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

(Government Code 54956.95) Number of Cases: One

Case Name: Grandison

(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) 

It is recommended the Board of Trustees approve the readmission in the matter of Student 2017/2018 - AH# 04.

The Board of Trustees to receive the Board Policy update packet for review before the first reading scheduled for the September 11, 2018, Regular Board Meeting, second reading scheduled for the October 9, 2018, Regular Board Meeting and the final adoption at the October 30, 2018, Regular Board Meeting. 

The Board of Trustees also received two (2) notices.  The first is a letter from the Stanislaus County Office of Education regarding the district's Local Control Accountability Plan (LCAP) and the adopted budget for the 2018-19 fiscal year.  The second is a letter from California School Boards Association (CSBA) regarding a Call for Nominations for Directors-at-Large Asian/Pacific Islander and Hispanic.

The Board of Trustees to hold a public hearing that sufficient textbooks and instructional materials were provided to students and staff for the 2018-2019 school year.

A 2018-2019 Enrollment Update is provided for the Board of Trustees review.

A 2018-2019 Enrollment Update is provided for the Board of Trustees review.

The Board of Trustees to review and discuss BP/AR 5144.1: Suspension and Expulsion/Due Process.

The Board of Trustees will receive and review the draft 2019 Board Meeting Schedule.  Staff will be bringing the final 2019 Board Meeting Schedule back for approval at the September 11, 2018, board meeting.

This change order is comprised of items listed.

The Original Contract Sum was                                                        $       2,864,583.00

Net change by previously authorized Change Orders                       $         151,932.00

The Contract Sum prior to this Change Order was                            $      3,016,515.00

The Contract Sum will be (increased) by                                           $           76,104.00

The new Contract Sum including this Change Order will be              $      3,092,619.00

Staff recommends the approval of Change Order No. 3 with Boyer Construction in the amount of $76,104.00 for the Orchard Elementary School Chiller Replacement & ADA Upgrades.

The Board of Trustees to consider approval of Change Order No. 3 with Boyer Construction for the Orchard Elementary School Chiller Replacement & ADA Upgrades.

Facilities Improvement Resource (01.9225):  $76,104.00

Dry rot damage was discovered and corrected.  The attached change order is recommended in the amount of $4,021.00. 

This change order will affect the contract as follows: 

Original Contract Amount:   $204,000.00

Previous Change Orders:       - 0-

This Change Order:                 $4,021.00

Revised Contract Amount:  $208,021.00

Staff recommends approval of Change Order No. 1 with Best Contracting Services, Inc., in the amount of $4,021.00 for the dry rot damage discovered.

The Board of Trustees to consider approval of  Change Order No. 1 with Best Contracting Services, Inc., in the amount of $4,021.00 for the dry rot damage discovered..

Deferred Maintenance:  $4,021.00.

This change order is comprised of items listed. 

This change order will affect the contract as follows: 

Original Contract Amount: $748,245.00

Previous Change Orders: $      -

This Change Order:  $38,715.89

Revised Contract Amount: $786,960.89

Reason for Change Order: Dry rot damages and repair.

Staff recommends the approval of Change Order No. 1 with Brazos Urethane, Inc., in the amount of $38,715.89 for the Sylvan Elementary School dry rot damages and repairs.

The Board of Trustees to consider approval of Change Order No. 1 with Brazos Urethane, Inc., for the Sylvan Elementary School dry rot damages and repairs.

Building Fund (Fund 21):  $38,715.89

Additional painting was needed at Ustach Middle School.  It included painting containers that were not identified in the original scope of work and removal and repainting of graffiti.

This change order is comprised of items listed on the attachment. 

This change order will affect the contract as follows: 

Original Contract Amount:   $93,000

Previous Change Orders:       - 0-

This Change Order:              $1,800 (Painting of containers)

      $3,711 (Removal/repainting of Graffiti)

Total Change order:       $5,511  

Revised Contract Amount:   $98,511

Staff recommends approval of Change Order No. 1 with JPB Designs Inc., in the amount of $5,511 for Ustach Middle School.

The Board of Trustees to consider approving Change Order No. 1 with JPB Designs Inc., in the amount of $5,511 for Ustach Middle School.

Deferred Maintenance (Fund 14):  $5,511

Senate Bill 110 authorized a School Bus Replacement Program of $75 million dollars to replace diesel buses with electric buses or CNG buses.  Of the $75 million, the Central Valley is appropriated $18.75 million.  Grant awards will include both the purchase of either electric or CNG buses and $60k towards charging infrastructure and workforce training and development for staff.  Therefore, the expected cost to the district will be minimal.

The grant process is a three (3) phase process; the first phase is the application and is due September 20, 2018.  Applications will be scored on three (3) main areas; Age of bus – 70%, Air quality in the district and Free and Reduced population – 30%. 

The specs of the bus will include:

Driving Range: 80-120 miles per charge

Charge time: 8 hours

Top Speed: 60 miles per hour

The district owns six (6) buses (diesel) that are eligible to be replaced through the grant.  If a grant is awarded the diesel buses must be destroyed to ensure the buses are not used again.  In order to apply for the grant a Board Resolution is required. 

It is recommended the Board of Trustees adopt Resolution 2018/19 - #5: California Energy Commission School Bus Replacement Program.

The Board of Trustees will consider adopting Resolution 2018/19 - #5: California Energy Commission School Bus Replacement Program.

Each school year employees are required to complete mandated training including Child Abuse Mandated Reporting, Blood-borne Pathogens/Universal Precautions, Sexual Harassment as well as Bullying Prevention and Suicide Awareness/Prevention. In the past year we transitioned from older versions of this training to an online platform.  The software did not perform as promised.

The district had an urgent need to contract with an alternative software vendor to comply with annual training requirements for all employees.  After reaching out to neighboring districts "Target Solutions" was highly recommended.  A contract was signed on August 2, 2018.  Ratification of the contract is requested.

See attached August 17, 2018, Friday Update for additional information.

It is recommended the Board of Trustees ratify the contract with Target Solutions in the amount of $10,795.

The Board of Trustees will consider ratification of the contract with Target Solutions in the amount of $10,795 to provide an online platform to comply with mandated training for all employees.

General Fund:  $10,795

As outlined in the 2017-18 Budget and approved by the Board of Trustees on April 11, 2017, General Fund monies have been earmarked for professional learning purposes. With our third year underway in the implementation of Benchmark Advance, elementary ELA/ELD curriculum, and given our focus on ensuring reading proficiency by the end of third grade, we have identified the area of reading/literacy as a professional learning priority. To that end we have scheduled a series of grade level workshops for the purpose of articulating how to implement small group reading instruction within a balanced literacy classroom. Beginning in October 2018 and concluding in February 2019, Brittany Cufaude, literacy consultant and Benchmark Advance trainer, will host twelve (12), full-day workshops for classroom teachers in Grades K-5, Elementary Resource teachers, Elementary SDC M/M teachers, Elementary ELD/Literacy Specialists, and District Instructional Coaches. Teachers will attend by grade level band and will learn about using Benchmark assessment results for planning and conducting small group guided reading instruction, a high-leverage practice for ensuring that students develop the skills, practices, and behaviors necessary for reading proficiency with grade level text.

Staff recommends the Board of Trustees approve the purchase agreement with Joyful Classrooms for onsite professional development services delivered on twelve (12) dates commencing in October 2018 and concluding in February 2019.

It is recommended the Board of Trustees approve the purchase agreement with Joyful Classrooms for onsite professional development services delivered on twelve (12) dates commencing in October 2018 and concluding in February 2019.

Total General Fund: $33,600.00

Sylvan School District has over one-hundred (100) students born in Afghanistan, Assyria, Baghdad, Beirut, Daraa, Iraq, Jordan, Kabul and Syria with over forty-one (41) languages represented.  Our staff have witnessed firsthand that our families need to learn English to be able to support their children. Collaboration with the Learning Quest Stanislaus Literacy Center will support this effort so that our families can better utilize their existing skills and experience to support their children.  Stanislaus Literacy Center has secured funding for two (2) adult classes. We are committing an additional $10,000 of Title III, Immigrant funding for a third class and childcare. Each class can have up to fifteen (15) adult participants. An allowable expense for Title III, Immigrant funding is: Family literacy, parent and family outreach, and training activities designed to assist parents and families to become active participants in the education of their children.

Title III, Immigrant Funds: $10,000.00

The district sold its last $6 million of voter approved $40 million bond sale authorization in November 2017. In order to complete Sylvan Elementary Modernization, funds allocated for capital outlay improvements were allocated to the project in advance of receiving bond proceeds.  The Board of Trustees approved the reimbursement to Resource 9225 (Facilities Improvement Resource) in the amount of $2,271,070 million and Fund 14 (Deferred Maintenance) in the amount of $740,830, leaving a remaining balance of $2.4 million from the bond proceeds. The action was supported by Board Resolution 2006/2007 #14 recognizing that expenditures for projects would be incurred prior to the receipt of bond proceeds allowing reimbursement.

It was the practice of the district to routinely transfer state match grant awards for capital improvements to the Building Fund (Fund 21).  The Building Fund should only be used to account for the receipt of bond sales for capital improvements and the uses of those funds.  The district has expended and accounted for all bond funds as promised. The district’s use of bond proceeds is also reportable to the Citizen’s Bond Oversight Committee (CBOC), a committee that must meet at least annually to review the uses of bond proceeds.  The district has complied with the reporting requirements of the oversight committee by-laws.

Since 2008 when state match funds were received, the dollars were posted as revenue to Fund 35 (appropriate).  The funds were then transferred to the Bond Fund (Fund 21) to use on other projects.  The funds would have been more appropriately retained in Fund 35 for expenditure purposes to use on other high priority projects. Using state match dollars received for completed projects is legal and allowable.  The state match grant regulations allow for dollars received to be used for other high priority projects once the project for which the grant dollars were awarded is complete.

This practice of transferring and accounting for state match dollars to and from the Building Fund (Fund 21) has inflated the balance of funds beyond proceeds received from General Obligation Bond Sales. 

At the May 22, 2018, Board Meeting, the facts were presented to the Board of Trustees during the Facilities Update Agenda Item.  The Board directed staff to confirm with our auditors and legal counsel that corrective entries to rectify the situation would meet GAAP and legal requirements.  Our audit firm, Christy White and Associates, have responded in the affirmative that the transaction will meet GAAP requirements and indicated they could assist us to prepare the proper transfer.  Staff has gathered together the needed documentation to support the transaction.  In addition, our legal counsel concluded that our proposal is legal.  Attached is the resolution prepared by Janet Mueller with Dannis Woliver Kelley.

It is recommended the Board of Trustees adopt Resolution 2018/19 - #2: Authorizing Interfund Transfer and Closure of Measure A Obligation

The Board of Trustees will consider adopting Resolution 2018/19 - #2: Authorizing Interfund Transfer and Closure of Measure A Obligation

In order to receive funding for instructional materials from any state source in a fiscal year in which the Superintendent of Public Instruction determines that the base revenue limit per average daily attendance will increase by at least one (1) percent, the Governing Board of School Districts are subject to the requirements of Education Code 60119.  Although Sylvan Union School District does not anticipate receiving an increase, a resolution and public hearing is recommended in order to ensure the community of the sufficiency of materials.

Education Code 60119 specifies that governing boards shall hold a public hearing at which the governing board shall make a determination, through a resolution, as to whether each pupil in each school in the District has, or will have prior to the end of that fiscal year, sufficient textbooks or instructional materials in each subject that is consistent with the content and cycles of the curriculum framework adopted by the state board.  Sylvan Union School District provides each student in grades K-8 sufficient textbooks or instructional materials in each subject consistent with the content and cycles of the curriculum framework.  The following is a summary of Sylvan Union School District's adopted materials: 

MATHEMATICS:

Eureka Math (K-6) 2014

Math Vision Project (7-8) 2014

SCIENCE:

Macmillan Science (K-2) 2007

Houghton Mifflin Science (3-5) 2007

Holt Science (6-8) 2007

HISTORY/SOCIAL SCIENCE:

Harcourt Reflections (K-5) 2006

Glencoe (6-8) 2006

ENGLISH/LANGUAGE ARTS:

Benchmark Advance (K-5) 2016

McGraw Hill Study Sync (6-8) 2016

Sylvan Union School District provides each student in grades K-8 sufficient textbooks or instructional materials in each core subject consistent with the content and cycle of the state curriculum framework.

It is recommended the Board of Trustees adopt Resolution 2018/2019 - #3: Sufficient Textbooks/Instructional Materials for Students/Staff.

It is recommended the Board of Trustees adopt Resolution 2018/2019 - #3: Sufficient Textbooks/Instructional Materials for Students/Staff.

This resolution affirms our commitment to regular school attendance not just in the month of September, but throughout the entire school year!

Staff recommends the Board of Trustees adopt Resolution 2018/2019 - #4: School Attendance Awareness Month-September 2018.

It is recommended the Board of Trustees adopt Resolution 2018/2019 - #4: School Attendance Awareness Month-September 2018.

None

Per an agreed upon settlement agreement, Staff recommends approval of the agreement with Wellsprings Educational Services.

Staff recommends the Board of Trustees approve the agreement with Wellsprings Educational Services.

Financial Impact: $68,000.00

NOT TO EXCEED: $68,000.00

Williams & Associates has assisted the District with various Office of Public School Construction programs and general facilities-related matters since 2004.  Approval of this agreement will allow the District to consult with Williams & Associates regarding school facilities issues.

It is recommended the Board of Trustees approve the School Facilities Consultant Agreement with Williams & Associates to facilitate applications to the state facility program during the 2018-2019 fiscal year.

Developer Fees:  $164.00/hour.  Not to exceed $25,000

It is recommended that Board of Trustees approve the minutes of the August 7, 2018, Regular Board Meeting.

Rosetta Stone is used at all thirteen (13) of our school sites as an additional level of support for our English Learners who enroll in Sylvan District with little or no acquisition of the English language.  Title III federal funding is to be specifically targeted to eligible immigrant students and their families through the provision of supplementary programs and services for the underlying purpose of assuring that these students meet the same challenging grade level and graduation standards as mainstream students.

Staff recommends the ratification of the two (2) year agreement with Rosetta Stone. Rosetta Stone is transitioning to 24-month subscriptions as their standard term length.  The annual renewal presented for approval will be invoiced yearly, for two (2) years, 2018-2019 and 2019-2020.

It is recommended the Board of Trustees ratify the two (2) year agreement with Rosetta Stone.

Title III, Immigrant Federal Funds: $11,500

In the current hiring climate, there is a shortage of qualified school nurses, who possess a valid credential (having earned a Bachelor of Science in Nursing, possessing a Registered Nurse license and holding a School Nurse Services Credential).  This contract allows the District to add to the Maxim Educational Institution Staffing Agreement a Credentialed School Nurse for a varied time period (dependent upon the needs of district staffing) required by the district.  This contract will expire no later than May 24, 2019.  The District's current Maxim Staff Agreement notes that a Credentialed School Nurse will be paid $68.00/hour for hours worked by the Credentialed School Nurse at our facilities.  

Staff recommends the Board of Trustees approve the Per Diem Assignment Addendum to Facility Staffing Agreement with Maxim Healthcare Services, Inc. 

None

This agreement allows the district to have a contract with the ARDOR Health Solutions to employ contracted individuals to utilize specific services.  ARDOR Health Solutions would be utilized to help the district fill program and staffing requirements, particularly in areas of need or where there may be staffing shortages.  This is a general staffing agreement and is not a contract for a specific individual or position.

Staff is recommending the Board of Trustees approve the ARDOR Health Solutions staffing agreement for the 2018-2019 school year.

1. The donation of a violin valued at $50.00 from Thomas Morton to Savage Middle School for the music department.

2. The donation of musical instruments (flute and drum pad) from Laurie Hendrix to Savage Middle School for the music department.