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Regular Board of Education Meeting - Closed Session 5:00 PM
Morgan Hill USD
November 02, 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. Join Zoom Meeting https://us02web.zoom.us/j/88420819190 Public Comment contact Kelly Schriefer schrieferk@mhusd.org

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 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 García, and Superintendent, Designated representative: Karen Rezendes, Lozano Smith
A.4. PUBLIC EMPLOYEE-DISCIPLINE / DISMISSAL / RELEASE / REASSIGNMENT / COMPLAINT (Government Code § 54957 and 54957.1)
A.5. 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. ADOPTION OF AGENDA
F. 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.
 
F.1. Approve the Minutes from the Regular Board Meeting Themed Study Session of October 19, 2021
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
211102 Meeting Minutes October 19, 2021
G. 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.
 
H. COMMUNICATIONS
H.1. Report: Student Board Member
H.2. Reports: Superintendent / Staff
H.3. Reports: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association
H.4. Reports: Board Members
H.5. Calendar: Upcoming events
I. CONSENT ITEMS
I.1. BUSINESS SERVICES
I.1.a. Approve Measure G Citizen's Oversight Committee Member Term Extension for Lawrence Fleischer
Rationale:
On November 6, 2012, voters residing within the Morgan Hill Unified School District passed Measure G. Measure G is a $198.25 million bond measure that authorizes funding for needed repairs, upgrades, and new construction projects to the District’s schools. Since the bond was passed in accordance with the provisions of Proposition 39, state law requires that the Morgan Hill Unified School District appoint a Citizens’ Oversight Committee (Committee) to oversee the bond measure.

In accordance with Education Code Section 15278(b), the 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.

On February 5, 2019, Lawrence Fleischer was approved as a member of the Committee representing the position of “At Large Community Member.”  Mr. Fleischer has been a valuable member of the Committee serving as the Committee Chair. Staff is requesting Board approval for an extension of his appointment to the Committee for an additional term, expiring February of 2023.

 
Comments:
Submitted by:
Jackie Schaefer, Director Bond Programs
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
I.1.b. Approve Measure G Citizen's Oversight Committee Member Term Extension for Kristen Schoepe
Rationale:
On November 6, 2012, voters residing within the Morgan Hill Unified School District passed Measure G. Measure G is a $198.25 million bond measure that authorizes funding for needed repairs, upgrades, and new construction projects to the District’s schools. Since the bond was passed in accordance with the provisions of Proposition 39, state law requires that the Morgan Hill Unified School District appoint a Citizens’ Oversight Committee (Committee) to oversee the bond measure.

In accordance with Education Code Section 15278(b), the 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.

On October 4, 2016, Kristen Schoepe was approved as a member of the Committee representing the position of “Parent / Guardian of a child enrolled in our district and active in H&SC.”  Ms. Schoepe has been a valuable member of the Committee who attends regularly and Staff is requesting Board approval for the extension of appointment for Kristen Schoepe to an final term, expiring March of 2023.

 
Comments:
Submitted by:
Jackie Schaefer, Director Bond Programs
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
I.1.c. Adopt Resolution Approving Addendum #5 to the 2018-19 Facilities Use Agreement with Charter School of Morgan Hill Extending the Current Agreement Through June 30, 2023Was edited within 72 hours of the Meeting
Rationale:
Proposition 39

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 the following dates, the Board of Education has approved the listed Addendums to extend the 2017-18 agreement:

June 5, 2018:  Addendum #1 for the 2018-19 school year

October 16, 2018: Addendum #2 for the 2019-20 school year

October 1, 2019: Addendum #3 for the 2020-21 school year

October 6, 2020: Addendum #4 for the 2021-22 school year

The District and CSMH determined it would be mutually beneficial to extend the current Facilities Use Agreement through 2022-23. Staff recommends approval of Addendum #5.

Long-Term Facility Use Agreement 

Based on the Board’s direction at the April 20, 2021 meeting, CSMH and District staff are working to create a single facility use agreement that encompasses the expanded Proposition 51 facilities and the remaining Proposition 39 facilities as well as those facilities owned by CSMH. This Agreement would provide CSMH with use of the entire site with a Proposition 39 waiver while it occupies the facilities. This would effectively end the annual Proposition 39 process.

As part of the proposed Agreement, the whole site would be maintained at CSMH’s sole cost and expense and no facilities fee would be charged. A provision would be included that if CSMH’s enrollment declines below a certain threshold the District would be entitled based on a formula to reclaim classroom spaces the following year. Staff continues to work collaboratively to develop this agreement and anticipates bringing it forward for the Board's consideration in early 2022.

 
Financial Impact:
Pursuant to the Agreement, the District will receive a 3% oversight fee in exchange for providing "rent-free" facilities. This is approximately $161,600 annually.
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Dr. Carmen Garcia, Superintendent
Attachments:
211102 CSMH Facilities Use Agreement
I.1.d. Annual Debt Transparency Report 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. This report 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
Dr. Carmen Garcia, Superintendent
Attachments:
211102 2020-21 Annual Debt Transparency Report
I.1.e. 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. 2021-22 Reso. No. 003) 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 September 2021.

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
211102 September Contracts
I.2. EDUCATIONAL SERVICES
I.2.a. Approve Special Education Contract in the Sum of $183,713.60
Rationale:
The Special Education Department consistently seeks invaluable and hard to fill specialists for our students that require behavior support to access their learning. Change with ABA specializes in providing staffing resources to districts seeking to contract behavioral specialists and behavior technicians or aides to support students with exceptional needs.

The Department of Special Education requests approval of the following 2021-22 Special Education contract for Morgan Hill Unified School District. 

Change with ABA

One program supervisor and three staff members knowledgeable of Applied Behavior Analysis.

$183,713.60


 
Financial Impact:
$183,713.60 included in the adopted budget
Comments:
Submitted by:
Dr. Rebecca O'Brien, Director Special Education
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services

Attachments:
211102 Change with ABA
I.2.b. Approve Amendment to Service Agreement with the County of Santa Clara Behavioral Health Services Department for Funding for School Linked Services
Rationale:
The Morgan Hill Unified School District (MHUSD) has an existing partnership with the Santa Clara County Behavioral Health Services Department (County). School Linked Services (SLS) provides school-based, coordinated services to improve student protective factors, decrease risk factors and connect students and families with resources to support student success. Over the last five years, San Martin-Gwinn, Barrett, PA Walsh, Britton Middle School, and Live Oak High School have served as hubs for a variety of health and wellness services to support students and families in need.

The current Agreement with the County funds one SLS Coordinator position. The SLS Coordinator supports the connections between home, school, and students. This Amendment provides additional funding which will allow the District to hire and retain a second SLS Coordinator position. The SLS Coordinator is responsible for: 

• Building and maintaining school and community partnerships;
• Coordinating SLS services and referrals, including family engagement activities; and
• Serving as an integral part of the school district

The SLS Coordinator works primarily with school sites that offer Prevention and Early Intervention (PEI) Services, which are also funded by the County. PEI provides funding for outreach programs for families, providers, and others to recognize early signs of mental illness and to improve early access to services, and to reduce stigma and discrimination.  The SLS Coordinator maintains referral and service data, which is reported monthly to the Student Services Coordinator and to the County.

 
Financial Impact:
$306,522 in total grant resources for FY 2020-22, an additional $102,174 for FY22
Comments:
Submitted by:
Jessie Swift, Coordinator Student Support Services
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
211102 SLS Contract Amendment
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:
211102 Personnel Order
I.4. SUPERINTENDENT
I.4.a. Proposed Revisions to Board Policy Based on Updates from California School Boards Association Policy Maintenance Services
Rationale:
Since 2012, the District has contracted with the California School Boards Association ("CSBA") for Board Policy Manual maintenance and online posting.  CSBA services include posting and maintaining the District's policy manual online and sending recommended updates based on changes in law.

On October 21, 2021, the Policy Subcommittee reviewed and approved the attached policy changes. The policies with yellow highlights are CSBA updates and policies with yellow highlights and red texts are updates made during the Board Policy Subcommittee meeting.  These policies are presented to the Board tonight for their approval.

 
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
211102 BP 0470 COVID 19 Mitigation Plans (NEW)
211102 BP 1313 Civility (NEW)
211102 BP 3516.5 Emergency Schedules
211102 BP 4112.42/4212.42/4312.42 Drug and Alcohol Testing for Bus Drivers
211102 BP 4131 Staff Development
211102 BP 4141 Collective Bargaining Agreement
211102 BP 4158/4258/4358 Employee Security
211102 BP 5141.4 Child Abuse Prevention and Reporting
211102 BP 5141.52 Suicide Prevention
211102 BP 5142.2 Safe Routes to School
I.4.b. Adopt Resolution Authorizing Compensation for Heather Orosco's Absence from a Regular Meeting of the Morgan Hill Unified School District Board of Education held on September 21, 2021
Rationale:
The attached resolution authorizing compensation for Heather Orosco's absence from a regular meeting of the Board of Education held on September 21, 2021 is submitted for approval in accordance with Board Policy 9250
 
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
211102 BOE Absence Reso Orosco
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Ratify Increase to Certificated Hourly Rate
Rationale:
In order to attract substitute teachers, at the October 5, 2021 regularly scheduled Board meeting, the Board approved an increase to the substitute teacher daily rate of pay. 

During this current substitute shortage, many regular teachers are requested to cover their colleagues’ classes during their prep periods, and these teachers receive the hourly rate of pay for their coverage.  The District appreciates our teachers' willingness to cover classes when there are unfilled vacancies.

The current hourly rate of pay for teachers multiplied by five (a secondary teacher’s schedule consists of five teaching periods) is now exactly equivalent to the new increased daily sub rate of pay ($32 x 5 = $175). 

The District acknowledges the diligence of existing teachers in covering classes during a shortage, and realizes the benefit of increasing the miscellaneous hourly rate of pay that teachers receive when covering classes and performing other certificated hourly assignments. 

The District also acknowledges that having one hourly rate of pay instead of two creates operational efficiencies.  

Therefore, in meeting with the President of the Morgan Hill Federation of Teachers, the District entered into a sideletter agreement to supercede the current article in the collective bargaining agreement to increase the hourly rate of pay for both adult education and for home instruction/miscellaneous assignments to $38.00 per hour for work beginning October 1, 2021 and to be paid out in the November 10th payroll.

Adult Education teachers' hourly rate of pay will increase from $35.00 to $38.00 per hour, an increase of 8.58%

Home Instruction and Miscellaneous will increase from $32.00 to $38.00 per hour, an increase of 18.75%

Based on the benefit to unit members and to the District, the parties have agreed to a one-year amendment to Article 4. The attached amended language will be reviewed and tentatively folded into the agreement during negotiations in 2022 or will expire on June 30, 2022.

Staff recommends that the Board ratify the agreement as submitted.

 
Financial Impact:
Approximately $71,668  increase to the existing budget
Comments:
Submitted by: 
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
211102 MHFT Hourly Rate Side Letter
J.2. Educator Effectiveness Funds (EEF) Grant
Rationale:
The Educator Effectiveness Funds (EEF) Grant are allocated on the basis of an equal amount per certificated and classified full-time equivalent as reported in the California Longitudinal Pupil Achievement Data System (CALPADS) and the California Basic Educational Data System (CBEDS) for the 2020–21 fiscal year. 

The local plan for the Educator Effectiveness Funds (EEF) needs to be heard in a public meeting of the governing board of the school district, the county board of education, or governing body of the charter school, before its adoption in a subsequent public meeting. This must take place on or before December 30, 2021.

Funds may be expended during the 2021–22, 2022–23, 2023–24, 2024–25 and 2025–26 fiscal years. An annual data and expenditure report will be due each year on or before September 30. A final data and expenditure report will be due on or before September 30, 2026. Any funds not expended by June 30, 2026, must be returned to the California Department of Education (CDE).

EEF may be used to support professional learning for certificated teachers, administrators, paraprofessional educators, and certificated staff. 
 
Financial Impact:
$1,700,408 from Educator Effectiveness Funds
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
211102 Ed Effectiveness Funds Plan
J.3. 1st Quarterly Report 2021-2022 on Williams Uniform Complaints, July 1 – September 30, 2021, 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 2021-2022 is attached.

No complaints were filed in any of the subject areas.
 
Comments:
Submitted by:  
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services


Attachments:
211102 Williams Quarterly Report
J.4. New Business: Future Agenda Items / Recognitions
K. ADJOURNMENT
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, November 16, 2021, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, November 12, 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: October 29, 2021, 3:56 PM

The resubmit was successful.