On November 13, 2019 the District received a letter from the U.S. Department of Education Office of Civil Rights (OCR) regarding a complaint they had received on October 17, 2019.  The complaint stated that the bleachers and parking lot at Live Oak High School football stadium are not accessible to individuals with disabilities. Staff has been working with OCR over the past nine months to provide the requested documentation including pictures of the football stadium, stadium entrances, and Americans with Disabilities Act (ADA) parking stalls at the campus. 

Staff has conferred with legal counsel and recommends approval of OCR’s Resolution Agreement. The Resolution Agreement provides that the football stadium at Live Oak High School to comply with the federal accessibility design standard in place at the time of new construction or alteration (currently the 2010 ADA Standards for Accessible Design). Until the District starts construction or alterations of the football facility no improvements are needed.

Although the District is not required to make any ADA modifications to the stadium at this time, Staff will be modifying the bleacher seating based on recommendations from our field consultant (Verde Designs) on the home and visitor side to accommodate for one designated wheel chair accessible space and designate an area on the track for sports viewing. These modifications will be completed prior to the start of the modified 2020-2021 sports season. 

The interim modifications will be funded out of Restricted Routine Repair and Maintenance. Future construction or modernization of the Live Oak stadium is not planned at this time. 

Pursuant to Education Code 38131(b) and Board Policy 1330, the Governing Board may grant the use of school facilities or grounds for public use as long as they do not impact educational programs at the site. 

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

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

Revenue generated from the lease agreement is deposited into the general fund.

On June 2, 2020 the Board of Education gave approval for the Deputy Superintendent and Chief Financial Officer to sign the agreement for fixed rate pricing for electrical service with Direct Energy Business, LLC. On June 17, 2020 Staff executed the Agreement and is returning the Agreement for Board ratification. 

The legally identified day for observance of the Lincoln holiday is February 12, 2021.  The student calendar for the 2020-21 school year has been adopted with February 16, 2021 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.

Submitted by:
Fawn Myers, Assistant Superintendent of Human Resources

This is an updated MOU for reassigning classified workers whose duties are otherwise impacted as a result of the numerous changes in our programs.  The original MOU was signed and brought to the Board on June 16, 2020. On July 15, 2020, the District announced that instead of an in-person or hybrid plan that our educational delivery would be  provided in a remote, distance environment. The attached MOU reflects an update to the reopening plan and offers flexibility to assign or reassign staffing over the next few months as we continue to evaluate the impact of our collective work flow and shift responsibilities accordingly.

MHCEA President Danielle Nunes, the MHCEA executive team, and I have met on a variety of topics related to the original MOU. We have conferred with principals, directors, and supervisors.  MHCEA has held an employee meeting to answer questions and have published their own FAQs. The intent of this MOU is to avoid layoffs and have employees whose positions are affected maintain their current rate of pay and be flexibly reassigned duties in grounds, building beautification, student/family engagement, or childcare. We acknowledge our classified staff as being essential to the work we do together and have sincere appreciation in their willingness to be flexible and adapt their work assignments. 

As a District, we have rapidly adjusted to the educational delivery model, and we have begun to think about NEW ways to support students and families during distance learning using the available hours of our existing site-based and District-office based staff members and to complete NEW building or grounds projects that otherwise we would not have personnel to complete.

Together, we have imagined the work that we can produce during this time of distance learning that may be different from before but that will benefit our students and the larger school community.  This is an opportunity to build capacity and leadership within our classified ranks as we add value to the experiences of our students and families.

The Governor signed the 2020–21 State Budget into law on June 29, 2020. While Education Code does not specifically require that school districts revise their budgets, it does require making the revisions public if the school district decides to make revisions based on the Enacted State Budget. This year given the significant changes from the May Revision to the final Budget Act, Santa Clara County Office of Education has advised that districts prepare a 45-day Revision.

Major changes from the May Revision include: 

• Local Control Funding Formula. The budget agreement maintains the Local Control Funding Formula (LCFF) at its 2019–20 levels—meaning the LCFF is neither cut by the May Revision’s proposed 10% nor is it increased by the 2.31% statutory cost-of-living-adjustment. Logistically this is done by providing an inflation factor of zero to the LCFF.

• Deferrals. Instead of imposing cuts to the LCFF, lawmakers rely on K–12 apportionment deferrals totaling approximately $12 billion. The budget agreement provides that, if they materialize, the first call on new federal funds will restore deferrals above the May Revision’s $5.4 billion proposal.

• Learning Loss Mitigation Funding. The agreement provides a significant, offsetting source of one-time revenue in federal Coronavirus Aid, Relief, and Economic Security Act and other funds, primarily to address student learning loss as a result of the health pandemic.

• ADA Hold Harmless Provision, Distance Learning Standards, and Learning Continuity and Attendance Plans. Given the uncertain trajectory of the coronavirus, along with the absence of effective therapies and a vaccine, LEAs and lawmakers anticipate that schools could be shuttered once again, warranting provisions to protect LEAs from state funding losses.

• Special Education. As proposed by Governor Newsom in January and updated in May, special education funding will be moving to a new funding formula in 2020–21 and receive a significant ongoing funding increase of $545 million in the process. Funding will now be calculated at the LEA level, but funds will continue to flow through the SELPA structure. LEAs will generate at least $625 per ADA and those LEAs within SELPAs currently funded above this level will be held harmless. 

• CalSTRS and CalPERS. Trailer bill language in AB 84 details the state investment to buydown employer contribution rates for the California State Teachers’ Retirement System (CalSTRS) and the California Public Employee’s Retirement System in 2020–21.

The Governor signed the 2020–21 State Budget into law on June 29, 2020. While Education Code does not specifically require that school districts revise their budgets, it does require making the revisions public if the school district decides to make revisions based on the Enacted State Budget.

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.”

This year given the significant changes from the May Revision to the final Budget Act, Santa Clara County Office of Education has advised that districts prepare a 45-day Revision.

Major changes from the May Revision include: 

• Local Control Funding Formula. The budget agreement maintains the Local Control Funding Formula (LCFF) at its 2019–20 levels—meaning the LCFF is neither cut by the May Revision’s proposed 10% nor is it increased by the 2.31% statutory cost-of-living-adjustment. Logistically this is done by providing an inflation factor of zero to the LCFF.

• Deferrals. Instead of imposing cuts to the LCFF, lawmakers rely on K–12 apportionment deferrals totaling approximately $12 billion. The budget agreement provides that, if they materialize, the first call on new federal funds will restore deferrals above the May Revision’s $5.4 billion proposal.

• Learning Loss Mitigation Funding. The agreement provides a significant, offsetting source of one-time revenue in federal Coronavirus Aid, Relief, and Economic Security Act and other funds, primarily to address student learning loss as a result of the health pandemic.

• ADA Hold Harmless Provision, Distance Learning Standards, and Learning Continuity and Attendance Plans. Given the uncertain trajectory of the coronavirus, along with the absence of effective therapies and a vaccine, LEAs and lawmakers anticipate that schools could be shuttered once again, warranting provisions to protect LEAs from state funding losses.

• Special Education. As proposed by Governor Newsom in January and updated in May, special education funding will be moving to a new funding formula in 2020–21 and receive a significant ongoing funding increase of $545 million in the process. Funding will now be calculated at the LEA level, but funds will continue to flow through the SELPA structure. LEAs will generate at least $625 per ADA and those LEAs within SELPAs currently funded above this level will be held harmless. 

• CalSTRS and CalPERS. Trailer bill language in AB 84 details the state investment to buydown employer contribution rates for the California State Teachers’ Retirement System (CalSTRS) and the California Public Employee’s Retirement System in 2020–21.

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.

Despite increasing the pipeline with internal candidates, attending a limited number of 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 position in math.

In anticipation of needing to fill vacancies with short-term permits in high-needs areas such as math,  the District has already submitted a Declaration of Need with the Santa Clara County Office of Education. With the Declaration on file, the District will prepare our candidate to apply for her PIP.

Our candidate is Sabrina Seery, who is interested in filling a vacancy in high school level math. She has the requisite number of undergraduate units in math and meets other qualifications to apply for the permit. Sabrina worked as a long term substitute teacher at Live Oak High School from March through June this past spring semester. She enjoys working with students and has appreciated the support of other teachers at Live Oak. Sabrina is preparing to enter a credential program.  With a PIP, she will be able to teach math full time and pursue her credential work. She is eager to continue working with the students at Live Oak High School for the 2020-21 school year. 

As part of our Intern Mentoring Program, Morgan Hill Unified will provide an experienced mentor teacher to Sabrina  to provide additional support, training, and professional learning while she is in her credential program. Approving Sabrina for a Provisional Internship Permit will allow her time to complete all of her credentialing requirements. 

Background

As a result of the public's concern regarding the quality of the physical environment, federal and state governments have enacted legislation to safeguard the environment and protect the health and safety of the public. Through governmental enforcement of those laws, considerable progress toward the goal of a clean, safe, and healthful environment. However, in recent years, there has been an increasing awareness that the burdens of a polluted environment are borne disproportionately by members of minority and low-income communities.

In the wake of these studies, a growing number of citizens have begun to examine the causes and effects of this distribution of environmental burdens and to advocate policies that will either cease or reduce such environmental hazards, if possible, or distribute such burdens fairly. That movement has come to be identified by the term "environmental justice." Environmental Justice (EJ) addresses the unequal environmental burden often borne by minority and low-income populations.

California High-Speed Rail Authority

Implementation of environmental justice principles in how the California High-Speed Rail Authority (Authority) plans, designs, and delivers the high-speed rail projects means that the Authority recognizes the potential social and environmental impacts that project activities may have on certain segments of the public. The Authority has included environmental justice considerations in its planning for the statewide high-speed train system since 2000, when it commenced a programmatic environmental review process. The Federal Railroad Administration (FRA) advised the Authority to follow the best practices of the Federal Transit Administration (FTA) Circular 4703. 1 Environmental Justice Policy Guidance for Federal Transit Administration Recipients in preparation of the Authority's Environmental Justice Guidance.

The Authority's Environmental Justice Guidance promotes the incorporation of EJ considerations into its programs, policies, and activities to mitigate disproportionate adverse impacts, particularly on minority and low-income populations. The Authority emphasizes the fair treatment and meaningful involvement of people of all races, cultures, and income levels, including minority and low-income populations, from the early stages of transportation planning and investment decision-making through design, construction, operations and maintenance.

Preliminary Enhancement Ideas

In Fall 2019, District staff worked with the Authority to develop potential community enhancement projects. Based on the Environmental Justice Evaluation and Selection Criteria, the Authority’s environmental team provided a preliminary evaluation of the enhancement ideas to the District for review and feedback. The District is in the process of reviewing the evaluations, however, clarification will be requested due to discrepancies and misinformation in the preliminary documents. The Authority has requested that the District submit feedback on the preliminary evaluation prior to August 14, 2020.

After the feedback is incorporated, the enhancements will be circulated to interested community members/groups for review and discussion in Fall 2020. Thereafter it will be integrated in the final enhancements report contained within the Final Environmental Impact Report/Statement.