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Regular Board of Education Meeting - Closed Session 3:00 PM
Morgan Hill USD
June 21, 2022 6:00PM
MHUSD Board Room/ZOOM Join Zoom Meeting https://us02web.zoom.us/j/89356474744 Public Comment contact Kelly Schriefer schrieferk@mhusd.org

A. CALL TO ORDER
A.1. PUBLIC COMMENT ON CLOSED SESSION TOPICS
Rationale:
Members of the public may address the Board at this time regarding items on the Closed Session agenda. The Board of Education reserves the right to limit speaking time to three (3) minutes or less per individual.
 
A.2. ADJOURN TO CLOSED SESSION (3:00 PM)
A.3. PUPIL PERSONNEL - Student Discipline Education Code §48918 (c)(K-12)
A.3.a. Recommendation for Suspended Expulsion and Rehabilitation Plan for Student E 21/22-011
Comments:
Submitted by:
Jessie Swift, Director 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: Two Cases
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. PUBLIC EMPLOYMENT / PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) GOALS UPDATE Title: Superintendent
A.8. 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. Charter School Morgan Hill Update
Rationale:
The Charter School Morgan Hill will present their annual update presentation.
 
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
220621 CSMH Annual Update Presentation
G. APPROVAL OF MINUTES
G.1. Approve the Minutes from the Regular Board Meeting of June 7, 2022
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
220621 Meeting Minutes June 7, 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. 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.
 
I.1. BUSINESS SERVICES
I.1.a. Approve Lease Agreement With Santa Clara County Office of Education for Use of the Land at Martin Murphy Middle School
Rationale:
Pursuant to Education Code §38131(b) and Board Policy 1330, the governing board may grant the use of school facilities or grounds for public use upon terms and conditions that will not impact educational programs at the site.  The Board is requested to approve the attached lease agreement with the Santa Clara County Office of Education, which is in compliance with these mandates.
 
Financial Impact:
Earnings from the lease agreements are deposited into the general fund
Comments:
Submitted by:
Ricky Carrillo, Director Grounds and Maintenance
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Attachments:
220621 SCCOE Lease for Murphy 2022-25
I.1.b. Approve Lease Agreements for Use of Facilities and/or Utilities at Various Sites
Rationale:
Pursuant to Education Code 38131(b) and Board Policy 1330, the Governing Board may grant the use of school facilities or grounds for public use as long as they don’t impact educational programs at the site.  The Board is requested to approve the attached leases.

The fee will increase by $130 per year, per site for use of District owned facilities and $0.15 a square foot per year, per site for utility fees for non-district owned facilities (where applicable).

Organization

School

District Owned

Non-District Owned

Catalyst Kids

El Toro

X

Nordstrom

X

X

Walsh

X

X

Go Kids

SMG

X

X

YMCA

Barrett

X

Paradise Valley

X

Los Paseos

X

 

All organizations are responsible for contracting all refuge, phone, data, cable TV and internet services directly with the service providers.

 
Financial Impact:
Earnings from the lease agreements are deposited into the general fund
Comments:
Submitted by:
Ricky Carrillo, Director Grounds and Maintenance
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Attachments:
220621 Catalyst Kids Lease Agreement 22-25
220621 Go Kids Lease Agreement 22-25
220621 YMCA Lease Agreement 22-25
I.1.c. Approve Declaration of Obsolete and Disposal and Sale of Surplus Equipment
Rationale:
In accordance with Education Code 17545 and Morgan Hill Unified School District Board Policy / Administrative Regulation 3270, Staff requests Board approval to sell and/or dispose of the following assets  which have been declared obsolete or unusable by the Student Nutrition Department. The District will use Gov Deals to assist in the sale of obsolete unused furniture, vehicles and equipment.

The following items are obsolete: 

(2) Steam Mixing Kettles - Cleveland #HA-MKGL-60-T

(2) Steam Kettles - Groen EE-60

(1) 2006 Ford Truck, Super Duty F650, (VIN# 3FRWF65R76V269022)

(1) Illapak Carrera 500C Overwrap Machine

 
Financial Impact:
Proceeds from the sale will be deposited in the account where the items were purchased
Comments:
Submitted by:
Michael Jochner, Director of Student Nutrition & Records Retention
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
I.1.d. 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 May 2022.

 
Comments:
Submitted by:
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Attachments:
220621 MHUSD Signed Contracts May 2022
I.2. EDUCATIONAL SERVICES
I.2.a. Approve Adoption of Advanced Placement Human Geography Course
Rationale:
The Educational Services Department, in consultation with the Social Studies Teachers and Secondary Curriculum Council, recommend the adoption of the Advanced Placement Human Geography Course. 
 
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
220621 AP Human Geography Course Outline
I.2.b. Approve Special Education Contract Amendment in the Sum of $30,000
Rationale:
The Department of Special Education requests approval of the following 2022-23 Special Education contract for Morgan Hill Unified School District. 

Psyched Services

Add additional assessments up to a cost of $30,000 to cover vacant school psychologist position.

$30,000.00


 
Financial Impact:
$30,000 included in the adopted budget
Comments:
Submitted by:
Dr. Rebecca O’Brien, Director Special Education
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
220621 Psyched Services
I.2.c. Approve A-G Completion Improvement Grant PlanWas edited within 72 hours of the Meeting
Rationale:
The Educational Services Department is recommending the approval of the A-G Completion Improvement Grant Plan.  This plan is established for the purpose of providing additional support to local educational agencies to help increase the number of California high school pupils, particularly unduplicated pupils, who graduate from high school with A-G eligibility. This grant shall be used for activities that directly support pupil access to, and successful completion of, the A-G course requirements. Funds are available for expenditure or encumbrances through the 2025-26 fiscal year.
 
Financial Impact:
We will receive $399,686 from the state
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
220621 A-G Completion Improvement Grant Plan
I.2.d. Approve Expanded Learning Opportunities Program Plan
Rationale:
The Educational Services Department is recommending the approval of the Expanded Learning Opportunities Program (ELOP) Plan.  Expanded learning means before school, after school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on learning experiences.  

It is the intent of the Legislature that expanded learning programs are pupil-centered, results driven, include community partners, and complement, but do not replicate, learning activities in the regular school day and school year. (EC Section 8482.1[a]).  “Expanded learning opportunities” has the same meaning as “expanded learning” as defined in EC Section 8482.1. “Expanded learning opportunities” does not mean an extension of instructional time, but rather, opportunities to engage pupils in enrichment, play, nutrition, and other developmentally appropriate activities. (EC Section 46120[e][1]) 

The ELOP Plan will be reviewed annually.

 
Financial Impact:
ELOP $1,348,752
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
220621 ELO Program Plan SY2022
I.2.e. Approve Travel for FFA Officers to the FFA Retreat from August 7, 2022 to August 9, 2022 in Arnold, CA
Rationale:
Local Morgan Hill/Live Oak chapter FFA officers will attend the FFA Retreat from August 7, 2022 to August 9, 2022 in Arnold, CA.  The purpose of the retreat is to bond and strategize/plan out the school year ahead as well as bond as an FFA officer team before the beginning of the school year. Students will participate in leadership and communication activities and grow as leaders of our Morgan Hill FFA Chapter.  This is a vital and beneficial trip to gain leadership skills, prepare strategies and organize events in advance. 

10 FFA Officers and at least 2-3 parents/former FFA members will accompany and assist in transporting students.  Students will room at a private residence in Arnold, CA from August 7 until August 9. 

The cost of the trip is $50 per student for food and travel with scholarships available to students who need assistance.
 
Comments:
Submitted by: 
Tanya Calabretta, Principal, Live Oak High School
Pilar Vialva-Vazquez, Assistant Superintendent Educational Services 
I.3. SUPERINTENDENT
I.3.a. Adopt Resolution Authorizing Compensation for Carol Gittens' Absence from a Regular Meeting of the Morgan Hill Unified School District Board of Education Held on May 17, 2022
Rationale:
The attached resolution authorizing compensation for Carol Gittens' absence from a regular meeting of the Board of Education held on May 17, 2022 is submitted for approval in accordance with Board Policy 9250.
 
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
220621 BOE Excuse Absence Reso_Gittens
I.3.b. Approve Financial Literacy Resolution
Rationale:
Integrating financial education throughout the secondary experience represents an opportunity to reach students at pivotal points in their development and financial lives. When we start early with age-appropriate and relevant financial education and consistently reinforce those lessons, we may afford the young people we serve more opportunities to develop positive habits, behaviors and techniques that may deepen their financial literacy and better prepare them for the financial situations they are likely to encounter in higher education, the workplace, and in life.
 
Comments:
Submitted by:
Dr. Iván Montes, Board Vice-President
Dr. Carmen García, Superintendent
Attachments:
220621 Financial Literacy Reso
I.3.c. Adopt Call for Governing Board Order of Election for the November 8, 2022 Election Resolution
Rationale:
The following information was received from the Santa Clara County Registrar of Voters in preparation for the November 8, 2022 board election.  All documents must be returned to the Registrar of Voters prior to July 6, 2022:

Resolution - Call for Governing Board Election

There are four (4) open seats to be filled in the November 8, 2022 election.  Trustee Areas 1, 2, 3 and 4 are to be elected for the 2022-2026 terms of office as a result of the expired terms of Wendy Sullivan, John Horner, Heather Orosco and Carol Gittens.

All candidates must pickup and file forms with the County of Santa Clara Registrar of Voters’ office during the nominations period starting Monday, July 18, 2022 (E-113) at 8:00 a.m. and ending on Friday, August 12, 2022 (E-88) at 5:00 p.m. If an incumbent fails to file their Declaration of Candidacy by deadline, the nominations period will extend for an additional five calendar days, through Wednesday, August 17, 2022 at 5:00 p.m.

 
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
220621 Call for Board Election Reso
I.3.d. Approve Board of Education Schedule and Agenda Prep Dates for 2022-23
Comments:
Submitted by:
Dr. Carmen García, Superintendent
Attachments:
220621 BOE Schedule and Prep Dates 2022-23
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Public Hearing to Ratify Tentative Agreement Between the Morgan Hill Unified School District and the Morgan Hill Educational Leaders Association Effective July 1, 2022 – June 30, 2024Was edited within 72 hours of the Meeting
Rationale:
Public Hearing/Action:

The Morgan Hill Educational Leaders Association and the District have met and conferred on topics of interest related to compensation and other matters.  On June 15, 2022, they reached agreement on the following:

Degree stipends 

  • Effective July 1, 2022, the annual stipend for Bachelor’s degree (classified management only) increases from $500 to $1000 

  • Effective July 1, 2022, the annual stipend for a Master’s and a Doctoral degree each increases from $1500 to $2500

  • Effective July 1, 2022, the maximum annual stipend amount increases from $3000 to $5000

Salary 

  • Effective July 1, 2022  the Administrative salary schedule increases by 5% 

  • Effective July 1, 2023 the Administrative salary schedule increases by 4% 

Health and Welfare 

  • Effective new plan year, January 1, 2023, the District contribution toward health and welfare benefits for an individual increases from $800 to $1050/month (from $9,600 to $12,600 annually)

  • Effective new plan year, January 1, 2023, the District contribution toward health and welfare benefits for two-party plans increases from $1050 to $1250/month (from $12,600 to $15,000 annually)

  • Effective new plan year, January 1, 2023, the District contribution toward health and welfare benefits for family plan from $1300 to $1500/month (from $15,600 to $18,000)

In addition, two positions were reviewed and reclassified. 

  • Effective July 1, 2022, the classified Director I salary range shall be adjusted to the same salary range as classified Coordinator

  • Effective July 1, 2022, K-8 Assistant Principal shall be reclassified from the Elementary Assistant Principal salary range to the Middle School Assistant Principal salary range

After conducting the public hearing, staff recommends that the District ratify the agreement.

 
Comments:
Submitted by:
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
220621 AB1200 MHELA Disclosure Agreement
220621 MHELA Agreement
J.2. Approve Local Control Accountability Plan (LCAP)
Rationale:
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

Educational Services is recommending the approval of the 2022-2023 Local Control Accountability Plan (LCAP). The plan has been updated based on input from educational partners. The LCAP has been available for public review and further comment since the June 7 Governing Board public hearing.


 
Financial Impact:
Projected budget of $6,885,941
Comments:
Submitted by: 
Pilar Vialva-Vazquez, Assistant Superintendent Educational Services 
Attachments:
220621 2022 MHUSD Local Control and Accountability Plan (LCAP)
J.3. Approve Morgan Hill Unified School District’s Annual Budget for 2022-23 School Year in Accordance With Education Code 42122-42127
Rationale:
The proposed budgets for 2022-23 for all District funds are enclosed for Board approval. The budget was presented to the Board on June 7, 2022. In addition, the Board held a public hearing on June 7, 2022 as required by Education Code section 42103 to solicit public comment on the 2022-23 proposed budget. Since the June 7, 2022 Public Hearing no changes have been made to the proposed budget. 

Attached are the following documents which were provided at the prior Board meetings:

  • Summary of income, expenses and fund balance for all funds
  • Standard Account Code Structure (SACS) financial reports for all funds reflecting 2021-22 estimated actuals and 2022-23 proposed budget
  • Budget Presentation from June 7, 2022 Board Meeting

Education Code Section 42127 states that, “no later than 45 days after the Governor signs the annual Budget Act, the school district shall make available for public review any revisions in revenues and expenditures that it has made to its budget to reflect the funding made available by that Budget Act.” Note that this does not specify that revisions must be made; rather, it requires that any revisions that the District chooses to make be available for public review within 45 days after the Governor signs the budget. If the District decides to make a budget revision as a result of the Budget Act, those revisions would be presented to the Board in August 2022.

 
Financial Impact:
Approve annual budget for 2022-23 school year in accordance with Education code 42122-42127
Comments:
Submitted by:
Lisa Lee, Director Fiscal Services
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Attachments:
220621 Adopted Budget
220621 Adopted Budget 2022-23 Presentation
220621 Form CB
220621 Form CC
J.4. Adopt Resolution Establishing Committed Fund Balances for the 2022-23 Fiscal Year
Rationale:
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.

 
Comments:
Submitted by:
Lisa Lee, Director Fiscal Services
Irma Manzo, Co-Interim Chief Business Officer
Phuong Le, Co-Interim Chief Business Officer
Attachments:
220621 Committed Fund Reso
J.5. Approve School Plans for Student Achievement (SPSA) 13 TK/K-12 Sites
Rationale:
The School Plans for Student Achievement (SPSA) provide summaries for the major actions and budget allocations that each school will undertake to meet the unique needs of their students. These actions align to and compliment the actions in the Local Control Accountability Plan. The plans have been submitted for Governing Board approval.
 
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
220621 SPSA Barrett
220621 SPSA Barrett Infographic
220621 SPSA Britton
220621 SPSA Britton Infographic
220621 SPSA Central
220621 SPSA Central Infographic
220621 SPSA El Toro
220621 SPSA El Toro Infographic
220621 SPSA JAMM
220621 SPSA JAMM Infographic
220621 SPSA Live Oak
220621 SPSA Live Oak Infographic
220621 SPSA Los Paseos
220621 SPSA Los Paseos Infographic
220621 SPSA Murphy
220621 SPSA Murphy Infographic
220621 SPSA Nordstrom
220621 SPSA Nordstrom Infographic
220621 SPSA PVE Infographic
220621 SPSA PVEA
220621 SPSA SMG
220621 SPSA SMG Infographic
220621 SPSA Sobrato
220621 SPSA Sobrato Infographic
220621 SPSA Walsh
220621 SPSA Walsh Infographic
J.6. Community-Based Organization (CBO) Partnerships Study Session
Rationale:
Staff will provide a presentation regarding community partners and how we work together to support the whole child. "When schools and community organizations work together to support learning, everyone benefits. Partnerships can serve to strengthen, support, and even transform individual partners, resulting in improved program quality, more efficient use of resources, and better alignment of goals and curricula" (Harvard Family Research Project, 2010). The presentation will include an overview of current and future partnerships aimed to expand our supports to more students and families in our community; these additional partnerships can assist with our planning stages for the new Family and Community Engagement (FACE) Center.
 
Comments:
Submitted by:
Jessie Swift, Director of Student Services and Enrollment
Dr. Carmen García, Superintendent
Attachments:
220621 Community Based Organizations Presentation
J.7. Ad Hoc Committee Report Regarding the Potential Formation of a Morgan Hill Educational Foundation
Rationale:
Trustees Escoto, Horner and Sullivan will report on their work regarding the possibility of a new 501{C}3 foundation as an additional means of supporting MHUSD students.
 
Comments:
Submitted by:
John Horner, Board President
Dr. Carmen García, Superintendent
Attachments:
220621 MHUSD Educational Enrichment Foundation Presentation
K. PUPIL DISCIPLINE
K.1. Approve Recommendation for Expulsion and Rehabilitation Plan for Student E 21/22-011
L. ADJOURNMENT
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, August 2, 2022, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, July 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: June 17, 2022, 5:09 PM

The resubmit was successful.