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

(Education Code 54957, Education Code 44951)

Title: Administrative Assignments

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

None at this time.

At the August 28, 2018, Regular Board meeting, the Board of Trustees was given a "preview" and received policy binders for the May and October 2017 policy updates.  The Board of Trustees and staff will review policy updates for a "first reading" at the September 11, 2018, Regular Board meeting, "second reading" at the October 9, 2018, Regular Board meeting, and final reading/adoption at the October 30, 2018, Regular Board meeting.

The Board of Trustees and staff to conduct a "first reading" of the policy updates and minor revisions from July through October 2017. 

The attached reports contain the District’s final revenue and expenditures for the fiscal year ending June 30, 2018.  These reports are compiled by district staff in compliance with State guidelines.  An independent audit firm is hired by the District to review the report upon completion, hence, the title Unaudited Actual Financial Report.

The District’s General Fund operates under State funded revenue provided through the Local Control Funding Formula (LCFF).  Prior to the beginning of the fiscal year, a budget is created with the Local Control Accountability Plan (LCAP) as a guide.  Expenditures support goals and actions addressed in the District LCAP.  The process includes ongoing evaluation of the District’s areas of success, areas for improvement, and areas of additional need.

Additional funds operated by the District have specific requirements based on the revenue source.  Each fund is presented separately with a summary of revenue and expenditures, beginning and ending reserve, and cash balances.  Within the General Fund are subcategories identified as resources, which carry their own cash and individual guidelines.  For this report, they are combined into two (2) categories, unrestricted and restricted.  Unrestricted funds may be used for all types of expenditures, while restricted funds are designated for specific purposes.

The following funds, per the Standardized Account Code Structure (SACS), are currently being operated by the District: 
  -  General Fund 
  -  Cafeteria Special Revenue Fund 
  -  Deferred Maintenance Fund 
  -  Special Reserve Fund for Postemployment Benefits 
  -  Building Fund – Bond 
  -  Capital Facilities Fund - Developer Fees 
  -  Special Reserve Fund for Capital Outlay Projects 
  -  Bond Interest and Redemption Fund - Bond Fund 
  -  Childcare Enterprise Fund 
  -  Self-Insured Fund 

Additional documents within the report include the following required supplemental forms: 
  -  Form A – Average Daily Attendance 
  -  Form L – Lottery Expenditures 
  -  Form CEA – Current Expense Formula / Minimum Classroom Compensation 
  -  Form NCMOE – No Child Left Behind Maintenance of Effort 
  -  Form GANN – Appropriations Limit Calculation 
  -  Form PCRAF – Program Cost Report, Allocation Factors 
  -  Form PCR – Program Cost Report 
  -  Form ICR – Indirect Cost Rate Worksheet 
  -  Form SIAA – Summary of Interfund Activities, Actuals 
  -  Form DEBT – Schedule of Long-Term Debt 
  -  Form ASSET – Schedule of Capital Assets 
  -  SEMA & SEMB – Special Education Maintenance of Effort 
  -  Technical Review Checks – 2017-18 Unaudited Actuals and 2018-19 Adopted Budget 

Please see attached reports.

It is recommended the Board of Trustees approve the 2017-2018 Unaudited Actual Financial Report.

The Board of Trustees is presented budget revisions by major object codes. The major object codes categorize the types of revenue or expenditure. Special items within this summary have previously come before the Board of Trustees in one manner or another. 

As the fiscal year closes, final revisions to the budget provide the Board of Trustees a summary of the changes from previously presented reports to better reflect the actual receipts and expenditures. 

Attached are the summaries of the budget revisions made from March 1, 2018, through June 30, 2018, for the following funds:

  -  General Fund 
  -  General Fund – Unrestricted 
  -  General Fund – Restricted 
  -  Cafeteria Special Revenue Fund 
  -  Deferred Maintenance Fund 
  -  Special Reserve Fund for Postemployment Benefits 
  -  Building Fund – Bond 
  -  Capital Facilities Fund – Developer Fees 
  -  Special Reserve Fund for Capital Outlay Projects 
  -  Bond Interest and Redemption Fund - Bond Fund 
  -  Childcare Enterprise Fund 
  -  Self-Insured Fund 

Also attached are the explanations of the budget changes made during the same time period. 

It is recommended the Board of Trustees approve the budget revisions for the period of March 1, 2018, through June 30, 2018.

As per Board Policy 7310 Facilities, the Board of Trustees shall name schools or individual buildings in recognition of the following:

1. Individuals, living or deceased, who have made outstanding contributions to the county, the Sylvan community, or the District.

2. Individuals, living or deceased, who have made contributions of state, national or worldwide significance.

3. The geographic area in which the school or building is located.

4. A name that could be associated with a significant historical event or concept.

At the August 28, 2018, Regular Board Meeting, the Board of Trustees discussed naming the Sylvan STEAM Academy MPR after Mrs. Terriann Zeek, who served on the Sylvan Board of Trustees for seventeen (17) years.  

A Request for Proposal and Qualifications was issued and advertised in the Modesto Bee on August 15 and August 22, 2018, for architectural services.  A non-mandatory pre-proposal job walk was conducted at Ustach Middle School on August 22, 2018.

The Firms were evaluated on a 100 point rank system based on three (3) factors:

Quality of Proposal: 30%

Interview:  50%

Cost:  20%

Three firms submitted qualifications and a proposal in response to the RFP/Q.  The proposals were evaluated by three (3) staff members, with a recommendation to interview all three of the highly qualified firms.  The Board Subcommittee for Facilities interviewed the architect firms September 4, 2018, and then considered cost proposals.

SKW & Associates had the highest ranked points as a result of the three (3) review factors (See attached). 

It is recommended that a contract be awarded to SKW & Associates for a fixed fee of $638,000.  The fee will be reduced by $38,000 if it is determined that a Fire Alarm Upgrade is not required for the project.

It is recommended the Board of Trustees approve the Architectural Services Agreement with SKW & Associates for the Ustach Modernization Project in the amount of $638,000.

The Board of Trustees to consider approval of the Architectural Services Agreement with SKW & Associates for the Ustach Middle School Modernization Project.

School Facilities Fund (Fund 35):  $638,000

Florsheim Homes LLC is a real estate development company that is currently working on a new residential development project immediately adjacent to the western property line of Elizabeth Ustach Middle School. 

In order to facilitate Florsheim Homes LLC’s project, the Modesto Irrigation District has requested that the District convey an easement over and across portions of the Elizabeth Ustach Middle School for purposes of constructing, operating, inspecting, maintaining, replacing, and relocating irrigation facilities and appurtenances, along with temporary construction access for reasonable staging and access thereto.

As required by Section 17557 of the Education Code, the Resolution sets forth the District’s intent to convey an easement over portions of District property for the benefit of the Modesto Irrigation District.  The Resolution calls a public hearing for October 9, 2018, during the Board’s regular meeting at that time, upon the question of making the conveyance of easement. 

Staff recommends the Board of Trustees approve Resolution No. 2018/2019 - #6: Resolution of Intent to Convey Easement to the Modesto Irrigation District.

The Board of Trustees will consider approval of a resolution expressing the Board’s intent to convey an easement for irrigation facilities and appurtenances purposes to the Modesto Irrigation District, over and across portions of the Elizabeth Ustach Middle School, and calling a public hearing on the matter for October 9, 2018, at the District Office.

No direct cost to District for conveyance of the easement to the Modesto Irrigation District. 

Per Education Code 42132, “on or before September 15 of each year, the Governing Board of each school district shall adopt a resolution to identify, pursuant to Division 9 (commencing with Section 7900) of Title 1 of the Government Code, the estimated appropriations limit for the district for the current fiscal year and the actual appropriations limit for the district for the preceding fiscal year.  Notwithstanding Section 7910 of the Government Code, documentation used in the identification of the appropriations limit shall be made available to the public on the date of the meeting.”

The appropriations limit is intended to constrain the growth in state and local government spending by linking year-to-year increases and decreases in expenditures to changes in inflation and average daily attendance.  Originally established in 1979, the Gann Limit has become a calculation that no longer constrains expenditures because the limits have grown significantly faster than appropriations subject to the Gann Limit.  Gann Limits only constrain the appropriations from state and local tax sources, so federal aid is excluded, as well as non-tax income, such as revenues from cafeteria sales, adult education fees, and foundations.

The Appropriations Limit is included as a form in the state software program for the unaudited financial report and is populated with the required information at the time the revenue and expenditures are downloaded from the District’s accounting program. 

Please see attached GANN Limit resolution and calculation.

It is recommended the Board of Trustees adopt Resolution 2018/2019 - #7: GANN Limit (Appropriations).

October 23-31, 2018, has been declared "National Red Ribbon Week" by the National Family Partnership and Californians for a Drug Free Youth.  Strong education, compassion and enforcement are the three (3) elements of success for the community to set clear standards for our children.  The theme this year is "Life Is Your Journey, Travel Drug Free!”

The Sylvan Union School District would like to support Red Ribbon Week and participate in various activities to promote a lifestyle of no illegal use of legal substances and no use of illegal substances.

It is recommended the Board of Trustees adopt Resolution 2018/2019 - #8 declaring October 23-31, 2018, as "Red Ribbon" week for the Sylvan Union School District.

It is recommended the Board of Trustees adopt Resolution 2018/2019 - #8 declaring October 23-31, 2018, as "Red Ribbon" week for the Sylvan Union School District.

It is recommended the Board of Trustees adopt Resolution 2018/2019 - #9 recognizing the second full week in October 2018 as the "Week of the School Administrator".

It is recommended the Board of Trustees adopt Resolution 2018/2019 - #9 recognizing the second full week in October 2018 as the "Week of the School Administrator".

It is recommended the Board of Trustees adopt the Board Meeting schedule for 2019.

The California Healthy Kids Survey (CHKS) is required by the California Department of Education to be administered biannually to 7th graders as a means by which the districts are able to monitor and assess the effectiveness understanding of the relationship between students' health behaviors and academic performance. The CHKS survey is a requirement for Sylvan District because we receive Tobacco-Use Prevention Education (TUPE) funds.

The data provided by the anonymous surveys will assist the District in updating the Local Control and Accountability Plan and in selecting appropriate programs to address the prevention of drug, alcohol and tobacco use and violence. The reports, which will be provided by school site, will also provide the school counselors with additional data to address the needs of their student population. When the results of the survey are received, they will be presented to the Board as an informational item.

The CHKS is a metric for our Local Control and Accountability Plan, Goal C “Sylvan District will create supportive, welcoming, and engaging campuses for pupils, parents, staff, and community.”  The Biennial CHKS will be administered during the 2018-2019 school year to 7th grade students whose parents provide positive parent permission for their participation. 

Survey administration procedures are designed to protect student privacy. Staff and students are not identified in any way. Student participation in this survey is voluntary, anonymous and contingent upon written parent/guardian consent. The survey is given only to students whose parents have signed a positive permission form. If approved, the survey will be administered in October 2018.  

WestEd and the California Department of Education announced modest revisions to the survey instruments designed to further enhance the system’s value for supporting Local Control and Accountability Plan (LCAP) efforts. Among the changes, questions have been added to the CHKS to: (a) identify LCAP-designated subgroups (racial/ethnic groups, socioeconomically disadvantaged students, English learners, and foster youth), so that their specific needs can be assessed; (b) assess school efforts to encourage parental involvement in school–one of the eight LCAP priority areas; and (c) assess the quality of school facilities and variations in results based on afterschool participation.

The surveys that will be administered are:

Core Module

Social, Emotional, Health Module

A copy of the two (2) surveys are attached.

It is recommended the Board of Trustees approve the Memorandum of Understanding with the California Healthy Kids Survey (CHKS) Regional Center.

The Board of Trustees to approve the Memorandum of Understanding with the California Healthy Kids Survey (CHKS) Regional Center. 

Total of $845.80 which includes:

• Social, Emotional and Health Module

• Three School Level Reports

• Per Student Cost of 40 cents

• CHKS Set Up Fee

Account 0049 S.T.A.R. Testing Allocation

Teachers College of San Joaquin (TCSJ) is an institution in our area which prepares school administrators. TCSJ requests to place candidates, who are seeking their preliminary administrative services credential, with our district administrators as fieldwork supervisors. 

This agreement details the requirements for TCSJ and the district for the purpose of this fieldwork.

Staff recommends that the Board of Trustees approve the Teachers College of San Joaquin (TCSJ) agreement for the Preliminary Administrative Services Credential Program 2018-2020 Academic Years.

The agreement for the Preliminary Administrative Services Credential Program with TCSJ outlines that the district will collaborate with the TCSJ Program Coordinator to identify and select fieldwork supervisors, comply with the CTC Credential Standards and assign a district contact person for the purpose of communication between the district and program. 

None

The SEA/SUSD labor contract (Article 14) lists stipends for extra duties, including club sponsorships and coaching assignments.  Attached are the lists of people identified to fill those positions for the 2018-2019 school year.

Administrative Regulation 4127/4227/4327 directs the Superintendent or designee to certify to the Board of Trustees that all temporary athletic team coaches meet the required qualifications and competencies. These competencies may be met by either holding a valid California teaching credential or completing a coaching certification course.  In addition, coaches must hold valid certification in both first aid and cardiopulmonary resuscitation (CPR).

Middle school principals verify that their respective coaches meet the District requirements for temporary athletic team coaches or are in the process of meeting those requirements.

It is recommended the Board of Trustees approve the middle school clubs, sports, and extra duties as listed for the 2018-2019 school year.

The 2018-2019 stipend lists for middle school clubs, sports, and extra duties are being presented to the Board of Trustees for approval.

As stated in the SEA article 14, stipends will be paid at the approved and agreed upon hourly rate for the 2018-2019 school year. 

1. The donation of $8,000.00 from Sanders Parent Teacher Association to Mary Ann Sanders Elementary School for the purchase of 24 Chromebooks and a cart.

2. The donation of $195.00 from Your Cause, LLC Wells Fargo Foundation Educational Matching Gifts Program to Stockard Coffee Elementary School for student recognition and supplies.