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Regular Board of Education Meeting - Closed Session 5:00 PM
Morgan Hill USD
September 21, 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. Masks and fully vaccinated members of the public are welcome to attend. Topic: Board of Education Regular Meeting Time: Sep 21, 2021 5:00 PM Closed Session 6:00 PM Open Session Join Zoom Meeting https://us02web.zoom.us/j/87222240762 Meeting ID: 872 2224 0762 One tap mobile +16699009128,,87222240762# US (San Jose)

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 - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 Cases: one
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. ADOPTION OF AGENDA
E. APPROVAL OF MINUTES
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.
 
E.1. Approve the Minutes from the Regular Board Meeting of September 7, 2021 and Special Board Meeting of September 13, 2021
Comments:
Submitted by: 
Dr. Carmen Garcia, Superintendent
Attachments:
210921 Meeting Minutes September 7, 2021
210921 Special Meeting Minutes September 13, 2021
F. 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.
 
G. COMMUNICATIONS
G.1. Closed Session Action Report (Government Code § 54957.1)
G.2. Reports: Superintendent / Staff
G.3. Reports: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association
G.4. Reports: Board Members
G.5. Calendar: Upcoming Events
Attachments:
210921 Upcoming Events
H. CONSENT ITEMS
H.1. BUSINESS SERVICES
H.1.a. Approve Declaration of Obsolete and Disposal and Sale of Surplus Equipment
Rationale:
In accordance with Education Code 17545 and Morgan Hill Unified School District Board Policy / Administrative Regulation 3270, Staff requests Board approval to sell and/or dispose of the following assets  which have been declared obsolete or unusable by the Student Nutrition Department. The District will use Gov Deals to assist in the sale of obsolete unused furniture, vehicles and equipment.

The items are obsolete: 

Two Steam Mixing Kettles - Cleveland #HA-MKGL-60-T

Two Steam Kettles - Groen EE-60

 
Financial Impact:
Proceeds from the sale will be deposited in the account where the items were purchased
Comments:
Submitted by:
Michael Jochner, Director of Student Nutrition & Records Retention
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
H.2. EDUCATIONAL SERVICES
H.2.a. Approve Special Education Contract in the Sum of $123,156.00
Rationale:
The Department of Special Education requests approval of the following 2021-22 Special Education contract for Morgan Hill Unified School District.  

Creekside School – NPS schooling for one student for the 2021-22 school year

$123,156.00

 
Financial Impact:
Approve special education contract in the sum of $123,156.00
Comments:
Submitted by:
Dr. Rebecca O'Brien, Director Special Education
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
H.2.b. Ratify Agreement with YMCA of Silicon Valley for an After School Enrichment and Safety (ASES) Program for 2021-2022 Was edited within 72 hours of the Meeting
Rationale:
Education Code Section 8484.7-8484.9 establishes the After School Education and Safety (ASES) Program. The California State Budget includes general funds for After School Education and Safety (ASES) Programs.

Beginning in January 2007, the Morgan Hill Unified School District was awarded and implemented an After School Enrichment and Safety (ASES) Program at San Martin/Gwinn and P.A. Walsh Elementary Schools under a Memorandum of Understanding (MOU) with the Santa Clara County Young Men's Christian Association (YMCA).

MHUSD is expecting to be awarded a grant in the amount of $307,843.20 from the California Department of Education to continue to support ASES programs at San Martin/Gwinn and PA Walsh. 

The attached MOU submitted by the YMCA of Silicon Valley allows MHUSD to continue contract services for ASES programs for the 2021-2022 school year for $304,795.25 which is the grant amount minus indirect costs, as authorized by the California Department of Education.  

The purpose of these programs is to provide educational support and safe constructive alternatives for students in grades Kindergarten through grade nine.

The after-school component of the ASES program is calculated based on a per day, per student rate.  School district administration and the Principal of each school must approve applications to ensure schools' full integration with the academic program.

Schools will be eligible to receive a supplemental grant to operate the program during any combination of the summer, intersession, or vacation periods.

Applicants may include local educational agencies (LEAs), cities, counties, or nonprofit organizations in partnership with, and with the approval of, an LEA or LEAs. Grantees receive a three-year renewable grant allocated in three one-year awards. Grant renewal is contingent on grantee fiscal and program compliance. A local match (cash or in-kind) from the school district, governmental agencies, 21 community organizations, or the private sector is required in an amount equal to 33 percent of the total grant. Priority for funding programs is given to elementary and middle schools in which a minimum of fifty percent of the students are eligible for free and reduced lunch.

The District is giving authorization for YMCA to execute the grant.

 
Financial Impact:
$304,795.25 ASES Grant
Comments:
Submitted by:
Victoria Sorensen, Director Equity Programs
Pilar Vazquez- Vialva, Assistant Superintendent Educational Services
Attachments:
210921 YMCA ASES
H.2.c. Approve Resolution Recognizing National Hispanic Heritage Month
Rationale:
Every year, since 1968, from September 15 to October 15, our country has celebrated our Hispanic culture and their many contributions to our society.  In addition to honoring the contributions of Hispanic Americans in our history, the Morgan Hill Unified School District celebrates the contributions of those who serve our communities and schools every day. In Morgan Hill Unified School District, Hispanic/Latinx students make up 51.4% of the student population and represent the largest racial/ethnic group among the state’s child population. The Morgan Hill Unified School District Board of Education and the Superintendent, Dr. Carmen García looks forward to the continued partnerships that uplift Hispanic and Latino/x students and helps to prepare them for a bright, innovative future.
 
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
210921 Resolution Recognizing and Honoring National Hispanic Heritage Month
H.3. HUMAN RESOURCES
H.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:
210921 Personnel Order
H.3.b. Adopt Resolution Proclaiming the Week Of October 10-16, 2021 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.

The title “school administrator” is a broad-based term used to define many education leadership positions, such as superintendent, deputy superintendent, assistant superintendent, principal, assistant principal, special education leader, adult education leader, curriculum and assessment leader, school business official, classified educational leader, and other school district employees who are part of the Morgan Hill Educational Leaders Association (MHELA).

As the attached resolution proclaims, school leadership matters for the students we serve. School leaders believe in the value of quality public education and work to support improving student outcomes in all areas of responsibility. We value our school leaders who are unwavering, tenacious, and determined to adapt, learn, and rise to meet new challenges. Our students deserve excellent leaders, and we recommend that Morgan Hill Unified School District join other districts in the State in proclaiming October 10 - 16, 2021 as “Week of the School Administrator.”

 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent of Human Resources
Attachments:
210921 Week of School Administrator Resolution
H.4. SUPERINTENDENT
H.4.a. Approve Trustee Horner to Attend the California School Boards Association (CSBA) and the Association of California School Administrators (ACSA) Coast2Coast 2022 Federal Advocacy Trip to Washington, D.C.
Rationale:
The California School Boards Association (CSBA) and the Association of California School Administrators’ (ACSA) Coast2Coast 2022 federal advocacy trip to Washington, D.C. will shine a light on the issues affecting the state’s 6 million students.

The event will begin with a day of education policy issues specific to California, an “insider's” briefing on the latest politics affecting federal education policy, and a networking opportunity with prominent D.C. figures and fellow educators. The training is followed by two days of meetings on Capitol Hill to advocate directly with California congressional representatives, White House officials, key federal agency leaders and other top policymakers.

Coast2Coast Summary

 
Financial Impact:
Total cost to be paid out of the Board budget

Event registration: $675

Airfare: ~ $500

CSBA Group Rate Hotel Room: $1948

Meals, etc. for five days: ~$400

Estimated total cost: $3,523

Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
210921 Coast2Coast Program Agenda
H.4.b. Approve Trustee Sullivan to Participate in the Leadership Morgan Hill Class of 2022
Rationale:
Leadership Morgan Hill is a training and development program created to inspire future leaders to community service.  The local program, founded in 1995, is similar in concept to leadership programs in place in many other California communities.  The nine-month leadership program is designed to provide participants with in-depth knowledge of the local political, economic and government structures of our community.
 
Financial Impact:
$1,300 to be paid out of the Board budget
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
210921 Leadership Morgan Hill Program Overview
210921 Leadership Morgan Hill Tuition Sheet
I. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
I.1. Public Hearing: Resolution Regarding Sufficiency of Textbooks and Instructional Materials
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 5, 2021 regular meeting.

 
Comments:
Submitted by: 
Glen Webb, Director Curriculum, Instruction & Assessment
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
I.2. Status Update: Re-Opening School Was edited within 72 hours of the Meeting
Rationale:
The Morgan Hill Unified School District 2021-2022 school year has been in session for 5.5 weeks and has seen the return of MHUSD students to full in-person, five-days-a-week of instruction. Students continue to readjust to campus life and in-person instruction after more than a year of learning remotely. Our staff has been working tirelessly to continue to meet the multifaceted needs of our students with engaging environments as they reenter our schools.

A 9th grader recently stated during a check-in, “I think high school is going fairly well at the moment. It's just hard transitioning from distance learning back to in person school. Overall, it does feel like a very different experience and I’m excited to continue on with the year."

We applaud the efforts of Team MHUSD who are working tirelessly to meet the needs of all of our students.

This is a status update on our 2021-22 school reopening with highlights from the district and site levels.

Please note: The agenda item has been updated to include video and notes access in the PDF link below.

210921 School Reopening Update

 
Comments:
Submitted by: 
Dr. Carmen Garcia, Superintendent
Attachments:
210921 School Reopening
I.3. Approve HVAC Filtration Upgrade Project and Associated Contracts
Rationale:
Morgan Hill Unified is working on implementing a filtration upgrade due to the COVID-19 pandemic. A large portion of the District’s HVAC systems were installed 15+ years ago and staff needs to ensure that existing systems meet recommended COVID-19 requirements. The District plans on hiring a consultant/engineer to create a scope of work for the mechanical contractor/s to upgrade the systems as needed. The mechanical contractor will perform the upgrades and then the District will hire a firm to complete air balancing for optimal air flow. The consultant/engineer will inspect and certify the HVAC systems in writing at the end of the project.  In the event additional programming of the controls is needed at the end of the project, the District will hire a contractor at an estimated amount not to exceed $20,000.
 
Financial Impact:

Engineering and Mechanical: $468,000

Air balancing:          $239,900

Filters: $23,949

Controls:                          $20,000

Total (excluding repairs) $751,849

Funded from Unrestricted General Fund          


Comments:
Submitted by:
Arlene Machado, Interim Director Facilities
Jackie Schaefer, Director Bond Programs
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
210921 Alpha Air Packages
210921 Engineering and Mechanical Contract
210921 Filter Quote
210921 Filtration Upgrade Project
I.4. Approve Increase to Certificated Daily and Long Term Sub Rates on the Substitute Salary Schedule
Rationale:
A substitute employee is defined as a worker who is employed for a temporary or limited term, generally to fill a position as a replacement for a regular employee, or for an assignment that is limited in nature, or for a position that is vacant during a recruitment process. Substitutes are unrepresented and are not part of any labor group. The District determines their rate of pay which is variable for each classification of worker. The marketplace and availability of qualified personnel regulate the rate that the District must pay for specific types of substitute workers.

In order to maintain the efficiency of operations, the District routinely uses substitute workers to provide services until a vacancy can be filled or until a regular employee returns from an approved leave. It is the District’s right and responsibility to determine the kinds and levels of services to be provided and the methods and means of providing them. It is also the District’s right and responsibility to determine rates of pay for substitute, temporary, and limited term workers. The District must also comply with all requirements for the vacant assignment and ensure appropriate licensure or certification of substitute workers.  

The current substitute salary schedule was Board approved in December 2019 and reflects certificated, classified, and administrative substitute rates of pay as well as describes the District's practice for securing, placing, and compensating all classifications of substitute workers. 

Classified and administrative substitute workers experience an increase in their rate of pay each time there is a new approved salary schedule for these two labor groups since the sub rate of pay is tied to the respective salary schedules.

The certificated substitute rate, however, is not tied to the MHFT salary schedule.  The attached recommended substitute salary schedule reflects an increase for certificated substitute teachers from $160 to $175 for the daily rate; and an increase from $200 to $220 for the long-term rate and identifies a rate of $275 for long-term assignments filled with subs with full credentials. These rates of pay are recommended after reviewing daily and long-term rates across Santa Clara County.

Substitute Classroom Teachers – Daily Rates


Current

Proposed

Daily (fewer than 10 consecutive days)

$160

$175

Daily half-day

$ 90

$100

Long-term* (up to 30 consecutive days)

$200

$220

Long-term* half-day

$110

$125

TPSL or full credential (begins on day 30+)

$250

$275

Education Code 44977 (1)(c) says that "The governing board of every school district shall adopt a salary schedule for substitute employees. The salary schedule shall indicate a salary for a substitute for all categories or classes of certificated employees of the district."

Staff recommends that the Board of Education approve the attached substitute salary schedule reflecting an increase for certificated daily and long-term subs.

 
Financial Impact:
Approximately $57,000 for daily substitute teachers (variable depending on actual level of subs needed)
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
210921 Substitute Salary Schedule
I.5. New Business: Future Agenda Items
J. ADJOURNMENT
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, October 5, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, October 1, 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: September 17, 2021, 6:16 PM

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