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Regular Board Meeting
Morgan Hill USD
August 06, 2019 6:00PM
MHUSD Board Room - Closed Session 4:00 PM

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 readmission of student R 19/20-001
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Glen Webb, Director Curriculum, Instruction and Assessment
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
A.3.b. Recommendation for Expulsion and Rehabilitation Plan for Student E 19/20-001
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Glen Webb, Director Curriculum, Instruction and Assessment
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
A.3.c. Recommendation for Expulsion and Rehabilitation Plan for Student 19/20-002
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Glen Webb, Director Curriculum, Instruction and Assessment
Pilar Vazquez-Vialva, 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 §54956.9Was edited within 72 hours of the Meeting
A.6.a. Jane Doe 1 et al v. South Valley Dance Arts et al, Case No. 18CV340012
A.6.b. A Voice for Choice Advocacy, Inc., v. Morgan Hill Unified School District, et.al, Case No. 17CV316128
A.6.c. Morgan Hill Unified School District; San Jose Unified School District v. Peninsula Sports, Inc.; Does 1 through 50, Inclusive Case No. 18VC336443
A.6.d. Morgan Hill Unified School District v. EL 19/20-001 OAH Case No. 2019050203
A.6.e. EL 17/18-001 v. Morgan Hill Unified School District Case No. 17CV319128
A.6.f. Catherine Rudolph v. Morgan Hill Unified School District Case No. 18CV338592
A.6.g. EL 18/19-008 v. 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 EMPLOYMENT / PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Superintendent
A.11. RECONVENE TO PUBLIC SESSION
B. CALL TO ORDER / PLEDGE OF ALLEGIANCE (6:00 PM)
C. INTRODUCTION OF BOARD MEMBERS AND STAFF (6:03 PM)
D. RECOGNITIONS / PRESENTATIONS (6:05 PM)
D.1. Equity Item: CALSOAP Presentation
Rationale:
Heather Nursement will provide an update on Cal-SOAP services in MHUSD.

South County Cal-SOAP was established in October 2003.  The district has successfully partnered with Cal-SOAP over the years to provide a variety of college and financial aid resources and advising to students and families in MHUSD.  This will be the third year that a Cal-SOAP hub will be available to families and students of all grade levels at Live Oak High School.  Additionally, programs like I'm Going to College for 5th graders and parent education nights such as Cash for College, have proven to continue to be effective in supporting all students and families in their journey to college and career.  Heather Nursement will update the Board on current program services, budget and goals.
 
Comments:
Submitted by:
Heather Nursement, Director Supplemental Programs
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
E. ADOPTION OF AGENDA (6:20 PM)
F. APPROVAL OF CONSENT CALENDAR (6:22 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 (6:24 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. Reports: Superintendent / Staff
H.3. Reports: Board Members
H.4. Reports: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association
H.5. Calendar: Upcoming events
I. CONSENT ITEMS
I.1. BUSINESS SERVICES
I.1.a. Approval of Request for Allowance of Attendance because of Emergency Conditions Form J-13A
Rationale:
Section 4632 of the Education Code provides for the crediting of ADA "whenever the average daily attendance of any school district, county office of education, regional occupational center or program has been decreased because of fire, flood, impassable roads, or when one or more schools were kept open but experienced a material decrease in attendance because of special circumstances."

Nordstrom Elementary School experienced a decrease in attendance on June 4, 2019 due to a suspected outbreak of Norvovirus. The school communicated to their families that several staff and students were sent home with symptoms as well as the measures taken to keep remaining students and staff safe. The school remained open, yet a large number of parents chose to keep their students home the following day as a precautionary measure. This resulted in a material difference in ADA the school. Staff requests the substitution of estimated days of attendance for actual days of attendance in accordance with the provisions of Section 46392.

 
Financial Impact:
Approximately $2,800 if approved by the California Department of Education
Comments:
Submitted by:
Veronica Hoyle-Kent, Coordinator Enrollment and CALPADS
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
190806 J-13A Form for Nordstrom Norvirus Outbreak
I.2. EDUCATIONAL SERVICES
I.2.a. 4th Quarterly Report 2019 on Williams Uniform Complaints, April 1, 2019 – June 30, 2019, for the Morgan Hill Unified School District
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 4th quarterly report for 2019 is attached.

No complaints were filed in any of the subject areas.
 
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Steve Betando, Superintendent
Attachments:
190806 Williams Quarterly Report
I.2.b. Approve Special Education contracts in the sum of $234,317.85
Rationale:

The Department of Special Education requests approval of the following 2019-2020 Special Education contracts for Morgan Hill Unified School District.

Morgan Autism Center – Non Public School for one student (including ESY) whose specific needs cannot currently be served appropriately within MHUSD programs/staff, per the students Individualized Educational Plan (IEP)

Contract includes: Basic Education Program 1:1 SAI, Speech Therapy, and APE; Occupational Therapy 30 min/1 per week; OT Consultation 240 min/year; AAC Consultation 480 min/year; and Transportation

$116,507.85

Advanced Medical Personnel Services – One Occupational Therapist

$117,810

 
Financial Impact:
Approve Special Education contracts in the sum of $234,317.85 which are included in the adopted budget
Comments:
Submitted by
Pilar Vazquez-Vialva, Assistant Superintendent Education Services

Attachments:
190806 Advanced Medical Personnel Services
I.2.c. Approve travel for 58 members of the Ann Sobrato High School band to participate in Western Band Association (WBA) Championships in Clovis, CA and Kingsburg, CA
Rationale:
58 members of the Ann Sobrato High School Marching Band wish to participate in the final WBA competition of the marching season in Kingsburg & Clovis, CA.

The students will be chaperoned by the band director and at least 10 adult chaperones, both male and female.  Students will travel by bus and will stay one night at the La Quinta Inn & Suites Riverpark, 330 E Fir Ave, Fresno, CA 93720.  Fundraising opportunities and scholarships are available for students who need it.

The students will miss one day of school (November 22).
 
Comments:
Submitted by:
Courtney Macko, Principal, Ann Sobrato High School
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services 
I.2.d. Fall Back to School Nights and Spring Open House schedule for 2019-2020
Rationale:
School sites have finalized plans for the Fall Back to School nights and Spring Open House dates.  Ann Sobrato's high school spring course registration information night has not been set at this time.  Attached is the 2019-2020 schedule.  

 
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
190806 BTS Open House Schedule
I.2.e. Approve South County Cal-SOAP Contract
Rationale:
The South County California Student Opportunity and Access Program (Cal-SOAP) is a statewide program that was established to increase the number of underrepresented students attending college. The South County Cal-SOAP Consortium has provided tutoring, advising and training services to students and parents in the district since 2003.

During the 2019-2020 school year, Cal-SOAP will provide direct services to Morgan Hill Unified School District including parent workshops, tutoring, advising, college tours, and professional development for Cal-SOAP staff and site representatives.  All students in fifth grade will participate in the I'm Going to College program that includes a multi-week curriculum and a college tour to a local university.  All parents and students can access the Morgan Hill Cal-SOAP center, located at Live Oak High School, from early in the morning until the afternoon.  Services in the Morgan Hill Cal-SOAP center included college counseling, financial aid planning, high school advising and other supports for academic success.
 
Financial Impact:
Not to exceed $134,165 from LCAP Supplemental and Base funds LCAP goal 1.5.5.b 
Comments:
Submitted by:
Heather Nursement, Director Supplemental Programs
Pilar Vasquez-Vialva, Assistant Superintendent Educational Services
Attachments:
190806 Cal Soap contract
I.3. HUMAN RESOURCES
I.3.a. Adopt resolution to observe Lincoln’s birthday holiday on February 18, 2020
Rationale:
Education Code 37220 requires the attached resolution.  This code permits a Governing Board of a school district by the adoption of a resolution, to change the date of school closure in observance of certain holidays.  The holiday to mark Lincoln’s birthday is one of those holidays identified by this Education Code citation. 

The legally identified day for observance of the Lincoln holiday is February 12, 2020.  The student calendar for the 2019-20 school year has been adopted with February 18, 2020 designated as the date of school closure in observance of the Lincoln holiday.  This holiday is scheduled as part of the week long winter break scheduled in February. There is no fiscal impact in the adoption of this resolution.

 
Comments:

Submitted by:
Fawn Myers, Assistant Superintendent of Human Resources

Attachments:
190806 Holiday Reso
I.3.b. 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:
190806 Personnel Order
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from the Regular Board meeting of June 18, 2019
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190806 June 18, 2019 Meeting Minutes
I.4.b. Proposed revisions to Board Policy based on updates from California School Boards Association Policy Maintenance Services
Rationale:

Since 2012, the District has contracted with the California School Boards Association ("CSBA") for Board Policy Manual maintenance and online posting.  CSBA services include posting and maintaining the District's policy manual online and sending recommended updates based on changes in law.

On June 19, 2019, the Policy Subcommittee reviewed and approved the attached policy changes. The policies are presented to the Board tonight for their approval.

 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190806 BP 1312.1 Complaints Concerning District Employees
190806 BP 3250 Transportation Fees
190806 BP 3510 Green Schools Operations (NEW)
190806 BP 3511 Energy and Water Management (NEW)
190806 BP 3515.21 Unmanned Aircraft Systems (Drones) (NEW)
190806 BP 3540 Transportation
190806 BP 4030 Nondiscrimination in Employment
190806 BP 4040 Employee Use of Technology
190806 BP 4119.11 Sexual Harrassment
190806 BP 5117 Interdistrict Attendance
190806 BP 5127 Graduation Ceremonies and Activities
190806 BP 5131.2 Bullying
190806 BP 5132 Dress and Grooming
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Approve 45-Day Budget Revision for 2019-20 (7:10 PM)
Rationale:
Education Code Section 42127(i)(4) states that, “Not later than 45 days after the Governor signs the annual Budget Act, the school district shall make available for public review any revisions in revenues and expenditures that it has made to its budget to reflect the funding made available by that Budget Act.”

On June 27, 2019, Governor Newsom signed the State Budget Act of 2019-20.  The 45-day deadline falls on August 12, 2019. Based on the Enacted State Budget the following changes would be made to the District's budget:

  • The change to the California Public Employees' Retirement System (CalPERS) rate set by the CalPERS Board in April 2019.  The rate has decreased to 19.7210% from 20.733% at Adopted Budget
  • Expenditures are adjusted to reflect the workers' compensation rate increasing by 0.0853% from the Adopted Budget
  • Reallocation of $1,000,000 from Ending Fund Balance assignments to budgeted expenditures for the purchase of textbooks for science curriculum adoption 
 
Financial Impact:
See attached
Comments:
Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Assistant Superintendent Business Services

Attachments:
190806 2019-20 45 Day Budget Revision
J.2. Process for Filling Trustee Area 5 Vacancy (7:20 PM)
Rationale:

Trustee Vanessa Sutter has resigned her position on the Morgan Hill Unified Board of Education.  The effective date of her resignation from the Morgan Hill Unified School District is August 15, 2019.  Trustee Sutter has one and a half years remaining on her term which will expire December 2020.

In accordance with Education Code 5091(a), the Board has 60 days from the effective date of resignation to order an election or make a provisional appointment to fill the vacant seat.  The 60 day time frame will end October 14, 2019.

Santa Clara County School Superintendent Mary Ann Dewan accepted Trustee Sutter's resignation of her position on the Morgan Hill Unified Board of Education. 

Below are the two options available to the Board, 1) appointment or 2) order election to fill the prospective vacancy.  

Appointment

An appointment would be until the November 2020 election.  However, in accordance with Education Code 5091, the registered voters the district may, within 30 days from the date of the appointment, petition for the conduct of a special election to fill the vacancy.  If that happens, a timeline is specified in the EC 5091, which would result in the district holding a special election in November 2019 (see details in attached EC 5091).  The District would pay the cost of the special election, which could be higher than an established election (as much as $345,000 more) depending on the number of items on the ballot.  

Examples of an appointment process include but are not limited to selecting the individual with the next highest number of votes in the last election, or an open application process followed by interviews and appointment.  

Order Election

If the Board orders an election, it shall be held on the next established election date provided (November 2019), pursuant to Chapter 1 (commencing with Section 100) of Division 1 of the Elections Code not less than 130 days after the order of the election.  The District would pay a portion of the cost of an election, which would be approximately $65,000.  A Stand-Alone Special Election would cost the District approximately $450,000.

If the Board takes action to make an appointment by soliciting applications, the attached Notice of Intent will be signed by the Board President and published in local newspapers, school newsletters and the District's web page.

If the Board takes action to order an election (in November 2019) Staff will contact the Registrar of Voters to determine the required steps and timelines.


 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
190806 DRAFT Proposed Appointment Process & Timeline_080119
J.3. Approve provisional internship permit (PIP) for a certificated employee (7:35 PM)
Rationale:

The California Commission on Teacher Credentialing issues the provisional internship permit (PIP) which provides applicants additional time to meet the subject matter competence requirement(s) needed to enter an internship program. A District may request a PIP only after a diligent search has been conducted and a fully credentialed teacher could not be found. The PIP is issued for one (1) year and is not renewable. All requests for a PIP must be presented to the Governing Board of a public school district for approval. Every PIP request that is submitted to the Commission on Teacher Credentialing must also include verification that a notice of intent to employ the named applicant has been made public.

Understanding that Special Education is a high-need area, Human Resources held three informational sessions during the 2018-19 year for current classified staff to learn more about entering a credential program.  These efforts have yielded several intern-ready candidates.

Despite increasing the pipeline with internal candidates, attending recruiting fairs, and posting positions on EdJoin, Indeed, LinkedIn, MHUSD website, and on our partner universities’ job boards, the District has not received enough fully credentialed applicants to fill the vacant positions.

Human Resources has conducted eight rounds of interviews between May 14 and July 15, 2019. As of August 1, 2019, MHUSD still has four vacancies in our Special Education program. Because it is difficult to hire fully credentialed teachers in the high-need credential area such as Special Education,  the District has already submitted a Declaration of Need with the Santa Clara County Office of Education.

Samantha Bean is interested in filling one of the current vacancies in Special Education.  She is currently working toward an Educational Specialist credential and is enrolled in an online Master’s and credential program with Grand Canyon University.  Samantha successfully taught a group of Special Education students during the 2019 extended school year session. She enjoyed the assignment and is eager to put into further practice her learning thus far by taking a full-time teaching assignment for the 2019-20 school year.

Approving Samantha for a Provisional Internship permit will allow her time to complete all of her credentialing requirements. Morgan Hill Unified will provide an experienced mentor teacher throughout the entire period of her PIP. Samantha will participate in Morgan Hill Unified Intern Mentor Program to receive additional support, training, and professional learning.

 
Financial Impact:

Allocated in projected budget

Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
J.4. Approve provisional internship permit (PIP) for a certificated employee (7:36 PM)
Rationale:

The California Commission on Teacher Credentialing issues the provisional internship permit (PIP) which provides applicants additional time to meet the subject matter competence requirement(s) needed to enter an internship program. A District may request a PIP only after a diligent search has been conducted and a fully credentialed teacher could not be found. The PIP is issued for one (1) year and is not renewable. All requests for a PIP must be presented to the Governing Board of a public school district for approval. Every PIP request that is submitted to the Commission on Teacher Credentialing must also include verification that a notice of intent to employ the named applicant has been made public.

Understanding that Special Education is a high-need area, Human Resources held three informational sessions during the 2018-19 year for current classified staff to learn more about entering a credential program.  These efforts have yielded several intern-ready candidates.

Despite increasing the pipeline with internal candidates, attending recruiting fairs, and posting positions on EdJoin, Indeed, LinkedIn, MHUSD website, and on our partner universities’ job boards, the District has not received enough fully credentialed applicants to fill the vacant positions.

Human Resources has conducted eight rounds of interviews between May 14 and July 15, 2019. As of August 1, 2019, the District still has four vacancies in our Special Education program. Because it is difficult to hire fully credentialed teachers in the high-need credential area such as Special Education,  the District has already submitted a Declaration of Need with the Santa Clara County Office of Education.

Brenden Hair is interested in filling one of the current vacancies in Special Education.  Brenden has worked as a paraprofessional in the Special Education program with Morgan Hill Unified since March 2019. He enjoys working with students and is preparing to enter a credential program.  He is eager to continue working in Special Education as a resource specialist for the 2019-20 school year.

Approving Brenden for a provisional internship permit will allow him time to complete all of his credentialing requirements. Morgan Hill Unified will provide an experienced mentor teacher throughout the entire period of his PIP. Brenden will participate in Morgan Hill Unified Intern Mentor Program to receive additional support, training, and professional learning.

 
Financial Impact:
Allocated in projected budget
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
J.5. Approve provisional internship permit (PIP) for a certificated employee (7:37 PM)
Rationale:

The California Commission on Teacher Credentialing issues the provisional internship permit
(PIP) which provides applicants additional time to meet the subject matter competence requirement(s) needed to enter an internship program. A District may request a PIP only after a diligent search has been conducted and a fully credentialed teacher could not be found. The PIP is issued for one (1) year and is not renewable. All requests for a PIP must be presented to the Governing Board of a public school district for approval. Every PIP request that is submitted to the Commission on Teacher Credentialing must also include verification that a notice of intent to employ the named applicant has been made public.

Understanding that Special Education is a high-need area, Human Resources held three informational sessions during the 2018-19 year for current classified staff to learn more about entering a credential program.  These efforts have yielded several intern-ready candidates.

Despite increasing the pipeline with internal candidates, attending recruiting fairs, and posting positions on EdJoin, Indeed, LinkedIn, MHUSD website, and on our partner universities’ job boards, the District has not received enough fully credentialed applicants to fill the vacant positions.

Human Resources has conducted eight rounds of interviews between May 14 and July 15, 2019. As of August 1, 2019, the District still has four vacancies in our Special Education program. Because it is difficult to hire fully credentialed teachers in the high-need credential area such as Special Education,  the District has already submitted a Declaration of Need with the Santa Clara County Office of Education.

Paula Carlton is interested in filling one of the current vacancies in Special Education.  Paula has worked as a paraprofessional in the Special Education program since December 2017.  Paula has already begun graduate level coursework toward earning a moderate/severe Education Specialist credential.  She taught a group of Special Education students during the 2019 extended school year session, and she is excited to continue working as a full-time teacher for the 2019-20 school year.

Approving Paula for a provisional internship permit will allow her time to complete all of her  credentialing requirements. Morgan Hill Unified will provide an experienced mentor teacher throughout the entire period of her PIP. Paula will participate in Morgan Hill Unified Intern Mentor Program to receive additional support, training, and professional learning.

 
Comments:

Submitted by:
Fawn Myers, Assistant Superintendent Human Resources


J.6. Board of Education retreat planning (7:38 PM)
Rationale:

A meeting of the Board of Education will take place on August 28, 2019 from 1:00pm to 5:00pm to enable work on board effectiveness and strategic planning in a retreat setting.  Tentative goals and agenda for the retreat will be discussed.


 
Comments:
Submitted by:
Mary Patterson, Board President
J.7. New business: future agenda items / recognitions (7:48 PM)
K. PUPIL DISCIPLINE (8:00 PM)
K.1. Recommendation for readmission of student R 19/20-001
K.2. Recommendation for Expulsion and Rehabilitation Plan for Student E 19/20-001
K.3. Recommendation for Expulsion and Rehabilitation Plan for Student 19/20-002
L. ADJOURNMENT (8:05 PM)
Rationale:

The next REGULAR meeting of the Board of Education is scheduled for Tuesday, August 20, 2019 with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, August 16, 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: August 2, 2019, 10:58 AM

The resubmit was successful.