Regular Board Meeting - Closed Session 4:00 PM Morgan Hill USD December 10, 2019 6:00PM MHUSD Board Room - Closed Session 4:00 PM
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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. |
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None
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Submitted by: Jessie Swift, Coordinator Student Services Glen Webb, Director Curriculum, Instruction and Assessment Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
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Board members will nominate and vote for a president, vice president, and representative to vacant assignments. |
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Submitted by: Steve Betando, Superintendent
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Submitted by: Steve Betando, Superintendent
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Submitted by: Steve Betando, Superintendent
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Trustee Patterson served as President to the Board from August 21, 2018 - December 10, 2019, and was elected to the Board in November 2016. The Board will recognize Trustee Patterson for her service as President.
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Submitted by: Steve Betando, Superintendent
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The Board will recognize Martin Murphy Middle School teacher, Virginia Barrera, finalist for the Region 5 California League of Middle Schools Educator of the Year.
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Submitted by: Steve Betando, Superintendent
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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.
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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.
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On September 5, 2017 the Board of Education approved the budget for the Britton Middle School Transformation Project and on August 15, 2017 approved a contract with Blach-QKA for the design and construction of the Project. On May 15, 2018, the Board approved the first amendment to contract with Blach-QKA which reduced the scope of work to include only Increment 2 (two-story classroom building) in order to expedite delivery and control costs. Reducing the scope of the original contract now necessitates that the District take on the design and delivery of Increment 1 (site work), Increment 3 (science classrooms), and Increment 4 (student union/admin spaces). In addition, the design of offsite improvements and multi-phased construction efforts are required in order to facilitate the overall delivery and reduce impact to the site operations. Staff received competitive proposals and recommends the approval of the agreement with LPA, Inc. in the amount of $1,051,700 for design services for Increment 4 (student union/admin spaces). |
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$1,051,700 to be funded out of Measure G, series B bond proceeds |
Submitted by: Casino Fajardo, Director Construction and Modernization Kirsten Perez, Assistant Superintendent Business Services
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191210 MHUSD_LPA_Architectural Agreement
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On November 7, 2017, the District’s Board of Education approved the use of the design-build delivery method for the Nordstrom Elementary School Portable Replacement Project (“Project”). On April 2, 2019, the Board approved the agreement contract price with Kent Construction-SVA is not to exceed $8,413,420 for the scope of services. After further value engineering and final design, the District realized project savings amending the contract to $8,194,158. Additionally, the District was able to utilize Capital Facilities funds in order to partially reimburse the project budget with $2,000,000 as the some of the portables qualified for funding under this program. Staff has reviewed the budget and campus master plan to determine additional projects that could be funded on the site. Staff recommends the administration modernization project based on budget and preliminary feasibility analysis. Staff received competitive proposals recommends the approval of CAW Architects for the design of the Administration space in the amount of $287,500. |
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$287,500 to be funded out of Measure G, Series B bond proceeds |
Submitted by: Casino Fajardo, Director Construction and Modernization Kirsten Perez, Assistant Superintendent Business Services
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191210 MHUSD_CAW_Agreement_Rev1
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Pursuant to Government Code 6500 et seq. and Public Contact Code Section 20118, the District is allowed to "piggyback" on any public agency bid. The District has determined that by utilizing Waterford Unified School Districts bid, the District will receive the lowest price for the purchase of a new school bus, while using Staff's time efficiently. Staff recommends the purchase of a new 81 passenger bus to replace an existing bus in the transportation fleet.
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$180,142.85 from the Transportation Fund
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Submitted by: Kathleen Rael, Director Transportation Kirsten Perez, Assistant Superintendent Business Services
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191210 Bid Extension 191210 Vehicle Quote 191210 Waterford Bid Reconciliation
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Seven Live Oak High School Future Farmers of America (FFA) Officers request permission to attend a leadership retreat in Lake Tahoe, California leaving Friday, February 28, 2020 and returning Sunday, March 1, 2020. The purpose of this trip is to train the FFA officers, plan the year’s events, and participate in team building activities.
The students will be chaperoned by Live Oak High School teacher Nicole Jorgenson. Transportation will be by private vehicle. Accommodations will be at a private residence in Lake Tahoe. Students will pay $100 towards the cost of the trip. Scholarships and fundraising opportunities are available to students that need it.
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Submitted by: Tanya Calabretta, Principal, Live Oak High School Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
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Twenty members of the Live Oak High School Future Farmers of America request permission to attend the annual State Future Farmers of America Conference in Anaheim, California leaving on Thursday, April 23, 2020 and returning Monday, April 27, 2020.
These students will be participating in leadership activities, building leadership skills, and will then demonstrate these learned skills in the classroom and at FFA meetings.
There will be four adult chaperones including Live Oak High School teachers Nicole Jorgenson and Ron Sjostedt. Transportation will be by private vehicle. Accommodations will be at a local hotel. Students will pay $300 towards the cost of the trip. Fundraising opportunities and scholarships are available to students who need it.
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Submitted by: Tanya Calabretta, Principal, Live Oak High School Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
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Seventy members of the Live Oak High Emerald Regime request permission to travel to New York, New York leaving after school on Wednesday, April 1, 2020 and returning Tuesday, April 7, 2020.
The purpose of this trip is to provide students with the opportunity to experience professional musicianship in New York, to compete at a music festival, to participate in workshops, and to learn about historically vital landmarks and buildings.
The Live Oak band director, Jason Locsin, along with ten other adult chaperones will travel with the students. Transportation will be by private vehicle to and from the airport and Jet Blue Airlines. Accommodations will be at the Hampton Inn Madison Square Garden. The cost of the trip is $1800 per student. Fundraising opportunities and scholarships are available to students who need it.
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Submitted by: Tanya Calabretta, Principal, Live Oak High School Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
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Cal-SOAP would like to take 20 Live Oak, Ann Sobrato and Central High School students on a Southern California College Tour leaving on Tuesday, February 18, 2020 and returning on Friday, February 21, 2020. The purpose of the trip is to expose students to eight different college campuses that they would not otherwise have an opportunity to visit. These colleges may include the University of California San Diego, University of California Los Angeles, University of California Santa Barbara, San Diego State University, California State University Long Beach and Cal Poly. Students will learn about the admissions process, receive a tour of the campus and experience college life. Students will learn about the UC, CSU, and private university systems.
The trip is sponsored by the California Student Opportunity and Access Program (Cal-SOAP) and hosted by the Gilroy Unified School District. Permission slips are through the Gilroy Unified School District. Chaperones include Cal-SOAP Advisor Erin Gemar along with four additional adult chaperones from Cal-SOAP. Transportation will be by bus. The cost to the students is $400. Fundraising opportunities and scholarships are available to students who need it. This tour will be during the President’s Holiday week.
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Submitted by: Tanya Calabretta, Principal, Live Oak High School Courtney Macko, Principal, Ann Sobrato High School Lisa Martin, Principal, Central High School Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
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The Live Oak High School Senior Class is planning to travel to Disneyland in Anaheim, California leaving Tuesday, June 2, 2020 and returning on Wednesday, June 3, 2020. The seniors would leave by bus at approximately 7 AM on June 2, 2020 and would arrive at Disneyland at 2:00 PM. They would join many thousands of high school seniors attending the traditional Disneyland Grad Night. At 2:00 AM the following morning, students would board busses for the return to Morgan Hill. They would arrive at Live Oak High School at approximately 9 AM on June 3, 2020. The mode of transportation would be chartered busses. There will be at least two adult chaperones per bus. This is an Associated Student Body (ASB) activity that is set up through Adventures America. There would be no overnight accommodations, except for the drivers of the busses, as mandated by the transportation contract. Students would be contained within the boundaries of Disneyland for the entire trip. The cost for this activity would be approximately $325 per student. Fundraising opportunities and scholarships are available to students who need it.
There will be at least one chaperone for every ten students. Disneyland has a huge number of security and staff that chaperone the students at Grad Night. Travel is subject to confirmation of arrangements, parent permission and chaperones.
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Submitted by: Tanya Calabretta, Principal, Live Oak High School Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
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See attached
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Included in adopted budget
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Submitted by: Fawn Myers, Assistant Superintendent Human Resources
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191210 Personnel Order
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In order to ensure appropriate advance notice, the following monthly table of state and federal holidays and other commonly recognized events is provided for 2020. Required Observances: The California Education Code requires certain holidays to be observed "as part of the school curriculum" and celebrated "with appropriate commemorative exercises." Specifically, the Ed Code requires schools to hold special exercises or programs highlighting the occasions listed below. If schools are closed on the official day, observances are to take place prior to the closure, preferably the day preceding. It is the intent of the Legislature that the exercises encouraged in these Ed Code sections be integrated into the regular school program. State and Federal Holidays Dr. Martin Luther King, Jr. Day (E.C. 37220) Observed the 3rd Monday in January. On the Friday preceding, schools "shall include exercises commemorating and directing attention to the history of the civil rights movement in the United States and particularly the role therein of Dr. Martin Luther King, Jr." (January 20, 2020) Washington Day (E.C. 37220) Observed the 3rd Monday in February. On the Friday preceding, "all public schools . . . shall hold exercises in memory of George Washington." (February 17, 2020) Lincoln Day (E.C. 37220) Observed on the Monday or Friday of the week in which February 12 occurs. "On the day that school is in session prior to the day on which schools are closed for that purpose, all public schools . . . shall hold exercises in memory of Abraham Lincoln." (February 18, 2020) Other Required Observances Susan B. Anthony Day (E.C. 37221) Observed February 15th with instruction on the political and economic status of women in the United States, and by noting the contribution of Susan B. Anthony. Conservation, Bird, and Arbor Day (E.C. 37221) Observed March 7th (the birthday of Luther Burbank) by noting the importance of conserving natural resources, promoting a "spirit of protection" and emphasis on the economic/ecological value of birds and trees. Welcome Home Vietnam Veterans Day (E.C. 37222) Observed March 30th. Educational institutions are encouraged to observe the day and to conduct exercises recognizing the contributions of all those involved in the Vietnam War and remembering the sacrifices they made for their country. Cesar Chavez Day (E.C. 37220.5) Observed March 31st. Commemorates and directs attention to the history of the farm labor movement in the United States and particularly the role therein of Cesar Chavez. California Poppy Day (E.C. 37222) Observed April 6th. Observances are to honor the California Poppy, including instruction about native plants and the economic and aesthetic value of wildflowers; promote responsible behavior toward natural resources; and emphasize the value of natural resources and their conservation. John Muir Day (E.C. 37222) Observed April 21st. Observances are to stress the importance of an ecologically sound natural environment, emphasizing John Muir's contributions to the fostering of that awareness. Day of the Teacher (E.C. 37222) Observed the second Wednesday in May. Observance requires exercises to commemorate and direct attention to teachers and the teaching profession. (May 13, 2020) Harvey Milk Day (E.C. 37222) Observed May 22nd. Educational institutions are encouraged to observe the day with exercises remembering the life of Harvey Milk, recognizing his accomplishments, and familiarizing pupils with the contributions he made to this state. Anniversary of the Adoption of the Constitution, Constitution Day and Citizenship Day (E.C. 37221)The celebration is to "include exercises and instruction in the purpose, meaning, and importance of the Constitution of the United States, including the Bill of Rights." The United States Congress and the President have enacted a provision of law requiring every educational institution receiving federal funds to “hold an educational program” on September 17 of each year in observance of “Constitution Day and Citizenship Day.” "Educational institution” is a broad term that includes preschools; elementary, middle, and high schools; and institutions of higher education. The requirement applies to all public educational institutions in California. The requirement also applies to any private educational institution that receives federal funds. Private educational institutions that do not receive federal funds are nonetheless encouraged to conduct an observance. When September 17 falls on a Saturday, Sunday, or holiday – the observance may be held at any time during the preceding or following week. Each educational institution may individually select the specific date. The specific nature of the “educational program” is left to the discretion of each educational institution. The observance is to commemorate the signing of the U.S. Constitution on September 17, 1787. Native American Day (E.C. 37220.7) Designated by the California Legislature as the fourth Friday in September. The legislature declared that, “An emphasis on freedom, justice, patriotism, and representative government have always been elements of Native America culture…” that “Native Americans love the land that has nurtured their parents, grandparents, and unnamed elders since time began, and they honor the Earth that has brought life to the people since time immemorial,” and that “Native Americans have given much to this country, and in recognition of this fact, it is fitting that this state returns the honor by recognizing Native Americans for all of their offerings to this beloved land” (September 25, 2020) State Board of Education Annual Resolutions: In addition to the observances required by law, the California State Board of Education passes annual resolutions dedicating certain months and weeks to recognize the contributions of various groups to American culture and society. These resolutions are intended to reinforce the commitment of the State Board and of the California Department of Education to a history-social science curriculum, which impresses on all students the value of all segments of our society. National African American History Month (February) National Women's History Month (March, also by joint resolution of Congress) National Asian American and Pacific Islander Heritage Month (May) National Hispanic Heritage Month (September 15 - October 15) National Native American Heritage Month (November) Additional Observances The State Board of Education, the President of the United States, and various organizations also issue proclamations and resolutions to dedicate certain months and weeks in recognition of particular areas of the curriculum or the contributions of groups to the field of education. |
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Submitted by: Fawn Myers, Assistant Superintendent Human Resources
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Annually, the District may have the need to layoff certificated employees as a result of the reduction and/or discontinuance of services (Particular Kinds of Services “PKS”). If the District has the need to reduce or discontinue services, certificated employees must receive proper notification under Education Code sections 44955 and 44949. In the event there is a need for any certificated layoff, the District will undertake the following activities: 1. Determine if the District has the legal ability to institute a layoff Education Code section 44955 provides the legal authority for the District to institute a layoff for the reduction or discontinuance of particular kinds of services (PKS). Timeline: by December 10, 2019 2. Issue a Seniority List of certificated employees A seniority list and individual notifications are sent to all school sites and certificated employees to confirm the information. Timeline: by January 8, 2020 3. Board Adopts the Certificated Seniority List The Board of Education annually adopts the seniority list and the final list is posted at all school sites. Timeline: January 21, 2020 board meeting 4. Board adopts a resolution regarding criteria for determining order of seniority for those employees with the same date of first paid probationary service: Timeline: February 4, 2020 board meeting 5. Board adopts a resolution to decrease the number of certificated employees due to a reduction in Particular Kinds of Services (PKS), if needed. Timeline: March 3, 2020 board meeting 6. Negotiations with exclusive representative The District has the duty to notify MHFT of the decision to reduce any Particular Kinds of Service. The District is obligated to negotiate the effects of a layoff after the Board of Education adopts its formal resolution to layoff staff. Timeline: by March 4, 2020 7. Notify via personal delivery and/or certified mail, the affected certificated employees that their services will no longer be needed. Timeline: by March 15, 2020 8. Layoff Hearing The District will schedule a hearing with Office of Administrative Hearings and will participate in such a hearing once scheduled through that office should such a hearing be necessary if any affected certificated employee(s) request said hearing. Timeline: by April 30, 2020 9. Final Notice to Affected Employees of Layoff The Administrative Law Judge who conducts the layoff hearing must issue his/her decision to the Board of Education by April 21, 2020. The Board of Education then must act to accept, reject or modify the decision, and authorize final notices of layoff before May 1, 2019, to allow for sufficient time for service of the final notices. Timeline: by May 1, 2020 |
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Submitted by: Fawn Myers, Assistant Superintendent Human Resources
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Per Education Code 44951, the District may annually have the need to reassign or release certificated employees holding a position requiring an administrative or supervisory credential. Permanent certificated management staff are not entitled to seniority rights in their administrative positions. However, such staff shall earn and/or retain any seniority earned in service as a classroom teacher or site administrator pursuant to Education Code 44893, 44894, or 44956.5. Annually, in anticipation of any release or reassignment of certificated employees holding such a position, the District will undertake the following activities according to the timelines listed below: 1. Notify certificated employees per Education Code 44951 By March 15, an employee shall be notified in person that he/she may be released or reassigned from his/her position for the following school year. If the notice is presented to the employee in person, the district shall obtain his/her signature acknowledging receipt of the notice on the district's copy of the written notice. (Education Code 44951) If the March 15 notice indicates that release or reassignment is only a possibility, the Governing Board shall take additional action to release/reassign the employee before the new school year and shall send the employee a second notice by June 30 indicating that he/she has been released or reassigned. When the March 15 notice indicates that release or reassignment is certain, no further notifications are needed. Timeline: by March 15, 2020 2. Notify the certificated employees of the District’s final decision per Education Code 44951. For the certificated employees whose March 15th notice indicates that release or reassignment is only a possibility, the Governing Board shall take additional action to release/reassign the employee before the new school year and shall send the employee a second notice by June 30 indicating that he/she has been released or reassigned. Timeline: by June 16, 2020 |
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Submitted by: Fawn Myers, Assistant Superintendent Human Resources
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A substitute employee is defined as a worker who is employed for a temporary or limited term, generally to fill a position as a replacement for a regular employee, or for an assignment that is limited in nature, or for a position that is vacant during a recruitment process. Substitutes are unrepresented and are not part of any labor group. The District determines their rate of pay which is variable for each classification of worker. The marketplace and availability of qualified personnel regulate the rate that the District must pay for specific types of substitute workers. In order to maintain the efficiency of operations, the District routinely uses substitute workers to provide services until a vacancy can be filled or until a regular employee returns from an approved leave. It is the District’s right and responsibility to determine the kinds and levels of services to be provided and the methods and means of providing them. It is also the District’s right and responsibility to determine rates of pay for substitute, temporary, and limited term workers. The District must also comply with all requirements for the vacant assignment and ensure appropriate licensure or certification of substitute workers.
The attached substitute salary schedule reflects certificated, classified, and administrative substitute rates of pay as well as describes the District's practice for securing, placing, and compensating all classifications of substitute workers. Classified and administrative substitute workers experience an increase in their rate of pay each time there is a new approved salary schedule for these two labor groups since the sub rate of pay is tied to the respective salary schedules.
The certificated sub rate, however, is not tied to the MHFT salary schedule. The attached substitute schedule reflects an increase for certificated substitute teachers from $150 to $160 for the daily rate; and an increase from $165 to $200 for the long-term rate and identifies a rate of $250 for long-term assignments of more than 30 days. These rates of pay are recommended after reviewing daily and long-term rates across Santa Clara County. Education Code 44977 (1)(c) says that "The governing board of every school district shall adopt a salary schedule for substitute employees. The salary schedule shall indicate a salary for a substitute for all categories or classes of certificated employees of the district."
Staff recommends that the Board of Education approve the attached substitute salary schedule reflecting an increase for certificated daily and long-term subs. |
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Projected in first interim budget.
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Submitted by: Fawn Myers, Assistant Superintendent Human Resources
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191210 Substitute Salary Schedule
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The attached resolution authorizing compensation for Jeanne Gilliard's absence from a regular meeting of the Board of Education held on November 19, 2019 is submitted for approval in accordance with Board Policy 9250.
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Submitted by: Steve Betando, Superintendent
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191210 Absence Reso Gilliard
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The Secondary Curriculum Council and Educational Services Division are recommending the adoption of The Living Earth as the Biology Next Generation Science Standards program for High School. The program has the unanimous support of the Curriculum Council representatives and has undergone a deep vetting process. Glen Webb, Director of Curriculum, Instruction and Assessment, and program pilot teachers will summarize the adoption process and program highlights for the Governing Board.
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$132,444.31 covers the eight year adoption and is budgeted in the Instructional Materials fund for the 2019-20 year
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Submitted by: Glen Webb, Director Curriculum, Instruction and Assessment Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
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191210 Equity Presentation
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Jessie Swift, Coordinator of Student Services, and Sergeant Scott Nelson of the Mountain View Police Department, will provide the Board with an update on vaping concerns at the secondary level and the progress on interventions. |
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Submitted by: Sergeant Scott Nelson, Mountain View Police Department Jessie Swift, Coordinator Student Services Glen Webb, Director Curriculum, Instruction and Assessment Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
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Per Education Code 45266, the Personnel Director shall prepare an annual report which shall be sent by the Personnel Commissioners to the Governing Board of the school district. Staff has prepared the 2018–19 Annual Report which provides evidence of work completed by the Personnel Commission staff, summarizes the hiring activities for classified personnel, and recognizes those who have retired from the school district.
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Submitted by: Fawn Myers, Assistant Superintendent Human Resources
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191210 Annual Report
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In accordance with Education Code 42130, a school district is required to submit twice during the fiscal year a financial report certifying the District’s ability to meet its financial obligations. These reports examine the District’s enrollment, spending pattern, fund balance, and reserve for economic uncertainties. There are several purposes for these reports: - To provide a review of the District’s financial condition at periodic intervals during the fiscal year
- To provide a status report to the Board of Education and the public of the financial condition of the District
- To determine necessary budget revisions as a result of current or projected financial information
- The interim reflects adopted, revised, and projected budgets
- The first interim report reflects financial and budgetary status as of October 31, 2019
Attached is a narrative of the budget adjustments in the General Fund and a spreadsheet summarizing the budgeted amounts.
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Amend budget to reflect current fiscal information for the unrestricted and restricted General Funds
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Submitted by: Victoria Knutson, Director Fiscal Services Kirsten Perez, Assistant Superintendent Business Services
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191210 Form 010 191210 Fund Summary Report - First Interim Budget 2019-20 191210 General Fund First Interim 19-20 Narrative
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Staff will present on the status of Measure G Projects. |
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Submitted by: Casino Fajardo, Director Construction and Modernization Kirsten Perez, Assistant Superintendent Business Services
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191210 Measure G Presentation
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Once a decade, America comes together to count every resident in the United States, creating national awareness of the importance of the census and its valuable statistics. The decennial census was first taken in 1790, as mandated by the Constitution. It counts our population and households, providing the basis for reapportioning congressional seats, redistricting, and distributing more than $675 billion in federal funds annually to support states, counties and communities’ vital programs — impacting housing, education, transportation, employment, health care and public policy.
An accurate census count benefits our community in several ways:
Federal funds, grants and support to states, counties and communities are based on population totals and breakdowns by sex, age, race and other factors. Our community benefits the most when the census counts everyone. People in Our community use census data in for many purposes:
Residents use the census to support community initiatives involving legislation, quality-of-life and consumer advocacy.
Businesses use Census Bureau data to decide where to build factories, offices and stores, which in turn create jobs.
Local government officials use the census to ensure public safety and for the planning of new schools and hospitals.
Real estate developers and city planners use the census to plan new homes and improve neighborhoods.
The next census is coming in 2020. Counting an increasingly diverse and growing population is a massive undertaking. It requires years of planning and the support of thousands of people.
Ultimately, the success of the census depends on everyone’s participation. The Census Bureau depends on cross-sector collaborations with organizations and individuals to get people to participate. |
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Submitted by: Steve Betando, Superintendent
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191210 Morgan Hill Census Resolution
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The Morgan Hill Unified School District Board of Education endeavors to be a strong, effective governance team to provide leadership to meet the challenges faced by public education in our community. Regular reflection and self-assessment by the Board provides valuable information and opportunity to improve Board governance practices.
The MHUSD Board will discuss the results of the self-evaluation to assess its governance and performance. |
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Submitted by: Steve Betando, Superintendent
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191210 BOE Self Evaluation Results
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The next REGULAR meeting of the Board of Education is scheduled for Tuesday, January 21, 2020, with Open Session beginning at 6:00pm. The agenda will be available on the District's website by 5:00pm Friday, January 17, 2020.
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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. |
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Published: December 6, 2019, 4:32 PM
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