The items are obsolete: 

Fourteen (14) Salad Bars

Ford 5610 tractor & loader

Ford 4630 with mower

1990 Ford Ranger

1989 Dodge Dakota

Eight (8) Buses

In accordance with Education Code Section 15278(b), the Citizens’ Oversight Committee responsibilities are:

• Inform the public concerning the District’s expenditure of Measure G bond proceeds;
• Review expenditure reports produced by the District to ensure that Measure G bond proceeds were expended only for the purposes set forth in Measure G; and
• Present to the Board of Education in public session, an annual written report outlining their activities and conclusions regarding the expenditure of Measure G bond proceeds.

The following committee positions need to be appointed: 1) At Large Community Member, 2) Tax Payer Organization Member, and 3) Senior Citizen Group Member. The available committee positions were advertised on the District’s website and social media account.

After reviewing the application received, Staff recommends the following people be appointed for the term of January 2021 – January 2023:

• Senior Citizen Group Member: Jeanne Gilliard
• At Large Community Member: Larry Carr

On October 20, 2020, the Board approved increasing the scope and budget for the Student Union and Administration Building. As a result of the increased scope, the construction budget is now $25,343,895. 

Staff recommends approving the amendment to LPA's agreement and an amended contract value of $2,271,523. The design fees are based on the Office of Public School Construction's (OPSC) sliding scale for design services and the amended contract value is already included in the overall project budget. 

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 18, 2021)

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 15, 2021) 

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 16, 2021)

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 12, 2021)

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, 2021)

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. 

Attached is a comprehensive list of additional days of commemoration. 

A certificated seniority list is annually updated and brought to the Board of Education for approval.  In the event of any layoffs due to a reduction in force or reduction in particular kinds of service, the seniority list is used to determine which personnel are notified, per Ed Code.

It is recommended that the Governing Board of the Morgan Hill Unified School District adopt the attached certificated seniority list.

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 2020

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 2021

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 19, 2021 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 2, 2021 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 2, 2021 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 2, 2021

7.  Notify via personal delivery and/or certified mail, the affected certificated employees that their services will no longer be needed. This is also the statutory deadline for any probationary employees to be notified of non-reelection.

Timeline: by March 15, 2021

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, 2021

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 20, 2021. 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, 2021

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, 2021

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 15, 2021

The District has engaged the firm of Eide Bailly LLP (previously Vavrinek, Trine, Day and Co., LLP), to audit the District’s financial records. Joyce Peters ,Partner, will present the audit report to the Board.

The District began its search for a qualified candidate to become its new superintendent of schools to start on July 1, 2021. At its December 15, 2020 Meeting, the Governing Board authorized a proposed timeline for the search along with a Request for Proposal (RFP) process and document to seek services of an executive search firm or individual with experience in the recruitment and selection of superintendents.

A Superintendent Search webpage is now linked to the District's website and can be accessed here: https://www.mhusd.org/superintendent-search-2021. As the process continues, new information will be added to the webpage. 

The Superintendent Search agenda item will continue as a standing item on the agenda on the Regular Agenda for discussion as needed.

In order to accommodate the proposed intersection improvements for Phase 2 of the Hale Extension project, a public service easement and street right-of-way are needed from the property located on the northeast corner of the intersection which is owned by the Morgan Hill Unified School District (former a VTA park & ride lot). The Public Service Easement allows for the undergrounding of overhead electric, cable, and telephone lines, while the right-of-way acquisition will allow for the widening of West Main Avenue to allow for a dedicated right turn lane from westbound Main Avenue to northbound Hale Avenue.

Education Code Section 17556 allows for the dedication of the easement by the District with a two-step process. Education Code Section 17557 provides that the District may dedicate the easement only if the Board first adopts a resolution declaring its intention to dedicate the easement in a regular open meeting by a two-thirds vote. This occurred at the June 16, 2020 Board meeting. After adopting a Resolution of intention to dedicate the easement and prior to the final approval of the Resolutions, Education Code Section 17558 requires the District provide notice of the public hearing and adoption of a resolution to dedicate the easement. The District provided notice of the public hearing in the San Jose Post Record and other public locations.

The Board of Education will hold a public hearing to receive any comments from the general public concerning this matter.

In order to accommodate the proposed intersection improvements for Phase 2 of the Hale Extension project, a public service easement and street right-of-way are needed from the property located on the northeast corner of the intersection which is owned by the Morgan Hill Unified School District (former a VTA park & ride lot). The Public Service Easement allows for the undergrounding of overhead electric, cable, and telephone lines, while the right-of-way acquisition will allow for the widening of West Main Avenue to allow for a dedicated right turn lane from westbound Main Avenue to northbound Hale Avenue.

Education Code Section 17556 allows for the dedication of the easement by the District with a two-step process. Education Code Section 17557 provides that the District may dedicate the easement only if the Board first adopts a resolution declaring its intention to dedicate the easement in a regular open meeting by a two-thirds vote. This occurred at the June 16, 2020 Board meeting. After adopting a Resolution of intention to dedicate the easement and prior to the final approval of the Resolutions, Education Code Section 17558 requires the District conduct a public hearing which was completed earlier this evening.

Staff requests Board approval of the attached Resolution and Property Purchase Agreement granting a public service easement to the City of Morgan Hill for public utilities and granting fee title for the right-of-way improvements for a portion of the property located on the corner of Hale Avenue and Main Avenue.

Proposition 51 (November 2016 Public School Facility Bonds) included $500 million for the Career Technical Education Facilities Program (CTEFP) which provides funding to qualifying school districts for the construction of new facilities, modernization or reconfiguration of existing facilities, and equipment to integrate Career Technical Education (CTE) programs into comprehensive high schools. 

On September 18, 2018, the Board approved a resolution supporting the District’s submission of a Career Technical Education Facilities Program Application for Ann Sobrato High School in the Agriculture Mechanics pathway. The Career Technical Education Facilities Program Application proposed construction of a new 7,000 sq./ft. classroom building at an estimated cost of $6,131,211 (January 2019 estimate). The proposed building included a lecture hall for 30 students and two concurrent workshop spaces where students would design, form and fabricate, and test and finish products. Also included was an outdoor learning space and extension areas for materials and equipment. The program goals were to serve 450 students and have 3.0 FTE of staffing within five years of the project’s completion. The full grant application is attached for reference.

On January 24, 2019 the District was informed that its Application had received a qualifying score and on September 30, 2020 the District received notification it has been awarded $3,000,000, the maximum grant amount, from the CTEFP. If the District would like to continue to pursue the CTEFP grant, it would need to apply for the next priority funding round (May 12, 2021 – June 10, 2021). Applying in the next priority funding round would convert the District’s application status from “unfunded” to “funded”. The District would then have to submit to California Department of Education and the Division of State Architects approved plans and specifications within 12 months of the date of the State Allocation Board’s apportionment of the $3,000,000 grant or the grant would be automatically rescinded.

Discussion

Since the submission of the grant application in 2018, there has been a significant number of changes that warrant further consideration determining if it is in the best interest of the District to continue to pursue the CTEFP grant. Namely:

• The District simultaneously submitted two CTEFP grants for Sobrato: 1) Machining and Forming Tech and 2) Ag Mechanics. Only the Ag Mechanics grant application scored high enough to receive funding. Having two grants would have provided for facility and cost efficiencies that are greatly reduced with only one grant awarded.
• In consultation with the site administration, serving 450 students is overly ambitious since nearly all students who attend Sobrato would have to select into Ag Mechanics electives. By way of example there is only period of Ag Mechanics in the Spring 2021 schedule. Also, recruiting a certificated teacher who has welding experience and certifications has been extremely challenging, therefore increasing staffing from 0.20 FTE to 3.0 FTE in this pathway would be difficult.
• In consideration that the District has to fund the difference between the expected cost of $6.1M (estimate in January 2019) and the $3M grant, it is a significant cost especially given competing demands for Measure G resources.
• In meeting with site staff, a major obstacle for the expansion of the welding program has been the number of work stations in the current building. If the number of work stations could be increased that would allow for the expansion of the welding program within the current facility. Staff has budgeted $500,000 from Measure G, Series B to expand the number of workstations; however, these modifications are on hold pending the Board’s determination this evening of how best to proceed.

After meeting with site leadership, District staff, and the architect, as well as consideration of the program and student needs, it was determined that the best option would be to modernize the existing facility rather than construct a new facility. Therefore, staff recommends declining the CTEFP grant for the Agriculture Mechanics pathway. While not proceeding with the CTEFP grant is disappointing, Site and District staff are confident that the Ag Mechanics program and students needs will be meet by modifying the existing building and adding the additional workstations.

In consideration of potentially not proceeding with the CTEFP grant for Sobrato, District staff and facility consultants met with California Department of Education to determine if the CTEFP grant could be modified so that the grant funds could be used to support CTE within the District in other ways. Ideas which were considered included changing the CTE pathway, modifying the number of students served, or changing the location to another campus. California Department of Education stated that these changes are all material revisions, as opposed to change of scope, which would require the District to submit a new Career Technical Education Facilities Program Application.

California law (see Government Code language below) requires that items to be negotiated be “sunshined,” or brought to light for the public, and that the Board of Education provides an opportunity for public comment before approving the opening of such negotiations.  

Per Board Policy 4243.1, "After the public has had an opportunity to provide input, the Board shall adopt its initial proposal at a public meeting."

Attached are joint contract openers with Morgan Hill Classified Employees Association and the Morgan Hill Unified School District. These openers are general, have been reviewed with MHCEA president and District staff, and cover all articles of the current contract. Following the acceptance of these openers, the teams for MHCEA and MHUSD will begin negotiations.

Government Code Section 3547.
(a) All initial proposals of exclusive representatives and of public school employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the public school employer and thereafter shall be public records.
(b) Meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer.
(c) After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, adopt its initial proposal.
(d) New subjects of meeting and negotiating arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on such subject by the public school employer, the vote thereon by each member voting shall also be made public within 24 hours.
(e) The board may adopt regulations for the purpose of implementing this section, which are consistent with the intent of the section; namely that the public be informed of the issues that are being negotiated upon and have full opportunity to express their views on the issues to the public school employer, and to know of the positions of their elected representatives.

Government Code Section 3547.5.
(a) Before a public school employer enters into a written agreement with an exclusive representative covering matters within the scope of representation, the major provisions of the agreement, including, but not limited to, the costs that would be incurred by the public school employer under the agreement for the current and subsequent fiscal years, shall be disclosed at a public meeting of the public school employer in a format established for this purpose by the Superintendent of Public Instruction.
(b) The superintendent of the school district and chief business official shall certify in writing that the costs incurred by the school district under the agreement can be met by the district during the term of the agreement. This certification shall be prepared in a format similar to that of the reports required pursuant to Sections 42130 and 42131 of the Education Code and shall itemize any budget revision necessary to meet the costs of the agreement in each year of its term.