenues to schools; however, it did prevent any mid-year cuts to education funding that would have otherwise occurred. 

The funds received from these tax measures are deposited into the Education Protection Account (EPA) and there are several accountability measures on these funds including:

  • Requires school governing boards to make spending determinations at an open session of a public meeting
  • Prohibits funds from being used for administrative costs
  • Requires districts to annually publish accounting of funds on its website
  • Inclusion of Proposition 30 and Proposition 55 revenues and expenditures in annual financial audits

For Fiscal Year 2019-20, it is estimated the District will receive $1,582,158 in funding as a result of the passage of Proposition 55.  Staff recommends that the Board approve the attached allocations.

 
Financial Impact:
Estimated revenue of $1,582,158 for 2019-20
Comments:
Submitted by: 
Victoria Knutson, Director Fiscal Services 
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190604 2019-20 Expenditure Plan
I.1.b. Approve participation in purchasing consortiums
Rationale:
Pursuant to Government Code 6500 et seq. and Public Contract Code Section 20118, the District is allowed to “piggyback” on any public agency bid and participate in state and national purchasing cooperatives. The District actively participates in several cooperative purchasing programs to obtain effective and low-cost products and services. The combined volume of partners in the cooperative creates significant discounts. In addition, participating in cooperative purchasing programs increases efficiency by reducing time spent to source, award and administer contracts.

The District has determined that participation in the following cooperative purchasing programs is essential to ensure the District receives the lowest price while using Staff’s time efficiently:

  • California Multiple Award Schedules (CMAS)
  • CalSAVE (Statewide Program of the Monterey County Office of Education)
  • General Services Administration (GSA)
  • National Association of State Procurement Officials (NASPO)
  • National Joint Powers Alliance (NJPA)
  • Pennsylvania Education Purchasing Program for Microcomputers (PEPPM)
  • School Employers Association of California (SEAC)
  • School Project for Utility Rate Reduction (SPURR)
  • The Cooperative Purchasing Network (TCPN)
  • U.S. Communities
  • Western States Contracting Alliance (WCSA-NASPO – Subsidiary Entity)
 
Comments:
Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Assistant Superintendent Business Services
I.1.c. Approve delegation of authority to award contract for the solar structural and electrical repair for Sobrato High School parking lot solar arrays
Rationale:
In an effort to expedite the award of contract for the solar structural and electrical repairs for the parking lot solar arrays for Sobrato High School, Staff requests that the Board of Education delegate authority to the Superintendent or his designee to award a contract per Education Code 17604 and be ratified after the bid is received at a following Board meeting.

Staff will solicit bids from our Uniform Public Construction Cost Account Act (CUPCCAA) list that allows the District to informally bid between $60,000 to $200,000 for construction, repairs and maintenance services. Should the informal bids be less than $200,000 per trade, Staff will award the bids and bring the contract for ratification at a subsequent meeting. The District will be purchasing 20 new panels to replace those damaged directly from the manufacturer and contracting Engie Services to perform the panel wiring in order to guarantee the original warranty.

 
Financial Impact:
The damage will be submitted to the District's property insurance carrier for reimbursement
Comments:
Submitted by:
Anessa Espinosa, Director Facilities
Kirsten Perez, Assistant Superintendent Business Services
I.1.d. Ratify additional services change orders with Quattrocchi-Kwok Architects for Britton Middle School Project
Rationale:
On June 5, 2018, the Board of Education approved the agreement with Quattrocchi-Kwok Architects ("QKA") to provide design services for the Britton Middle School Transformation Project.

In the design development process, Staff and the design team identified an opportunity to modify the layout of the restrooms in the science buildings in order to provide more distributed access and enhanced supervision. Additionally, as part of the total campus submittal to the US Green Building Council, testing and data documentation will be required in order to certify the buildings

Staff has reviewed these additional services costs for compliance and recommends to increase the contract amount to QKA for the total change order price of $60,970.

This cost is already encumbered within the current budget amounts and would be funded out of Measure G Bond Proceeds.

 
Financial Impact:
$60,970 to be funded out of Series B, Measure G bond proceeds
Comments:
Submitted by:
Casino Fajardo, Director Construction and Modernization
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190604 MHUSD-QKA_Britton Science_ASR1
190604 MHUSD-QKA_Britton Science_ASR2
I.1.e. Approve agreement with Michael's Transportation Services
Rationale:
School bus drivers are an essential part of the education system as they safely and efficiently transport students to and from their home and school. Currently, there is a school bus driver shortage in the Morgan Hill Unified School District's Transportation Department. Staff recommends entering into an agreement with a third-party transportation company in order to provide drivers temporarily as needed for the 2019-2020 school year. 

The Transportation Department is actively recruiting to fill open position and will be holding a licensing class as we get enough applicants in order to fill the open positions. In addition, a new job classification has been opened for a driver position that will not need an additional certification to transport students using District vans and SUVs. This new job classification is the entry point for a career pathway that leads to the candidate obtaining a school bus license.   

Staff recommends approving the agreement with Michael's Transportation.

 
Financial Impact:
Estimated $150,000 from the Unrestricted General Fund. Actual costs will be determined by the number of drivers needed which will fluctuate throughout the year.
Comments:
Submitted by:
Kathleen Rael, Director Transportation
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190604 Michael's Transportation Agreement
I.2. EDUCATIONAL SERVICES
I.2.a. Annual Program Self-Evaluation Report for California State Preschool Program CSPP-8570
Rationale:
The attached Program Self-Evaluation report for the 2018-19 school year fulfills a requirement of the California Department of Education, Child Development Division, for California State Preschool Programs.  Morgan Hill Unified School District has 3 classrooms of preschool children – one each at P.A. Walsh, Nordstrom  and El Toro elementary schools.  These programs serve eligible preschool aged children in the community based on family income requirements.

The contract for this program was approved by the Board on June 19, 2018.  The Self-Evaluation is presented to the Board this evening, as required, for information only.
 
Financial Impact:
None
Comments:
Submitted by:
Dr. Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190604 preschool program self evaluation
I.2.b. Approve Grades 6-12 Supplemental Reading List
Rationale:
Educational Services staff is recommending the approval of the grades 6-12 supplemental fiction reading list. The reading list has been endorsed by the secondary curriculum council and has been vetted through public review and comment as described at the May 21 meeting.
 
Financial Impact:
None
Comments:
Submitted by:
Glen Webb, Director Curriculum, Instruction & Assessment
Dr.Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190604 Grades 6-12 Novel List
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 of Human Resources
Attachments:
190604 Personnel Order
I.3.b. Approve Job Description for Student Support Specialist Lead
Rationale:
The District is recommending the approval of a new classified position of Student Support Specialist Lead. As part of the CARE (Coordinated Advocacy for Resources and Education) team under the leadership of the Coordinator of Student Support Services, the Student Support Specialist Lead will provide direction in the workflow of the team to support and assist students who are experiencing homelessness, who are in the foster care system, or who otherwise demonstrate an elevated risk of dropping out of school.

The job description and the position’s placement on the classified salary schedule at range 51 was reviewed with MHCEA local leadership and approved by the Personnel Commission.

Staff recommends that the Board of Education approve the attached job description Student Support Specialist Lead.

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent of Human Resources
Attachments:
190604 Student Support Specialist Lead
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from the Regular Board meeting of May 21, 2019
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190604 May 21, 2019 Meeting Minutes
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Public Hearing: Local Control Accountability Plan (7:25 PM)
Rationale:
Conduct a public hearing and preview of the Local Control Accountability Plan for the 2019-20 school year. 
 
Financial Impact:
None
Comments:
Submitted by:
Glen Webb, Director Curriculum, Instruction & Assessment
Dr.Ramon Zavala, Assistant Superintendent Educational Services
J.2. Public Hearing: 2019-20 Budget Adoption (7:27 PM)
Rationale:
Public Hearing:

As required by Education Code section 42103, 42127, and 52062, the Governing Board of the Morgan Hill Unified School District will hold a public hearing to solicit public comment on the 2019-20 proposed budget of the District, prior to final adoption. 

The proposed budget was available for public inspection at the District Office beginning May 30, 2019 during regular office hours.  Final action to approve the 2019-20 budget will be taken at the June 18, 2019 Board of Education meeting.

 
Comments:
Submitted by: 
Victoria Knutson, Director Fiscal Services 
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190604 2019-20 Adopted Budget - All SACS funds
190604 Detailed Fund Summary Adopted Budget 2019-20
J.3. Public Hearing: Disclosure of District reserves and reasons (7:30 PM)
Rationale:
Public Hearing:

In accordance with SB 858 and Education Code 42127, school districts are required to include the following information for review and discussion with their adopted and revised budgets:

  • The minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget.
  • The combined assigned and unassigned ending fund balances that are in excess of the minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget, pursuant to Education Code Section 33128(a).  The fund balances included are Fund 01, General Fund, and Fund 17, Special Reserve Fund for Other Than Capital Outlay Projects.
  • A statement of reasons that substantiates the need for an assigned and unassigned ending fund balance in excess of the minimum recommended reserve for economic uncertainties for each fiscal year.

Beginning in 2015-16, school districts must include this information each time it files an adopted or revised budget with the County Superintendent of Schools. The County Superintendent of Schools shall determine whether a school district’s adopted or revised budget complied with these requirements.

SB 858 also includes provisions for reserve caps or limits if four State revenue conditions are met. For 2019-20, it is anticipated that three of the four conditions will be met. As amended by Senate Bill (SB) 751 in September 2017, the reserve limit only applies in a fiscal year immediately following a fiscal year in which the State makes a deposit of at least three percent (3%) of the Proposition 98 funding into the State’s Public School System Stabilization Account (the reserve that was created by Proposition 2).  A district with an ADA of 400,000 or less would be limited to a combined assigned or unassigned ending balance of ten percent (10%) in the General Fund and Special Reserve Fund for Other Than Capital Outlay. The County Superintendent of Schools may grant an exemption of this requirement for up to two consecutive fiscal years within a three year period to any district that documents extraordinary fiscal circumstances that substantiate the need for a reserve in excess of the limit.

In March 2019, the California Department of Education released the 2017-18 Unaudited Actual reports which allow for the calculation of the average reserve levels by district type – for unified school districts the average General Fund plus Special Reserve for Other Than Capital Outlay Projects is 16.98%. This is remarkably close to the 17% minimum (2 months of payroll) recommended reserves for local governments by the Governmental Finance Officers Association.

 
Comments:
Submitted by: 
Victoria Knutson, Director Fiscal Services 
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190604 Statement of Reasons for Excess Reserves 2019-20
J.4. School Plans for Student Achievement (7:32 PM)
Rationale:
Educational Services will provide a brief overview of the school plan and its role in the evolving accountability system. Principals will provide a highlight from their school plans to accompany their submission of the plans to the Governing Board for review.
 
Financial Impact:
$2,715,452
Comments:
Submitted by:
Glen Webb, Director Curriculum, Instruction & Assessment
Dr.Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190604 Barrett SPSA
190604 Britton SPSA
190604 Central SPSA
190604 El Toro SPSA
190604 Jackson SPSA
190604 Live Oak SPSA
190604 Los Paseos SPSA
190604 Martin Murphy SPSA
190604 Nordstrom SPSA
190604 PA Walsh SPSA
190604 Paradise Valley SPSA
190604 San Martin Gwinn SPSA
190604 Sobrato SPSA
J.5. Equity Item: Local Control Accountability Plan Overview (7:55 PM)
Rationale:
The Director of Curriculum, Instruction and Assessment will provide an overview of the Local Control Accountability Plan, year 3 for 2019-20. The presentation will highlight revisions to the plan; initial infographic, the Federal LCAP Addendum, Budget Summary for Parents, Local Metrics as they will be reported on the State Dashboard next Fall; a summary of the Comprehensive Support and Improvement plans to focus on chronic absenteeism and what is new to the state's accountability system.
 
Financial Impact:
Grant
Comments:
Submitted by:
Glen Webb, Director Curriculum, Instruction & Assessment
Dr.Ramon Zavala, Assistant Superintendent Educational Services
Attachments:
190604 LCAP Addendum 2019
190604 LCAP Budget Overview for Parents
190604 LCAP Preview Presentation
190604 Morgan Hill Unified School District LCAP 2019-20
J.6. Proposed 2019-20 Adopted Budget for the unrestricted and restricted General Funds as reported in the Standardized Account Code Structure (SACS) report (8:40 PM)
Rationale:
The proposed Adopted Budget for the Unrestricted and Restricted General Fund is being presented for review and discussion.  The budget is based on the Governor’s May budget proposal.  Attached is a narrative describing the major revenue and expenditure assumptions and a spreadsheet summarizing the budgeted amounts.  

The Adopted Budget will be presented for final approval at the June 18, 2019 Board meeting.

 
Financial Impact:
Proposed budget for the Unrestricted and Restricted General Funds as reported in the SACS report
Comments:
Submitted by: 
Victoria Knutson, Director Fiscal Services 
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190604 Adopted Budget 2019-20 Presentation
190604 Detailed Fund Summary Adopted Budget 2019-20
190604 Form 01
190604 General Fund Adopted Budget Narrative
190604 General Fund Charts
J.7. Adopt Resolution to Reduce a Classified Position Due to Lack of Work (9:00 PM)Was edited within 72 hours of the Meeting
Rationale:
Action

The Governing Board of the Morgan Hill Unified School District must act upon the resolution to eliminate a classified position due to lack of work 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 lay-off.

Morgan Hill Unified School District has identified a classified position that shall be discontinued from the school district budget for the 2019-2020 school year. 

The classified position of Groundskeeper/MOTT Rotary Mower Operator is no longer needed in the District.  In the past, operating the MOTT lawn mowing machine required special training due to the complexity of the machine.  The District created this job classification at three ranges higher in pay in order to maintain a trained MOTT mower as part of the groundskeeping crew.  Recently, however, the MOTT mower is not used frequently and will soon be removed from the fleet of machines. The MOTT mower operates on a diesel engine and will be retired due to not meeting emissions guidelines. The District, however, owns other lawn mowing machines that can be safely operated by all Groundskeepers with appropriate training. Equipment is refreshed and updated periodically, and all Groundskeepers receive training on the safe and appropriate use of all equipment.   Instead of one specific job classification to be in charge of all lawn mowing across the District, it is more efficient for all Groundskeepers to be able to take on lawn mowing duties at the sites. Since all Groundskeepers have equivalent duties, it is unfair to have one employee at a higher range of pay completing a narrow scope of duties. Eliminating the position of Groundskeeper/MOTT Rotary Mower Operator and instead having an entire crew of Groundskeepers trained to use various types of equipment increases efficiency.

The District has one incumbent Groundskeeper/MOTT Rotary Mower Operator who will be given the 60 day layoff notice.  The affected employee, as part of the 60 day layoff process, will be offered a position as Groundskeeper in the District.

 
Financial Impact:
Reduction in range of pay for one FTE, including statutory benefits, of approximately $5400
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
J.8. New business: future agenda items / recognitions (9:05 PM)
K. PUPIL DISCIPLINE (9:15 PM)
K.1. Approve Recommendation for Expulsion and Rehabilitation Plan for Student E 18/19-011
K.2. Approve Recommendation for Expulsion and Rehabilitation Plan for Student E 18/19-012
L. ADJOURNMENT (9:20 PM)
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, June 18, 2019 with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, June 14, 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 31, 2019, 11:46 AM

The resubmit was successful.