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Regular Board of Education Meeting - Closed Session 5:00 PM
Morgan Hill USD
April 05, 2022 6:00PM
MHUSD Board Room/ZOOM Topic: Board of Education Meeting Time: Apr 5, 2022 5:00 PM Closed Session 6:00 PM Open Session Join Zoom Meeting https://us02web.zoom.us/j/89547222018 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. PUBLIC EMPLOYEE APPOINTMENT (Government Code § 54957)
A.6. RECONVENE TO PUBLIC SESSION
B. CALL TO ORDER / PLEDGE OF ALLEGIANCE
C. INTRODUCTION OF BOARD MEMBERS AND STAFF
D. ADOPTION OF AGENDA
E. CLOSED SESSION ACTION REPORT (Government Code § 54957.1)
F. PRESENTATIONS
F.1. El Toro Elementary School Presentation
Rationale:
Beginning January 2022 at every Regular Board of Education meeting, one district school will be highlighted. Principal McDonald from El Toro Health Science Academy will provide the April presentation.
 
Attachments:
220405 El Toro BOE Presentation
G. APPROVAL OF MINUTES
G.1. Approve the Minutes from the Regular Board Meeting of March 15, 2022
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
220405 Meeting Minutes March 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:
220405 Upcoming Events
J. CONSENT ITEMS
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.
 
J.1. BUSINESS SERVICES
J.1.a. Approve CalSHAPE Ventilation Program Notice of Proposed Award for Morgan Hill Unified
Rationale:
The California Energy Commission was authorized by Assembly Bill (AB) 841 (Chapter 372, Statutes of 2020) to design, administer, and implement the California Schools Healthy Air, Plumbing, and Efficiency Program (CalSHAPE). CalSHAPE includes two grant programs, CalSHAPE Plumbing and CalSHAPE Ventilation, for eligible parties within the service territories of the large electric and natural gas utilities in California.

On September 21, 2021, the Board of Education approved Staff's request to implement a filtration upgrade due to the COVID-19 pandemic. A large portion of the District’s HVAC systems were installed 15+ years ago and Staff needed to ensure that existing systems met recommended COVID-19 requirements.

The CalSHAPE Ventilation Program provides funding to local educational agencies for the reasonable costs of HVAC assessment, general maintenance and adjustment, filter replacement, and carbon dioxide monitor installation including certain repairs, replacements and other improvements to HVAC systems. CalSHAPE Ventilation prioritizes investments in facilities in underserved communities and those located near freeways or industrial facilities.

This grant will allow the District to relieve some of the costs associated with the filtration upgrade freeing up Maintenance Funds for other projects. Staff recommends adopting the resolution and to approve the CalSHAPE grant.

 
Financial Impact:
The grant will be applied to the Maintenance Fund
Comments:
Submitted by:
Jackie Schaefer, Director Bond Programs
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Attachments:
220405 CalSHAPE Resolution
220405 Grant Agreement
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 February 2022.

 
Comments:
Submitted by:
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Attachments:
220405 MHUSD Signed Contracts February 2022
J.1.c. Approve Award to Calstate Construction, Inc for the Renovation of the Administration Office at Nordstrom Elementary School Project
Rationale:
On November 17, 2021 the Board approved the Renovation of Administration Office at Nordstrom Elementary School Project.  

In accordance with public contract code, bid notice was placed in a local newspaper (San Jose Post Record) for two consecutive weeks. Bids were received and opened on March 24, 2022. Staff analyzed the bids for compliance and it was determined that the low bidder presented a responsive and responsible bid.

Rank

Name

Total

1

Calstate Construction, Inc.

$2,986,255

2

DRP Builders, Inc

$3,151,500

3

Dilbeck and Sons, Inc

$3,500,322

Staff requests approval to ratify the award of contract to Calstate Construction Inc. for the total bid price of $2,986,255. The price includes owner approved change order value allowance.

 
Financial Impact:
$1,815,800 to be funded from Measure G, Series B bond proceeds
$1,170,455 to funded from Developer Fees
Comments:
Submitted by:
Jackie Schaefer, Director Bond Programs
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Attachments:
220405 Calstate Contract
J.2. EDUCATIONAL SERVICES
J.2.a. Approve Special Education Contract Amendment in the Sum of $7,920
Rationale:
The Department of Special Education requests approval of the following 2021-22 Special Education contract and amendment for Morgan Hill Unified School District. 

Change with ABA

Amendment to contract for one program supervisor and three behavior technicians to add one additional behavior technician.

$7,920


 
Financial Impact:
Approve Special Education contract amendment in the sum of  $7,920 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. Adopt Resolution to Approve the 2021-2022 Child Development Services Agreement Amendments with the California Department of Education for California State Preschool Program CSPP-1566
Rationale:
The Morgan Hill Unified School District and the California Department of Education have maintained a contractual relationship for child development services for the purpose of serving the eligible preschool population students in the community based on family income requirements.  

The original amount encumbered by Contract CSPP-1566 State Preschool was Board approved on August 17, 2021. That document of $294,763 was amended by $11,944 to $306,707 due to the maximum rate per child day of enrollment payable increasing from $49.85 to $51.87 per Amendment 1. The contract was then further amended $86,705 to $393,412 per Amendment 2 which replaced “the maximum rate per child day of enrollment payable pursuant to the provisions of the agreement shall be $51.87” with “effective January 1, 2022, the service county reimbursement rate as provided in https://www.cde.ca.gov/fg/aa/cd/documents/csppcontractrateattb.xlsx is applicable to the sites, as located in the service counties, approved by the Early Education Division and indicated in the Child Development Management Information System (CDMIS).”

All funds to operate this program are provided by the California Department of Education’s State Child Development Program.

 
Financial Impact:
The district receives an indirect service cost from these monies.


Comments:
Submitted by:
Victoria Sorensen, Director Secondary Education
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
220405 CSPP - 1566 Amendments Resolution
J.2.c. 3rd Quarterly Report 2021-2022 on Williams Uniform Complaints, January 1 – March 31, 2022, 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 3rd 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:
220405 Williams Quarterly Form
J.2.d. 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 attached list of furniture, building materials, and equipment which has been declared obsolete or unusable by the Facilities Department. The District will use Gov Deals to assist in the sale of some items.
 
Financial Impact:
Funds generated from the sale of the equipment will be deposited within the fund which originally purchased it
Comments:
Submitted by:
Victoria Sorensen, Director of Secondary Education 
Pilar Vazquez- Vialva, Assistant Superintendent, Educational Services

Attachments:
220405 Obsolete and Disposal and Sale of Surplus Equipment
J.2.e. Universal PreKindergarten Grant Assessment
Rationale:
Decades of research demonstrate that an early and strong foundation for learning matters. Children who have effective learning opportunities before kindergarten have an advantage in school and in life over children who do not, especially children with adverse childhood experiences.

California is poised to realize universal prekindergarten (UPK) for all four-year-old children, and to expand services for three-year-old children through the unprecedented investments in the Budget Act of 2021, including universal transitional kindergarten (UTK) and expansion of the California State Preschool Program (CSPP).

The 2021–22 State Budget package established the UPK Planning and Implementation Grant Program as a state early learning initiative with the goal of expanding access to prekindergarten programs at local educational agencies (LEAs). This grant program provides $200 million for the California Department of Education (CDE) to allocate directly to LEAs to support planning and implementation costs associated with expanding prekindergarten options, such as universally-available transitional kindergarten (TK), CSPP, and Head Start for eligible students, and other local and community-based partnerships.

The Universal Prekindergarten (UPK) Local Educational Agency (LEA) Assessment Tool in the Board packet this evening serves as a periodic update and tool to internally assess our district’s level of readiness as we work to expand access to prekindergarten programs.
 
Comments:
Submitted by:
Arlene Machado, Special Projects, Educational Services
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
220405 UPK LEA Assessment Tool
J.3. HUMAN RESOURCES
J.3.a. Accept 2020-21 Personnel Commission Annual Report
Rationale:
Per Education Code 45266, "The personnel director shall be responsible to the commission for carrying out all procedures in the administration of the classified personnel in conformity with this article and the rules of the commission and shall be free of prejudgment or bias in order to ensure the impartiality of the commission. He or she shall also act as secretary of the commission and shall prepare, or cause to be prepared, an annual report which shall be sent by the commission to the governing board."

In accordance with this provision in the Education Code, staff has prepared the 2020-21 Annual Report which provides a summary of the work completed by the Personnel Commission staff, including the hiring activities for classified personnel, and recognizing those who have retired from the school district.

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220405 Annual Report 2020-2021
J.3.b. 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:
220405 Personnel Order Revised
J.3.c. Adopt Resolution Declaring May 6, 2022 "School Lunch Hero Day"
Rationale:
The National School Nutrition Employee Week is May 2-6, 2022, and the School Nutrition Association has designated May 6, 2022, as “School Lunch Hero Day.” In keeping with this designation and in order to bring much deserved recognition to the members of our nutrition department who dedicate themselves to preparing meals for students, adhering to strict nutrition standards, and navigating student food allergies,  administration is recommending approval of a resolution proclaiming May 6, 2022 as the “School Lunch Hero Day."
 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220405 School Lunch Hero Day
J.3.d. Adopt Resolution Declaring May 11, 2022 "National School Nurse Day"
Rationale:
Our state legislature, in cooperation with the California Department of Education, has designated May 11, 2022 as “National School Nurse Day.” In keeping with this designation and in order to bring deserved recognition to our nurses and other health office personnel who dedicate themselves to the care of the students of the Morgan Hill Unified School District, who have taken on new duties related to  COVID testing, symptom monitoring, and reporting, the administration is recommending approval of a resolution proclaiming May 11, 2022 as the “National School Nurse Day."
 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220405 National School Nurse Day
J.3.e. Adopt Resolution Declaring May 11, 2022 "California Day of the Teacher"
Rationale:
National Teacher Appreciation Week is May 2-6, 2022, and National Teacher Appreciation Day is May 4, 2022. 

However, the California state legislature, in cooperation with the California Department of Education, has designated May 11, 2022 as “California Day of the Teacher.”  The California Day of the Teacher arose out of legislation co-sponsored by the California Teachers Association and the Association of Mexican American Educators. Senator Joseph Montoya wrote the bill and it was adopted in 1982. California has patterned its celebration after the traditional El Dia del Maestro festivities observed in Mexico and other Latin American countries.

In keeping with this designation and in order to bring much deserved recognition to the members of our certificated staff who dedicate themselves to the education of the students of the Morgan Hill Unified School District administration is recommending approval of a resolution proclaiming May 11, 2022 as the “California Day of the Teacher."

 
Financial Impact:
None
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220405 California Day of the Teacher
J.3.f. Adopt Resolution Declaring May 15-21, 2022 "Classified School Employee Week"
Rationale:
In accordance with Education Code 45460, our state legislature, in cooperation with the California Department of Education, has designated May 15-21, 2022 as “Classified School Employee Week.” In keeping with this designation and in order to bring much deserved recognition to the members of our classified staff who dedicate themselves to supporting the education of the students of the Morgan Hill Unified School District, the administration is recommending approval of a resolution proclaiming May 15-21, 2022 as “Classified School Employee Week."
 
Financial Impact:
None
Comments:
Submitted by: 
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220405 Classified Employee Week
J.4. SUPERINTENDENT
K. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
K.1. Approve Resolution in Support of the Congressional IDEA Full Funding Act Re-introduced on November 16, 2021 H.R. 5984 and S. 3213
Rationale:
In 1975, Congress passed the Individuals with Disabilities Education Act (IDEA) to ensure that every child with a diagnosed disability has access to educational opportunities. This law was a historic step forward, but since its passage, Congress has failed to provide the funding promised under this bill. Under the 1975 IDEA legislation, the federal government committed to pay 40 percent of the average per-pupil expenditure for special education. However, that pledge has never been met. The IDEA Full Funding Act (H.R. 5984 and S. 3213) would require regular increases in IDEA spending to aid local educational agencies in meeting their commitment to the communities and young people they serve.
 
Comments:
Submitted by:
Dr. Iván Montes, Trustee
Dr. Carmen García, Superintendent
Attachments:
220405 Resolution in Support of the Congressional IDEA Full Funding Act Re-introduced on November 16, 2021 H.R. 5984 and S. 3213
K.2. Approve Earth Day Resolution
Rationale:
As a community of educational partners (students, families, and educators alike), the Morgan Hill Unified School District understands and acknowledges our collective responsibility to protect the environment via environmentally responsible actions, advocacy, and awareness campaigns on our campuses, offices, and community. This resolution reaffirms MHUSD’s commitment to environmental stewardship and to the continued partnership with our students to address sustainability topics that enhance our collective environmental efforts.
 
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
220405 Earth Day Resolution
K.3. Measure G Citizens' Oversight Committee Annual Report 2020-21
Rationale:
Under the provisions of the California Constitution as amended by Proposition 39, an independent Citizens’ Oversight Committee (Committee) was established in January 2013 to assure that 2012 Measure G Bond funds are spent as approved by the voters. The Committee is required to publish an annual report of its findings.

The Committee has met throughout the year, receiving updates from District Staff regarding District facilities activities. The Committee has reviewed specifically the expenditures from Measure G to ensure that they are consistent with and in compliance with the Measure G ballot language. Additionally, the Committee has received regular project updates for the work scheduled through the program.

 
Comments:
Submitted by:
Lawrence Fleischer, Chair Citizens' Oversight Committee
Jackie Schaefer, Director Bond Programs
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Attachments:
220405 COC Annual Report
K.4. Student Nutrition Update
Rationale:
Student Nutrition Director, Michael Jochner, will provide an update on the Student Nutrition program.
 
Comments:
Submitted by:
Michael Jochner, Director Student Nutrition
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Attachments:
220405 Student Nutrition Update Presentation
K.5. Facilities Study Session
Rationale:
The purpose of this study session is to highlight the District's focus on the current and future status of District facilities and grounds. To begin the discussion, the new Director of Maintenance and Grounds, Ricky Carrillo, will discuss his first 90 day assessment, current and completed projects as well as facility and grounds needs moving forward. In addition, Jackie Schaefer, Director of Bond Programs, will provide an update on the Measure G Bond projects.

The information and discussion during the study session will highlight key next steps for the updating and beautification of the District facilities and grounds.

 
Comments:
Submitted by:
Ricky Carrillo, Director Grounds and Maintenance
Jackie Schaefer, Director Bond Programs
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Attachments:
220405 Facilities Study Session Presentation
K.6. New Business: Future Agenda Items
L. ADJOURNMENT
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, May 3, 2022, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, April 29, 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: April 1, 2022, 6:18 PM

The resubmit was successful.