Regular Board Meeting
Banning USD
February 16, 2017 5:30PM
Banning City Council Chambers
99 E Ramsey Street, Banning, CA 92220
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- Clerk Mariner
- Member Bederio
- President Andrade
- Member Cassadas
- Member Spann
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All comment cards regarding Closed Session items must be submitted prior to the Call to Order at 5:30 p.m. |
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All comment cards regarding Closed Session items must be submitted prior to the Call to Order at 5:30 p.m. |
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The Board will reconvene to Open Session to report on any action taken in Closed Session. (Mariner) |
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- Banning Teachers Association Update
- California School Employees Association, Chapter 147 Update
- Superintendent's Employment Agreement
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- One Case:
- Astrachan v. BUSD, Case No. RIC1513902
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Classified: - #16-17-205
- #16-17-206
Certificated: - One (1) Case
- Non-Re-elects
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Report Out of Closed Session (Mariner) |
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- Banning High School, Joseph Rivera, ASB President
- Coombs Alt. Ed., PEP, BISS, Adult Ed, Mayte Guadalupe Cardenas Montes
- Nicolet Middle School, Diana Valdes, 8th grade and Richard Hartley, 7th grade
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Individuals who wish to address the Board on matters that affect the District and its programs are requested to complete a “Request to Address Board of Education” card and submit it to the Board President. Speakers are requested to limit comments to three (3) minutes.
Speakers are requested to limit comments to three (3) minutes. After two minutes, the speaker will be notified that he/ she has one minute remaining. The Board shall limit the total time for public input on each item to thirty (30) minutes. If community comments exceed thirty (30) minutes, remaining comments may be heard at the conclusion of Open Session business in the “Additional Community Comments” section. Please note that, in accordance with Board Policy #9324, all meetings are televised or recorded. (Reference: The Ralph M. Brown Act)
Members of the public may bring before the Board matters that are not listed on the agenda. While the Board welcomes input from the community, they will not respond or take action during public comments. The Board may decide to refer matters to District staff or take under advisement for a future meeting. (Reference: The Ralph M. Brown Act)
All comment cards must be submitted prior to Open Session Call to Order at 5:30 p.m. Comment cards received after 5:30 p.m. may be heard at the conclusion of Open Session business in the “Additional Community Comments” section. |
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| BTA/CSEA Presidents are encouraged to report on items of information not requiring comment or discussion, to the entire body at this time. |
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| All matters in this category are considered to be consistent with the Board/ District goals, Board Policies, and Administrative Regulations adopted and/ or approved by the Board of Trustees and will be enacted in one motion. There will be no separate discussion of these items. If discussion is required, items may be removed from the consent calendar and will be considered separately.
Motion by____________________/Seconded by_____________________ |
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| The monthly Enrollment/ADA Report is being submitted to the Board to monitor student attendance and enrollment. |
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ADA/Enrollment, Month 6
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The Purchase Order Report is submitted to the Board for approval of expenditures. The location codes below identify the site or program for each expenditure.
Location Codes
121 Central Elementary School
122 Hemmerling Elementary School
131 Cabazon Elementary School
226 Coombs Alternative Education School
235 Nicolet Middle School
329 Banning High School
428 Adult Education
430 New Horizons High School
432 Banning Independent Study School
501 Superintendent
502 Human Resources/Personnel Commission
503 Special Projects
504 Student Services
505 Fiscal Services
508 Operations
509 Technology
510 District Wide Payroll
520 Food Services
520 District Level Tracking
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Purchase Order Report, January 2017
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The Report of Warrants is submitted to the Board for approval of expenditures. The location codes below identify the site or program for each expenditure.
Location Codes
121 Central Elementary School
122 Hemmerling Elementary School
131 Cabazon Elementary School
226 Coombs Alternative Education School
235 Nicolet Middle School
329 Banning High School
428 Adult Education
430 New Horizons High School
432 Banning Independent Study School
501 Superintendent
502 Human Resources/Personnel Commission
503 Special Projects
504 Student Services
505 Fiscal Services
508 Operations
509 Technology
510 District Wide Payroll
520 Food Services
520 District Level Tracking |
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Report of Warrants, January 2017
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The Donation Report is being submitted to the Board for review and approval.
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Donations Report
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BP/AR 6154 - Homework/Makeup Work (BP revised; AR deleted) Policy updated for consistency with BP 5121 - Grades/Evaluation of Student Achievement and research on effective grading practices, as summarized in recent CSBA governance brief, including optional language providing for full credit to be given for makeup work satisfactorily completed within a reasonable time, regardless of whether the absence is due to an excused or unexcused absence. Policy also addresses guidelines for the assignment of homework, communication of homework expectations to students and parents/guardians, and resources to assist students in completing homework and developing good study habits. Regulation deleted and key concepts moved to BP. |
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BP/AR 6154 - Homework/Makeup Work (BP revised; AR deleted) Policy updated for consistency with BP 5121 - Grades/Evaluation of Student Achievement and research on effective grading practices, as summarized in recent CSBA governance brief, including optional language providing for full credit to be given for makeup work satisfactorily completed within a reasonable time, regardless of whether the absence is due to an excused or unexcused absence. Policy also addresses guidelines for the assignment of homework, communication of homework expectations to students and parents/guardians, and resources to assist students in completing homework and developing good study habits. Regulation deleted and key concepts moved to BP. |
AR 6154 DELETING
BP 6154
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AR 6143 - Courses of Study (AR revised) Regulation updated to add comprehensive sexual health education as a required course of study for grades 7-12 and to add optional topics of instruction authorized by law, including instruction on violence awareness and prevention, the Bracero program, and genocide. Regulation also reflects NEW LAW (AB 2016, 2016) which encourages a course in ethnic studies based on a model curriculum to be adopted by the State Board of Education by March 31, 2020 and NEW LAW (AB 1719, 2016) which requires instruction in cardiopulmonary resuscitation beginning in 2018-19 school year for any district that has established health education as a high school graduation requirement. |
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AR 6143 - Courses of Study (AR revised) Regulation updated to add comprehensive sexual health education as a required course of study for grades 7-12 and to add optional topics of instruction authorized by law, including instruction on violence awareness and prevention, the Bracero program, and genocide. Regulation also reflects NEW LAW (AB 2016, 2016) which encourages a course in ethnic studies based on a model curriculum to be adopted by the State Board of Education by March 31, 2020 and NEW LAW (AB 1719, 2016) which requires instruction in cardiopulmonary resuscitation beginning in 2018-19 school year for any district that has established health education as a high school graduation requirement. |
AR 6143
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BP 3470 - Debt Issuance and Management (BP added) New policy reflects NEW LAW (SB 1029, 2016) which mandates that boards adopt a debt management policy prior to issuing any debt, including, but not limited to, general obligation bonds, tax and revenue anticipation notes, and certificates of participation. Policy addresses the components mandated by law, including (1) the purposes for which the debt proceeds may be used; (2) the types of debt that may be issued; (3) the relationship of the debt to, and integration with, the district's capital improvement program or budget, if applicable; (4) policy goals related to the district's planning goals and objectives; and (5) internal control procedures to ensure that the proceeds of the proposed debt issuance will be directed to the intended use. |
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BP 3470 - Debt Issuance and Management (BP added) New policy reflects NEW LAW (SB 1029, 2016) which mandates that boards adopt a debt management policy prior to issuing any debt, including, but not limited to, general obligation bonds, tax and revenue anticipation notes, and certificates of participation. Policy addresses the components mandated by law, including (1) the purposes for which the debt proceeds may be used; (2) the types of debt that may be issued; (3) the relationship of the debt to, and integration with, the district's capital improvement program or budget, if applicable; (4) policy goals related to the district's planning goals and objectives; and (5) internal control procedures to ensure that the proceeds of the proposed debt issuance will be directed to the intended use. |
BP 3470 Second Reading
Special Release Guidesheet December 2016
Special Release Policy Update_December 2016 Checklist
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| Sandra Khodadadi, Coordinator of Human Resources |
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| The administration identifies, on a monthly basis, certificated personnel who have been nominated for employment. In addition to new hires, this report applies to retirees, resignations, terminations and change in assignments. The report is kept current in the Human Resources Office and is maintained in accordance with BTA contracts. |
Certificated Personnel Report - February 16, 2017 (Revised)
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| Robert T. Guillen, Superintendent |
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| The administration identifies, on a monthly basis, classified personnel who have been nominated for employment. In addition to new hires, this report applies to retirees, resignations, terminations and change in assignments. The report is kept current in the Human Resources Office and is maintained in accordance with the CSEA contract. |
Classified Personnel Report - February 16, 2017
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| Robert T. Guillen |
Attached is the ballot material for election of a representative to the CSBA Delegate Assembly for Subregion 18-A. The Board, as a whole, may vote for up to six candidates for Subregion 18-A. Each Board may cast no more than one vote for any one candidate. The ballot also contains a provision for write-in candidates. Election results will be available on the CSBA website no later than Wednesday, April 1, 2017. If there is a tie vote, a run-off election will be held. All re-elected and newly elected Delegates will serve two-year terms beginning April 1, 2017 through March 31, 2019. |
2017 CSBA Delegate Election Ballot
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On June 30, 2016, the Board of Trustees (“Board”) of the Banning Unified School District (“District”) adopted Resolution No. 15-16-25, which called a general obligation bond election (bond reauthorization) within the District for November 8, 2016, pursuant to the provisions of the California Constitution, the provisions of Proposition 39 and related California law. On November 8, 2016, the voters within the District voted on the measure (designated as “Measure M”) to authorize the District to issue general obligation bonds to finance certain specified capital projects and facilities (“Bond Election”). The vote was conducted by the Riverside County Registrar of Voters within the District’s boundaries. At that election the qualified electors of the District approved, by greater than the requisite 55% vote, the issuance and sale of general obligation bonds of the District for various purposes, as set forth in the ballot measure submitted to the voters, in the maximum amount of $25,500,000, payable from the levy of ad valorem taxes against the taxable property in the District. The Board adopted Resolution No. 16-17-13 on January 26, 2017, to certify the results of the Measure M Bond Election. Resolution No. 16-17-13 has been filed with certain Riverside County (“County”) offices as required by California law. Based upon the current facilities plans of the District, and subject to the limitations of State law, it is proposed to issue and sell not to exceed $25,500,000 (the maximum amount of the Measure M bond authorization) of the Banning Unified School District General Obligation Bonds, 2016 Election, Series A (“Bonds”) at this time. Under the requirements of State law and current County requirements, the Bonds will be issued through the County pursuant to a request from the Board (in the form of Resolution No. 16-17-14) and a resolution to be adopted by the County Board of Supervisors (“County Resolution”). It is proposed to sell the Bonds through a negotiated sale to RBC Capital Markets, LLC (“Underwriter”). Resolution No. 16-17-14 requests the County Board of Supervisors to authorize the issuance and sale of the Bonds pursuant to the terms set out in Resolution No. 16-17-14. Resolution No. 16-17-14 also makes certain findings and determinations and directs various actions required by State law, and County procedural requirements, to provide for the issuance and sale of the Bonds. Resolution No. 16-17-14 also complies with the requirements of State legislation concerning findings and directives for informational distribution and filings and to conform to the District’s adopted Debt Management Policies. The proposed forms of the Bond Purchase Agreement and the Continuing Disclosure Certificate relating to the Bonds are attached as exhibits to Resolution No. 16-17-14. The Bond Purchase Agreement sets out the terms under which the Bonds would be sold to the Underwriter (excluding final amounts and interest rates which will be determined when the Bonds are priced) and includes factual representations that the Underwriter is required to confirm in order to consummate a valid purchase of the Bonds. The Continuing Disclosure Certificate is a document delivered by the District to comply with federal on-going disclosure requirements. Those requirements apply to the Bonds and require that the District annually provide certain information relating to the Bonds to investors and potential investors. The Bond Purchase Agreement and Continuing Disclosure Certificate are presented to the District Board in draft form and will be finalized during the process for the issuance and sale of the Bonds. A Preliminary Official Statement, by which the Bonds will be offered to purchasers for sale, has also been prepared and provided to the District and the Board Members. The Preliminary Official Statement includes information concerning the Bonds, the District and the District’s financial information. It is important that each member of the District Board read and be familiar with the contents of the Preliminary Official Statement inasmuch as this document constitutes the District’s principal offering document for the sale of the Bonds. Comments or questions concerning matters or information in the Preliminary Official Statement should be directed to District staff or the District’s Disclosure Counsel. Resolution No. 16-17-14 authorizes the Bonds to be issued only as current interest bonds. Inasmuch as the Bonds will not be sold as capital appreciation bonds (sometimes referred to as “CABs”), or as bonds with similar compounding interest features, the majority of the requirements and limitations of Assembly Bill 182 (passed by the Legislature in 2013) (“AB 182”) will not apply to the issuance of the Bonds. The remaining requirements of AB 182 have been incorporated into Resolution No. 16-17-14 and the issuance and sale parameters for the Bonds. Additional information on the structuring of the Bond sale will be presented to the Board at the time Resolution No. 16-17-14 is presented for approval. The District’s financing team regarding the issuance and sale of the Bonds includes Dale Scott & Company Inc., as the District’s Financial Advisor, Bowie, Arneson, Wiles & Giannone as the District’s Bond Counsel and Stradling Yocca Carlson & Rauth, as the District’s Disclosure Counsel. The District has utilized the services of these consultants on past successful financing transactions. All documents for the issuance and sale of the Bonds will be prepared or reviewed by the Financial Advisor, District Bond Counsel and/or District Disclosure Counsel. The District will, with the assistance of the Financial Advisor and the Underwriter, apply for bond insurance through one or more bond insurance companies and the District may elect to purchase such a bond insurance policy, to cover some or all of the Bond maturities, if it is economically favorable to the District to do so. The District will also arrange, through the County, for the annual collection of the ad valorem taxes (expected to begin in tax year 2017-2018) necessary to repay the principal and interest on the Bonds pursuant to applicable statutory requirements and as directed in the County Resolution.
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Bond Purchase Agreement
County Resolution
Designated Officer - GO Bonds 2016 Election, Series A
Form of Continuing Disclosure
Preliminary Official Statement, Series A
RBC Capital Markets Disclosure Letter
Resolution No. 16-17-14, Bond Issuance
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All work for the Banning High School Emergency Window Repairs Project for the gymnasium has been completed per plans and specifications and has been approved by the construction manager. All punch list items have been completed and approved.
The following Notices of Completion are recommended for approval: - Padua Glass Enterprises, Inc.
- Caston, Inc.
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Vote needed
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Caston NOC
Padua NOC
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The District will be issued bonds approved by the voters (Measure M) under the guidelines of Proposition 39 which requires a Citizens' Oversight Committee to monitor project expenditures, compliance with bond language, and to inform the public of such transactions.
Education Code Section 15282(a) calls for a seven member panel, of which all members are to be appointed to a two year term with no more than three consecutive terms. Each of the seven members currently serving on the Measure "R" oversight committee have expressed interest in serving on the Measure "M" committee. Once Measure "M" bonds are issued, Measure "R" authorization will be released. District Bond Counsel has stated that, as Measure "M" will require a new and separate committee, it is preferable that Measure "R" members become the new Measure "M" members. The Superintendent hereby presents to the Board the names of persons proposed to be appointed to the Measure M Committee in conformance with the District's existing Citizens' Oversight Committee Policy and Regulations and the Law.
New Members to Approve:
•Mike Rose
•Richard Krick
•Ron Duncan
•Susan McQuown
•Veronica Topete
•Diana Benhar
•Chris McCallum
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New Members to Approve:
•Mike Rose
•Richard Krick
•Ron Duncan
•Susan McQuown
•Veronica Topete
•Diana Benhar
•Chris McCallum
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Matt Valdivia, Principal, Banning High School requests permission for the Board to approve the following:
- AVID JUNIOR ROAD TRIP - approximately 60 AVID Junior students to attend the Annual AVID Junior Road Trip to visit various College Campuses from Sunday, April 2 - 7, 2017 to participate in various college visits and activities. District transportation will be used to transport students and chaperones. Transportation costs will be covered by BHS AVID ASB funds and Title I funds. Banning High School Teachers Nathan Valdivia, Sam Aguilar, Joanna Barnheiser, Ashley Haiston and District Approve Volunteers Melissa Valdivia and Megan Suster will serve as chaperones. There is no fiscal impact to the BUSD General Fund for this trip.
- BHS BAND CLUB - approximately 45 Music Program students to attend a Music Festival and Performances on Friday, April 21 through Saturday, April 22, 2017 at The Forum at Yorba Linda HIgh School in Yorba Linda, CA and to Disneyland Theme Park, 1313 Disneyland Dr., in Anaheim, CA. District transportation will be used to transport students and chaperones. Transportation costs will be covered by BHS Band ASB funds and any additional costs will be paid by BHS Band Boosters. Banning High School Music Director, Thomas Finch, Banning High School and District approved Parent Volunteers Theodora Douglas, Carl Douglas, Kerry Shook, Carrie Shook, Robert LuGrain, Catalina Roman, Penny Franz, Adrianna Lopez and Staff Gaby Trejo will serve as chaperones. There is no fiscal impact to the BUSD General Fund for this trip.
- BHS AVID - approximately 46 AVID students to attend a College and Career Panel with LA Clippers Executives and a Clippers game to follow on Monday, March 6, 2017 at The Staples Center in Los Angeles, CA. District transportation will be used to transport students and chaperones. Transportation costs will be covered by BHS Title I funds. Banning High School teacher Nathan Valdivia, BHS AP, Laurie DeSouza, and District approved Volunteers Olivia Miller, Arely Bernal, Melissa Valdivia, and Yajaira Oseguera will serve as chaperones. There is no fiscal impact to the BUSD General Fund for this trip.
Matt Valdivia, Principal, Banning High School requests ratification for the Board to approve the following:
- JPL INVENTION CHALLENGE - approximately 8 AP Physics students attended the JPL Invention Challenge/Jet Propulsion Laboratory Engineering Competition on Friday, December 2, 2016 to compete in the competition. A District van was used to transport students and chaperones. There were no transportation costs. Banning High School teacher Mark Kline served as chaperone. There was no fiscal impact to the BUSD General Fund for this trip.
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Matt Valdivia, Principal, Banning High School requests permission for the Board to approve the following:
- AVID JUNIOR ROAD TRIP - approximately 60 AVID Junior students to attend the Annual AVID Junior Road Trip to visit various College Campuses from Sunday, April 2 - 7, 2017 to participate in various college visits and activities. District transportation will be used to transport students and chaperones. Transportation costs will be covered by BHS AVID ASB funds and Title I funds. Banning High School Teachers Nathan Valdivia, Sam Aguilar, Joanna Barnheiser, Ashley Haiston and District Approve Volunteers Melissa Valdivia and Megan Suster will serve as chaperones. There is no fiscal impact to the BUSD General Fund for this trip.
- BHS BAND CLUB - approximately 45 Music Program students to attend a Music Festival and Performances on Friday, April 21 through Saturday, April 22, 2017 at The Forum at Yorba Linda HIgh School in Yorba Linda, CA and to Disneyland Theme Park, 1313 Disneyland Dr., in Anaheim, CA. District transportation will be used to transport students and chaperones. Transportation costs will be covered by BHS Band ASB funds and any additional costs will be paid by BHS Band Boosters. Banning High School Music Director, Thomas Finch, Banning High School and District approved Parent Volunteers Theodora Douglas, Carl Douglas, Kerry Shook, Carrie Shook, Robert LuGrain, Catalina Roman, Penny Franz, Adrianna Lopez and Staff Gaby Trejo will serve as chaperones. There is no fiscal impact to the BUSD General Fund for this trip.
- BHS AVID - approximately 46 AVID students to attend a College and Career Panel with LA Clippers Executives and a Clippers game to follow on Monday, March 6, 2017 at The Staples Center in Los Angeles, CA. District transportation will be used to transport students and chaperones. Transportation costs will be covered by BHS Title I funds. Banning High School teacher Nathan Valdivia, BHS AP, Laurie DeSouza, and District approved Volunteers Olivia Miller, Arely Bernal, Melissa Valdivia, and Yajaira Oseguera will serve as chaperones. There is no fiscal impact to the BUSD General Fund for this trip.
Matt Valdivia, Principal, Banning High School requests ratification for the Board to approve the following:
- JPL INVENTION CHALLENGE - approximately 8 AP Physics students attended the JPL Invention Challenge/Jet Propulsion Laboratory Engineering Competition on Friday, December 2, 2016 to compete in the competition. A District van was used to transport students and chaperones. There were no transportation costs. Banning High School teacher Mark Kline served as chaperone. There was no fiscal impact to the BUSD General Fund for this trip.
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BHS AVID CLIPPERS GAME
BHS JPL INVENTION CHALLENGE_RATIFICATION
BHS JUNIOR ROAD TRIP_AVID
BHS MUSIC PROGRAM_PERFORMANCES
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Banning Unified School District is re-authorizing its Work Experience Plan for our students. Work Experience Education is designed to give the student a thorough knowledge of the fundamental principles of work and to provide training in a semi-skilled/skilled service occupation. The principles are applied to actual school-approved work related worksites on a part-time basis. The classroom instructor is the WEE teacher coordinator and works with the student to be successful. Real-world experiences through hands-on applications at the worksite are strengthened through the students’ daily-related class. The students’ general educational background is enhanced as it relates to the students’ employment. This also teaches the student the role of worker and citizen. This knowledge is helpful to each student for personal employment/careers and further educational attainment. The student must pass both classroom and employer’s evaluation to receive credit. Once the Board approves our plan, it will be submitted to the California Department of Education for approval.
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Work Experience Education WEE Program
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| Robert Guillen |
Prior to bargaining with the Banning Teachers Association (BTA) each party must present a list of interest to the public through the Board of Trustees. A list on behalf of the Banning Unified School District is attached for Board's consideration.
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Banning USD Sunshine to BTA for 2017-2018
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| The Board may discuss an item which was not previously placed upon the agenda when the Board determines that there is a need for immediate action which cannot reasonably wait for the next regularly scheduled meeting. The determination must be made by two-thirds (2/3) of the total Board or, if two-thirds (2/3) of the Board is not present, by a unanimous vote of those remaining. (Reference: The Ralph M. Brown Act) |
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| Miscellaneous - Staff continues to work with the Division of State Architect to close out previous projects with the last two needed certifications currently listed as closed without certification (otherwise known as Legacy Projects).
Legal Items pending
- Staff continues to work with District's legal counsel regarding solar panel failure at the BHS 2-story classroom building.
- Further issues with the 2-story classroom building are water leaks and damage due to the leakage. Legal counsel continues to attend court dates and work with opposing counsel. Mediation is set for March 1, 2017.
- The District continues to monitor and investigate cracks in the BHS tennis courts. District's legal counsel has prepared a Tolling Agreement to preserve negligence claims which have a short two year stature of limitations. Most opposing parties have agreed to sign the agreement.
Status of Funds for Measures "L" and "R" and Capital Facilities: Restricted Measure L and Measure R funds have been exhausted. Any interest accrued has, or will be moved to projects where needed. Measure "M": Since Measure M passed on November 8, 2016, this category will be added to the Status of Funds Reports as bonds are sold and made available to the District to accomplish projects specified on the ballot.
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Facilities Monthly Report, February 2017
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| If community comments exceed thirty (30) minutes, remaining comments may be heard at this time. |
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| Board Members are encouraged to report on items of information not requiring comment or discussion, to the entire body at this time. (Reference: The Ralph M. Brown Act) |
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| The Superintendent and members of the Cabinet are encouraged to report on items of information to the Board, as well as provide information about conferences or meetings that they have attended. Other items, which may be agendized for a later meeting, may be presented but cannot be commented upon or discussed at the meeting. (Reference: The Ralph M. Brown Act) |
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Regular Board Meeting, Thursday, March 9, 2017 at 5:30 P.M., Banning City Council Chambers, 99 E. Ramsey Street, Banning, CA. |
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| In compliance with the Americans with Disabilities Act, if you need special assistance, disability-related modifications or accommodations, including auxiliary aids or services, in order to participate in a public meetings of the District’s Governing Board, please contact the office of the District Superintendent at (951) 922-2706. Notification 24 hours prior to the meeting will enable the District to make reasonable arrangement to ensure accommodation and accessibility to this meeting. Upon request, the District shall also make available this agenda and all other public records associated with this meeting in appropriate alternative formats for persons with a disability. Agenda documents that have been distributed to the Board less than 24 hours in advance of the meeting are available for inspection by the public at the District Superintendent’s Office located at 161 W. Williams Street, Banning, CA. (Reference: The Ralph M. Brown Act) |
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Published: February 13, 2017, 2:09 PM
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