Regular Board of Education Meeting - Closed Session 5:00 PM Morgan Hill USD June 07, 2022 6:00PM MHUSD Board Room
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Public Comment contact Kelly Schriefer
schrieferk@mhusd.org
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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. |
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Beginning January 2022 at every Regular Board of Education meeting, one district school will be highlighted. Principal Calabretta from Live Oak High School will provide the June presentation. |
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Summited by: Dr. Carmen García, Superintendent |
220607 Live Oak High School Presentation
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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.
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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. |
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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. |
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Cash donations added to budgets of each site
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Submitted by:
Lisa Lee, Director Fiscal Services
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
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220607 Donations Reso
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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 April 2022. |
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Submitted by:
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer |
220607 MHUSD Signed Contracts April 2022
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In accordance with Board Bylaw 9124, the District annually approves contracts for legal services. In evaluating legal counsel, staff has considered the firm or attorney's background; experience and reputation in education law; experience advising or representing school districts in California; fee schedule, and experience of attorneys at the firm who will provide legal services. Based on these criteria, the following firms are recommended:
- Atkinson, Andelson, Loya, Ruud & Romo
- Burke, Williams & Sorensen
- Fagen Friedman & Fulfrost
- Liebert Cassidy Whitmore
- Lozano Smith
- Orbach Huff & Henderson
- The County of Santa Clara
Having a variety of legal firms allows the District flexibility to select the firm with the most expertise and experience for a particular matter. Since these firms represent many clients in the education field the possibility of conflict of interest could arise, the District will have the option to easily select alternative counsel. |
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$383,000 is included in the Adopted Budget for legal services
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Submitted by:
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
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220607 AALRR Legal Services Agreement 220607 BWS Legal Agreement 220607 County of Santa Clara Legal Services Agreement 220607 F3 Legal Services Agreement 220607 Law Firm Performance Assessment 220607 LCW Legal Services Agreement 220607 Lozano Smith Legal Service Agreement 220607 OHH Legal Services Agreement
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Proposition 30, The Schools and Local Public Safety Protection Act of 2012, temporarily increased the State’s sales tax rate and the personal income tax rates for upper-income taxpayers through 2018-19. Proposition 55,Tax Extension to Fund Education and Healthcare, passed in November 2016 extends by an additional 12 years (through 2030) the temporary personal income tax increases enacted in 2012. The passage of Proposition 30 and Proposition 55 did not provide additional revenues to schools; however, it did prevent any mid-year cuts to education funding that would have otherwise occurred.
The funds received from these tax measures are deposited into the Education Protection Account (EPA) and there are several accountability measures on these funds including:
- Requires school governing boards to make spending determinations at an open session of a public meeting
- Prohibits funds from being used for administrative costs
- Requires districts to annually publish accounting of funds on its website
- Inclusion of Proposition 30 and Proposition 55 revenues and expenditures in annual financial audits
For Fiscal Year 2022-23, it is estimated the District will receive $1,558,635 in funding as a result of the passage of Proposition 55. Staff recommends that the Board approve the attached allocations. |
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Estimated revenue of $1,558,635 for 2022-23
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Submitted by:
Lisa Lee, Director Fiscal Services
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
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220607 EPA 2022-23
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Fund 11, Adult Education, and Fund 14, Deferred Maintenance, were established to allow districts to account separately for state funding restricted for the Adult Education and Deferred Maintenance programs. Prior to implementation of the Local Control Funding Formula (LCFF), these funds met the definition of a special revenue fund. Since LCFF removed program restrictions and LCFF funding is now available for any educational purposes, Fund 11 and 14 no longer meet the definition of a special revenue fund.
Per the Governmental Accounting Standards Board (GASB) Statement 54, districts may continue to use Fund 11 and 14, if formal action is taken, to commit the funds for the purposes for which they were originally intended. By passing this resolution, the Board is committing the fund balances in Fund 11 for the purpose of Adult Education and Fund 14 for the purpose of Deferred Maintenance. These funds may be uncommitted at any time by Board action. |
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Submitted by:
Lisa Lee, Director Fiscal Services
Phuong Le, Co-Interim Chief Business Officer
Irma Manzo, Co-Interim Chief Business Officer |
220607 Committed Fund Balance Resolution
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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. The District actively participates in several cooperative purchasing programs to obtain effective and low-cost products and services. The combined volume of partners in the cooperative creates significant discounts. In addition, participating in cooperative purchasing programs increases efficiency by reducing time spent to source, award and administer contracts.
The District has determined that participation in the following cooperative purchasing programs is essential to ensure the District receives the lowest price while using Staff’s time efficiently:
California Multiple Award Schedules (CMAS) | CalSAVE (Statewide Program of the Monterey County Office of Education) | General Services Administration (GSA) | National Association of State Procurement Officials (NASPO) | NCPA - National Cooperative Purchasing Agency | Omnia Partners OMNIA | Pennsylvania Education Purchasing Program for Microcomputers (PEPPM) | School Employers Association of California (SEAC) | School Project for Utility Rate Reduction (SPURR) | Sourcewell Cooperative Purchasing | The Cooperative Purchasing Network (TCPN) | Western States Contracting Alliance (WCSA-NASPO – Subsidiary Entity) | |
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Submitted by:
Lisa Lee, Director Fiscal Services
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
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The Quintessential School Systems (QSS/QCC) application and software support services are necessary to support the District's human resources and business operations including budgeting, finance, and accounting functions. Santa Clara County Office of Education (SCCOE) also provides backup and disaster recovery for QSS/QCC hosted data and training for District employees on applications and software. The network services are necessary to provide connectivity to SCCOE and the internet. Firewall and filtering hosted by SCCOE will allow MHUSD to leverage volume licensing for web filtering, reducing our costs by approximately fifty percent from our previous provider as well as provide enterprise level security to all systems and data on district internet. The annual cost to provide services for Fiscal Services and Technology Support Services are as follows:
$144,944.36 QSS services
$15,000.00 Network access services 10 Gbps
$13,125.00 Firewall/filtering 1-2 Gbps firewall and content filtering
Staff recommends approving Memorandum of Understanding with Santa Clara County Office of Education for 2022-23 Annual Technical Services. |
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$173,069.36 from the Unrestricted General Fund |
Submitted by:
Brandon Coelho, Technology Coordinator
Lisa Lee, Director Fiscal Services
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer |
220607 SCCOE MOU
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Staff has been actively searching for the best solution to update our Cisco Call Manager phone system as it reached its EOL (end-of-life). Since the system is EOL, it can no longer be updated to receive critical security patches, expanded to support additional phones, or be worked on by Cisco support if any issues were to occur. Staff researched the most cost effective and simplest way to update this critical system. Three possible solutions are available:
- Upgrading the current phone system software to the latest version and keeping the vast majority of the phones
- Switching to a new internally hosted phone system and replacing all phones
- Switching to a cloud based phone system and replacing all phones
When evaluating these solutions, the following three key areas were taken into account: cost, implementation/down time, and time to learn/teach a brand new system to Staff. It was determined that upgrading the current system to the latest version was the most responsible and effective solution.
Staff vetted multiple vendors to supply the necessary software/hardware as well as to handle the implementation of this large system upgrade. Staff is recommending that the Board the approve the contract with IT Management in the amount of $384,514.92 to complete this project. This includes a 10% contingency. |
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$384,514.92 from Measure G Bond, Series B |
Submitted by:
Brandon Coelho, Information Technology Coordinator
Jackie Schaefer, Director Bond Programs
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
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220607 IT Management Agreement
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On November 6, 2012, voters residing within the Morgan Hill Unified School District passed Measure G. Measure G is a $198.25 million bond measure that authorizes funding for needed repairs, upgrades, and new construction projects to the District’s schools. Since the bond was passed in accordance with the provisions of Proposition 39, state law requires that the Morgan Hill Unified School District appoint a Citizens’ Oversight Committee (Committee) to oversee the bond measure.
In accordance with Education Code Section 15278(b), the Committee responsibilities are:
- Inform the public concerning the District’s expenditure of Measure G bond proceeds;
- Review expenditure reports produced by the District to ensure that Measure G bond proceeds were expended only for the purposes set forth in Measure G; and
- Present to the Board of Education in public session, an annual written report outlining their activities and conclusions regarding the expenditure of Measure G bond proceeds.
On June 19, 2018, Dr. Frank Serrano was approved as a member of the Committee representing the position of “Parent/Guardian of a child enrolled in the District.” Dr. Serrano has been a valuable member of the Committee serving as the Committee Chair. Staff is requesting Board approval for an extension of his appointment to the Committee for an additional term, expiring June of 2024. |
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Submitted by:
Jackie Schaefer, Director Bond Programs
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
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In December 2016 Charter School of Morgan Hill (CSMH) approved the purchase of a bus from A to Z Bus Service and pupil transportation services began in August 2017.
Since CSMH does not have a full-service transportation department, there are some functions and tasks that could be provided in a more efficient manner by the District. This agreement allows CSMH to procure, at their discretion, services such as fueling, parking, mechanic, and field trips.
Staff reviewed the renewal agreement and recommend approval of continual transportation services. |
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Payment received will be placed in the Transportation Fund
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Submitted by:
Kathleen Rael, Director Transportation
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
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220607 Service agreement between MHUSD and MH Charter
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The cheer team, under new leadership, will attend the Varsity UCA cheer camp in San Ramon, CA at the San Ramon Marriot. The team will leave the morning of August 5, 2022 and participate in various workshops, seminars, team building and networking activities, returning on August 7, 2022. The camp includes housing and meals as well as other materials.
The cheer coach (tentative, still hiring), and at least 2-3 district approved and processed parents/former cheer members will accompany and assist in transporting cheer students to the San Ramon Marriot. Students will room at the San Ramon Marriot, breakfast and meals are included.
The cost of the trip is $376 per student. Cheerleaders will be able to pay on a payment plan, be provided fundraising opportunities over the summer and team parents/school will support with this and scholarships. Overall, the cheer ABSO account will pay the organization for each cheerleader attending. |
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Submitted by: Tanya Calabretta, Principal, Live Oak High School Pilar Vialva-Vazquez, Assistant Superintendent Educational Services |
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The Ann Sobrato High School Future Farmers of America (FFA) leadership team would like to to hold their 2022-2023 Sobrato FFA Officer Retreat on Monday, August 8, 2022 to Wednesday, August 10, 2022 in Bass Lake, California.
The overall purpose of the officer retreat is to conduct officer training and bonding to help the Sobrato FFA officer team prepare for the upcoming year. The calendar, fundraising, and recruitment will be planned for the 2022-2023 school year. The Sobrato FFA advisors, Katy Stoffel, Kayla Erath, and Katherine Gardner will attend the officer retreat and act as chaperones. The entire team will stay at a cabin in Bass Lake with different boys and girls rooms. Transportation to and from the officer retreat will be provided for the students via the Ag vehicles.
The cost of supplies and materials is about $200 per person and the chapter will cover all expenses except food. Fundraising opportunities will be available to all students upon request. No school will be missed because this officer retreat is happening the week before school begins.
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Submitted by: Theresa Sage, Principal, Ann Sobrato High School Pilar Vazquez-Vialva, Assistant Superintendent Education Services
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The Department of Special Education requests approval of the following 2022-23 Special Education contract for Morgan Hill Unified School District.
3 Chords, dba Therapy Travelers
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Contract for two Speech Language Pathologists for 2022-23 school year.
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$276,353.00
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Special education contract in the sum of $276,353.00 included in the adopted budget |
Submitted by: Dr. Rebecca O’Brien, Director Special Education Pilar Vazquez-Vialva, Assistant Superintendent Educational Services |
220607 Therapy Travelers
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The Educational Services Department, in consultation with the Physical Education/Marching Band task force and Secondary Curriculum Council, recommend the adoption of the Physical Education/Marching Band course. In the Band course, students in grades 10-12 will earn 5 credits of Physical Education and 5 credits of Visual and Performing Arts during the school year. |
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Submitted by: Pilar Vazquez-Vialva, Assistant Superintendent Educational Services |
220607 Marching Band PE Course Outline Gr 10-12 220607 Marching Band PE Slides 22607 Marching Band Syllabus 2021
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The Educational Services Department, in consultation with the Social Studies Teachers and Secondary Curriculum Council, recommends the adoption of the BFW Publishers Ways of the World A Global History with Sources and Ways of the World Thinking Through Sources books for AP World History.
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Instructional Materials Fund |
Submitted by: Pilar Vazquez-Vialva, Assistant Superintendent Educational Services |
220607 AP World History Textbook Adoption
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The Educational Services Department, in consultation with the Social Studies Teachers and Secondary Curriculum Council, recommend the adoption of the AP Human Geography Course. We also recommend the adoption of the associated texts by Pearson Education: The Cultural Landscape – An Introduction to Human Geography and Test Prep Series for AP Human Geography.
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Instructional Materials Fund |
Submitted by: Pilar Vazquez-Vialva, Assistant Superintendent Educational Services |
220607 AP Human Geography Textbook Adoption
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The Educational Services, in consultation with Secondary Curriculum Council, and in line with student feedback seeking more course options, we are recommending the adoption of the AP Capstone Diploma program along with its related AP Capstone courses. The AP Capstone Diploma program will provide additional opportunities for students in grades 9-12 interested in more Advanced Placement courses, increases students’ academic competitiveness and distinction when applying to postsecondary institutions across the nation, and is designed to complement and enhance the course specific study that takes places in other AP courses. |
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$10,000 from LCFF funds |
Submitted by: Pilar Vazquez-Vialva, Assistant Superintendent Educational Services |
220607 AP Capstone Diploma 220607 Capstone AP Research Course Outline Template 220607 Capstone AP Seminar Course Outline Template
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See attached
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Included in adopted budget
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Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
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220607 Personnel Order
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The school board will hold a public hearing to receive input on the Level 1 developer fee justification study. The new Level 1 rates justified for the District are $4.79 per square foot for residential projects and $0.78 per square foot for commercial industrial projects except for rental self-storage facilities in which a fee of $0.05 per square foot is justified. In accordance with State law, the report has been available for public review and notice of the public hearing has been advertised along with being posted in the regular locations for meeting notices in the School District.
The Level 1 rates are adjusted by the SAB every two years to account for increases in school construction costs. The SAB approved the 2022 rates in February 2022.
A second action item and resolution will be presented to the board following this item to consider the imposition of the justified fees.
The Board will discuss and receive public input on the approval of Level 1 developer fee study as described above. Staff recommends approving the resolution to adopt the study which is a pre-requisite to imposing the new Level 1 developer fee levels. |
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Submitted by:
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer |
220607 Developer Fee Presentation 220607 Justification Study 220607 Resolution Adopting Fee Justification Study 2022
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The Board of Education has held a public hearing and approved the Level 1 developer fee justification study which justified developer fee rates of $4.79 per square foot for residential projects and $0.78 per square foot for commercial industrial projects except for rental self-storage facilities in which a fee of $0.05 per square foot is justified. In accordance with State law, this resolution will authorize the District to impose the newly justified fees.
Upon approval of the resolution, the updated Level 1 rates will go into effect in 60 days. |
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Submitted by:
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
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220607 Justification Fee Study 220607 Resolution Increasing Level 1 Fees
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BACKGROUND An election was held in the Morgan Hill Unified School District on November 6, 2012 for the issuance and sale of general obligation bonds of the District for various school improvements in the maximum amount of $198,250,000 (the “Measure G”). The District has previously issued two series of bonds under Measure G. The schedule for issuing the final series of bonds in an amount not to exceed $63,250,000 authorized under Measure G (the “Bonds”) currently anticipates selling such Bonds after the time that the Auditor-Controller calculates the taxes to be levied for District bonded debt during fiscal year 2022-23. Therefore, this Resolution is being brought before the Board of Education now to formally request that, pursuant to Education Code Sections 15252-15254, the Board of Supervisors of the County adopt a tax rate and levy a tax for the Bonds. The tax rate will be based upon an estimated debt service schedule prepared by the District. The Resolution further authorizes the District officials to file a certified copy of the Resolution with the Board of Supervisors of the County and to deliver copies of the Resolution to the Auditor-Controller and Treasurer and Tax Collector of the County.
Adoption of this Resolution is necessary to ensure that property taxes are levied during fiscal year 2022-23 for the payment of the Bonds. The Bonds are expected to be sold during fiscal year 2022-23. |
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There is no fiscal impact to the General Fund resulting from the issuance of the Bonds
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Submitted by:
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer |
220607 Presentation - Morgan Hill USD GO Bonds Series C 6-2022 220607 Tax Levy Resolution
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The LCAP is intended as a comprehensive planning tool to support student outcomes and is an important component of the local control funding formula (LCFF). Under the LCFF, all local educational agencies (LEAs) and charter schools are required to prepare an LCAP, which describes how they intend to meet annual goals for all pupils, with specific activities to address state and local priorities identified pursuant to California Education Code (EC) sections 52060(d), 52066(d), and 47605
In adopting the LCAP the governing board shall:
• Hold at least one public hearing to solicit recommendations and comments from the public regarding the specific actions and expenditures in the LCAP. Notice posted at least 72 hrs. before the hearing must provide location for public inspection of LCAP.
• Hold the public hearing at the same meeting as the public hearing required on the LEA budget.
• At a subsequent meeting, scheduled for June 21, 2022, the governing board adopts the LCAP and the LEA budget. |
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Submitted by: Pilar Vazquez-Vialva, Assistant Superintendent Educational Services |
220607 Local Control and Accountability Plan
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Public Hearing:
As required by Education Code section 42103, 42127, and 52062, the Governing Board of the Morgan Hill Unified School District will hold a public hearing to solicit public comment on the 2022-23 proposed budget of the District, prior to final adoption. The proposed budget was available for public inspection at the District Office beginning June 2, 2022 during regular office hours as well as on the District's website. Final action to approve the 2022-23 budget will be taken at the June 21, 2022 Board of Education meeting. |
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Submitted by:
Lisa Lee, Director Fiscal Services
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
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220607 All Forms 220607 Fund Summary
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Public Hearing:
In accordance with SB 858 and Education Code 42127, school districts are required to include the following information for review and discussion with their adopted and revised budgets:
- The minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget
- The combined assigned and unassigned ending fund balances that are in excess of the minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget, pursuant to Education Code Section 33128(a). The fund balances included are Fund 01, General Fund, and Fund 17, Special Reserve Fund for Other Than Capital Outlay Projects.
- A statement of reasons that substantiates the need for an assigned and unassigned ending fund balance in excess of the minimum recommended reserve for economic uncertainties for each fiscal year
Beginning in 2015-16, school districts must include this information each time it files an adopted or revised budget with the County Superintendent of Schools. The County Superintendent of Schools shall determine whether a school district’s adopted or revised budget complied with these requirements.
SB 858 also includes provisions for reserve caps or limits if four State revenue conditions are met. For 2021-22, it is anticipated that all of the conditions will be met and the reserve limits will be activated the following fiscal year (2022-23). As amended by Senate Bill (SB) 751 in September 2017, the reserve limit only applies in a fiscal year immediately following a fiscal year in which the State makes a deposit of at least three percent (3%) of the Proposition 98 funding into the State’s Public School System Stabilization Account (the reserve that was created by Proposition 2). If the reserve cap is activated, a district with an ADA of 400,000 or less would be limited to a combined assigned or unassigned ending balance of ten percent (10%) in the General Fund and Special Reserve Fund for Other Than Capital Outlay. The County Superintendent of Schools may grant an exemption of this requirement for up to two consecutive fiscal years within a three year period to any district that documents extraordinary fiscal circumstances that substantiate the need for a reserve in excess of the limit.
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Submitted by:
Lisa Lee, Director Fiscal Services
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
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220607 Statement for Excess Reserves
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The School Resource Officer MOU for the fiscal year 2022-2023 and 2023-2024 will provide one School Resource Officer (SRO) to respond to school campuses, build positive relationships, promote a safe and positive school climate and conduct official business outlined in the MOU. The SRO and Morgan Hill Unified staff will continue to work together on a shared focus of ensuring a safe and caring school climate for all children, especially those who are vulnerable and at risk of harmful behaviors. In addition, we have improved our internal practices by using data to increase engagement and positive relationships. This partnership will also provide increased access to mental health partnerships and shift practices to be proactive, restorative, and supportive to help reduce the number of students in the criminal system. In addition, the SRO will be active in the community through community events, parent education, and outreach. |
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Submitted by: Dr. Carmen García, Superintendent |
220607 MHUSD/City of MH SRO MOU
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The next REGULAR meeting of the Board of Education is scheduled for Tuesday, June 21, 2022, with Open Session beginning at 6:00pm. The agenda will be available on the District's website by 5:00pm Friday, June 17, 2022. |
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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. |
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Published: June 3, 2022, 7:38 PM
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