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Regular Board Meeting - Closed Session 5:00 PM
Morgan Hill USD
January 11, 2022 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/87380253274 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. PUPIL PERSONNEL - Student discipline Education Code §48918 (c)(K-12)
A.3.a. Recommendation for Expulsion and Rehabilitation Plan for Student E 21/22-003
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
A.3.b. Recommendation for Expulsion and Rehabilitation Plan for Student E 21/22-004
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
A.3.c. Recommendation for Expulsion and Rehabilitation Plan for Student E 21/22-005
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
A.3.d. Recommendation for Expulsion and Rehabilitation Plan for Student E 21/22-006
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
A.4. 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. 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.6. PUBLIC EMPLOYEE-DISCIPLINE / DISMISSAL / RELEASE / REASSIGNMENT / COMPLAINT (Government Code § 54957 and 54957.1)
A.7. 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. PRESENTATIONS
F.1. Nordstrom Elementary School
Rationale:
Beginning January 2022 at every Regular Board of Education meeting, one district school will be highlighted. Principal Cull and her team from Nordstrom Elementary School will provide the first presentation.
 
Comments:
Submitted by:
Dr. Carmen García, Superintendent
G. ADOPTION 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 December 14, 2021
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
220111 Meeting Minutes December 14, 202
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:
220111 Upcoming Events
J. CONSENT ITEMS
J.1. BUSINESS SERVICES
J.1.a. Approve Supply Agreement for Test Kits with Office Depot for the Purchase of At-Home COVID-19 Antigen Tests
Rationale:
In an effort to reduce COVID-19 transmission in schools as the Omicron variant surges nationwide, the California Department of Public Health (CDPH) provided at-home COVID-19 testing kits for free to the District to distribute to parents/caregivers who were encouraged to test students returning from winter break. CDPH has indicated that its antigen home testing program is “closed” and there is no ability for the District to obtain additional at-home testing kits at this time.

In light of the expected continued COVID-19 transmission in our community due to the Omicron variant, there is a need to continue to provide at-home COVID-19 testing kits to District staff and students. Since many positive cases are asymptomatic, identifying positive cases before staff or students come to school will reduce the spread of the virus in our schools and reduce disruptions to in-person learning.

Staff solicited pricing from several vendors for at-home COVID-19 testing kits. The attached Agreement reflects the best pricing available in consideration of the quantity needed and timeline for delivery of the testing kits. Pursuant to Government Code 6500 et seq. and Public Contract Code Section 20118, the District is allowed to “piggyback” on any public agency bid and participate in state and national purchasing cooperatives. Office Depot is part of the Region 4 OMNIA Cooperative Contract purchasing program which allows the District to obtain the best price on products by leveraging the combined volume of partners in the cooperative.

 
Financial Impact:
Including sales tax $313,329 from Federal one-time COVID funds. 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
220111 Office Depot Agreement
J.2. EDUCATIONAL SERVICES
J.2.a. 2nd Quarterly Report 2021-2022 on Williams Uniform Complaints, October 1 – December 31, 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 2nd 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:
220111 Williams Quarterly Report
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:
220111 Personnel Order
J.3.b. Adopt Resolution Declaring February 7-11, 2022 "National School Counseling Week"
Rationale:
The California Department of Education has identified February 7-11, 2022 as “National School Counseling Week.” In keeping with this designation and in order to bring deserved recognition to the members of our counseling staff who dedicate themselves to supporting the educational and other needs of our students in Morgan Hill Unified School District, District staff is recommending approval of a resolution proclaiming February 7-11, 2022 as "National School Counseling Week".
 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220111 School Counseling Week Resolution
J.3.c. Holiday Observances and Months, Weeks, and Days of Commemoration for 2022
Rationale:
In order to ensure appropriate advance notice, the following monthly table of state and federal holidays and other commonly recognized events is provided for 2022. 

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 17, 2022)

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 21, 2022) 

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 22, 2022)

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 11, 2022)

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 23, 2022)

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 for 2022. 

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220111 2022 Months and Weeks to Commemorate
J.3.d. Approve 2021-22 Certificated Seniority List
Rationale:
Annually, the District distributes the certificated seniority list to all schools and requests that all certificated employees review the list for accuracy and to forward any proposed corrections to the Human Resources Department. The attached certificated seniority list includes all corrections that were submitted by certificated employees as investigated and verified by the Human Resources Department.

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.

 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220111 2021-22 Seniority List
K. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
K.1. Update on Trustee Area Redistricting Maps
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).  After review of the most recent census data, the District’s demographer (SchoolWorks, Inc.) has determined that the current trustee area maps need to be revised since the population is no longer balanced. 

At the December 14, 2021 meeting SchoolWorks, Inc. provided draft adjusted map options for discussion and input. A Public Hearing was also conducted to give an opportunity to the community to provide feedback. Based on the feedback provided, a new Map D was drawn to create more compact and contiguous geographic trustee areas. Maps A-D have also been adjusted to overlay elementary school attendance boundaries as there was an interest in ensuring schools have multiple trustee representatives.

On February 1, 2022, the Board will be asked to adopt a Resolution, the final trustee area maps, and any additional required documentation by 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:
220111 Plan A
220111 Plan B
220111 Plan C
220111 Plan D
220111 Trustee Redistricting Presentation
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. This is the second Public Hearing conducted 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:
220111 Plan A
220111 Plan B
220111 Plan C
220111 Plan D
K.3. Approve 2020-21 Annual Financial Report
Rationale:
Each fiscal year, pursuant to Education Code, California School Accounting Manual, and the Standards and Procedures for Audits of California K-12 Local Educational Agencies issued by the State Controller’s Office, the Morgan Hill Unified School District is required to engage a state-approved audit firm to verify the District’s financial records and conformance with required accounting practices. The District has engaged the firm of Eide Bailly LLP to audit the District’s financial records.

The audit is conducted in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. These standards require that the audit is planned and performed to obtain reasonable assurance about whether the financial statements are free of material misstatement. The audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. The audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation and internal controls. 

For the year ended June 30, 2021, the audit is being filed with an unmodified opinion. An unmodified or “clean” opinion is issued when the auditor does not have any findings and is able to conclude that the financial statements are fairly presented in all material respects and conform to generally accepted accounting principals. For the Federal and State compliance audit, all grants and programs audited received an unmodified opinion as well. 

In accordance with Education Code 41020.3, the District must review the annual audit at a public meeting prior to January 31. Ahmad Gharaibeh, Partner at Eide Bailly LLP, will present the audit report to the Board. These reports are filed with the County Office of Education, State Department of Education and the State Controller’s Office.

 
Financial Impact:
Unrestricted General Fund $53,000 plus $6,000 from the Bond Fund for the performance audit required by Proposition 39. 
Comments:
Submitted by:
Lisa Lee, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
220111 2020-21 District Audit Report
220111 2020-21 Measure G Report
220111 Audit Letter
K.4. Approve AB 361 Resolution
Rationale:
California Legislature has recognized the ongoing state of emergency due to the COVID-19 pandemic and has responded by creating an additional means for public meetings  to be held via teleconference (inclusive of internet-based virtual meetings)
 
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
220111 AB 361 Reso
K.5. Mid Year COVID Update
Rationale:
The health, safety, and well-being of the students and staff of the district continue to be a primary focus amidst the changing conditions of the COVID-19 pandemic.  The district has two COVID Designees who attend weekly meetings with County Public Health to stay informed of the latest updates with California Department of Public Health (CDPH) with respect to changing conditions and latest requirements in the K-12 school setting.  The COVID Designees assist district administrators in understanding and implementing all changes as the new guidance is rolled out. This presentation is to provide the board a mid-year status update of the safety measures in place for the 2021-22 school year. 
 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent, Human Resources
Attachments:
220111 COVID Mid-Year Update
K.6. New Business: Future Agenda Items
L. PUPIL DISCIPLINE
L.1. Approve Recommendation for Expulsion and Rehabilitation Plan for Student E 21/22-003
L.2. Approve Recommendation for Expulsion and Rehabilitation Plan for Student E 21/22-004
L.3. Approve Recommendation for Expulsion and Rehabilitation Plan for Student E 21/22-005
L.4. Approve Recommendation for Expulsion and Rehabilitation Plan for Student E 21/22-006
M. ADJOURNMENT
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, January 25, 2022, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, January 21, 2022.
 
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: January 7, 2022, 4:22 PM

The resubmit was successful.