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Regular Board of Education Meeting - Closed Session 4:30 PM
Morgan Hill USD
October 06, 2020 6:00PM
ZOOM Topic: Board of Education Regular Meeting Time: Oct 6, 2020 4:30 PM Closed Session 6:00 PM Open Session Join Zoom Meeting https://us02web.zoom.us/j/84852464858 Meeting ID: 848 5246 4858 One tap mobile +16699009128,,84852464858# US (San Jose) +12532158782,,84852464858# 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) +1 312 626 6799 US (Chicago) +1 646 558 86

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 (4:30 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.6.b. EL 20/21-001 vs Morgan Hill Unified School District Case No 20CV369396
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. 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 (6:05 PM)
D.1. National Merit Scholarship Recognition – Live Oak High School and Ann Sobrato High School Students
Rationale:
Morgan Hill Unified School District is proud to recognize Kalysta Primeau and Grace Taira of Live Oak High School and August Hogen-Esch, Sanik Malepati, Jordan Myhre, Alexis Tran and Saskia Vaillancourt of Ann Sobrato High School, for being named as a Commended Student in the 2021 National Merit Scholarship Program from the College Board.  About 34,000 Commended Students throughout the nation are being recognized for their exceptional academic promise.  Commended students are among the top 5% of more than 1.5 million students who entered the 2021 competition by taking the 2019 Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT). These students have demonstrated outstanding potential for academic success.  

We are further pleased to recognize Trevor Myhre of Ann Sobrato High School on being named as a Semifinalist for the National Merit Scholarship Program.  Trevor is one of 16,000 students being recognized nationally, and will now continue in the National Merit Scholarship competition, which will award 7,600 scholarships worth approximately 30 million dollars. These semi-finalists are the highest scoring entrants in each state and represent less than 1 percent of each state’s high school seniors.

Congratulations to these fine young students who are excellent representatives of the Morgan Hill Unified School District.
 
Comments:
Submitted by:  
Tanya Calabretta, Principal, Live Oak High School 
Theresa Sage, Principal, Ann Sobrato High School 
Pilar Vazquez-Vialva, Assistant Superintendent, Educational Services 
E. ADOPTION OF AGENDA (6:15 PM)
F. APPROVAL OF CONSENT CALENDAR (6:17 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 (6:20 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 (6:30 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. Adopt resolution approving addendum #4 to the 2018-19 Facilities Use Agreement with Charter School of Morgan Hill extending the current agreement through June 30, 2022
Rationale:
Proposition 39 provides for an allocation of district facilities to a charter school that makes a timely request and is eligible under the statute and regulations for use of district facilities. Facilities are allocated based upon the charter school’s in-district average daily attendance. 

The District entered into a Facilities Use Agreement with Charter School of Morgan Hill (CSMH) for the 2017-18 school year. On June 5, 2018, the Board approved Addendum #1 extending the term of the Facilities Use Agreement for the 2018-19 school year, again on October 16, 2018 extending the term of the Facilities Use Agreement for the 2019-20 school year with Addendum #2, and once again on October 1, 2019 with Addendum #3 extending the term for the 2020-21 school year.

The District and CSMH determined it would be mutually beneficial to extend the current Facilities Use Agreement through 2021-22. Staff recommends approval of Addendum #4.

 
Financial Impact:
Pursuant to the Agreement, the District will receive a 3% oversight fee in exchange for providing "rent-free" facilities. This is approximately $161,400 annually
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Steve Betando, Superintendent
Attachments:
201006 CSMH Addendum
I.1.b. Annual GO Bond Debt pursuant to SB 1029
Rationale:
Existing law requires issuers of public debt to provide information to the California Debt Investment Advisory Commission (CDIAC) both at the time the debt is proposed and at the time the debt is sold. Specifically, Government Code Section 8855(i) requires issuers to report to CDIAC no later than 30 days prior to the sale of debt their intent to issue debt. Government Code Section 8855(j) requires issuers to report to CDIAC on the final sale no later than 21 days after the sale.

Senate Bill 1029 (SB 1029), which went into effect on January 1, 2017, revises the Government Code to require additional reporting requirements related to the issuance of debt by a local agency. SB 1029 amends Government Code Section 8855 to place additional reporting obligations on the issuers of public debt in California. As amended, Section 8855(k) now requires state and local debt issuers who have submitted a report of final sale to CDIAC to subsequently submit an annual debt report. The annual debt report must include, at a minimum, the amount of debt authorized, the debt outstanding, and the use of proceeds of the issued debt during the reporting period.

Only Measure G Series B was issued after January 1, 2017 and is under the new requirements. The attached report was submitted to CDIAC and is submitted as information to the Board in accordance with the District’s debt policy adopted on August 1, 2017

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Business Officer
Steve Betando, Superintendent
Attachments:
201006 Annual Debt Transparency Report
I.1.c. 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:
201006 Donations
I.2. EDUCATIONAL SERVICES
I.2.a. Approve Special Education contracts in the sum of $105,582 and reduction of $102,102
Rationale:
The Department of Special Education requests approval of the following 2020-21 Special Education contracts for Morgan Hill Unified School District.

Ed Theory

Remove one Speech Language Pathologist from 9/16/20 to the end of the 2020-21 school year


-$102,102

Second Start/Pine Hill School

Non-Public School for one student

$105,582.00

The specific nature of the student’s needs requires an outside provider to deliver the services on the IEP

 
Financial Impact:
Approve Special Education contract in the sum of $105,582 and a reduction of $102,102
Comments:
Submitted by:
Rebecca O'Brien, Director Special Education
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
Ed Theory Amendment
I.2.b. 1st Quarterly Report 2020-2021 on Williams Uniform Complaints, July 1, 2020 – September 30, 2020, 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 1st quarterly report for 2020-2021 is attached.

No complaints were filed in any of the subject areas.
 
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
201006 Williams Quarterly Report Q1
I.2.c. Adopt resolution to approve the 2020-21 Child Development Services Agreement with the California Department of Education for California State Preschool Program CSPP-0575
Rationale:
Attached is information regarding the 2020-2021 Child Development Services Contract submitted by the California Department of Education.  The Morgan Hill Unified School District and the California Department of Education have maintained a contractual relationship for child development services for the purpose of serving the eligible preschool population students in the community based on family income requirements.  Submitted for Board approval is Contract CSPP-0575, State Preschool. This contract is effective from July 1, 2020 through June 30, 2021.  Annually, the Board of Education must review and approve these contracts. 

The encumbrance of $294,763 will be used for the benefit of Child Care and Development Programs, serving pre-school aged children for the Child Development Program.  All funds to operate this program are provided by the California Department of Education’s State Child Development Program.
 
Financial Impact:
The district receives an indirect service cost from these monies of $16,710.93
Comments:
Submitted by:
Victoria Sorensen, Director Supplemental Programs
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
201006 CDC CSPP 0575 Resolution
201006 CSPP 0575 CDE agreement
I.3. HUMAN RESOURCES
I.3.a. Approve personnel action to employ, re-employ, promote, reassign, accept resignation, accept retirement, and authorize related compensation
Rationale:
See attached
 
Financial Impact:
Included in adopted budget
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
201006 Personnel Order
I.3.b. Adopt resolution to approve revised 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, if the code needs to be amended. Amended codes are due to the Santa Clara County Office of the County Counsel by October 31, 2020. 

Staff has reviewed the District's current Board Bylaw 9270, made revisions as recommended by the Santa Clara County County Office of County Counsel, and ensured compliance with California School Board Association's recommendations. The revised bylaw includes actual position titles of designated positions. 

Board members had an opportunity to review the Conflict of Interest Code including Appendix of Designated Employees and Disclosure Categories at the September 15, 2020 meeting. The Office of the County Counsel of Santa Clara County has reviewed the proposed revisions and suggested a few minor edits, which are now included in the attached. 

Following Board approval, this Code will be sent to the Santa Clara County Office of County Counsel for submission to the County Board of Supervisors for 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 Supervisors is the code-reviewing body.

 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
201006 Conflict of Interest Code Amendment
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from the Regular Board meeting of September 15, 2020
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
201006 Meeting Minutes September 15, 2020
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. School Linked Services Presentation (6:50 PM)
Rationale:
The Santa Clara County Behavioral Health Services Children, Youth and Families
Family & Children’s Services Division oversees the County's School Linked Services (SLS) Program. SLS provides mental health treatment services County-wide and has established grants for individual school districts, including MHUSD. Representatives from County Behavioral Health along with service providers to Morgan Hill Schools including Rebekah Children’s Services (RCS) and Community Solutions will provide some history of the program, describe how the program interfaces with District's support of students and families, and present prior year data on activities. Representatives from SCC Behavioral Health Catherine Aspiras, Guadalupe Ramirez, and Daniel Cao will present information and help recognize the fine work of Julie Duran and the CARE team under the leadership of Jessica Swift for SLS in the Morgan Hill community.
 
Comments:
Submitted by:
Steve Betndo, Superintendent
Attachments:
201006 SLS 2019-20 Q4 MHUSD District-Level Snapshot
201006 SLS Presentation
J.2. Student Nutrition Update (7:20 PM)
Rationale:
Michael Jochner, Director of Student Nutrition, and Patty Cattoor, Supervisor of Student Nutrition, will present on the Student Nutrition Department
 
Comments:
Submitted by:
Patty Cattoor, Supervisor Student Nutrition
Michael Jochner, Director Student Nutrition
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
201006 Student Nutrition Update
J.3. Accept 2019-20 Personnel Commission annual report (7:50 PM)
Rationale:

Per Education Code 45266, "The personnel director shall be responsible to the commission for carrying out all procedures in the administration of the classified personnel in conformity with this article and the rules of the commission, and shall be free of prejudgment or bias in order to ensure the impartiality of the commission. He or she shall also act as secretary of the commission and shall prepare, or cause to be prepared, an annual report which shall be sent by the commission to the governing board."

In accordance with this provision in the Education Code, staff has prepared the 2019-20 Annual Report which provides a summary of the work completed by the Personnel Commission staff, including the hiring activities for classified personnel, and recognizing those who have retired from the school district.

Annually, commissioners take a few moments to present the annual report to the governing board.

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
201006 Personnel Commission Annual Report 2019-20
J.4. Adopt Resolution regarding the sufficiency of textbooks and instructional materials (8:10 PM)
Rationale:
In order to comply with Educational Code 60119 (c) requirements, a public hearing was held on September 15, 2020 regarding the sufficiency of textbooks and instructional materials. The district had 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 means that every student has a textbook or instructional material to use in class to take home to complete required homework assignments or that there is an existing purchase order for those materials. At the September 1 Board meeting, Live Oak, Jackson, Paradise and El Toro reported pending shipments that have all been received and each principal has provided an updated attestation of sufficient instructional materials. 
 
Comments:
Submitted:
Glen Webb, Director Curriculum, Instruction and Assessment
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
201006 El Toro Affirmations of Williams Settlement Compliance
201006 Jackson Affirmations of Williams Settlement Compliance
201006 Live Oak Affirmations of Williams Settlement Compliance
201006 Paradise Affirmations of Williams Settlement Compliance
201006 Resolution for Sufficiency of Instructional Materials
J.5. Update on the changes to the Comprehensive Support and Improvement program related to the impact of Covid-19 (8:20 PM)
Rationale:
The Morgan Hill Unified School District is currently participating the Comprehensive Support and Improvement program to address graduation rates. The Director of Curriculum, Instruction and Assessment will provide the Governing Board with an update of the changes to the Comprehensive Support and Improvement program related to the impact of Covid-19. The update will include projected graduation rates for the class of 2020 in the absence of an updated California Public School Dashboard.
 
Comments:
Submitted:
Glen Webb, Director Curriculum, Instruction and Assessment
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
201006 Update Comprehensive Support and Improvement Graduation rate report
J.6. Approve Proposition 15 Resolution (8:40 PM)
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
201006 Proposition 15 Resolution
J.7. New business: future agenda items / recognitions (8:50 PM)
K. PUPIL DISCIPLINE
L. ADJOURNMENT (9:00 PM)
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, November 3, 2020, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, October 30, 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: October 2, 2020, 2:13 PM

The resubmit was successful.