(Education Code 35149, 48918(c), 72122) Administrative Hearing Officer: Dawn Mori, Director of Student Services

(Education Code 35149, 48918(c), 72122) Administrative Hearing Officer: Dawn Mori, Director of Student Services

(Education Code 35149, 48918(c), 72122) Administrative Hearing Officer: Dawn Mori, Director of Student Services

Initiation of litigation pursuant to subdivision (c) of section 54956.9: (Number of Cases: Two (2))

Initiation of litigation pursuant to subdivision (c) of section 54956.9: (Number of Cases: One)

Case Name: Claim 2017/2018 - #1

(Education Code 54957) 

Title: Assistant Superintendents' Contracts

(Education Code 54957) 

Title: Administrative Assignments

(Education Code 54957.6) District Negotiator: Debra M. Hendricks and Sharon Roddick
 Employee Organizations: All Groups (Sylvan Educators Association; California School Employees Association, Chapter 73; and Unrepresented)

The Board of Trustees shall report out the vote on the potential litigation: Claim 2017/2018 - #1.

It is recommended the Board of Trustees approve the recommendations of the Administrative Hearing Panel in the matter of Student 2017/2018 - AH# 08.

It is recommended the Board of Trustees approve the recommendations of the Administrative Hearing Panel in the matter of Student 2017/2018 - AH# 09.

It is recommended the Board of Trustees approve the recommendations of the Administrative Hearing Panel in the matter of Student 2017/2018 - AH# 10.

The Board of Trustees received three (3) communications.  They are as follows:

1) Certified Statement of the 11-7-2017 Consolidated District Election from the Stanislaus County Clerk/Recorder/Registrar of Voters

2) Notification of Approval of Election Cycle Change to Even-Numbered Years from the Stanislaus County Clerk/Recorder/Registrar of Voters

3) Review of Sylvan Union School District's First Interim Report for fiscal year 2017-18 from the Stanislaus County Office of Education

The wellness policy requirement was established by the Child Nutrition and Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Reauthorization Act of 2004 and further strengthened by the Healthy, Hunger-Free Kids Act of 2010 (HHFKA).  It requires each Local Educational Agencies (LEA) participating in the National School Lunch Program and/or School Breakfast Program to develop a wellness policy.  The final rule expands the requirements to strengthen policies and increase transparency.  The responsibility for developing, implementing, and evaluating a wellness policy is placed at the local level, so the unique needs of each school under the LEA’s jurisdiction can be addressed.  On July 29, 2016, the USDA Food and Nutrition Service (FNS) finalized regulations to create a framework and guidelines for written wellness policies.  Attached is the Sylvan Union School District revised Wellness Policy that complies with the USDA Food and Nutrition Service (FNS) finalized regulations to create a framework and guidelines for written wellness policies.

The Board of Trustees will review the Sylvan Union School District Wellness Policy Draft.

Attached is a document that provides a review of the Bond Fund (Fund 21) and new information to begin planning the funding of the districts Facilities Master Plan.

Governor Brown released his 2018-19 State Budget Proposal on January 10, 2018. While he continues to support education with additional funding, he warns of the impending recession. Staff has highlighted some of the more significant items below.

• The Governor’s State Budget proposal includes:
         • $2.9 billion to fully fund LCFF
         • $1.8 billion for One-time Discretionary funding

• 2018-19 LCFF Factors and Considerations:
         • 2018-19 COLA 2.51% (before 2.15%)
         • Gap 100%, fully fund in 2018-19 (before 66.12% and fully fund by 2020-21)
         • Once fully funded, LCFF will be adjusted for COLA only in the out years
                   • No more significant increases from year to year
                   • Projected COLAs:
                             • 2019-20 = 2.41%
                             • 2020-21 = 2.80%
                             • 2021-22 = 3.17%
         • ADA, which we continue to see a decline, will also affect LCFF

• One-time Discretionary Funding
         • $295 per 2017-18 P-2 ADA
         • For Sylvan, estimated at $2,295,312
         • Set-aside for textbook adoption

• The proposed State Budget does not include funding for the following:
         • Home-to-School Transportation Programs – Remains flat at 2012-13 levels, does not receive COLA
         • The growing obligations for CalSTRS and CalPERS

• According to the Governor’s Budget, the district reserve cap will not be triggered in 2018-19
         • The reserve cap of 10% is imposed if all four (4) conditions are met
         • Only three (3) out of four (4) are met for 2018-19:
             Met      1. The Proposition 98 maintenance factor is fully repaid
                                  – The maintenance factor is fully repaid
       Not Met      2. Proposition 98 is funded based on Test 1
                                  – Funding based on Test 3 in 2018-19
              Met     3. Proposition 98 is sufficient for enrollment growth and statutory COLA
                                  – State ADA project decline of 0.29% and statutory COLA of 2.51% fully funded
              Met     4. Deposit is made into the Proposition 98 reserve when capital gains exceed 8% of General Fund revenues
                                  – Capital gains revenues account for 9.8% of tax revenues in 18-19
         • 2015-16 Statewide averages for Unrestricted Fund Balances
                   • Elementary SD = 21.54%, 2.58% increase from prior year
                   • High SD = 17.19%, 2.33% increase from prior year
                   • Unified SD = 16.45%, 3.36% increase from prior year

Additional information is provided in the attached 23-slide PowerPoint provided by School Services for California for use by districts. It summarizes the Governor’s Budget Proposal for the state’s 2018-19 Fiscal Year Budget.

Additionally, the 2018-19 Pocket Budget provided by School Services has been attached.

Attached is a document for the Board's review providing an update on the State School Facility Program.  Williams and Associates has provided an update on the status of each of the district's school eligibility for funding.  I have added highlights in yellow and additional narration on points that must be discussed by the Board of Trustees for future action.  The Board of Trustees will need to pay close attention to the information for Sherwood Elementary, Woodrow Elementary, and Ustach Middle School.

Staff is also seeking direction to move forward with issuing an Request for Proposal (RFP) for Architect Services to begin the design to modernize Ustach Middle School and to design the replacement of several roofs throughout the district which will include Sylvan Elementary, Ustach Middle, Orchard Elementary, selected portable roofs, and roof hatches throughout the district.  The RFP Process requires two (2) months to complete.

It is recommended that the Board of Trustees consider adding an agenda item for facility planning to the budget study session scheduled for February 13, 2018, to allow time for the Board of Trustees to fully engage in a discussion of the topic.  

The Board of Trustees will review and discuss information provided for the State School Facility Program.

The Board has discussed the Unused Site Penalty from the Office of Public School Construction (OPSC) at the Board meeting in June 2017 and August 2017.  At the August Meeting, the Board directed staff to research leasing the Tivoli property to a farmer to offset the fee established by the OPSC.

After speaking to two (2) different commercial realtors, I was provided the name of the farmer that farms land around the Tivoli property.  The farmer is interested in farming the land at $250 per acre per year.  He would plant two (2) types of grain and explained that he plants a summer crop and a winter crop.  It would generate $2,500 a year, that could be used to offset the penalty.

Ms. Harvey also spoke to me about looking into the possibility of partnering with the city to turn it into a dog park.  I will be reaching out to the City of Modesto before the next board meeting to see if they would be interested in partnering with the district to provide a temporary park for the community.  

Attached is information that has been provided to the Board at past meetings.

The Board of Trustees will review information regarding the Unused Site Fee.

A Friday update was on November 16, 2017, and similar information was provided at the December 5, 2017, Board Meeting providing information on the need to purchase a delivery van for the warehouse, which can also be used by maintenance and transportation, and a second van that is needed for the Food Service Department.

 Warehouse/M&O Purchase of a Delivery Van

 A delivery van will provide the following benefits:

• Reduce the use of the large delivery truck for runs when a smaller vehicle is needed.  This provides benefits such as
  • Reduced fuel costs
  • Less wear and tear on the large delivery truck, thus extending the life of the truck
• Provide an alternative vehicle for the Warehouse when the large truck is needed by other departments.
• A smaller vehicle is more safe providing unobstructed views of roads, parking lots and other vehicles, and it is easier to park.
• All departments will benefit from the purchase.

When the 2017-18 M&O budget was prepared along with the Capital Outlay plan, we planned and budgeted for the purchase of a dump style truck for the department in the amount of $75,000.  Since then Mr. Gales has determined that a dump style trailer in an amount not to exceed $5,000 will serve department needs, and that there is sufficient budget to make both purchases.

Food Services Department Purchase of a Delivery Van

A delivery van will provide the following benefits for the Food Service Department:

• Reduce the use of the large delivery trucks for runs when a smaller vehicle is needed. This provides benefits such as
  • Reduced fuel costs
  • Less wear and tear on the large delivery trucks thus extending their expectancy 
  • Provides an alternative vehicle to be used by the department when the S10 is already being used. 
  • Provides a vehicle that can be used to make small deliveries during bad weather so that food and equipment is not exposed to the elements.
  • Having another small vehicle to use by the department because of our expanding program.

The food service department is required to maintain a three (3) month reserve fund to provide the department a revenue source in the event funding stops during that period of time. Any additional funds over the three (3) month reserve fund must be used by the Food Service Department for program improvements.  Purchasing a small delivery van for the department to use will improve the department for the reasons provided. The food service reserve fund will be used to purchase the smaller van to be used by the Food Service Department.

See attached quote from National Auto Fleet Group through their NJPA Contract #120716-NAF.   

Approval is recommended to purchase one (1) van for the Warehouse and one (1) van for Food Services through a National Joint Powers Alliance (NJPA) contract (Contract # 120716-NAF).

Approval is requested to purchase one (1) van for the Warehouse, and one (1) van for Food Services through a National Joint Powers Alliance (NJPA) contract (Contract #120716-NAF).

Cafeteria Fund:  $35,779.93

Maintenance & Operations:  $35,779.93

It is recommended that the Board of Trustees adopt Resolution 2017/2018- #18, recognizing February 5-9, 2018, as "National School Counseling Week."

None

A contracted accounting firm must perform an audit of the District’s financial statements annually. Christy White Associates conducted the audit of the 2016-2017 fiscal year financial statements. Their report was finalized in December and copies were filed with the State Controller’s Office, the California Department of Education, and Stanislaus County Office of Education.

Ms. Sarah Fiehler from Christy White Associates will present a summary of the report and accept questions from the Board of Trustees.

Attached is the Audit Report dated June 30, 2017.  Hard copies will also be provided to the Board of Trustees and is available to the public during normal business hours. 

It is recommended the Board of Trustees approve the Audit Report for the year ending June 30, 2017.

Change Order No. 5 is comprised of items listed on the attached document in the total amount of $11,962.  This brings the contract total to $6,396,049.  Change Order No. 5 will be paid from project contingency.

Contingency: $304,150

Change Orders No. 1, 2, 3, & 4: Less $301,087

Add Donation from B&G Club for lab: Add: $50,000

Change Order No. 5: Less: $11,962

Contingency Balance: $41,101

Staff recommends the approval of Change Order No. 5 with Boyer Construction in the amount of $11,962.

The Board of Trustees will consider approval of Change Order No. 5 with Boyer Construction in the amount of $11,962 for the Sylvan Reconstruction Project.

Project Contingency Funds:  $11,962

The district decided several years ago to begin standardizing security alarms systems through Sonitrol. Of our sixteen (16) district sites, thirteen (13) are monitored by Sonitrol, and three (3) are monitored by another company that only monitors by movement.  Our sites monitored by Sonitrol went from having vandalism or break ins to being almost free of onsite crime. 

Crossroads Elementary School is next on our list to upgrade their security system through Sonitrol.  The upgrade was identified on the 2016-17 Capital Outlay Plan and budgeted in the 2017-18 fiscal year.

Staff recommends approval to contract for Security Monitoring Services with Sonitrol at Crossroads Elementary School.

The Board of Trustees to consider approval to contract for Security Monitoring Services with Sonitrol at Crossroads Elementary School.

Routine Repair and Maintenance:  

Crossroads:  $42,759.26

The Business Department has explored Benefit Management Software provided by Keenan and another from American Fidelity.  The software provided by Keenan and Associates provides features that will be most beneficial to the payroll department in managing employee benefits for our employees.  The cost is $2.05 per employee per month for those employees loaded to the system.  We have approximately five hundred (500) employees enrolled in our health plans, so I anticipate the cost to be approximately $12,300 per year, although it will vary each month.  It has some great features such as an employee on-line portal that will support on-line enrollment and secure transmission of data to our insurance carries.  Attached is a brochure detailing the capabilities of the software. 

It is recommended the Board of Trustees approve the purchase of Benefit Management Software from Keenan and Associates at a cost of $2.05 per employee in the system.  Approximate cost is estimated at $12,300 per year.

The Board of Trustees will consider approving the purchase of Benefit Management Software from Keenan and Associates at a cost of $2.05 per employee in the system.  Approximate cost is estimated at $12,300 per year.

Self Insured Fund (Fund 67):  Approximate annual cost of $12,300

As our district has studied, learned, and grown as a Professional Learning Community, we have become more committed than ever to the principle that “All means all”.  However, in spite of that commitment, the achievement gap stubbornly persists.  To that end, the Ed Services team attended a training by Dr. Anthony Muhammad on the topic of “Overcoming the Achievement Gap Trap”.  The workshop addressed the connections between educator mindset and student achievement gaps.  The achievement gap topic has been explored through many lenses, including political, economic, and pedagogical. Despite these sincere efforts, student achievement gaps in American schools, including Sylvan Schools, are as large as they have ever been.

Dr. Muhammad believes that well-intentioned policies or strategies are hopeless in environments where educators possess a superiority or victim mindset. Instead, a liberation mindset is key for unlocking the potential of staff and students.

As a strategy toward meeting our 3 Year Plan goals, we have invited Dr. Muhammad to lead district administrators and teacher leaders to understand the facts about the American achievement gap, as well as factors and conditions that create it.  As we recognize the power of educator mindsets on professional practice and student performance, we can determine how to assess our schools and district. Dr. Muhammad will lead us to create and learn to apply comprehensive school plans to help schools project a liberation mindset.

Staff recommends the Board of Trustees approve the purchase agreement with Solution Tree, Inc. for onsite professional development with Dr. Anthony Muhammad on Friday, March 9, 2018.

Staff recommends the Board of Trustees approve the purchase agreement with Solution, Tree Inc. for onsite professional development with Dr. Anthony Muhammad on Friday, March 9, 2018.

Title I Funds: $8,300

As we continue to address Sylvan's 3 Year Plan and goals, it has become clear that we need to address our achievement gap.  The Epoch Education, Inc. training focused on identifying road blocks that may exist connecting with families and students and providing ideas to address them.

Staff recommends ratification of the agreement for training services by Epoch Education, Inc. 

Staff recommends the Board of Trustees approve the agreement for training services with Epoch Education, Inc.

General Funds set aside for Professional Learning: Approx: $3,500. NOT TO EXCEED $4,000.

Based on a student's current IEP, services have been provided through Behavioral & Educational Strategies & Training (B.E.S.T.) since the start of the 2017-2018 school year.

Staff recommends the Board of Trustees approve the service contract with Behavioral & Educational Strategies & Training (B.E.S.T).

Staff recommends the Board of Trustees approve the service contract with Behavioral & Educational Strategies & Training (B.E.S.T.).

$34,031.04 for the 2017-2018 school year

NOT TO EXCEED $35,000

Through the IEP process parents have requested an outside assessment at public expense.

Staff recommends the Board of Trustees approve the service agreement with Therapeutic Language Clinic, Inc.

Staff recommends the Board of Trustees approve the service agreement with Therapeutic Language Clinic, Inc.

Special Education: $550.  NOT TO EXCEED 1,000.

It is recommended that Board of Trustees approve the minutes of the December 4, 2017, Special Board Meeting, December 5, 2017, Regular Board Meeting, and January 16, 2018, Special Board Meeting.

Education Code 17546 allows districts to sell or dispose of obsolete property/instructional materials if the value of the item is less than $2,500 and the sale/disposal is approved by a unanimous vote of the Board of Trustees.  In keeping with Board policy 3270, "Sale and Disposal of Books, Equipment and Supplies", the materials on the attached list are being brought to the Board of Trustees for the process of being obsoleted.  They represent sets of Core Literature that 1) no longer support our new language arts adoption, or 2) have not been checked out be teachers for use in many years, or 3) are dilapidated to the point that they’re unusable in a classroom setting.  These materials comply with the Board policy in that 1) they have been replaced by more recent editions or new materials selected by the Board of Trustees and have no foreseeable value in other instructional areas, and 2) they are not aligned with the District's academic standards or course of study.  Pursuant to AR 3270, we are attempting to work with a book distributor to sell some or all of these materials.  In the event that we are successful, all proceeds of the sale will be available to purchase basic instructional materials, supplemental instructional materials, or technology-based materials.

Staff recommends the Board of Trustees declare the value of each obsolete item listed is less than $2,500; and to authorize staff to dispose of the instructional materials in accordance with Education Code 17546.

It is recommended the Board of Trustees declare the value of each obsolete item on the list is less than $2,500; and authorize staff to dispose of the instructional materials in accordance with Education Code 17546.

None.

In November 1988, California voters passed Proposition 98, also known as The Classroom Instructional Improvement and Accountability Act.  This ballot initiative provides California's public schools with a stable source of funding.  In return, all public schools in California are required annually to prepare School Accountability Report Cards (SARC) and disseminate them to the public.  SARCs are intended to provide the public with important information about each public school and to communicate a school's progress in achieving its goals.

It is recommended the Board of Trustees approve the 2016-2017 School Accountability Report Cards for the thirteen (13) Sylvan Union School District schools. 

The Board of Trustees to approve the 2016-2017 School Accountability Report Cards for the Sylvan Union School District. 

Staff recommends the acceptance of the Quarterly Report on Williams Complaints, Subject Area of Complaints, and Resolution of Complaints for quarter ending December 31, 2017. 

Effective January 1, 2005, pursuant to the Williams vs. State of California litigation settlement and as defined in Education Code 35186, Sylvan Union School District posted in every classroom a statement that students have the right to sufficient textbooks and instructional materials, that school facilities are clean, safe, and maintained in good repair and that there are no teacher vacancies or teacher misassignments.  Summaries of complaints must be publicly reported to the Board on a quarterly basis at a regularly scheduled meeting and forwarded to the County Superintendent of Schools. 

As of December 31, 2017, Sylvan Union School District has not received any complaints.

It is recommended the Board of Trustees accept the Quarterly Report on Williams Complaints, Subject Area of Complaints, and Resolution of Complaints for the Quarter Ending December 31, 2017.

None

Students and staff benefit from business partnerships within our community.

It is recommended that the Board of Trustees approve renewal of district membership with the Modesto Chamber of Commerce for the period covering February 1, 2018, to January 31, 2019.

$250.00 annually

It is recommended the Board of Trustees ratify the Yearbook Contracts with Shoob Photography for C.F. Brown and Orchard Elementary School for the 2017-2018 school year.

Staff recommends the Board of Trustees ratify the Yearbook Contracts with Shoob Photography for C.F. Brown and Orchard Elementary School for the 2017-2018 school year.

It is recommended the Board of Trustees ratify the Yearbook Contracts with Shoob Photography for C.F. Brown and Orchard Elementary School for the 2017-2018 school year.

1. The donation of a $75.00 transportation grant from State Theatre of Modesto, Inc. to C.F. Brown Elementary School for transportation costs.

2. The donation of $80.00 from YourCause Corporate Employee Giving Programs to Freedom Elementary School for student supplies and recognition.

3. The donation of $200.00 from Stanislaus Partners in Education to Freedom Elementary School for Mrs. Erin Collins to provide incentives and rewards to students in her class. 

4. The donation of $200.00 from Stanislaus Partners in Education to Standiford Elementary School for Mrs. Jill Aja-Yates to provide incentives and rewards to students in her class. 

5. The donation of $646.42 in lumber from Simpson Strong-Tie, Inc. to Somerset Middle School for students in the Woodshop class.