banner

Regular Board of Education Meeting - Closed Session 4:00 PM
Morgan Hill USD
September 15, 2020 6:00PM
Topic: Board of Education Regular Meeting Time: Sep 15, 2020 4:00 PM Closed Session 6:00 PM Open Session Join Zoom Meeting https://us02web.zoom.us/j/87918420472 Meeting ID: 879 1842 0472 One tap mobile +16699009128,,87918420472# US (San Jose) +12532158782,,87918420472# US (Tacoma) Dial by your location +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 646 558 8656 US (New York) +1 301 715 8592 U

A. CALL TO ORDER
A.1. PUBLIC COMMENT ON CLOSED SESSION TOPICS
Rationale:
Members of the public may address the Board at this time regarding items on the Closed Session agenda. The Board of Education reserves the right to limit speaking time to three (3) minutes or less per individual.
 
A.2. ADJOURN TO CLOSED SESSION (4:00 PM)
A.3. PUPIL PERSONNEL - Student discipline Education Code §48918 (c)(K-12)
A.4. LIABILITY CLAIMS - Governmental Code Section 54956.95
A.5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: one case
A.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a) of Government Code §54956.9
A.6.a. EL 17/18-001 v. Morgan Hill Unified School District Case No. 17CV319128
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)
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 (6:02 PM)
D. RECOGNITIONS / PRESENTATIONS
E. ADOPTION OF AGENDA (6:05 PM)
F. APPROVAL OF CONSENT CALENDAR (6:07 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 (6:10 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 (6:20 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: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association
H.5. Reports: Board Members
H.6. Calendar: Upcoming events
I. CONSENT ITEMS
I.1. BUSINESS SERVICES
I.1.a. Ratification of contracts executed pursuant to Board Policy 3312
Rationale:
The District contracts with consultants or independent contractors who can provide valuable and necessary specialized services not normally required on a continuing basis. Pursuant to Education Code 17604 and Board Policy 3312(a), the Superintendent or designee (employees identified in Bd.Ed. 2017-18 Reso 058) has the authority to enter into contracts with a value up to $100,000 on behalf of the District. These contracts must be subsequently ratified by the Board.

The attached document lists the contracts executed by the Superintendent or designee for the month of August 2020.

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
200915 August 2020
I.1.b. Approve Fiscal Year 2021-22 Budget Development Calendar
Rationale:
The development of the District’s annual budget is an important process that helps to ensure the ongoing fiscal solvency of the District.  The budget development calendar is a tool to assist the District in managing the budget development process by detailing the major timelines, necessary actions, and persons responsible.  The calendar serves as a guideline and is continually reviewed and updated when needed.

The complexity of managing a school district budget today necessitates the development of a budget calendar that encompasses the majority of the year.  The process begins early so that timely decisions can be made and culminates in June when the District adopts its annual budget as required by Education Code 42127.

 
Comments:
Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
200915 2021-22 Budget Development Calendar
I.1.c. Adopt resolution approving Gann Appropriation Limit
Rationale:
Paul Gann, co-author of Proposition 13, continued the spirit of the “taxpayer’s revolt” with his own initiative designed to limit the growth in government spending.  This initiative, enacted as Proposition 4 in 1979, did not require cuts in government spending, but rather limited the growth in government spending by linking year-to-year changes in expenditures to changes in inflation (represented by per capita personal income) and caseloads (represented by average daily attendance for schools).

Pursuant to Government Code 7906, the District is required to annually adopt a resolution identifying the estimated appropriations limit for the current year and the actual appropriations limit for the preceding year.  Based on the attached calculations, the 2019-20 Gann Limit is $72,882,825.38 and the estimated 2020-21 Gann Limit is $75,639,155.44. The District did exceed its appropriation limit in 2019-20.

 
Comments:
Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
200915 2019-20 Unaudited Actuals - Form GANN
200915 GANN Reso
I.1.d. 2019-2020 Capital Facilities (Developer Fees) receipts and expenditures
Rationale:
The Capital Facilities Fund is a collection of developer fees used to provide facility needs for the District’s growth and capacity.  Following is a summary of the total amount collected and expenditures for the 2019-2020 school year.  The expenditure amounts shown do not represent the total amount of the project, only the amount spent during the fiscal year.

The Level I fees are $4.08 for residential and $0.66 commercial/industrial.  

2019-2020 Capital Facilities
Revenue
Beginning Balance 12,380,740.94
Developer Fees 1,348,869.06
Interest 215,964.37
Total Revenue 13,945,574.37
Expenditures
3% Admin Fee (transfer to the General Fund) 40,286.07
Developer Fees Legal Expenses 6,602.50
Demographic Study/Ischool Finder (web based school boundary program) 5,000.00
Justification Study-Biannual 3,875.00
Borello Property 4,452,689.02
Traffic Analysis-Lillian Commons Project 5,306.25
Walsh Portable Lease-Migrant Ed reimbursement FINAL PAYMENT (351.00)
Total Expenditures 4,513,407.84
Ending Fund Balance 9,432,166.53
 
Financial Impact:
The ending fund balance of $9,432,166.53 will be carried over to the 2020-2021 Capital Facilities budget
Comments:
Submitted by:
Anessa Espinosa, Director Facilities
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
I.1.e. Adopt resolution to accept donations made to the Morgan Hill Unified School District and increase budgets
Rationale:
Cash donations and other types of donations have been listed on the attached resolution. The following is a donation action resolution to accept donations and increase budgets as a result of cash donations and make changes between funds as needed.
 
Financial Impact:
Cash donations added to budgets of each site
Comments:
Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
200616 Donations Reso
I.2. EDUCATIONAL SERVICES
I.2.a. Approval of Learning Continuity and Attendance Plan
Rationale:
The Learning Continuity Plan is intended to balance the needs of all stakeholders, including educators, parents, students and community members, while both streamlining engagement and condensing several preexisting plans. The Learning Continuity Plan replaces the LCAP for the 2020–21 school year.

The Learning Continuity Plan adoption timeline of September 30, 2020, is intended to ensure the Learning Continuity Plan is completed at the beginning of the 2020–21 school year. Additionally, the timeline is intended to allow for communication of decisions that will guide how instruction will occur during the 2020–21 school year. This includes in-person instruction, according to health guidance, and distance learning, while providing critical opportunities for stakeholder engagement.

The Learning Continuity Plan template memorializes the planning process already underway for the 2020–21 school year and includes descriptions of the following: addressing gaps in learning; conducting meaningful stakeholder engagement; maintaining transparency; addressing the needs of unduplicated pupils, students with unique needs, and students experiencing homelessness; providing access to necessary devices and connectivity for distance learning; providing resources and supports to address student and staff mental health and social-emotional well-being; and continuing to provide school meals for students.

This Plan was provided as an information item at the September 1, 2020 Board meeting and is now being brought forward for approval.
 
Comments:
Submitted by:
Glen Webb, Director Curriculum, Instruction and Assessment
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
200915 Learning Continuity Plan - English
200915 Learning Continuity Plan - Spanish
I.3. HUMAN RESOURCES
I.3.a. Biennial review and proposed revisions to Board Bylaw 9270, Conflict of Interest Code including Appendix of Designated Employees and Disclosure Categories
Rationale:
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the code must be amended. Amended codes are due to the Santa Clara County Office of the County Council by October 31, 2020.

Staff has reviewed the District's current Board Bylaw 9270 and made revisions as recommended by the Santa Clara County Office of the County Counsel to update job titles and category disclosures.  This Board Bylaw process for approval complies with a Government Code and is reviewed and routed differently than many other board policies.

The proposed BB 9270 revisions are currently being previewed by the Santa Clara County Office of the County Counsel. The Board will have another opportunity for a second read as soon as the district has received the preliminary review of County Counsel. Following board approval, this Code will be submitted to the County Board of Supervisors for final approval. Pursuant to Government Code section 87303, "No conflict of interest code shall be effective until it has been approved by the code-reviewing body.' The County of Santa Clara Board of Supervisor is the code-reviewing body for the county agencies and for any other local agency whose jurisdiction is solely within the County.  
 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
200915 Conflict of Interest Code Amendment Draft
I.3.b. Adopt resolution proclaiming the week of October 11-17, 2020 as the Week of the School Administrator
Rationale:
The State of California has declared the second full week of October as the “Week of the School Administrator” in Education Code 44015.1.  As the Board of Education of the Morgan Hill Unified School District values its leadership, just as it values its teachers and other support staff, the Board, by adopting the attached resolution, would like to take this opportunity to express its gratitude for the fine work of its administrative team by joining other districts in the State in proclaiming October 11 - 17, 2020 as “Week of the School Administrator.”
 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent of Human Resources
Attachments:
200915 Week of School Administrator Reso
I.3.c. Approve personnel action to employ, re-employ, promote, reassign, accept resignation, accept retirement, and authorize related compensation
Rationale:
See attached
 
Financial Impact:
Included in adopted budget
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
200915 Personnel Order
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from the Regular Board meeting of September 1, 2020
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
200915 Meeting Minutes September 1, 2020
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Charter School Annual Review (6:40 PM)
Rationale:
In accordance with California Education Code Section 47604.32, a charter authorizing entity must ensure that each charter school under its authority complies with all reports required of charter schools by law and monitor the fiscal condition of each charter school under its authority. Morgan Hill Unified School District is the authorizer of the Charter School of Morgan Hill established by the South Valley Charter School Corporation since 2001. 

South Valley Charter School Executive Director Paige Cisewski and Principal Susan Pfefferlen will present their annual report to the Board of Trustees.
 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
200915 CSMH Annual Report
J.2. Summer School Report Out (7:20 PM)
Rationale:
Summer School Principals Darren McDonald (Kinder- 8th grade) and Chris Thompson (High School) will provide a report on the 2020 virtual summer school programs. Virtual summer school hosted: English Learners, Migrant Education, Special Education and credit recovery summer school sessions for students as well as high school Special Education programs.
 
Comments:
Submitted by: 
Darren McDonald, Summer School Principal Kinder- 8th grade
Chris Thompson, Summer School Principal High School
Victoria Sorensen, Director Equity Programs
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
200915 Summer School Presentation
J.3. MHUSD's 2020-2021 Learning Program Status, Current Public Health Orders, and Waiver Options (7:40 PM)
Rationale:
A new COVID-19 county-by-county colored tier status system was created at the State level on August 28th, 2020. COVID-19 restrictions are identified by tier colors. Because Santa Clara County moved to Tier 2 (Red) on September 8, 2020, schools in Morgan Hill, like all others in the rest of Santa Clara County, are eligible for reopening after September 22, 2020.  Depending on transmission indicators, the County will stay at Tier 2 status until the State moves Santa Clara County into Tier 3 (Orange) or back into Tier 1 (Purple). If staying in the Tier 2 or better, schools in the County are eligible to return to in-person instruction on September 23, 2020. However, eligibility does not mean schools are required to return to in-person instruction. Although County Public Health could now approve a plan for in-person instruction, neither the county, nor the State makes the actual determination for in-person instruction in a district even if schools in a county are eligible. Each district makes its own determination of whether or not to return to in-person instruction, and if so, also when schools would return to in-person instruction. Schools must follow the Cal/OSHA COVID-19 General Checklist for Schools and School-Based Programs if opening for in-person instruction.

Although we are encouraged by the recent status change for Santa Clara County as it gives hope for the possible return of students to the classroom somewhere on the horizon, we will not make a determination to reopen without considering many factors. Such considerations include input from our employees and parents, and the additional restrictions and processes imposed by the State and County. Also, an important consideration will be the potential disruption to instruction given the possibility of returning to in-person instruction, but then having to return to distance learning if the County falls back into the Purple Tier 1.

Our current plan enabled us to open up the year with distance learning and that is our current status until formally changed. We committed to revisit the conditions and orders to evaluate whether to continue distance learning or go back to in-person at the first grading period. We knew that if the virus was controlled, a possible return to school might be considered for the second quarter, the second trimester, or the second semester. Those milestone academic terms make instructional sense as they would be a logical grading period transition.

In more restrictive Purple Tier 1 identified counties, the State allows county health officers, after consulting with state public health officials, to permit K-6 schools to open where schools are currently closed to in-person instruction because of high rates of infection and other coronavirus-related criteria. To achieve a waiver, schools must submit plans assuring that health protocols would be followed, including social distancing, face coverings and testing. Considering the changed restrictions and monitoring under the new State monitoring system, some schools throughout California who were granted waivers by their county public health department have abandoned their waiver applications or waiver status once the county's status changed from purple to red, such as the status change in Santa Clara County. 

The Board will hear and consider input from employees and the community about the new State COVID-19 monitoring process and District options and may provide direction to staff for next steps. 

 
Comments:
Submitted by:
Steve Betando, Superintendent 
J.4. Approve 2019-20 Unaudited Actuals for the General Fund and Restricted Non-General Funds (8:20 PM)
Rationale:

In accordance with Education Code Section 42100, the Board of Education must approve the Unaudited Actuals Financial Report, which reflects the prior year activity and ending fund balances.  These reports are subsequently filed with the Santa Clara County Office of Education and audited by the District's independent auditing firm, Eide Bailly LLP, and presented to the Board no later than January 30, 2021 as Audited Actuals.

For the fiscal year ending June 30, 2020, the unappropriated General Fund balance is $25,040,013.  For the fiscal year ending June 30, 2021, the unappropriated General Fund balance is projected to be $23,315,903.  Included in both years are set-asides for the required 3% Reserve for Economic Uncertainties and carryover. 

When the Board approved the 2020-21 Adopted Budget, the beginning fund balances represented an estimate of the ending fund balance for 2019-20.  Now that the District has closed the prior fiscal year, the 2020-21 Budget has been updated to reflect the actual beginning fund balances.

 
Financial Impact:

 


Comments:
Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
200910 2019-20 Unaudited Actuals - Narrative to the BOE
200915 2019-20 First Interim - SACS report Form 11
200915 2019-20 Unaudited Actuals Fiscal Summary
200915 2019-20 Unaudited Actuals SACS Form 01
200915 2019-20 Unaudited Actuals SACS Form 12
200915 2019-20 Unaudited Actuals SACS Form 13
200915 2019-20 Unaudited Actuals SACS Form 14
200915 2019-20 Unaudited Actuals SACS Form 17
200915 2019-20 Unaudited Actuals SACS Form 20
200915 2019-20 Unaudited Actuals SACS Form 21
200915 2019-20 Unaudited Actuals SACS Form 25
200915 2019-20 Unaudited Actuals SACS Form 49
200915 2019-20 Unaudited Actuals SACS Form 51
200915 2019-20 Unaudited Actuals SACS Form CA
J.5. Public Hearing: Resolution regarding sufficiency of textbooks and instructional materials (8:40 PM)
Rationale:
Public Hearing
In order to comply with Educational Code 60119 (c) requirements, a public hearing is held regarding the sufficiency of textbooks and instructional materials.  The district has posted a public hearing notice ten days prior to the public hearing in at least three public places.  The sufficiency of textbooks and instructional materials mean that every student has a textbook or instructional material to use in class and to take home to complete required homework assignments.
 

The Board will adopt the resolution at the October 6, 2020 REGULAR meeting.

 
Comments:
Submitted by: 
Glen Webb, Director Curriculum, Instruction & Assessment
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
200915 Resolution for Sufficiency of Instructional Materials
200915 Williams_Barrett
200915 Williams_Britton
200915 Williams_Central
200915 Williams_El Toro
200915 Williams_Jackson
200915 Williams_Live Oak
200915 Williams_Los Paseos
200915 Williams_Martin Murphy
200915 Williams_Nordstrom
200915 Williams_PA Walsh
200915 Williams_PVEA
200915 Williams_SMG
200915 Williams_Sobrato
J.6. Board Self-Evaluation Survey and Process (8:50 PM)
Rationale:
MHUSD Bylaw 9400 stipulates that “[the]Governing Board shall annually conduct a self-evaluation in order to demonstrate accountability to the community and ensure that district governance effectively supports student achievement and the attainment of the district's vision and goals.” Per the Board bylaws, any discussion of Board self-evaluation must take place during an open session meeting. The Board will review and discuss a proposed self-evaluation survey as well as a proposed self-evaluation procedure and timeline.  These documents were developed by Trustees Gilliard, Gittens, and Sullivan for full Board consideration and ultimate approval.
 
Comments:
Submitted by:
Jeanne Gilliard, Board Trustee
Wendy Sullivan, Board Vice-President
Carol Gittens, Board President
Attachments:
200915 MHUSD Board Self Eval Process
200915 MHUSD Board Self Evaluation Survey
J.7. New business: future agenda items / recognitions (9:20 PM)
K. PUPIL DISCIPLINE
L. ADJOURNMENT (9:30 PM)
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, October 6, 2020, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, October 2, 2020.
 
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: September 11, 2020, 4:24 PM

The resubmit was successful.