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

Case Name(s): Claim 2017/2018 - #2 

(Education Code 54957) 

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

(Education Code 54957) 

Title: Assistant Superintendents' Contracts

(Education Code 54957)

Title: Administrative Assignments

(Government Code 54957)

Title: Superintendent's Evaluation

The Board of Trustees shall report out the vote on the potential litigation: Claim 2017/2018 - #2.

The Board of Trustees received the Ballot for the 2018 CSBA Delegate Assembly Election.  Ballots must be postmarked by the U.S. Post Office on or before Thursday, March 15, 2018.

The calendar committee has met and conducted a survey vote of staff for calendar preference for the 2018-19 school year.  All staff has had the opportunity for input on both calendar options A and B. The attached calendar (calendar 2017-18 Option B) is the recommended choice.

Each year, staff prepares Budget Assumptions to provide a framework within which the annual budget is developed. This document is based on current fiscal information and reflects the most current information available regarding the state budget. Budget Assumptions are primarily revenue and expenditure estimates which staff puts together in order to compile the budget. The Board was presented a draft copy at the February 13, 2018, Budget Study Session and a copy has been attached.

The most difficult part about developing budgets for schools is that actual revenue is not known until after the fiscal year has ended. Therefore, districts have to estimate what they think their revenue will be for the budget year.  Assumptions are the underlying factors used as the basis to develop the budget. Assumptions vary from year to year depending on such things as enrollment changes and the proposed state budget.  It is quite common to revise the assumptions utilized during the budget development process as new information becomes available.

The Board of Trustees will review the Draft 2018-19 Budget Assumptions.

Bond Proceeds (Fund 21)

Bond Proceeds:                $6,000,000

Cost of Issuance:                 $149,764

Balance:                               $5,850,236

Additional funding sources were used on the Sylvan Reconstruction Project to supplement the project due to an insufficient bond fund balance, and lack of matching state funds from the Woodrow and Sherwood projects.  Sylvan Elementary was identified in the 2006 Measure A Bond Authorization for funding to modernize the school.  It has been determined that proceeds from the bond sale can be used to reimburse funds utilized to modernize Sylvan Elementary.  The reimbursed funds will be used to fund additional facility projects in the district.  The following table provides staff recommendations for use of the bond proceeds.

The Board of Trustees will discuss the use of bond proceeds which may only be used for facility projects approved by voters from 2006 Measure A General Obligation Bond authorization.

The Board of Trustees to review the current Board Policy and Administrative Regulation 5117. Staff recommends enforcement of the current policy.

The Board of Trustees must annually review Board Policy and Administrative Regulation 5117- Interdistrict Attendance. 

Annual review of this Board Policy and Administrative Regulation is mandated by Education Code 35160.5, 48980).  Staff recommends enforcement of the current policy as it has been successful in the open enrollment process.

Staff recommends the enforcement of the current policy as it has been successful in open enrollment process.

The Board of Trustees must annually review Board Policy and Administrative Regulation 5116.1 - Intradistrict Open Enrollment.

It is recommended the Board of Trustees adopt Resolution 2017/2018 - #19, in recognition of the District's School Health Services and Nursing staff.

In accordance with Education Code 35120(c), Compensation, Officers and Agents, this resolution will meet the requirements that Christine Harvey, Board Member, was absent from the February 13, 2018, Special Board Meeting due to an illness.  Education Code 35120.9(c) references excusing a board member absence due to an "illness."

Education Code 35120.9(c): A member may be paid for any meeting when absent if the board by resolution duly adopted and included in its minutes finds that at the time of the meeting he or she is performing services outside the meeting for the school district or districts, he or she was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board.

It is recommended the Board of Trustees adopt Resolution 2017/2018 - #20: Board Member Absence.

A Friday update was provided on February 2, 2018, and February 9, 2018, with information on the need to purchase a new reach forklift for the Food Service warehouse. The current food service forklift is an eighteen (18) year old Raymond DR 30TT Easy Reach forklift. This Raymond forklift requires constant repair and the parts needed to repair are steadily increasing in cost. The Raymond DR 30TT forklift has been used beyond its useful life. The Food Service staff have met with a number of forklift manufacturers and after meeting with the sales reps and researching the various models it was determined by the Food Service staff that the Crown RMD6025-32 Reach Forklift would best suit the needs in the Food Service warehouse. 

After the 2016-2017 fiscal year the Food Service Department calculated our net cash resources and the calculations showed that the Food Service Department has exceeded the three (3) months’ average expenditures. The result of exceeding the three (3) month average expenditures the Food Service Department created a spending plan for program improvement and the spend down the excess revenue in the cafeteria fund. The purchase of the new forklift is a part of the Food Service Department spending plan.

See attached three (3) quotes for the purchase of a Crown RMD6025-32 Reach Forklift.

Approval is recommended by the Food Service Department to purchase a Crown RMD6026-32 reach forklift in the amount of $51,354.21 from the lowest bidder Watts Equipment Co., Inc.  

Approval is recommended by the Food Service Department to purchase a Crown RMD6026-32 reach forklift in the amount of $51,354.21 from the lowest bidder Watts Equipment Co., Inc.  

Cafeteria Fund: $51,354.21

Staff recommends the approval of the Sylvan Union School District Wellness Policy. 

Staff recommends the approval of the Sylvan Union School District Wellness Policy. 

It is recommended the Board of Trustees approve the Employment Agreement with Diolinda "Didi" Peterson, to serve as the District's Assistant Superintendent of Human Resources for the period commencing July 1, 2018 and ending June 30, 2019.

The Calendar Committee has met and conducted a survey vote of staff for calendar preference for the 2018-19 school year.  All staff has had the opportunity for input.  The attached calendar is the recommended choice.  

Staff is recommending approval of the attached calendar for the 2018-19 school year.

Staff is requesting Board approval of the attached calendar for the 2018-19 school year.

 The contract with Johnson Controls for Energy Upgrades throughout the district required a performance guarantee.  Prop 39 regulations requires schools to measure the energy savings for projects for one (1) year.  The contract provided for five (5) years of measurement services that may be terminated with forty-five (45) days of the next annual measurement period. 

The performance contract has been revised twice before to account for changes in the scope of the project.  Once to add lighting retrofit scopes to MPR’s and a second time to account for the deletion of scope from Sylvan Elementary to allow the scope of work at Sylvan to be performed by Boyer Construction during the modernization project.

The price and payment terms include:

Approval of Amendment Number Three stipulates that all savings under the performance guarantee have been achieved by Johnson Controls, Inc.

Staff recommends approval of Contract Amendment Number Three with John Controls, Inc. to terminate valuation services for years 2-5 of the agreement.

The Board of Trustees will consider approval of Contract Amendment Number Three with John Controls, Inc. to terminate valuation services for years 2-5 of the agreement.

Background:

On January 23, 2018, the Board of Trustees approved a contract to purchase benefit management software “Benefit Bridge” to assist district personnel with managing employee benefits.  The cost of $2.05 per employee remains the same, but there was an error by staff in estimating the annual cost of $12,300/yr.  The estimate for approximately 900 employees will be $22,140.

Previous Information from January 23:

Staff recommends the board approve the increase in cost for benefit management software from $12,300 to $22,140 per year.

The Board of Trustees will consider approval to purchase "Benefit Bridge" software to manage employee benefits in the annual amount of $22,140 per year.

Self Insured Fund (Fund 67):  $22,140.00

Paula Rogers, Solution Tree associate, will provide two-days of onsite professional development for approximately 80 teachers in grades K-8, District Instructional Coaches, and both site and district administrators.  Participants will learn how to link lesson design with the PLC/RTI process. Ms. Rogers will lead attendees in planning for purposeful, differentiated instruction to meet a variety of student needs while considering the 3 Big Ideas and the 4 Essential Questions of a PLC.  Using Ms. Rogers’ protocol, participants will work in Districtwide grade level/content teams to plan for the first unit of instruction to be taught when the 2018-19 school year commences, ensuring that team-identified learning targets, formative assessments, and instructional activities match the rigor of grade level standards. Ms. Rogers’ backwards design process will assist collaborative teacher teams in aligning grade level standards, curriculum, assessment, and instruction.

This professional learning opportunity extends previous training in effective lesson design presented by Dr. Phil Warrick from Marzano Labs, and it builds upon last summer’s work with Solution Tree associate, Kim Bailey, on the role of formative and summative assessment.

All costs associated with this workshop will be paid for with Educator Effectiveness Funds (EEF), and the content as outlined above aligns with the Educator Effectiveness Funds (EEF) Plan approved by the Board on February 9, 2016.  All Educator Effectiveness Funds (EEF) must be expended by June 30, 2018.

Staff recommends the Board of Trustees approve the purchase agreement with Solution Tree, Inc. for onsite professional development services delivered on June 6-7, 2018.

It is recommended the Board of Trustees approve the purchase agreement with Solution Tree, Inc. for onsite professional development services delivered on June 6-7, 2018.

Educator Effectiveness Funds: $ 13,000.00

Board Policy 6142.1: Sexual Health and HIV/AIDS Prevention Instruction came before the Board for updates on October 10, 2017.  Prior to that meeting, I contacted legal counsel to ascertain the legality of the phrase "The curriculum on human sexuality shall promote abstinence prior to marriage".  In a phone call regarding that issue, I was advised that this statement would not be contradictory to Ed Code.  Subsequent to the Board approving the policy with this language I received written communication from counsel following deeper research into this matter.  A memo is attached.  In light of the updated information, I recommend the deletion of the sentence, "The curriculum on human sexuality shall promote abstinence prior to marriage", from Board Policy 6142.1 to comply with Education Code.

Staff is recommending Board approval of the revision to Board Policy 6142.1: Sexual Health and HIV/AIDS Prevention Instruction by deleting the sentence, "The curriculum on human sexuality shall promote abstinence prior to marriage", to comply with Education Code.

It is recommended that Board of Trustees approve the minutes of the January 23, 2018, Regular Board Meeting and the February 8, 2018, Special Board Meeting.

District staff has obtained three (3) quotes from three (3) firms that provide actuarial valuation services and have summarized the information below:

Staff recommends contracting with Demsey, Filliger & Associates due to their low cost and previous contract and experience with the firm.

General Fund: $7,000.00

Pursuant to Board Policy and Administrative Regulation 6158.1, any student who is requesting Independent Study in excess of twenty (20) days must be approved for such study at a regularly scheduled Board meeting.  Student #470826, a third grader at Mary Ann Sanders Elementary School, is requesting independent study beginning March 12, 2018, and ending April 16, 2018, for the purpose of traveling out of the country with his family.

Staff recommends the approval of independent study for student #470826 from March 12, 2018, through April 16, 2018.

1. The donation of $700.00 from Target (2018 Field Trip Grant) to C.F. Brown Elementary School to pay for student field trip expenses and supplies for classrooms.

2. The donation of student bikes, backpacks, gift cards, board games, toys, and wrapped boxes valued at $300.00 from Covenant Grove Church to Crossroads Elementary School for student incentives during the Holiday Attendance Challenge.

3. The donation of school supplies, backpacks, and toys from Toys R Us to Crossroads Elementary School for student incentives during the Holiday Attendance Challenge.

4. The donation of a $200.00 gift card from WinCo Foods to Crossroads Elementary School for student incentives during the Holiday Attendance Challenge.

5. The donation of a $25.00 gift card from Costco to Crossroads Elementary School for student incentives during the Holiday Attendance Challenge.

6. The donation of a $100.00 from California Retired Teachers Association to Crossroads Elementary School for Mrs. Giva's 2nd grade class.

7. The donation of $10.00 from Your Cause Corporate Employee Giving Programs to Freedom Elementary School for student recognition and supplies.

8. The donation of $890.00 from Orchard Supply Hardware to Orchard Elementary School for the Be a Friend...Bring a Friend donation campaign.

9. The donation of $27,227.70 from Orchard Parent Teacher Club to Orchard Elementary School to purchase Chromebooks for students.

10. The donation of woodshop screws and supplies valued at $68.75 from Simpson Strong-Tie to Somerset Middle School for students in the Woodshop class.