09-27-18 Regular Session Board Meeting
San José USD
September 27, 2018 6:00PM
Board Room
855 Lenzen Avenue
(District Administration Building)
| Uniting as one community, we elevate opportunities for all. Vision Statement:
Preparing today’s students to be the thinkers, leaders, and creators of tomorrow. |
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| With Trustees Foley, Melillo, and Meek present at the dais, Board President Ellenberg called the meeting to order in open session at 5:00 PM. |
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To adopt the closed session agenda as amended. Passed with a motion by Michael Melillo and a second by Kimberly Meek. |
Absent Teresa Castellanos.
Yes Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Michael Melillo.
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Superintendent Nancy Albarrán announced one amendment to the closed session agenda. Item E.2 Personnel section A. Public Employee Appointment: Add Interim Principal, 1.0 FTE and Interim Elementary Director of Curriculum and Instruction, 1.0 FTE.
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Members of the public who wish to speak prior to the Board's consideration of items on the posted closed session agenda must complete the appropriate CITIZEN'S REQUEST TO SPEAK card and indicate the item number to be addressed. For comments in favor of an agenda item, speakers must complete the green CITIZEN'S REQUEST TO SPEAK card. For comments in opposition to an agenda item, speakers must complete the red CITIZEN'S REQUEST TO SPEAK card. Each speaker is allocated a total of two (2) minutes to address the Board for a maximum of ten (10) minutes on each subject matter at the discretion of the Board President.
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| There were no public comments on closed session agenda items. |
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| The Board adjourned to closed session at 5:01 PM. |
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RECOMMENDATION: That the Board of Education hold a hearing on the attached Student Expulsion Case to consider the recommendation of the Administrative Hearing Panel to expel the students referenced in these expulsion cases:
Student Expulsion Case Number 2018-19-001
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RECOMMENDATION: That the Board of Education approve the following Personnel Items:
A. Public Employee Appointment
Public Engagement Officer, 1.0 FTE
Assistant Manager, Human Resources, 1.0 FTE
Assistant Manager, Procurement and Contracts, 1.0 FTE
B. Public Employee Discipline/Dismissal/Release/Reassignment
C. Layoffs/Leaves of Absence/Resignation
D. Public Employee Contracts
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Claimant: Liliana DeTagle
Agency claimed against: San José Unified School District
Claimant: Jolene Schmitz
Agency claimed against: San José Unified School District
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Agency designated representatives: Stephen McMahon and J. Dominic Bejarano
Employee Organizations: SJAA, SJTA, CSEA, AFSCME, AFT, Trades
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| With Trustees, Foley, Meek and Melillo present at the dais, Board President Ellenberg reconvened the meeting in open session at 6:03 PM. |
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| Student Board Member Robert Gamble led the Pledge of Allegiance. |
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To adopt the open session agenda. Passed with a motion by Pamela Foley and a second by Kimberly Meek. |
Absent Teresa Castellanos.
Yes Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Michael Melillo.
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| Superintendent Nancy Albarrán announced that equipment is available for Spanish translation. |
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Current Board Policy provides members of the public the opportunity to bring before the Board, at a regular meeting, matters that are not listed on the agenda. The Board may refer such matters to the Superintendent or designee or take it under advisement, but shall not take action at that time as provisions of the Brown Act (Government Code 54954.2(a)(3) and 54954.3) preclude any action being taken on any item not appearing on the posted agenda for action.
Members of the public who wish to directly address the Board on any item of interest to the public must complete the appropriate CITIZEN'S REQUEST TO SPEAK card and bring it to the Executive Assistant to the Board prior to the conclusion of Public Comments. Speakers must clearly identify whether they are speaking to an agenda item or to a matter not on the agenda. For comments in favor of an agenda item, speakers must complete the green CITIZEN'S REQUEST TO SPEAK card. For comments in opposition to an agenda item, speakers must complete the red CITIZEN'S REQUEST TO SPEAK card. For comments on matters not on the posted agenda, the yellow CITIZEN'S REQUEST TO SPEAK card must be completed. Time limits are two minutes at the discretion of the Board President. As permitted by current policy, the Board President will limit the total time for public comments on each agenda item to 20 minutes. The Board President may take a poll of speakers in support of or opposed to a particular issue if there are more speakers than time allows. (BB 9323)
Each SJUSD bargaining group president is given five minutes to address the Board of Education. The appropriate CITIZEN’S REQUEST TO SPEAK card must be completed and given to the Executive Assistant to the Board prior to the conclusion of public comments. Bargaining group presidents who wish to speak during the discussion of an item on the posted agenda must complete the appropriate CITIZEN’S REQUEST TO SPEAK card and clearly identify the agenda item number.
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Public comments opened at 6:04 PM.
Each speaker was allotted two (2) minutes to address the Board with a maximum of 10 minutes on each subject matter.
Speaker: Brian Wheatley, community member
Topic: Negotiations
Speaker: Emily Laxson, employee, SJUSD
Topic: No CSEA work calendar
Trustee Castellanos arrived at the meeting at 6:08 PM.
The next group of speakers addressed the Board on the subject of middle school sex education curriculum. The group was allocated a total of 10 minutes to address the Board on their topic.
Speaker: Kalpana Menon, parent, Bret Harte Middle School
Topic: Concerns about sex education curriculum
Speaker: Lieke Vlasveld-Coppoolse, parent, Bret Harte Middle School
Topic: Concerns about sex education curriculum
Speaker: Anjali Israni, parent, Bret Harte Middle School
Topic: Concerns about California Healthy sex education curriculum
Speaker: Kelly Hertzig, parent, Bret Harte Middle School & Leland High School
Topic: CA Healthy Youth Act
Speaker: Evelyn Oshana, parent, Bret Harte Middle School
Topic: Sex education curriculum, options to opt out of portions of it
Superintendent Albarrán responded to the concerns expressed by the speakers. She explained that one of the parents, Kalpana Menon, had reached out to her office. The necessary forms for reviewing instructional materials have been sent to her and the department is prepared to address the concerns once the forms are returned.
Speaker: Alyssa Mendoza, San José Public Library
Topic: SJ Engage, Internship, volunteer, and work shadow opportunities
Speaker: Brett Bymaster, parent, Washington Elementary
Topic: Parent participation
Speaker: Angela Bymaster, family doctor, Washington Elementary
Topic: Use of school grounds
Superintendent Albarrán requested that Director of Student Support Services Dane Caldwell-Holden get more information from Mr. Bymaster and Dr. Bymaster.
Superintendent Albarrán provided clarification for the audience in regard to communication about new issues being brought to the Board's attention.
Public comments closed at 6:25 PM.
Complete public comments are located at 3:25 - 25:16 on the 09.27.18 Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio
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RECOMMENDATION: That the Board of Education discuss and provide direction on the special education provisions of the Financial and Operational Memorandum of Understanding (MOU) with Downtown College Preparatory (DCP) Middle and High Schools.
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That the Board of Education direct staff to move forward with negotiations between the District and DCP and designate a San José Unified representative to the DCP Board.
Passed with a motion by Michael Melillo and a second by Teresa Castellanos. |
Yes Teresa Castellanos.
Yes Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Michael Melillo.
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The Financial and Operational MOU between the San José Unified School District and DCP specifies the responsibilities of the parties and supports the implementation of the respective charters. The parties are currently in disagreement on how to move forward with the special education provisions of the MOU.
Prepared by
Stephen McMahon
Deputy Superintendent Approved by
Nancy Albarrán
Superintendent
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Four individuals submitted green Citizen's Request to Speak cards indicating their request to speak in favor of item J.1. Each speaker was allotted two (2) minutes to address the Board.
Speaker: Catharyn Schroeder, SJUSD teacher
Topic: For ending the District's contract for SPED with DCP
Speaker: Johanna Latz, SJUSD teacher
Topic: DCP MOU
Speaker: Karen Sauer, SJUSD teacher
Topic: DCP MOU
Speaker: Sue Pavlik, SJUSD parent and member of CAC-SE
Topic: No position on the item, Financial Ops - Charter Schools and Special Ed funding
Public comments in regard to item J.1 are located at 25:18 - 32:59 on the 09.27.18 Board Meeting Recording.
Public comments were followed by Deputy Superintendent Stephen McMahon's report on the Financial and Operational Memorandum of Understanding between San José Unified School District and DCP Middle and High Schools specific to the Special Education provisions of the MOU.
Following Mr. McMahon's report, DCP Executive Director Jennifer Andaluz presented remarks on behalf of DCP in regard to the Financial and Operational Memorandum of Understanding. Concluding her remarks, she requested the expansion of the negotiating team for the special education provisions of the MOU.
At the conclusion of Ms. Andaluz's remarks, Board President Ellenberg opened for questions from the Board members.
DCP Executive Director Jennifer Andaluz, Deputy Superintendent Stephen McMahon and Superintendent Nancy Albarrán responded to questions from the Board Members. Responding to a Board Member recommendation to have a San José Unified Board Member on the DCP Board, Superintendent Albarrán indicated that she would work with Ms. Andaluz to identify a mutually agreeable candidate to serve on the DCP Board. At the conclusion of the Board's discussion, Superintendent Albarrán clarified that the requested action is to work with Ms. Andaluz to identify dates and move forward with negotiating with staff.
Trustee Melillo moved to direct staff to move forward with negotiations between the District and DCP. Trustee Castellanos seconded the motion.
Trustee Foley proposed a friendly amendment to the motion to include the designation of a San José Unified representative on the DCP Board. Trustee Melillo accepted the friendly amendment.
Board President Ellenberg provided clarification that the Board's direction to staff to continue to negotiate means that the understanding is that DCP is not being held to an obligation to join the El Dorado SELPA.
The motion was approved.
Discussion of item J.1 is located at 25:18 - 1:15:29 on the 09.27.18 Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
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RECOMMENDATION: That the District prioritize and move forward with the actions, agreements, and partnerships necessary to finalize properties from the identified set that will: (1) better serve students, (2) positively address enrollment imbalances across schools, and (3) support employee housing projects.
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That the District prioritize and move forward with the actions, agreements, and partnerships necessary to finalize properties from the identified set that will: (1) better serve students, (2) positively address enrollment imbalances across schools, and (3) support employee housing projects.
Passed with a motion by Kimberly Meek and a second by Pamela Foley. |
Yes Teresa Castellanos.
Yes Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Michael Melillo.
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On September 13, 2018 the Board of Education took Step 1 in developing and implementing a Master Plan for San José Unified Properties. This action item is Step 2 in that process. Please see the accompanying document for additional information.
Prepared by
Stephen McMahon
Deputy Superintendent
Approved by
Nancy Albarrán
Superintendent
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There were six Citizen's Request to Speak cards submitted in regard to item J.2. As bargaining unit representatives the first two speakers, Patrick Bernhardt and Sharon Calhoun were allocated five (5) minutes to address the Board.
The remaining four speakers were allocated two (2) minutes each.
Speaker: Patrick Bernhardt, President, SJTA
Topic: In favor of the Master Plan for San José Unified Properties.
Speaker: Sharon Calhoun, President, CSEA
Topic: Against the Master Plan for District Properties
Superintendent Albarrán responded to CSEA President Sharon Calhoun's comments stating that she would follow up with her regarding the specifics.
Speaker: Mahesh Maddury, SJUSD parent, Bret Harte and Graystone
Topic: Objection to a portion of the Master Plan for District Properties
Speaker: Atul Moghe, SJUSD parent, Leland and Graystone
Topic: Against the Master Plan for District Properties
Speaker: Shamit Kapadia, SJUSD parent, Leland and Bret Harte
Topic: Against the Master Plan for District Properties
Speaker: Greg Braley, community member
Topic: Against the Master Plan for District Properties, remove Leland and Bret Harte from the Master Plan
Public comments are located at 1:15:33 - 1:32:18 on the 09.27.18 Board Meeting Recording.
Deputy Superintendent Stephen McMahon gave a presentation on step 2 of the Master Plan for San José Unified Properties. Following the presentation Deputy Superintendent Stephen McMahon and Superintendent Nancy Albarrán responded to questions and comments from the Board Members in regard to a communication plan, timeline and updates to the Board.
Trustee Castellanos left the room at 8:16 PM. She returned to the room at 8:18 PM.
Board Vice President Meek moved to direct staff to go ahead with a full exploration of the nine properties listed. Trustee Foley seconded the motion.
The motion was approved.
Discussion of item J.2 is located at 1:15:33 - 2:18:45 on the 09.27.18 Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
Master Plan for San José Unified Properties
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The Board of Education will hold a Public Hearing to receive comments regarding the Pupil Textbook and Instructional Materials for grades TK-12.
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The District, pursuant to Education code Sections 60119 (1) must provide the following assurances: Make a determination through Resolution 2019-09-27-01 as to whether each pupil in the District has or will have prior to the end of the fiscal year sufficient textbooks or instructional materials, or both, in each subject including Health and Foreign Languages 6-12, Science Lab Equipment 9-12, that are consistent with the content and cycles of curriculum frameworks adopted by the State Board.
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The public hearing opened at 8:20 PM.
There were no public comments on Pupil Textbooks and Instructional Materials.
The public hearing closed at 8:20 PM. |
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RECOMMENDATION: That the Board of Education approve and adopt Resolution 2019-09-27-01 Pupil Textbooks and Instructional Materials, Williams Settlement, Education Code Section 60119 during the 2018-19 school year.
Budget Source:
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That the Board of Education approve and adopt Resolution 2019-09-27-01 Pupil Textbooks and Instructional Materials, Williams Settlement, Education Code Section 60119 during the 2018-19 school year.
Passed with a motion by Teresa Castellanos and a second by Pamela Foley. |
Yes Teresa Castellanos.
Yes Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Michael Melillo.
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| The Board shall hold a public hearing or hearings at which time the Board shall encourage participation by parents, teachers, bargaining unit leaders and members of the community interested in affairs of the school district. A determination through a resolution will be made as to whether each pupil in SJUSD has sufficient textbooks or instructional materials or both in each subject that are consistent with the content and cycles of curriculum framework adopted by the state board. This resolution includes health, foreign language grades 6-12 and science lab equipment grades 9-12. This Board item is in compliance with CA Education Code Section 60119 and 5 CCR 9531 and in alignment with Williams Settlement guidelines.
Prepared by
Deepa Mukherjee, Director
Secondary Curriculum & Instruction
Approved by
Jodi Lax, Associate Superintendent
Instruction
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Restricted Lottery [Fund 061]
Instructional Materials [Fund 032]
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Deputy Superintendent Stephen McMahon and Superintendent Nancy Albarrán responded to a Board Member question regarding protocols for noticing public hearings.
Associate Superintendent Jodi Lax responded to a Board Member question about an increase in the expenditure for textbooks this year over last year.
Discussion of Items J.3 and J.3.1 are located at 2:18:47 - 2:21:21 on the 09.27.18 Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
Resolution 2019-09-27-01
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| Board members may report on visits to schools, conferences and meetings attended and items of interest to the public.
Susan Ellenberg, President
Kimberly Meek, Vice President
Teresa Castellanos, Member
Pamela Foley, Member
Michael Melillo, Member
Robert Gamble, Student Board Member
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In the interest of time and with the exception of the Student Board Member, Board President Ellenberg requested that the Board Members submit their reports in writing to be included in the minutes.
Student Board Member Robert Gamble reported that the upcoming ILC meeting would be held on October 11th at Leland High School. He commented on the District and parent role in regard to discussions about the sex education courses.
Announcements and reports by Board Members and Student Board Member are located at 2:21:23 - 2:24:45 on the 09.27.18 Board Member Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
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| The Superintendent and Executive Staff may provide reports and updates to the Board on schools, programs, departments and various key areas of significance.
Nancy Albarrán, Superintendent
Stephen McMahon, Deputy Superintendent
Jodi Lax, Associate Superintendent, Instruction
J. Dominic Bejarano, Assistant Superintendent, Administrative Services
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Superintendent Albarrán announced that staff would also submit their reports in writing.
Deputy Superintendent Stephen McMahon acknowledged Robert's excellent summary in regard to the sex education courses.
Following up on Board President Ellenberg's request at the September 13, 2018 meeting in regard to item M.17, Associate Superintendent Jodi Lax submitted the following written report to be included in the minutes. "Cyber High is available to all SJUSD high school students. We have unlimited licenses that can be accessed by working with the Academic Counselor or site administrator. During the 2017-18 school year 676 courses were completed. Students use this resource for a variety of reasons, but primarily it is used for credit recovery or grade validation in order to maintain A-G eligibility."
Announcements and reports by the Superintendent and Executive Staff are located at 2:24:47 - 2:25:08 on the 09.27.18 Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
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To approve the minutes of the Regular Session Meeting held September 13, 2018. Passed with a motion by Teresa Castellanos and a second by Kimberly Meek. |
Yes Teresa Castellanos.
Yes Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Michael Melillo.
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| The minutes of the Regular Session Meeting held September 13, 2018 were approved as submitted. |
Minutes of September 13, 2018 Regular Session Meeting
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| All Agenda items listed under the Consent Calendar will be enacted in one motion. There will be no discussion of these items prior to consideration of the motion, unless a member of the Board of Education or the Superintendent request that an item be removed from the Consent Calendar. |
To approve the consent calendar with the notation that the attachment to item M.13 was made available at the meeting. Passed with a motion by Teresa Castellanos and a second by Pamela Foley. |
Yes Teresa Castellanos.
Yes Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Michael Melillo.
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| Superintendent Nancy Albarrán announced that a copy of the attachment to Item M.13, the MOU with CollegeSpring, was not attached to the agenda but was made available at the meeting. Consent calendar items M.1 through M.31 were approved. |
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| RECOMMENDATION: That the Board of Education accept, with thanks, the gifts to the District as specified. |
Prepared by
Nancy Albarrán
Superintendent
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Gifts to SJUSD 09.27.18
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RECOMMENDATION: That the Board of Education approve the Certificated Personnel Actions as specified.
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| Approved by
Jacqueline Murphy, Director
Human Resources
Approved by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
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HR Certificated 09.27.18
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RECOMMENDATION: That the Board of Education approve the Classified Personnel Actions as specified.
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| Approved by
Jacqueline Murphy, Director
Human Resources
Approved by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
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HR Classified 09.27.18
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| RECOMMENDATION: That the Board of Education approve the Short-term Limited Services Agreements for $25,000 or less as specified. |
| Prepared by
Jacqueline Murphy, Director
Human Resources
Approved by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
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Short-term Limited Services 2018-19 Agreements - 09.27.18
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RECOMMENDATION: That the Board of Education approve the revised SJTA job description for the Family Engagement Resource Teacher.
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The District periodically revises and updates job descriptions and job titles to accurately reflect the changing responsibilities of our varied programs. The job description has been reviewed with the appropriate staff and San José Teachers Association.
Approved by
Jacqueline Murphy, Director
Human Resources
Approved by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
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Job Description - Resource Teacher Family Engagement
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RECOMMENDATION: That the Board of Education ratify the service agreements for legal counsel for the 2018-2019 fiscal year as follows:
• Burke, Williams & Sorensen, LLP in an amount not to exceed $75,000
• Dannis, Woliver & Kelley in an amount not to exceed $375,000
• Law Office of Ning Gan in an amount not to exceed $10,000
• Lozano Smith, LLP in an amount not to exceed $25,000
• McArthur & Levin, LLP in an amount not to exceed $200,000
• Orbach, Huff, Suarez and Henderson, LLP in an amount not to exceed $150,000
• Samuelson, Wilson & Roe in an amount not to exceed $7,500
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| The delegation of power approved by the Board of Education on June 28, 2018 allowed the Superintendent and her designee to finalize the service agreements for legal counsel for the 2018-2019 fiscal year and are now being presented for ratification.
These seven legal firms represent, advise, and counsel San José Unified on all aspects of the District's practices. The grand total of $842,500 across all seven legal firms is $5,000 less than the grand total of the service agreements for legal counsel approved at the start of the 2017-2018 fiscal year.
Prepared by
Stephen McMahon
Deputy Superintendent
Approved by
Nancy Albarrán
Superintendent
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Agreement - Burke, Williams & Sorensen, LLP
Agreement - Dannis, Woliver & Kelley
Agreement - Law Office of Ning Gan
Agreement - Lozano Smith, LLP
Agreement - McArthur & Levin, LLP
Agreement - Orbach, Huff, Suarez and Henderson, LLP
Agreement - Samuelson, Wilson & Roe
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RECOMMENDATION: That the Board of Education, based upon review of the monthly reports for August 2018, accept the following reports:
Approved Purchase Order Report
Accounts Payable Commercial Warrant Report
Payroll Warrant Report
Cash Flow
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In accordance with District Disbursement Officer duties under the authority of Fiscal Accountability a review, acceptance and certification must be performed to:
Forecast and determine the availability of funds to cover the payment of claims;
Determine that adequate documentation exists to substantiate the appropriateness and authenticity of financial transactions;
Determine that there has been compliance with budgetary, legal, procedural and specifically funded program requirements.
The above items support internal controls maintained by the District in accordance with Fiscal Accountability requirements.
Prepared by
Arthur Cuffy, Director of Finance
Fiscal Services
Approved by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
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1) August 2018 Approved Purchase Order Report
2) August 2018 AP Commercial Warrant Report
3) August 2018 Payroll Warrant Report
4) August 2018 General Fund Cash Flow
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| RECOMMENDATION: That the Board of Education approve the renewal of the agreement with American Logistics Company, LLC in an amount not to exceed $200,000 for home-to-school transportation of special education students during the 2018-19 school year. Budget Source: Transportation [Fund 032]
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This vendor will provide overflow transportation services for students with special needs. Their past experience in working with our students will be an asset.
Prepared by
Corrin Reynolds, Manager
Transportation
Approved by
Jill Case, Director
Student Operational Services
Approved by
Stephen McMahon
Deputy Superintendent
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Transportation [Fund 032]
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Agreement - American Logistics Company, LLC
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RECOMMENDATION: That the Board of Education approve a Service Agreement with Golden Bear Detailing in the amount of $60,000 to provide vehicle washing services of SJUSD's district vehicles during the 2018-2019 school year.
Budget source: Fleet Services [Fund 061]
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The cost to SJUSD is as follows: 101 buses @ $23.68 each
Trucks and vans @ $10.00 each
Buses to be washed 1 time per month during the non rain season (June-October)
Buses to be washed 2 times per month during the rainy season (November- May)
Trucks and vans to be washed 1 time per month.
Bus waxing and polishing:
Each year about 50% of the bus fleet gets waxed and polished.
The estimate for this year is $10,000. Or about $200 each unit.
Total value of the contract is: $60,000
Prepared by
Jill Case, Director
Student Operational Services
Approved by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
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Fleet Services [Fund 061]
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Agreement - Golden Bear Detailing
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RECOMMENDATION: That the Board of Education approve a Service Agreement with SafeTrans Transportation, Inc. in an amount not to exceed $450,000 for home-to-school transportation of special education students during the 2018-19 school year.
Budget Source: Transportation [Fund 032]
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This vendor will provide overflow transportation services for students with special needs. Their past experience in working with our students will be an asset.
Prepared by
Corrin Reynolds, Manager
Transportation
Approved by
Jill Case, Director
Student Operational Services
Approved by
Stephen McMahon
Deputy Superintendent
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Transportation [Fund 032]
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Agreement - SafeTrans Transportation, Inc.
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RECOMMENDATION: That the Board of Education certify that the San José Unified School District had no Williams Uniform Complaints filed during the period from April 1 to June 30, 2018.
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| Notices to parents/guardians regarding their complaint rights have been posted in each classroom within the District. Education Code 35186 requires that the complaints be filed with the principal or his/her designee. There are three general subject areas of complaints: 1. Textbooks and Instructional Materials
2. Teacher Vacancy or Misassignment
3. Facilities Conditions Prepared by
Deepa Mukherjee, Director
Secondary Curriculum & Instruction
Approved by
Jodi Lax, Associate Superintendent
Instruction
Approved by
Nancy Albarrán
Superintendent
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Williams Uniform Complaints 4th qtr. 2017-18
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| RECOMMENDATION: That the Board of Education approve the field trips for elementary and secondary students as specified. |
Approved by
Jodi Lax, Associate Superintendent
Instruction
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09.27.18 Field Trips
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| RECOMMENDATION: That the Board of Education approve a Memorandum of Understanding with CollegeSpring in the amount of $53,750 to provide SAT preparation to selected students at Gunderson, Leland, Pioneer and Willow Glen High Schools during the 2018-19 school year.
Budget Source: Unrestricted General [Fund 031]
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| CollegeSpring will provide SAT preparation to selected students at Gunderson, Leland, Pioneer, and Willow Glen High School. San José Unified estimates that 430 students (100 at Gunderson, 110 at Leland, 120 at Pioneer, and 100 at Willow Glen High) will participate in this program beginning Fall 2018. The SAT Prep classes are offered through learning centers and advisory periods scheduled during the school day. CollegeSpring will train SJUSD teachers at each school site on SAT preparation instruction, provide lesson plans and all curricular materials. CollegeSpring will provide students with a SAT prep handbook, four full-length diagnostic SAT exams, and detailed score reports. CollegeSpring will also meet with teachers after every diagnostic test has been administered to provide support and feedback.
Approved By
Jodi Lax, Associate Superintendent
Instruction
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Unrestricted General [Fund 031]
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A copy of the MOU with CollegeSpring was made available at the meeting.
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RECOMMENDATION: That the Board of Education approve a Service Agreement with Little Heroes in an amount not to exceed $30,000 to provide a youth and recess development program at Galarza Elementary School during the 2018-19 school year.
Budget Source: Title I [Fund 061]
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| Little Heroes will provide a youth and recess development program to provide a positive school climate with inclusive, organized and fun games along with an after school enrichment program. This program will decrease the number of referrals during recess as it also provides youth leadership opportunities where students will gain more pride in their school. Little Heroes also offers classroom game times, which will allow us to fulfill a portion of the mandated PE minutes for grades K-3rd. Additionally, a peer mentorship program will be used to support our site focus on Hispanic males by providing them a safe place to support their academic success. These actions will also improve academic performance for all Galarza Students.
Prepared by
Angela Guzman, Principal
Galarza Elementary School
Approved by
Jodi Lax, Associate Superintendent
Instruction
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Title I [Fund 061]
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Service Agreement - Little Heroes (Galarza)
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| RECOMMENDATION: That the Board of Education approve a Service Agreement with the Santa Clara County Office of Education for the implementation of the Walden West Outdoor Science School Program for participating elementary schools in an amount not to exceed $47,000 per school site during the 2018-19 school year.
Budget Source: Site Budgets
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San José Unified School District fifth graders will be attending a four or five day outdoor science camp program at the Walden West Center in Cupertino or Saratoga during the 2018-19 school year. Each school will submit necessary contracts and purchase orders to Fiscal Services.
Approved by
Jodi Lax, Associate Superintendent
Instruction
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Agreement - Walden West Outdoor Science School 2018-19
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RECOMMENDATION: That the Board of Education approve the Title I portion of the SPSA for John Muir, Trace, Grant, Burnett, and Gunderson.
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| This is a requirement of the Federal Program Monitoring (FPM) to show the alignment between the school SPSA and the ConAp. Each school has used data to determine the needs of the students and developed action items to achieve the goals. Each item will be assessed at the end of the year to determine the effectiveness of the action item.
Approved by
Jodi Lax, Associate Superintendent
Instruction
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Burnett MS SPSA
Grant Elem SPSA
Gunderson HS SPSA
John Muir MS SPSA
Trace Elem SPSA
Washington Elem SPSA
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RECOMMENDATION: That the Board of Education approve the adoption of the Orange County Office of Education ELD Connections Toolkit as Supplemental ELD Instructional Resource. Provider
| Cost
| Orange County Office of Education
| $5,000
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Budget Source: Supplemental [Fund 032]
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| The California Framework for ELA/ELD has established very clear guidelines with regard to alignment between Designated ELD and the ELA curricula used by districts. In 2012-2014, Elementary teachers in SJUSD developed district ELA/SLA Scope and Sequences, TK5 which included the supporting ELD standard for each Focal ELA/SLA standard to be taught in each unit. The ELD Connections Tool resource is intended to support teachers in schools that have less than 25 EL students across two grade levels. It will support teachers in the planning and delivery of a daily, Designated ELD small group instruction for their English Learners within the context of Integrated ELA/ELD. The ELD Connections Tool provides teachers with defined content objectives for language, clearly leveled prompts across different depths of knowledge and parallel sentence frames for the Emerging, Expanding and Bridging proficiency levels of the English Learner students in their classrooms. Ultimately, this tool supports the small group Designated ELD instruction that will serve to create access for the English Learners to the Language Arts content. Teachers will be provided either a K3 or a 35 edition, depending upon the grade level they teach.
Sample & explanation of the ELD Connections Toolkit can be found here.
Prepared by
Margaret Petkiewicz, Manager
Curriculum, Instruction, and EL Services PK5
Approved by
Jodi Lax, Associate Superintendent
Instruction
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Supplemental [Fund 032]
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RECOMMENDATION: That the Board of Education approve the proposed amendment to Administrative Regulation 1220 - Community Relations - Citizen Advisory Committees.
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Changes are based on the California School Boards Association's recommendation in order to update our policies to align with current Education Code.
Approved by
Jodi Lax, Associate Superintendent
Instruction
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AR 1220 - Community Relations - Citizen Advisory Committees
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RECOMMENDATION: That the Board of Education approve the following member of the Community Advisory Committee (CAC) for the 2018-19 and 2019-20 school years:
Cristin Boyd
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The members of the Community Advisory Committee shall be appointed by the San José Unified School District Board of Education and responsible to the Governing Board of the San José Unified School District or Santa Clara County Office of Education, or any combination thereof participating in the local plan. The membership shall be composed of parents of individuals with exceptional needs enrolled in public or private schools, parents of other pupils enrolled in school, pupils and adults with disabilities, regular education teachers, special education teachers and other school personnel, representatives of other public and private agencies, and persons concerned with the needs of individuals with exceptional needs. At least the majority of the committee shall be composed of parents of pupils enrolled in San José Unified School District and at least a majority of such parents shall be parents of individuals with exceptional needs. (CA Education Code 56192 & 56193)
Terms are for at least two years and are annually staggered.
The Director of Special Education and/or his designee shall serve as ex-officio member of the committee.
Prepared by
Seth Reddy, Director
Special Education
Approved by
Jodi Lax, Associate Superintendent
Instruction
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CAC-SE Member Nomination 09.27.18
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| RECOMMENDATION: That the Board of Education approve an Amendment to the Master Contract with Austin Texas Learning Group DBA ATX Learning, LLC in an amount of $375,000 rather than $24,995 for educational services provided to special education students during the 2018-19 school year, including ESY (June 2019).
Budget Source: Special Education [Fund 062]
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| The District contracts with ATX Learning to provide state licensed special education teachers. These educators will provide special education services to students according to their IEP’s. Agency will provide services while teacher vacancies exist and as requested by the Special Education Director. San José Unified School District has the responsibility to provide these services for students who have these services identified on their IEP’s (Individualized Education Program). These contracted services will be reduced for cause as the District employs staff to fulfill need. Services to be provided from July 1, 2018 through June 30, 2019 (per SJUSD calendar).
Prepared by
Seth Reddy, Director
Special Education
Approved by
Jodi Lax, Associate Superintendent
Instruction
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Special Education [Fund 062]
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Amendment to Master Contract - Austin Texas Learning Group
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| RECOMMENDATION: That the Board of Education approve an Amendment to the Master Contract with BMR Health Sped Services, Inc. in an amount of $111,000 rather than $24,995 for educational services provided to special education students during the 2018-19 school year, including ESY (June 2019).
Budget Source: Special Education [Fund 062]
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| The District contracts with BMR Health Sped Services, Inc. to provide state licensed special education teachers. These educators will provide special education services to students according to their IEP’s (Individualized Education Program). Agency will provide services while teacher vacancies exist and as requested by the special education director. San José Unified School District has the responsibility to provide these services for students who have these services identified on their IEP’s. These contracted services will be reduced for cause as the District employs staff to fulfill need. Services to be provided from July 1, 2018 through June 30, 2019 (per SJUSD calendar).
Prepared by
Seth Reddy, Director
Special Education
Approved by
Jodi Lax, Associate Superintendent
Instruction
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Special Education [Fund 062]
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Amendment to Master Contract - BMR Health Sped Services, Inc.
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| RECOMMENDATION: That the Board of Education approve a Master Contract with Autism Spectrum Knowledge-NOW dba Skylar Hadden School in an amount not to exceed $37,220 for educational services provided to a special education student during the 2018-19 school year including ESY June 2019.
Budget Source: Special Education [Fund 062]
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| The District contracts with Autism Spectrum Knowledge-NOW dba Skylar Hadden School to provide education services to a special education student per their IEP. The IEP team agreed that this student requires the highly structured environment with therapeutic component in order to meet their academic and emotional needs. This contract will cover costs for one student during the 2018-19 school year including ESY June 2019.
Prepared by
Seth Reddy, Director
Special Education
Approved by
Jodi Lax, Associate Superintendent
Division of Instruction
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| Special Education [Fund 062]
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Master Contract - A.S.K.-NOW dba Skylar Hadden School
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| RECOMMENDATION: That the Board of Education approve a Master Contract with Villa Santa Maria, Inc. in an amount not to exceed $190,000 for educational services provided to a special education student during the 2018-19 school year.
Budget Source: Special Education [Fund 062]
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| The District contracts with Villa Santa Maria, Inc. to provide educational, mental health and residential services (room & board) to a special education student who has these services identified on their IEP. The IEP team agreed that this student requires the highly structured environment with therapeutic component in order to meet their academic and emotional needs. This contract will cover costs for the 2018-19 school year and includes ESY (June 2019).
Prepared by
Seth Reddy, Director
Special Education
Approved by
Jodi Lax, Associate Superintendent
Instruction
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| Special Education [Fund 062]
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Master Contract - Villa Santa Maria, Inc. [NPS]
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RECOMMENDATION: That the Board of Education approve the SourceWell agreement #083116-SEC with Sharp Electronics Corporation in an annual amount of $110,000 to provide service and maintenance for twelve (12) copy machines from July 1, 2018 through June 30, 2021.
Budget Source: Unrestricted General [Fund 031]
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| The Purchasing and Contract Management Department reviewed five (5) piggyback agreements from copier vendors to replace the expiring twelve (12) secondary school site copy machine leases. Based on pricing, equipment performance and stability, staff familiarity and satisfaction, and exceptional customer service the Sourcewell agreement partnering with Sharp Business Systems was selected. Sourcewell is a public agency serving as a municipal contracting agent offering government and educational agencies discount volume pricing for the purchase of equipment and/or products.
Sourcewell under the guidance of the Uniform Municipal Contracting Law and Joint Exercise of Powers Law executes and provides use of competitively solicited purchasing contracts to meet District procurement standards. The Purchasing and Contract Management Department recommends the Board of Education approve the use of the Sourcewell agreement partnering with Sharp Business Machines for the lease, service and maintenance of the twelve (12) copy machines.
Approved by
Florence Eng, Director
Business Support Services
Approved by
Stephen McMahon
Deputy Superintendent
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Unrestricted General [Fund 031]
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| RECOMMENDATION: That the Board of Education approve Amendment 1 to HMC Group revising the contract amount to $123,970 rather than $98,180 for architectural services for the High School Theater Improvements at Lincoln, Pioneer, Leland, Gunderson and San José High Schools (Project 80035).
Budget Source: Measure H [Fund 215]
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| The original contract was approved by District Staff on March 27, 2018 in the amount of $98,180. Amendment 1 includes design for audio visual systems bringing the current contract amount to $123,970.
Prepared by
Amy Ruffo, Manager
Facilities and Construction
Reviewed by
Steve Adamo, Director
Operations, Facilities and Construction
Approved by
Stephen McMahon
Deputy Superintendent
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Measure H [Fund 215] |
Amendment 1 - HMC Project 80035
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| RECOMMENDATION: That the Board of Education approve Amendment 2 to Salas O’Brien revising the contract amount to $800,462 rather than $785,462 for engineering services for the 2018 Airedale Replacement at San José High School (Project 80025).
Budget Source: Measure H [Fund 215]
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| The original contract was approved by District Staff on September 15, 2017 in the amount of $742,750 and was amended on February 5, 2018 to $785,462. Amendment 2 includes re-design at San José High School Building 1000 from rooftop HVAC to split system unit bringing the current contract amount to $800,462.
Prepared by
Amy Ruffo, Manager
Facilities and Construction
Reviewed by
Steve Adamo, Director
Operations, Facilities and Construction
Approved by
Stephen McMahon
Deputy Superintendent
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Measure H [Fund 215]
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Amendment 2 - Salas O'Brien Project 80025
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| RECOMMENDATION: That the Board of Education approve the following Change Order, amending the contract amount to $966,220 rather than $933,580 for Contract 3050C - R & M Paving Contractors, Inc. (Project 80040).
Budget Source: Measure H [Fund 215]
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The change order listed above is for an additional scope of paving repairs and replacement for the completion of the 2018 Paving Maintenance Group 2 Project. The referenced change order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced change order must be brought to the Board of Education for approval. Prepared by
Amy Ruffo, Manager
Facilities and Construction Reviewed by
Steve Adamo, Director
Operations, Facilities and Construction Approved by
Stephen McMahon
Deputy Superintendent
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Measure H [Fund 215] |
Change Order 2 - R & M Paving Project 80040
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| RECOMMENDATION: That the Board of Education approve the following Change Order, amending the contract amount to $1,608,475 rather than $1,522,610 for Contract 3049C – Silicon Valley Paving, Inc. (Project 80040).
Budget Source: Measure H [Fund 215]
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The change order listed above is for an additional scope of paving maintenance repairs for the completion of the 2018 Paving Maintenance Group 1 Project. The referenced change order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced change order must be brought to the Board of Education for approval. Prepared by
Amy Ruffo, Manager
Facilities and Construction Reviewed by
Steve Adamo, Director
Operations, Facilities and Construction Approved by
Stephen McMahon
Deputy Superintendent
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Measure H [Fund 215] |
Change Order 2 - Silicon Valley Paving Project 80040
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| RECOMMENDATION: That the Board of Education award a contract to ANLA Associates, Inc. in the amount of $186,800 to provide architectural services as required for 2019 Playground Modernization Project at eleven elementary sites (Project 80046).
Budget Source: Measure H [Fund 215]
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| In keeping with District policy and applicable law, this contract shall be let pursuant to a fair, competitive selection process. Government Code Section 4529.12 requires a “competitive selection process” in the selection of all professional services. The District solicited Requests for Qualifications (RFQ) for professional services. Responses were received and independently paper screened. Individual firms were interviewed, scored and ranked and an eligibility pool was approved by the Board.
Staff considered the scope, schedule and staffing needs of this project including the prospective leveraging of resources and selected ANLA Associates, Inc. from the above mentioned pool and negotiated this contract with ANLA Associates, Inc. to provide the resources necessary.
Prepared by
Amy Ruffo, Manager
Facilities and Construction
Reviewed by
Steve Adamo, Director
Operations, Facilities and Construction
Approved by
Stephen McMahon
Deputy Superintendent
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Measure H [Fund 215] |
Agreement - ANLA Associates, Inc. 80046
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| RECOMMENDATION: That the Board of Education award a contract to Hancock Park & DeLong, Inc. in the amount of $55,400 to provide special services as required for 2018 School Facility Program Consulting.
Budget Source: Measure H [Fund 215]
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| In keeping with District policy and applicable law, this contract shall be let pursuant to a fair, competitive selection process. Government Code Section 4529.12 requires a “competitive selection process” in the selection of all professional services. The District solicited Requests for Qualifications (RFQ) for professional services. Responses were received and independently paper screened. Individual firms were interviewed, scored and ranked and an eligibility pool was approved by the Board.
Prepared by
Amy Ruffo, Manager
Facilities and Construction
Reviewed by
Steve Adamo, Director
Operations, Facilities and Construction
Approved by
Stephen McMahon
Deputy Superintendent
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Measure H [Fund 215] |
Agreement - Hancock Park & DeLong, Inc.
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RECOMMENDATION: That the Board of Education ratify District staff’s approval of Contracts, Change Orders, and Amendments referenced in the attached list.
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| The approval of the Contracts, Change Orders, and Amendments was delegated by the Board to District staff pursuant to Educ. Code §§17604 and 17605. District staff requests that the Board ratify the approval of these Contracts, Change Orders, and Amendments.
Prepared by
Amy Ruffo, Manager
Facilities and Construction
Reviewed by
Steve Adamo, Director
Operations, Facilities and Construction
Approved by
Stephen McMahon
Deputy Superintendent
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See Attached Ratification List
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Ratification List - September 27, 2018
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RECOMMENDATION: That the Board of Education approve and adopt Resolution 2019-09-27-02 LGBTQ+ History Month.
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That the Board of Education approve and adopt Resolution 2019-09-27-02 LGBTQ+ History Month.
Passed with a motion by Kimberly Meek and a second by Pamela Foley. |
Yes Teresa Castellanos.
Yes Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Michael Melillo.
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LGBTQ+ History Month is a month-long celebration that is celebrated in the United States in October to coincide with National Coming Out Day on October 11th.
Prepared by
Stephen McMahon
Deputy Superintendent
Approved by
Nancy Albarrán
Superintendent
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Resolution 2019-09-27-02 LGBTQ+ History Month
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INFORMATIONAL: An election will be held on November 28, 2018 to elect members to serve on the Santa Clara County Committee on School District Organization. This year, two seats are up for election, one each in Supervisorial Districts 2 and 4. County Committee members serve four-year terms. Voters in the election are the designated school board members of each district in the county (CA Ed. Code 35023). Trustee Kimberly Meek has been designated as the Board's representative to vote in this election.; official Board action is not required.
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The primary responsibilities of the County Committee are the reorganization of school districts (through territory transfers and unification) and the establishment/rearrangement of governing board trustee areas in school districts. The County Committee is the central initiator, coordinator, facilitator, and arbitrator for these operations. It formulates plans, responds to petitions, conducts public hearings, develops and releases information, and analyzes proposals. There are eleven seats on the County Committee, two from each of the five County Supervisorial Districts and one member elected at-large. Members are elected to four-year terms by representatives from the governing boards of the 36 Santa Clara County school districts (one vote from each district). The purpose of the attached letter is to ask for the Board's help in identifying and encouraging qualified candidates to stand for election to the County Committee. Candidates must submit the necessary information to the County Office of Education by 5:00 p.m., Thursday, October 25, 2018.
Prepared By
Nancy Albarrán
Superintendent
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| This item is informational. There was no discussion. |
Santa Clara County Committee - Candidates for Election 2018 - 1st Letter
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| RECOMMENDATION: That the Board of Education approve the Management Personnel Actions as specified. |
That the Board of Education approve the Management Personnel Actions as specified. Passed with a motion by Pamela Foley and a second by Teresa Castellanos. |
Yes Teresa Castellanos.
Yes Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Michael Melillo.
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Implementation of management positions was delegated to the Superintendent or designee by the Board of Education on March 15, 2018 as part of a new salary schedule for SJUSD management employees. This action item completes that process. Subsequent to this action item there will be a regular item for Management Personnel Actions similar to Certificated and Classified Personnel Actions. Approved by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
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Management Personnel Actions
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INFORMATIONAL: That the Board of Education review the proposed Resolution 2019-10-18-01 - Adopting Updated Conflict of Interest Code.
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| The Political Reform Act requires every local government agency to review its conflict of interest code every even-numbered year. San José Unified's code is Board Bylaw Exhibit 9270. Changes include updating the designated positions in the Appendix.
Board Bylaw 9270 is included for informational purposes only and has no changes.
Prepared by
Stephen McMahon
Deputy Superintendent
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This item is informational.
Discussion of item N.4 is located at 2:27:32 - 2:28:04 on the 09.27.18 Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
Board Bylaw 9270
Proposed Resolution 2019-10-18-01
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| Following the hearing in Closed Session, the Board will now take final action on this case. |
Vote:
Yes Teresa Castellanos
Yes Susan Ellenberg
Yes Pamela Foley
Yes Kimberly Meek
Yes Michael Melillo
Trustee Foley moved to suspend the expulsion.
Trustee Melillo seconded the motion to suspend the expulsion.
Vote on the motion to suspend the expulsion:
Yes Teresa Castellanos
Yes Susan Ellenberg
Yes Pamela Foley
Yes Kimberly Meek
Yes Michael Melillo
The action taken on item N.5 is located at 2:28:05 - 2:28:36 on the 09.27.18 Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
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Superintendent Albarrán gave the closed session report. During closed session the Board held a student expulsion hearing on case number 2018-19-001. The Board discussed and authorized moving forward with personnel items with a vote of 4:0 with Trustee Castellanos absent.
Absent Teresa Castellanos
Yes Susan Ellenberg
Yes Pamela Foley
Yes Kimberly Meek
Yes Michael Melillo
The Board denied liability claims by Liliana DeTagle and Jolene Schmitz by a vote of 4:0 with Trustee Castellanos absent.
Absent Teresa Castellanos
Yes Susan Ellenberg
Yes Pamela Foley
Yes Kimberly Meek
Yes Michael Melillo
The Board held a conference with labor negotiators and discussed and finalized the Superintendent's evaluation goals.
The closed session report is located at 2:28:37 - 2:29:17 on the 09.27.18 Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
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To adjourn the meeting. Passed with a motion by Teresa Castellanos and a second by Pamela Foley. |
Yes Teresa Castellanos.
Yes Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Michael Melillo.
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| The meeting adjourned at 8:30 PM. |
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| All meetings of the Governing Board are open to the general public with the exception of Closed Sessions, which are held to consider those items specifically exempt under the Ralph M. Brown Act. Anyone planning to attend a meeting who has a disability and needs special assistance should call the Superintendent’s Office, 408-535-6078, at least three (3) days in advance to make special arrangements. ----- Todas las juntas de la Mesa Directiva están abiertas al público en general con la excepción de las sesiones privadas, las cuales se llevan a cabo para considerar los asuntos específicamente exentos por la Ley Ralph M. Brown. Cualquier persona con una discapacidad para la cual necesita ayuda especial y planea asistir a una junta, debe llamar a la Oficina de la Superintendente al 408-535-6078, por lo menos con tres (3) días de anticipacion para hacer los preparativos necesarios. ----- Spanish interpretation is available at Board Meetings. To arrange for interpretation services or to request a translated version of the printed agenda outline, please call the Superintendent’s Office, 408-535-6078, at least three (3) days in advance. [Se ofrece interpretación simultánea al español en las juntas de la Mesa Directiva. Si desea solicitar interpretación al español o si desea solicitar una copia impresa en español del orden del dia, por favor llame a la Oficina de la Superintendente, al 408-535-6078, por lo menos con tres (3) días de anticipación.] |
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| Absent | Teresa Castellanos |
| Present | Susan Ellenberg |
| Present | Pamela Foley |
| Present | Kimberly Meek |
| Present | Michael Melillo |
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| Present | Teresa Castellanos |
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