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Regular Board of Education Meeting - Closed Session 3:00 PM
Morgan Hill USD
December 14, 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/84009129827 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 (3:00 PM)
A.3. PUBLIC EMPLOYMENT/PUBLIC EMPLOYEE PERFORMANCE EVALUATION/GOAL SETTING (GOVERNMENT CODE SECTION 54956) Title: Superintendent
A.4. PUPIL PERSONNEL - Student discipline Education Code §48918 (c)(K-12)
A.4.a. Recommendation for Expulsion and Rehabilitation Plan for Student E 21/22-002
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
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.5.a. Anticipated Litigation
Rationale:
Special Education Department seeks board approval for parameters of settlement for student currently placed in Non Public School.
 
Comments:
Submitted by:
Dr. Rebecca O’Brien, Director Special Education
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
A.6. 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 Representatives
A.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §54956.8)
A.8. PUBLIC EMPLOYEE-DISCIPLINE / DISMISSAL / RELEASE / REASSIGNMENT / COMPLAINT (Government Code § 54957 and 54957.1)
A.8.a. Employee 21/22-001
A.9. PUBLIC EMPLOYEE APPOINTMENT (Government Code § 54957)
A.10. RECONVENE TO PUBLIC SESSION
B. CALL TO ORDER / PLEDGE OF ALLEGIANCE
C. INTRODUCTION OF BOARD MEMBERS AND STAFF
D. ADOPTION OF AGENDA
E. CLOSED SESSION ACTION REPORT (Government Code § 54957.1)
F. RECOGNITIONS / PRESENTATIONS
F.1. Recognize the Upcoming Retirement of Glen Webb, Director Curriculum, Instruction and Assessment
Rationale:
Morgan Hill Unified School District and the Board of Education will recognize Glen Webb, Director Curriculum, Instruction and Assessment for his 36 years of dedicated service to the District.
 
Comments:
Submitted By:
Dr. Carmen García, Superintendent
G. 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.
 
G.1. Approve the Minutes from the Regular Board meeting of November 16, 2021
Comments:
Submitted by:
Dr. Carmen García, Superintendent 
Attachments:
211214 Meeting Minutes November 16, 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. Report: Student Board Member
I.2. Reports: Superintendent / Staff
I.3. Reports: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association
I.4. Reports: Board Members
I.5. Calendar: Upcoming Events
Attachments:
211214 Upcoming Events
J. CONSENT ITEMS
J.1. BUSINESS SERVICES
J.1.a. Approve Super Co-Op Annual Renewal of Services for 2022-23
Rationale:
The Super Co-Op is a USDA Foods cooperative operating in California since 2001. It is the largest USDA Foods group in the nation. Super Co-Op is derived of a group of 230+ public school districts that join together to increase their buying power by creating joint bids that umbrella all districts due to like purchases resulting in a bulk discount that all members receive.   

Super Co-Op also assists in commodity dollar/poundage tracking, and product processing (example: Tyson chicken). The District receives government funds that are transferred into pounds of product which is either accepted whole, or sent to processors for a discounted product. For example, the fair market value of a case of diced cooked chicken is $99.99; however, with commodity processing and exchanging government owned chicken to the processor, the case price is lowered to $63.65 for a total savings of $36.34 per purchased case. This allows the Student Nutrition Department to create an affordable meal for the students while staying within budget. 

Staff recommends approval of the agreement with Super Co-Op to allow the District to renew the membership for the 2022-23 school year.

 
Financial Impact:
Depends on purchases from the Cafeteria Fund
Comments:
Submitted by:
Michael Jochner, Director Student Nutrition
Kirsten Perez, Deputy Superintendent and Chief Business Officer 
Attachments:
211214 Super Co-op JPA Agreement SY2022-23
J.1.b. Approve Agreement With School Project for Utility Rate Reduction to Purchase Natural Gas for All District Sites From July 1, 2022 to June 30, 2027
Rationale:
School Project for Utility Rate Reduction (SPURR) is a California joint powers authority, whose members are California municipalities, public K-12 school districts, community college districts, and other public agencies. Operating as a Joint Powers Authority, a public agency, SPURR aggregates its buying power and expertise to provide the best available overall pricing and value in natural gas procurement for hundreds of participating agencies. The District has been contracting with SPURR for natural gas since 2011. 

Under the proposed Agreement, SPURR will procure fixed rate gas for 40% of District's needs, based on historical usage, through a competitive process at the start of each fiscal year. Fixed rates set for the entire year help protect the District's budget from market fluctuations. The District's remaining 60% of natural gas needs will be procured competitively and priced at variable rates that change monthly with the market. The District can choose to terminate the Agreement annually or elect higher or lower levels of fixed rates to suit its needs.

Attached is an average monthly gas supply comparison from 2006 through 2017 between SPURR and PG&E. During this time period SPURR has outperformed PG&E. 

 
Financial Impact:
Approximately $350,000 annually to General Fund
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
211214 SPURR Agreement
211214 SPURR FAQs January 2021
J.1.c. 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 months of October and November 2021.

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
211214 November 2021 Contracts
211214 October 2021 Contracts
J.1.d. 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:
Lisa Lee, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
211214 Donations Reso
J.1.e. 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 asset  which has been declared obsolete or unusable by the Maintenance Department. The District uses Gov Deals to assist in the sale of obsolete unused furniture, vehicles and equipment.

This obsolete item is:

1998 Ford Van #1 VIN #1FTFE24N8JHA43548
 
Financial Impact:
Proceeds from the sale will be deposited in the account where the items were purchased
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
J.2. EDUCATIONAL SERVICES
J.2.a. Approve Special Education Contracts in the Sum of $157,984.24
Rationale:
The Department of Special Education requests approval of the following 2021-22 Special Education contract and amendment for Morgan Hill Unified School District. 

TLC Child and Family Services, dba Journey Academy

Amendment to contract for residential school for one student, to add 13 school days.

$18,784.24

Effective School Solutions, LLC

Contract for Tier 3 clinical programming at one MHUSD school site from 1/1/22 to 6/30/22.

$139,200


 
Financial Impact:
Special education contracts in the sum of $157,984.24 included in the adopted budget
Comments:
Submitted by:
Dr. Rebecca O’Brien, Director Special Education
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
211214 Effective School Solutions Contract with Exhibits
J.2.b. Adopt Resolution to Authorize Signature and Delegation of Authority on California State Preschool Program Continued Funding Application
Rationale:
The attached resolution authorizes signature and delegation of authority on the continued funding application for the California State Preschool Program (CSPP -1566).  This requirement was formerly part of the contract signing process that took place in the spring. However, in order to be able to renew contracts more expeditiously, the requirement for public agencies to provide such documents is being requested as part of the CFA. This enables automatic renewal for next year.
 
Comments:
Submitted by:
Victoria Sorensen, Director Supplemental Programs
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services

Attachments:
211214 continued funding application reso
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:
211214 Personnel Order
J.4. SUPERINTENDENT
J.4.a. Adopt Resolution Authorizing Compensation for Adam Escoto's Absence from a Regular Meeting of the Morgan Hill Unified School District Board of Education held on November 2, 2021
Rationale:
The attached resolution authorizing compensation for Adam Escoto's absence from a regular meeting of the Board of Education held on November 2, 2021 is submitted for approval in accordance with Board Policy 9250
 
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
211214 Escoto BOE Absence Reso
J.4.b. Adopt Resolution Authorizing Compensation for Carol Gitten's Absence from a Regular Meeting of the Morgan Hill Unified School District Board of Education held on November 16, 2021
Rationale:
The attached resolution authorizing compensation for Carol Gittens absence from a regular meeting of the Board of Education held on November 16, 2021 is submitted for approval in accordance with Board Policy 9250
 
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
211214 Gittens BOE Absence Reso
J.4.c. Proposed Revisions to Board Policy Based on Updates from California School Boards Association Policy Maintenance ServicesWas edited within 72 hours of the Meeting
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 November 19, 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:
211214 BP 3511.1 Integrated Waste Management (NEW)
211214 BP 5145.9 Hate Motivated Behavior
211214 BP 6120 Response to Instruction and Intervention
211214 BP 6142.5 Environmental Education (NEW)
211214 BP 6164.5 Student Success Teams (NEW)
211214 BP 7211 Developer Fees
K. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
K.1. Impact of 2020 Census Data on Trustee Area Map Population Balance
Rationale:
Following each federal census, the Board must approve adjustments of trustee area boundaries, if necessary, to make sure the population in each trustee area is as nearly as equal as practicable, amongst other considerations (Education Code section 5019).  In late September 2021, following a delay due to COVID-19, the 2020 census data was released by the California Department of Finance.

After review of the most recent census data, the District’s demographer (SchoolWorks, Inc.) has determined that the current trustee area maps are now no longer in compliance with California Education Code section 5019 since the population is no longer balanced.  SchoolWorks, Inc. will provide an overview of the most recent census data as well as draft adjusted map options for discussion and input. A Public Hearing will follow this agenda item to give an opportunity to the community to provide feedback.

As part of the redistricting process, at its January 4, 2022 Board Meeting, the Governing Board will hold a second Public Hearing on the adjusted maps. On February 1, 2022, the Board will be asked to adopt a Resolution, the final trustee area maps, and any additional required documentation to the County Committee on School District Organization and Registrar of Voters and to take any other necessary action to effectuate the purposes of this resolution and to readopt the trustee area map plan. This will provide ample time to ensure approval, compliance, and submission to County well in advance of the February 28, 2022 deadline. The new trustee area maps will be put into effect for the November 2022 Board elections.

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer

Attachments:
211214 MHUSD Existing Trustee Area Demographics
211214 Plan A
211214 Plan B
211214 Plan C
211214 Trustee Boundary Map Scenarios Morgan Hill 2020
K.2. PUBLIC HEARING: Redistricting Trustee Areas
Rationale:
Every ten years, after the U.S. Census data is released, school districts are required to evaluate whether their current trustee areas have approximately equal populations using the new census data. The variation in total population among trustee areas cannot exceed 10%. If the variation is less than 10%, no changes are needed. If the variation exceeds 10%, trustee area boundaries need to be adjusted. This process is referred to as redistricting. Trustee areas must be made as equal in population as possible and practicable to provide equal access to political representation. 

The District has hired professional demographers, SchoolWorks, Inc., to draft and revise maps for consideration by the public and the Board of Education. The draft “revised maps” will ensure appropriate population balance and will incorporate feedback received by the Board and the community. An additional Public Hearing will be conducted at the January 4, 2022 Board meeting so that members of the public can provide input on boundaries as well as possible revisions of maps.

It is anticipated that the Board will adopt a resolution establishing revised trustee boundaries on February 1, 2022. After adoption of a new map, it will be sent to the County Superintendent of Schools and the County Registrar of Voters. The County Registrar of Voters will then adjust precinct boundaries before the filing deadline for the November 2022 trustee election and the new map will be used for the first time in the November 2022 election.

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
211214 Plan A
211214 Plan B
211214 Plan C
K.3. Approve 2021-22 First Interim Budget as Reported in the Standardized Account Code Structure (SACS) Report
Rationale:
In accordance with Education Code 42130, a school district is required to submit twice during the fiscal year a financial report certifying the district’s ability to meet its financial obligations. These reports examine the district’s enrollment, spending pattern, fund balance, and reserve for economic uncertainties.

There are several purposes for these reports:

• To provide a review of the District’s financial condition at periodic intervals during the fiscal year

• To provide a status report to the Board of Education and the public of the financial condition of the District

• To determine necessary budget revisions as a result of current or projected financial information. The interim reflects adopted, revised and projected budgets. The first interim report reflects financial and budgetary status as of October 31, 2021. 

 
Comments:
Submitted by:
Lisa Lee, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
211214 All Funds SACS Forms
211214 All Funds Summary
211214 BOE First Interim Presentation
211214 Budget Snapshot
211214 COVID Funds Report
211214 Criteria and Standards
211214 Criteria and Standards Summary
211214 First Interim Narrative 2021-22
211214 Interim Certification
K.4. Approve Educator Effectiveness Plan
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. 

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. 
MHUSD’s local plan for the Educator Effectiveness Funds was heard in a public meeting of the governing board of the school district on November 2, 2021 and is now being brought forward for approval.  
 
Financial Impact:
$1,700,408 from Educator Effectiveness Funds
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and CFO 
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services


Attachments:
211214 Educator Effectiveness Funds
K.5. Ratify Edmentum Contract
Rationale:
Morgan Hill Unified contracts with Edmentum to provide an independent study option for K-5 students. The cost of the program is based on per-student per-month enrollment. As the enrollment for this program ebbs and flows to meet the conditions of the pandemic and the requirements of AB 130, it is difficult to project what the actual need will be throughout the school year. For that reason, the contract for this program has been structured in installments. Our initial installment of $95,875 made in the fall was projected to carry us through approximately the first third of the year. The contract before the Board tonight is a second installment of $125,125 which is projected to renew the program through the early spring. There will be a final year end close out contract in June to match the sum of payments to the actual program enrollment for the year.
 
Financial Impact:
$125,125 from AB 86 funds


Comments:
Submitted by:
Glen Webb, Director Curriculum, Instruction & Assessment
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
211214 Edmentum contract
K.6. Nomination Mary Patterson to CSBA's Delegate Assembly
Rationale:
Delegate Assembly (DA) is a vital link in the association’s governance structure.  Working with local districts, county offices of education, the Board of Directors, and the Executive Committee, Delegates ensure that the association reflects the interests of school districts and county offices of education throughout the state.  Members of the Delegate Assembly are elected or appointed by local board members in 21 geographic regions throughout the state. There are two meetings each year, one in May and one immediately preceding the Association’s Annual Education Conference.

Nomination, appointment, and biographical sketch forms for CSBA’s Delegate Assembly are now being accepted until Friday, January 7, 2022 It is the responsibility of the nominee to confirm that all nomination materials have been received by the CSBA Executive Office by the due date.  Late submissions cannot be accepted.  Ballots will be mailed to districts and county offices of education by Tuesday, Feb. 1, 2022 and are due to CSBA by Wednesday, March 16, 2022.  Election results will be posted by April 1. Delegates will serve two-year terms beginning April 1, 2022 through March 31, 2024. 

Trustee Patterson will request the Board's nomination to continue on the Delegate Assembly.

 
Comments:
Submitted By:
Dr. Carmen García, Superintendent
Attachments:
211214 Delegate Assembly District Nomination Packet
K.7. Discussion and Tentative Approval BB 9100 Organization
Rationale:
The Board will discuss revising Board Bylaw 9100 to include the position of clerk to the Board.  
 
Comments:
Submitted By:
Dr. Carmen García, Superintendent
Attachments:
211214 BB 9100 Organization
K.8. New Business: Future Agenda Items
L. PUPIL DISCIPLINE
L.1. Recommendation for Expulsion and Rehabilitation Plan for Student E 21/22-002
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
M. ORGANIZATION OF THE BOARD -- Elect Board President, Vice-President, Trustee Representatives to Assignments and Trustee Representative to the Santa Clara Committee on School District Organization
Rationale:
Board members will nominate and vote for a president, vice president, Trustee representatives to assignments and representative to the Santa Clara County Committee on School District Organization
 
Comments:
Submitted by: 
Dr. Carmen García, Superintendent

M.1. Elect President of the Board
Comments:
Submitted By:
Dr. Carmen García, Superintendent
M.2. Elect Vice-President of the Board
Comments:
Submitted By:
Dr. Carmen García, Superintendent
M.3. (Tentative) Elect Clerk of the Board
Comments:
Submitted By:
Dr. Carmen García, Superintendent
M.4. Appoint Representatives to Assignments
Comments:
Submitted By:
Dr. Carmen García, Superintendent

Attachments:
211214 Board Liaison Assignments 2020-21
M.5. Assign Representative to the Santa Clara County Committee on School District Organization
Rationale:
Each year the Board selects a trustee to represent the district for the annual County Committee on District Organization election; this is a requirement of Education Code section 35023. The trustee/representative that is selected is the official vote caster for this election. Representatives are not required to perform any other duty other than to vote in the annual election; they do NOT need to attend County Committee meetings (unless of course they wish to attend).
 
Comments:
Submitted By:
Dr. Carmen García, Superintendent
N. ADJOURNMENT
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, January 4, 2022, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, December 31, 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: December 10, 2021, 3:55 PM

The resubmit was successful.