banner

Regular Board of Education Meeting - Closed Session 5:00 PM
Morgan Hill USD
March 01, 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/89302083673 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 Representatives
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. ADOPTION OF AGENDA
E. CLOSED SESSION ACTION REPORT (Government Code § 54957.1)
F. PRESENTATIONS
F.1. Paradise Valley Engineering Academy
Rationale:
Beginning January 2022 at every Regular Board of Education meeting, one district school will be highlighted. Principal Andrade from Paradise Valley Engineering Academy will provide the March presentation.
 
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
220301 PVEA Presentation
G. APPROVAL OF MINUTESWas edited within 72 hours of the Meeting
G.1. Approve the Minutes from the Regular Board Meeting of February 15, 2022
Attachments:
220301 Meeting Minutes February 15, 2022
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:
220301 Upcoming Events
J. CONSENT ITEMS
J.1. BUSINESS SERVICES
J.1.a. 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:
220301 Donations Reso
J.1.b. 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 January 2022.

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
220301 MHUSD Signed Contracts - January 2022
J.2. EDUCATIONAL SERVICES
J.2.a. Approve Special Education Amendment to Contract in the Sum of $21,840.00
Rationale:

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

Creative Learning Center

Amendment to contract for Non Public School for one student, to change hours of Behavior Intervention Services due to changes to IEP.

$21,840.00


 
Financial Impact:
$21,840.00 included in the adopted budget.
Comments:
Submitted by:
Dr. Rebecca O’Brien, Director Special Education
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
J.2.b. Approve Travel for Morgan Hill Unified School District Elementary Students to Attend Science Camps in the 2021-22 School Year
Rationale:
Six Morgan Hill Unified School District elementary schools request permission to attend overnight science camp during the 2021-22 school year.

The purpose of these camps is to have students experience outdoor educational activities that directly relate to the state grade science standards as well as to build character and civic responsibility.  Science camp has been designated as a learning opportunity as it relates well to grade level content standards, provides enrichment to the core science program and motivates students to higher levels of performance in grade 6 and middle school.   
 
Accommodations will be on site, transportation will be by bus, and classroom teachers and chaperones will accompany the students.  All costs will be paid by the individual student families, fund-raising monies and scholarships and Home and School Club funds.  

School

Dates

Science Camp

Barrett Elementary

March 8-11, 2022

Mission Springs

El Toro Health Science Academy

March 21-24, 2022

Mission Springs

Nordstrom Elementary

March 22-25, 2022

Mt. Hermon Outdoor Science School

Paradise Valley Engineering Academy

May 10-13, 2022

Mission Springs

SMG E-science Academy

March 14-18, 2022

Walden West

Walsh STEAM Academy

April 6-8, 2022

Santa Cruz County Outdoor Science School

 
Financial Impact:
All costs will be paid by a mixture of individual student families, fund-raising monies, scholarships and Home and School Club funds  

Comments:
Submitted by:
Mary Alice Callahan, Principal, Barrett Elementary
Darren McDonald, Principal, El Toro Health and Science Academy
Breanna Cull, Principal, Nordstrom Elementary
Amber Andrade, Principal, Paradise Valley Engineering Academy
Alex Aasen, Principal, SMG E-Science Academy
Shannon Rafat, Principal, Walsh STEAM Academy
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services 
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:
220301 Personnel Order
J.3.b. Adopt Resolution Regarding Release and Reassignment of Certificated Administrative Employees
Rationale:
Education Code section 44951 authorizes the Governing Board to give notice by March 15th to a certificated employee holding a position requiring an administrative or supervisory credential of the Board’s decision to non-reelect the administrator for the next succeeding school year.

Non-reelection is a process that notifies a probationary certificated employee that their employment contract will not be renewed for the following school year. By statute, if an employee in their second year of probationary status does not receive notice of non-reelection by March 15th, then the employee becomes permanent at the start of the succeeding school year.

An administrator who has reached permanent status as a certificated employee may be reassigned to any position for which they are credentialed if such notice is given by March 15th. By statute, if an administrator does not receive notice of reassignment by March 15th, then the employee continues in the position currently held.

Education Code section 44894 authorizes the Governing Board to reassign a permanent certificated employee in an administrative position to any position within the scope of their credential for the next succeeding school year if such notice is given by March 15th, per Education Code section 44951.

Pursuant to the above sections of the Education Code and based on the recommendation of the Superintendent, the Board of Education is asked to adopt the attached resolution to  release (non-reelect) and reassign employees as itemized in Exhibit A and that the Superintendent or designee be directed to send appropriate notices by March 15, 2022, of the Governing Board’s decision to all certificated administrative employees as listed in Exhibit A.

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220301 Release and Reassignment of Certificated Administrative Employees Resolution
J.3.c. Adopt Resolution Regarding Non-Reelection of Probationary Certificated Employees
Rationale:
 A non-reelection is a process that notifies a probationary certificated employee that their employment contract will not be renewed for the following school year. By statute, if an employee in their second year of probationary status does not receive notice of non-reelection by March 15th, then the employee becomes permanent at the start of the succeeding school year.

Education Code section 44929.21 authorizes the Governing Board to give notice to a probationary certificated employee at any time prior to March 15th of the employee’s second probationary school year of employment by the District of the Board’s decision to non-reelect the employee for the next succeeding school year.

Pursuant to Education Code section 44929.21 and based on the recommendation of the Superintendent, the Board of Education is asked to adopt the attached resolution to non-reelect the employees as itemized in Exhibit A and that the Superintendent or designee be directed to send appropriate notices by March 15, 2022, of the Governing Board’s decision to all certificated employees as listed in Exhibit A.
 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220301 Non-Reelection of Probationary Certificated Employees
J.3.d. Adopt Resolution Proclaiming April 26, 2022 as School Bus Drivers’ Appreciation Day
Rationale:
California Highway Patrol and the California Department of Education has declared the fourth Tuesday of April as “School Bus Drivers’ Appreciation Day.”  As the Board of Education of the Morgan Hill Unified School District values its staff, the Board, by adopting the attached resolution, would like to take this opportunity to express gratitude for the transportation team who safely transport students to and from school every day by joining other districts in the State in proclaiming this “School Bus Drivers’ Appreciation Day.”
 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220301 School Bus Drivers Appreciation Day Reolution
J.3.e. Adopt Resolution Proclaiming April 27, 2022 as Administrative Professionals’ Day
Rationale:
The Morgan Hill Unified School District, in conjunction with National Administrative Professionals Day, has adopted a Resolution proclaiming the fourth Wednesday of April as Administrative Professionals Day.  

The term “Administrative Professional” encompasses all office support staff, the classified employees who are the link between parents, teachers and administrators who keep offices running smoothly and efficiently. As the Board of Education of the Morgan Hill Unified School District values its administrative support staff, the Board, by adopting the attached resolution, would like to take this opportunity to express its gratitude for their fine work by joining other districts in the country in proclaiming April 27th as Administrative Professionals’ Day.

 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220301 Admin Professionals Day Resolution
J.4. SUPERINTENDENT
J.4.a. 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:
220301 AB 361 Resolution
K. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
K.1. Public Hearing: Conduct Public Hearing and Accept Joint Contract Reopeners with Morgan Hill Classified Employees Association and Morgan Hill Unified School District for Negotiations
Rationale:
Public Hearing:

California law (see Government Code language below) requires that items to be negotiated be “sunshined,” or brought to light for the public, and that the Board of Education provides an opportunity for public comment before approving the opening of such negotiations.  

Per Board Policy 4243.1, "After the public has had an opportunity to provide input, the Board shall adopt its initial proposal at a public meeting."

Attached are the joint contract reopeners with Morgan Hill Classified Employees Association.  Following the acceptance of these reopeners, since they are submitted jointly, MHCEA and MHUSD will begin negotiations.

Government Code Section 3547.
(a) All initial proposals of exclusive representatives and of public school employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the public school employer and thereafter shall be public records.
(b) Meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer.
(c) After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, adopt its initial proposal.
(d) New subjects of meeting and negotiating arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on such subject by the public school employer, the vote thereon by each member voting shall also be made public within 24 hours.
(e) The board may adopt regulations for the purpose of implementing this section, which are consistent with the intent of the section; namely that the public be informed of the issues that are being negotiated upon and have full opportunity to express their views on the issues to the public school employer, and to know of the positions of their elected representatives.

Government Code Section 3547.5.

(a) Before a public school employer enters into a written agreement with an exclusive representative covering matters within the scope of representation, the major provisions of the agreement, including, but not limited to, the costs that would be incurred by the public school employer under the agreement for the current and subsequent fiscal years, shall be disclosed at a public meeting of the public school employer in a format established for this purpose by the Superintendent of Public Instruction.
(b) The superintendent of the school district and chief business official shall certify in writing that the costs incurred by the school district under the agreement can be met by the district during the term of the agreement. This certification shall be prepared in a format similar to that of the reports required pursuant to Sections 42130 and 42131 of the Education Code and shall itemize any budget revision necessary to meet the costs of the agreement in each year of its term.


Following the public hearing, it is recommended that the Board of Education accept the attached reopeners for negotiations with the Morgan Hill Classified Employees Association and the Morgan Hill Unified School District.

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220301 MHCEA and District Joint Reopeners
K.2. Public Hearing: Conduct Public Hearing and Accept Contract Reopeners with Morgan Hill Federation of Teachers for Negotiations
Rationale:

Public Hearing:

California law (see Government Code language below) requires that items to be negotiated be “sunshined,” or brought to light for the public, and that the Board of Education provides an opportunity for public comment before approving the opening of such negotiations.  

Per Board Policy 4243.1, "After the public has had an opportunity to provide input, the Board shall adopt its initial proposal at a public meeting."

Attached are contract reopeners with Morgan Hill Federation of Teachers.  Following the acceptance of these openers, MHUSD will also submit reopeners at a future board meeting after which the teams for MHFT and MHUSD will begin negotiations.

Government Code Section 3547.
(a) All initial proposals of exclusive representatives and of public school employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the public school employer and thereafter shall be public records.
(b) Meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer.
(c) After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, adopt its initial proposal.
(d) New subjects of meeting and negotiating arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on such subject by the public school employer, the vote thereon by each member voting shall also be made public within 24 hours.
(e) The board may adopt regulations for the purpose of implementing this section, which are consistent with the intent of the section; namely that the public be informed of the issues that are being negotiated upon and have full opportunity to express their views on the issues to the public school employer, and to know of the positions of their elected representatives.

Government Code Section 3547.5.

(a) Before a public school employer enters into a written agreement with an exclusive representative covering matters within the scope of representation, the major provisions of the agreement, including, but not limited to, the costs that would be incurred by the public school employer under the agreement for the current and subsequent fiscal years, shall be disclosed at a public meeting of the public school employer in a format established for this purpose by the Superintendent of Public Instruction.
(b) The superintendent of the school district and chief business official shall certify in writing that the costs incurred by the school district under the agreement can be met by the district during the term of the agreement. This certification shall be prepared in a format similar to that of the reports required pursuant to Sections 42130 and 42131 of the Education Code and shall itemize any budget revision necessary to meet the costs of the agreement in each year of its term.

Following the public hearing, it is recommended that the Board of Education accept the attached reopeners for negotiations with the Morgan Hill Federation of Teachers.

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220301 MHFT Reopeners
K.3. Exploring the Development of an Ad Hoc Committee: Morgan Hill Unified School District Education Foundation
Rationale:
In previous conversations, the Morgan Hill Unified School District Board of Trustees, has expressed an interest in exploring the creation of an educational Foundation. This item is aimed to expedite the process by developing an Ad Hoc Committee that can further explore options in order to inform the Board’s decision.
 
Comments:
Submitted by:
Dr. Carmen García, Superintendent 
K.4. California School Boards Association (CSBA) Delegate Assembly Election Ballots – Due March 15, 2022
Rationale:
The Delegate Assembly meets twice each year. It sets CSBA’s general policy direction and fulfills a critical governance role within the association. Delegates act as liaisons between CSBA and local board members in their regions, and they also meet with the other Delegates and the CSBA Director in their regions. All re-elected and newly elected Delegates serve two-year terms that begin April 1. 

Ballots for election to CSBA's Delegate Assembly, in subregions that have elections, were mailed to school districts and county offices of education by Feb. 1. Completed ballots should be returned to CSBA’s West Sacramento office and must be postmarked by the U.S. Postal Service no later than Tuesday, March 15, to be valid.

Run-off elections will be conducted in the case of tie votes. Results will be published May 11, 2022. The next meeting of the Delegate Assembly takes place on Saturday, May 21 and Sunday, May 22, 2022.

 
Comments:
Submitted by:
Dr. Carmen García, Superintendent 
Attachments:
220301 Delegate Assembly Ballot
K.5. New Business: Future Agenda Items
L. ADJOURNMENT
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, March 15, 2022, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, March 11, 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: February 25, 2022, 4:40 PM

The resubmit was successful.