banner

Regular Board of Education Meeting - Closed Session 5:00 PM
Morgan Hill USD
August 17, 2021 6:00PM
The meeting will be held via Zoom for all participants, as well as in-person in the MHUSD Board Room for the Executive Staff, Trustees and up to 25 members of the public. The Educational Services Training Room will also be available for overflow for up to 25 members of the public. Masks and fully vaccinated members of the public are welcome to attend. The link to the ZOOM meeting is below and posted to the website.  Topic: Board of Education Regular Meeting Time: Aug 17, 2021 5:00 PM

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 (5:00 PM)
A.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a) of Government Code §54956.9
A.3.a. EL 21/22-001 OAH Case Number 2021060884
A.4. 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: Dr. Carmen Garcia, and Superintendent, Designated representative: Karen Rezendes, Lozano Smith
A.5. PUBLIC EMPLOYEE-DISCIPLINE / DISMISSAL / RELEASE / REASSIGNMENT / COMPLAINT (Government Code § 54957 and 54957.1)
A.6. RECONVENE TO PUBLIC SESSION
B. CALL TO ORDER / PLEDGE OF ALLEGIANCE
C. INTRODUCTION OF BOARD MEMBERS AND STAFF
D. CLOSED SESSION ACTION REPORT (Government Code § 54957.1)
E. RECOGNITIONS / PRESENTATIONS
F. ADOPTION OF AGENDA
G. APPROVAL OF MINUTES
G.1. Approve the Minutes from the Special Board Meeting of April 19, 2021, April 24, 2021, April 25, 2021, April 30, 2021 and the Regular Board Meeting of August 3, 2021
Comments:
Submitted by:
Dr. Carmen Garcia, Superintendent
Attachments:
210817 Meeting Minutes August 3, 2021
210817 Special Meeting Minutes April 19, 2021
210817 Special Meeting Minutes April 24, 2021
210817 Special Meeting Minutes April 25, 2021
210817 Special Meeting Minutes April 30, 2021
H. PUBLIC COMMENT / COMMUNICATIONS
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.
 
I. COMMUNICATIONS
I.1. Reports: Superintendent / Staff
I.2. Reports: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association
I.3. Reports: Board Members
I.4. Calendar: Upcoming Events
J. CONSENT ITEMS
J.1. BUSINESS SERVICES
J.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. 2019-20 Reso 041) 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.

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
210817 MHUSD Signed Contracts - July 2021
J.1.b. Approve Extension of the Contract with Gold Star Foods for Food Products for 2021-22
Rationale:
The Student Nutrition Department solicited bids for the purchase of various food products and supplies for the Department. The Board awarded the contract to Gold Star Foods on August 20, 2019.

The initial term of the bid was one year; however, the bid documents allow the District to extend this bid for two additional one year terms with all other terms and conditions remaining the same for a total contract term of three years maximum.

Staff recommends approval for the second renewal of the contract with Gold Star Foods.

 
Financial Impact:
Estimated $700,000 from Student Nutrition Department Budget
Comments:
Submitted by:
Michael Jochner, Director Student Nutrition
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
210817 SY2021-22 Gold Star Renewal
J.2. EDUCATIONAL SERVICES
J.2.a. Approve Consolidated Application and Reporting System Report for Funding Categorical Aid Programs for the 2021-22 School Year
Rationale:
The Consolidated Application and Reporting System (CARS) is used by the California Department of Education (CDE) to distribute funds from various state and federal programs to county offices, school districts, and direct-funded charter schools throughout California.  Local Educational Agencies (LEA) use the CARS to electronically apply for, manage, report and provide assurances that the district will comply with the legal requirements related to specific formulas driven by state and/or federal programs. The system is also used by the CDE program staff and fiscal services to collect financial and participation data to ensure compliance with state and federal regulation and guidance in the use of the funds.

CARS is a three-part application and reporting process with reports due in the winter, summer, and fall.  The MHUSD CARS was presented to the District English Language Advisory Committee (DELAC) on August 2, 2021.  A copy of the Consolidated Application and Reporting System report is attached for review.
 
Comments:
Submitted by:
Victoria Sorensen, Director Secondary Education 
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
210817 CARS report
J.2.b. Approve Special Education Contracts and Amendments in the Sum of $429,636.84
Rationale:
The Department of Special Education requests approval of the following 2021-2022 Special Education contracts for Morgan Hill Unified School District.

Morgan Autism Center – NPS schooling for one student for the 2021-22 school year

$124,073.72

Three Points Center – Residential facility for one student for the 2021-22 school year

$171,698.62

Therapy Travelers, LLC - Amendment to contract to add one Speech Language Pathologist for the 2021-22 school year


$133,864.50

 
Financial Impact:
Special Education contracts are included in the adopted budget
Comments:
Submitted by:
Rebecca O'Brien, Director Special Education
Pilar Vazquez-Vialva, Assistant Superintended Education Services
J.2.c. Adopt resolution to approve the 2021-22 Child Development Services Agreement with the California Department of Education for California State Preschool Program CSPP-1566
Rationale:
Attached is information regarding the 2021-2022 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-1566, State Preschool. This contract is effective from July 1, 2021 through June 30, 2022.  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 $19,643.53
Comments:
Submitted by:
Victoria Sorensen, Director of Secondary Education
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
210817 CSPP 1566
210817 CSPP 1566 Resolution
J.2.d. Approve Agreement for Child Care Services with Catalyst Family Inc. for Participation in District Preschool Programs at El Toro, P.A. Walsh and Nordstrom Child Development Centers
Rationale:
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 students in the community based on family income requirements.  

This agreement allows the District to continue contracting services with Catalyst Family Inc., a private, non-profit statewide child care agency, as authorized by the California Department of Education to operate a State Preschool Program at El Toro, Nordstrom, and Walsh from July 1, 2021 to June 30, 2022.  All funds to operate this program are provided by the California Department of Education’s State Child Development Program and is incorporated in this agreement.
 
Financial Impact:
There is no cost to the general fund for this program.  The district receives an indirect service cost from CSPP-1566 of $19,643.53
Comments:
Submitted by:
Victoria Sorensen, Director of Secondary Education
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
210817 Catalyst
J.3. HUMAN RESOURCES
J.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:
210817 Personnel Order
K. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
K.1. Approve Agreement and Adopt Resolution for the Transition Partnership Program Cooperative Agreement
Rationale:
The Cooperative Contract will jointly serve mutual clients receiving services from Morgan Hill Unified School District and the Department of Rehabilitation (DOR) branch in Gilroy, CA. High Schools served will be Ann Sobrato High School, Central High School, students accessing Loretta Bonfante Johnson Education Center, and Live Oak High School. Individuals to be served are high school students, transitioning young adults and adult students/graduates who are DOR clients/TPP students who have a variety of disabilities (IEP, 504 plan, or diagnosed disability). Work experience and employment services will typically be provided in the junior/senior year and continue after graduation through this contract agreement. Services may be delivered in an individual setting, within a classroom, or in the community.

Positions will funded/partially funded through the program - a 1.0 FTE (.70 through TPP) Job Training Coordinator, a 1.0 FTE (.75 through TPP) Job Developer, and a 1.0 FTE Vocational Technician. 

A total of $200,965 each year for 2021-22, 2022-23 and 2023-24 from the Department of Rehabilitation to the District will support staff and operating expenses to this program.
 
Financial Impact:
$200,965 grant for each of the 2021-22, 2022-23, 2023-24 school years with the Department of Rehabilitation plus district in-kind support.
Comments:
Submitted by:
Rebecca O’Brien, Director of Special Education
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
210817 TPP Agreement 31659
210817 TPP Resolution
K.2. Adopt Resolution to Approve Assignment per Education Code Sections 44258.2
Rationale:
California Education Code 44258.2 expands the authorization for the holder of a Single Subject Credential to teach in a departmentalized setting below grade 9:

“The governing board of a school district by resolution may authorize the holder of a multiple subject or single subject credential to teach any subject in departmentalized classes to a given class or group of students below grade 9, provided that the teacher has completed at least 12 semester units, or six upper division or graduate units, of coursework at an accredited institution in each subject to be taught. The authorization shall be with the teacher’s consent.”

The following teacher has the requisite units and has agreed to the following assignment:

Name

Site - # of sections

Credential Held

Assignment

James Green

Britton (1)

PE 7-12

PE 6

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
210817 Ed Code Assignment Resolution 44258.2
K.3. Adopt Resolution to Terminate from the California Public Employees’ Retirement System’s Medical and Hospital Care Act for All Eligible Employees
Rationale:
Representatives from all three labor groups and from Human Resources form a Health Benefits Committee (“HBC”) that meets quarterly to review open enrollment materials and process (fall), patterns and changes of employees’ selections (winter), and updates in plan designs and plan rates, including conversations regarding any possible changes of insurance carriers (spring/summer).

All three bargaining agreements have similar language in their health and welfare benefits articles delegating the responsibility to “the President or designee and the Superintendent or designee to mutually select the specific carriers” for health and welfare benefits. All three labor group presidents participate in the HBC as well as the Assistant Superintendent of Human Resources.

Over the last year, the HBC has met on the following dates on the following topics:

  • September 10, 2020 -  Reviewed open enrollment materials and process

  • February 10, 2021 - Reviewed benefits analysis and patterns of selections and enrollment

  • March 24, 2021 - Reviewed insurance carriers; labor group Presidents determined to change carrier for vision insurance and asked that Human Resources begin reviewing options for changing medical insurance carrier. Following this meeting, a benefits survey was sent to all employees to determine priorities for medical insurance if any changes were to be made. Results of the survey were shared with labor leaders who also collected information directly from their members.

  • May 28, 2021 - Met with consultant to review plan designs and rates from the two insurance carriers, Kaiser and Aetna, that responded to the District's request for a bid.

  • July 6, 2021 - Met with consultant to further review specific details related to medical plans and rates that would be available to active employees for plan year beginning January 2022.

  • July 15, 2021 - Met with consultant to review specific details related to process for transferring all retirees to new plans (early retirees aged 55-64 as well as retirees 65+) for plan year beginning January 2022.

  • August 10, 2021 - Consultant and representative from Aetna met with employees  via video conference to review the plan designs and rates for Aetna and Kaiser.

Since the discussion is open annually regarding insurance carriers, all three bargaining agreements contain language that if the labor group and the District “mutually agree to leave CalPERS and join an alternate health care provider, any savings realized to the District by this change of provider will be added to the employer contribution.”  At this time, the amount paid in CalPERS fees equates to approximately $50/month ($600/annually) for each full-time employee. By moving to a new medical insurance carrier, this amount will be added to the current District contribution for employees to use toward benefits as follows:

 Labor Group

Current District Monthly Contribution per FTE

Increased District Monthly Contribution per FTE
(beginning plan year 2022)

MHCEA (Classified)

$1000 (all tiers)

$1050 (all tiers)

 

MHFT (Certificated)
MHELA (Management) 

 

$750 (employee only plan)
$1000 (2-party plan)
$1250 (family plan)

 
 

$800 (employee only plan)
$1050 (2-party plan)
$1300 (family plan)

 


In discussions with the labor leaders and the consultant, and in alignment with results from the employee survey, it was agreed that the following must be in place prior to making a change to a new insurance carrier:

  • Kaiser must continue to be an option, preferably with two or three levels of cost and coverage (high, medium, low). Currently, the District is only able to offer a high coverage/high cost Kaiser plan with CalPERS

  • To minimize disruption in health care coverage, non-Kaiser options with a new carrier must have access to the same medical groups as current non-Kaiser plans, although specific physicians may vary 

  • High coverage plans from a new carrier must be available to active employees at the same or lower rates as current high coverage plans

  • Additional plans with medium or low coverage must be available with a new carrier to active employees at significantly lower rates than current plans

  • All retirees must continue to have access to medical insurance plans with a new carrier, along with assistance to transfer their enrollment into the new plans

The process of sending an exit letter to CalPERS in order to enter into a contract with a new medical carrier requires a Board approved resolution. In any year that this happens, the resolution must be approved and submitted in August to comply with the CalPERS deadline and to enter contract with new carrier for open enrollment in the fall.

Once the Board approves the attached resolution, the District sends the exit letter and is able to enter into a contract agreement with new medical insurance carriers.

The presidents of each employee group are in agreement that leaving CalPERS allows the opportunity for the District to offer medical insurance that better matches employees’ needs by having the flexibility to design high, medium, and low cost plans.

The HBC has been actively involved, and all the steps per the collective bargaining agreements have been followed .  The remaining step requires Board action. Therefore, staff recommends that the Board approve the attached resolution.

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
210817 CalPERS Exit Resolution
K.4. New Business: Future Agenda Items / Recognitions
L. PUPIL DISCIPLINE
M. ADJOURNMENT
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, September 7, 2021, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, Friday, September 3, 2021.
 
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: August 13, 2021, 4:33 PM

The resubmit was successful.