08-08-19 Regular Session Board Meeting
San José USD
August 08, 2019 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 Board Vice President Teresa Castellanos and Trustees Carla Collins, José Magaña and Brian Wheatley present at the dais, Board President Kimberly Meek called the meeting to order in open session at 4:31 PM. |
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To adopt the closed session agenda. Passed with a motion by Teresa Castellanos and a second by Jose Magana. |
Yes Teresa Castellanos.
Yes Carla Collins.
Yes Jose Magana.
Yes Kimberly Meek.
Yes Brian Wheatley.
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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 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 REQUEST TO SPEAK card. For comments in opposition to an agenda item, speakers must complete the red 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 regarding closed session items E.1. through E.6. |
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| The Board adjourned to closed session at 4:32 PM. |
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RECOMMENDATION: That the Board of Education consider the request for postponement of the hearing on Student Expulsion Case Number 2018-19-026.
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RECOMMENDATION: That the Board of Education approve the following Personnel Items:
A. Public Employee Appointment
Assistant Principal, Middle School, 1.0 FTE
Assistant Principal, High School, 1.0 FTE B. Public Employee Discipline/Dismissal/Release/Reassignment
C. Layoffs/Leaves of Absence/Resignation
D. Public Employee Contracts
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OAH Case No. 2019040666
OAH Case No. 2019050575
OAH Case No. 2019050641
Court of Appeal of California, Third Appellate District Case No. C087996
Superior Court of California, County of Santa Clara Case No. 18CV325491
Superior Court of California, County of Santa Clara Case No. 18CV340197
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Claimant: Samson Atienza
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 Board Vice President Teresa Castellanos and Trustees Carla Collins, José Magaña and Brian Wheatley present at the dais, Board President Kimberly Meek reconvened the meeting in open session at 6:02 PM.
Board President Kimberly Meek announced that equipment is available for Spanish translation. |
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Student Board Member Luiza Albuquerque led the Pledge of Allegiance.
Board President Kimberly Meek announced that prior to the official start of the meeting, a moment of silence would be observed not only for all of the victims of shootings this past week, but in particular for San José Unified middle school student Keyla Salazar. |
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To adopt the open session agenda. Passed with a motion by Jose Magana and a second by Teresa Castellanos. |
Yes Teresa Castellanos.
Yes Carla Collins.
Yes Jose Magana.
Yes Kimberly Meek.
Yes Brian Wheatley.
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| 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 REQUEST TO SPEAK card and bring it to the Board's Assistant 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 REQUEST TO SPEAK card. For comments in opposition to an agenda item, speakers must complete the red REQUEST TO SPEAK card. For comments on matters not on the posted agenda, the yellow REQUEST TO SPEAK card must be completed. Time limits are two minutes at the discretion of the Board President. As permitted by board 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 REQUEST TO SPEAK card must be completed and given to the Board's Assistant 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 REQUEST TO SPEAK card and clearly identify the agenda item number.
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Public comments opened at 6:04 PM.
Board President Kimberly Meek acknowledged the number of people from Promise Academy that had requested to make public comments. She announced that the time limit per topic is ten (10) minutes and requested that the group step out into the hallway to sort out who they want to have speak and come back in when they have it sorted out.
The first group of speakers were allocated two (2) minutes each to address the Board on the topic of the Employee Housing Master Plan.
Speaker: Tobin Gilman
Topic: Employee housing
Speaker: Tami Sell
Topic: Master Plan
Speaker: Parker Beyersdoerfer
Topic: San José Master Plan
Speaker: Greg Braley
Topic: Employee housing
The next three speakers were allocated two (2) minutes each to address the Board in regard to River Glen Elementary and Washington Elementary.
Speaker: Sharon Tracey
Topic: River Glen & TWBI Middle School
Speaker: Brett Bymaster
Topic: Washington Elementary
Speaker: Rafael Coss
Topic: River Glen & Dual Immersion Master Plan
Two of the next three individuals requested to make public comments in regard to two separate topics. Each speaker was allocated two (2) minutes to address the Board in regard to each topic of concern.
Speaker: Sal Hernandez
Topic: July 1, 2019 AFSCME employee holiday
Speaker: Sal Hernandez
Topic: FMT's employee liability factor
Speaker: Sue Pavlik
Topic: Filling teacher positions
Speaker: Sue Pavlik
Topic: Special Ed
Speaker: Kristen Brown
Topic: After midnight - Thank you (Eureka! Inclusive)
The next group of speakers addressed the Board in regard to Promise Academy. The first speaker was allocated two (2) minutes to address the Board. The remaining speakers were allocated one (1) minute each.
Speaker: Casey Lee
Topic: Promise Academy
Speaker: Julie Cheykim
Topic: Promise Academy
Speaker: Yolanda Bernal Samano
Topic: Promise Academy
Speaker: Samantha Hanlon
Topic: Promise Academy
Speaker: Tanida Plamintr
Topic: Promise Academy
Speaker: Julia Steward
Topic: Promise Academy
Speaker: Adelita Gomez
Topic: Promise Academy
Speaker: Silvia Mahan
Topic: Promise Academy
Public comments closed at 6:41 PM.
Public comments are located at 2:28 - 38:32 on the 08.08.19 Regular Session Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
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Public Engagement Officer Ben Spielberg and Public Information Officer Lili Smith provided an update to the Board in regard to communications planned for the 2019-2020 school year.
Following the presentation Public Information Officer Lili Smith and Public Engagement Officer Ben Spielberg responded to Board Member comments and questions which included whether communications are provided in languages other than English and if there are any plans to provide newsletters electronically.
Board President Kimberly Meek paused to introduce new Student Board Member Luiza Albuquerque. She invited her to join in the discussion at any point during the Board Meeting.
The update on communications planned for the 2019-2020 school year is located at 38:37 - 47:33 on the 08.08.19 Regular Session Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
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Board members may report on visits to schools, conferences and meetings attended and items of interest to the public.
Kimberly Meek, President
Teresa Castellanos, Vice President
Carla Collins, Member
José Magaña, Member
Brian Wheatley, Member
Luiza Albuquerque, Student Board Member
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Trustee Brian Wheatley read an article about the ICE raids at food processing plants in Mississippi and the impact on school children. He extended appreciation for the school and district personnel in the area around Jackson, Mississippi for doing what is best for kids.
Trustee Carla Collins invited everyone to attend the National Women's Equality Day on August 26th at 10:30 AM at the Martin Luther King Library. The event is a kick off to the 100th anniversary of the passage of the 19th Amendment. She announced that she is looking forward to the River Glen welcome back party on Monday.
Trustee José Magaña welcomed everyone back. He reported that he met with Assembly Member Evan Low last week to advocate for funding for schools. He announced that tomorrow he will be taking the opportunity to moderate a discussion on healthy communities and healthy schools at the Silicon Valley Leadership Group Education Summit.
Board Vice President Teresa Castellanos commented in regard to the incidents that happened in Mississippi saying, "The most important thing we can do in our schools is build community."
Board President Kimberly Meek extended thanks to the Superintendent's Cabinet and all of the staff who welcomed the new teacher hires at the New Teacher Orientation Day. In regard to the Strategic Planning Day, she acknowledged the alignment with the goals of the Board and expressed appreciation for the work staff has done in particular to the achievement of students and the progress that has been made this past year.
Student Board Member Luiza Albuquerque thanked the Board for the opportunity to serve with them and to represent her peers. She reported on the work being done to get the Pioneer High School Wellness Center up and running.
Announcements and Reports by the Board of Education and Student Board Member are located at 47:45 - 55:38 on the 08.08.19 Regular Session Board Meeting 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 Nancy Albarrán extended thanks to the principals and staff at Lenzen for working to fill all of the positions in preparation for the start of school. She gave a brief report on the Strategic Plan Day that was held last week where administrators received information about progress monitoring and participated in a discussion about expectations, working collaboratively and supporting the classrooms. She announced that she had an opportunity to talk with the new teachers and that she is looking forward to a great school year.
Assistant Superintendent J. Dominic Bejarano provided an update on the goal to have qualified teachers in all District classrooms at the beginning of the year.
Associate Superintendent Jodi Lax reported on the therapeutic crisis training session that Anne Darling and Empire Gardens staff participated in today.
Deputy Superintendent Stephen McMahon had no report.
Announcements and Reports by the Superintendent and Executive Staff are located at 55:40 - 59:42 on the 08.08.19 Regular Session Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
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To approve the minutes of the Regular Session Meeting held June 27, 2019. Passed with a motion by Teresa Castellanos and a second by Carla Collins. |
Yes Teresa Castellanos.
Yes Carla Collins.
Yes Jose Magana.
Yes Kimberly Meek.
Yes Brian Wheatley.
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Minutes of June 27, 2019 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. Passed with a motion by Brian Wheatley and a second by Carla Collins. |
Yes Teresa Castellanos.
Yes Carla Collins.
Yes Jose Magana.
Yes Kimberly Meek.
Yes Brian Wheatley.
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Two individuals submitted requests to make public comments in regard to consent calendar items M.12 and M.21. Each speaker was allocated two (2) minutes to address the Board.
Speaker: Sue Pavlik
Topic: Against Item M.12 - Blanket P.O. for transportation (red speaker card submitted)
Speaker: Kristen Brown
Topic: For Item M.21 with concern - NPS/NPA overly reliant (green speaker card submitted)
Consent Calendar Items M.1 through M.27 were approved.
The approval of the Consent Calendar is located at 59:59 - 1:04:37 on the 08.08.19 Regular Session Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio
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RECOMMENDATION: That the Board of Education approve the Management Personnel Actions as specified.
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Approved by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
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Management Personnel Actions 08.08.19
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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 08.08.19
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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 08.08.19
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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 Agreements 08.08.19
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RECOMMENDATION: That the Board of Education approve the Memorandum of Understanding (MOU) between the City of San José and the San José Unified School District regarding police services on school campuses.
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| This Memorandum of Understanding (MOU) establishes principles and guidelines governing the relationship between the City and the District regarding the provision of SJPD law enforcement on District middle and high school campuses.
Prepared by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
Approved by
Nancy Albarrán
Superintendent
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MOU - City of San José and San José Unified School District
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RECOMMENDATION: That the Board of Education approve the Short-term Limited Services Agreements with San José Police Officers for Campus Police Patrol and Police Coordinators in the total amount of $1,385,582.63 to provide campus security during the 2019-20 school year.
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Unrestricted General [Fund 031] |
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TIIG [Fund 061] |
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| Police Officers will be used at middle and high schools for security purposes on campus. The hourly rate for Campus Police Patrol II is $55.00. Seven (7) Police Coordinators are paid at the supervisory rate. A list of police officers and their salaries are available for review. There are forty six (46) contracts for a total amount of $1,385,582.63.
Prepared by
Salvador Lopez
Chief of Police
Approved by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
Approved by
Nancy Albarrán
Superintendent
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Unrestricted General [Fund 031]
TIIG [Fund 061]
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San José Police Officers - Campus Police Patrol/Coordinators
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RECOMMENDATION: That the Board of Education approve the request to waive California Code of Regulations, Title 5, Section 80054, the requirement that California prepared candidates for the Preliminary Administrative Services Credential (PASC) or Certificate of Eligibility (CE) must provide verification of five years of full-time teaching and/or services experience to qualify for an initial PASC or CE, to allow San José Unified School District to employ Claudia Saavedra in an administrative managerial position.
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The Commission on Teacher Credentialing recognizes that it may be difficult to recruit a suitable candidate for an administrative position who has the required five years of experience. Therefore, California public school employers may elect to request a waiver of up to two years of the required experience for the issuance of the PASC for candidates who complete Commission-approved Preliminary Administrative Services programs, hold appropriate clear or life prerequisite credentials, and have been offered employment in administrative positions. The six required criteria adopted by the Commission for applying to waive up to two years of experience are included in the attached coded correspondence from the Commission on Teacher Credentialing.
Approved by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
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CTC Coded Correspondence 13-08
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RECOMMENDATION: That the Board of Education approve the Social Work Field Placement Agreement between California State University East Bay and San José Unified School District to provide field experiences in District schools to university students from July 1, 2019 through June 30, 2024.
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| San José Unified will collaborate with California State University, East Bay in establishing a school social work internship program. School social work interns will not only provide direct services to children who require basic needs or exhibit challenging behavior, but also lead prevention efforts that support children through building the capacity of family members, other school staff and community agencies to improve student outcomes. These services will include therapeutic support, group support, home visits and assisting families to connect with community-based organizations that provide resources in the family's area of need.
Approved by
Jacqueline Murphy
Director, Human Resources
Approved by
J. Dominic Bejarano
Assistant Superintendent, Administrative Services
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MOU Cal State East Bay
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RECOMMENDATION: That the Board of Education approve a Memorandum of Understanding (MOU) with Santa Clara University to provide teaching experiences through practice teaching from July 1, 2019 to June 30, 2022.
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Student teachers are placed with pre-selected San José Unified mentors who receive a stipend of $1,700 for each semester that they coach and mentor a student teacher. The District participates and partners with neighboring institutes of higher education to recruit and select the most promising teacher candidates.
Prepared by
Jacqueline Murphy, Director
Human Resources
Approved by
J. Dominic Bejarano, Assistant Superintendent
Administrative Services
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MOU - SCU Student Teacher
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RECOMMENDATION: That the Board of Education authorize the list of specified school personnel to make expenditures of student body funds within the policies and regulations established by Education Code 42632 and the San José Unified School District for fiscal year 2019-20.
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As Education Code 42632 places the responsibility for the expenditures of all funds, including student body funds, on the Board of Education; it is necessary that the Board of Education designate persons who are authorized to make these expenditures.
Prepared by
Arthur Cuffy, Director
Fiscal ServicesApproved by
Stephen McMahon
Deputy Superintendent
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ASB Signers 2019-20
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RECOMMENDATION: That the Board of Education authorize the issuance of Blanket Purchase Orders as needed for transportation services to be provided by the service providers specified in the attached list.
Budget Source: Transportation [Fund 032]
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| Daily transportation and field trips for Regular Education and Special Education students requires blanket purchase orders with multiple service providers to ensure adequate resources are available to provide transportation when needed. In keeping with Board Policy 3312, service contracts exceeding $25,000 shall be authorized by the Board and while many of the per-occurrence services provided under these purchase orders throughout the fiscal year would not exceed this threshold, the aggregate annual expenditures may, necessitating the request for Board authorization.
Prepared by
Corrin Reynolds, Manager
Transportation and Fleet Services
Reviewed by
Jill Case, Director
Student Operational Services
Approved by
Stephen McMahon
Deputy Superintendent
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Transportation [Fund 032]
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Authorization List - Transportation Service Providers
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RECOMMENDATION: That the Board of Education approve a five (5) year Service Agreement with Presidio Networked Solutions Group, Inc. in the amount of $696,780 to provide service & licensing for the district's phone systems, WebEx, and associated messaging programs during the 2019-20 through 2024-25 school years.
Budget Source: Unrestricted General [Fund 031]
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| This five-year agreement with Presidio Network Solutions allows San José Unified School District to transition from the existing Cisco support contract (SWSS) to a Flex Education plan. This agreement encompasses: licenses for all current district phones with room for future growth, WebEx Teams, conferencing and messaging, and software support for these services. Annual payments will be made in the amount of $139,356.
With this new agreement, the last year of our current agreement with Presidio Networked Solutions is being cancelled and SJUSD is being issued a credit for those services.
Prepared by
Patrick Scanlan, Manager
Technology & Data Services
Approved by
Stephen McMahon
Deputy Superintendent
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Unrestricted General [Fund 031]
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Service Agreement - Presidio Networked Solutions Group, Inc.
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RECOMMENDATION: That the Board of Education ratify a three-year contract with Moss Adams LLP in an amount not to exceed $77,993 to provide Measure H independent performance audit services.
Budget Source: Measure H [Fund 215]
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| Moss Adams LLP will provide Measure H annual performance audits as required by California Proposition 39. The performance audits will address implementation of appropriate construction bond program controls. The performance audits will also include detailed analysis of project planning and performance control with reviews of prudent construction bond spending. Annual audits will be limited to sampling and testing monies in Measure H to determine if the use is consistent with the stated Measure H purposes. This agreement will be for 3 years with an option to extend in one year increments for two additional years.
Moss Adams LLP is highly reputable and has performed annual performance audits for SJUSD for a number of years to a high level of performance and satisfaction of the District.
The Board approved a delegation of authority for such contracts at its June 27, 2019 meeting, item M.63.
Prepared by
Veronica C. Lara, Manager
Internal Audit
Approved by
Stephen McMahon
Deputy Superintendent
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Measure H [Fund 215]
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Contract - Moss Adams LLP - Audit Services
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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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Field Trips 08.08.19
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| RECOMMENDATION: That the Board of Education ratify the Service Agreement with Schmahl Science Workshops in the amount of $38,250 to provide science lab activities at Graystone Elementary School during the 2019-20 school year.
Budget Source: Fundraiser [Fund 061]
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| Schmahl Science will provide 50-minute, grade level, science lab activities on site for students in kindergarten through fifth grade at Graystone Elementary School during the 2019-20 school year. Delegation of the power to contract was provided on June 27, 2019, item M.63.
Prepared by
Amy Shumway, Principal
Graystone Elementary School
Approved by
Jodi Lax, Associate Superintendent
Instruction
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Fundraiser [Fund 061]
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Service Agreement - Schmahl Science Workshops
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RECOMMENDATION: That the Board of Education ratify the Service Agreement with CollegeSpring in an amount not to exceed $57,000 to provide SAT preparation curriculum and professional development to SJUSD staff from September 1, 2019 through June 1, 2020.
Budget Source: Site Supplemental [Fund 061]
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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 380 students (85 at Gunderson, 90 at Leland, 120 at Pioneer, and 85 at Willow Glen High) will participate in this program beginning September 2019. The SAT Prep classes will be 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.
Delegation of the power to contract was provided on June 27, 2019, item M.63.
Prepared by
Deepa Mukherjee, Director
Secondary Curriculum, Instruction & EL Services
Approved by
Jodi Lax, Associate Superintendent
Instruction
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| Site Supplemental [Fund 061]
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Service Agreement - CollegeSpring
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RECOMMENDATION: That the Board of Education approve a Memorandum of Understanding with FlexTech Alliance, Inc. for the implementation of the NextFlex high school program, FlexFactor at a cost of $10,000 per site during the 2018-19 academic year.
Budget Source: Career Technical Education Incentive [Fund 061]
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| The project-based FlexFactor program is designed to provide students in grades 9-12 with hands on experience in entrepreneurship and technology, and supports education and post-secondary pathways for students in technology and advanced manufacturing. Students participate in presentations, industry engagement events, and learn from technology professionals through lectures and community college courses. As a culminating activity, students pitch a team created product to a panel of industry professionals.
Prepared by
Deepa Mukherjee, Director
Secondary Curriculum & Instruction
Approved by
Jodi Lax, Associate Superintendent
Instruction
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RECOMMENDATION: That the Board of Education approve a Service Agreement with Northwest Evaluation Association (NWEA) in an amount not to exceed $505,920 to provide 21,080 MAP Growth licenses per year for single subject Math and Spanish Math between August 14, 2019 through June 30, 2022.
| Budget Source: |
State Lottery [Fund 061] |
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Unrestricted General [Fund 031] |
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| NWEA’s MAP (Measures of Academic Progress) Assessment is aligned with Common Core State Standards and is available in English and Spanish. It will serve as a progress monitoring tool for grades 3-8, Algebra I, Geometry, Algebra II, and Accelerated Algebra II. Data will be used to identify areas of strengths and opportunities to improve or adjust instruction. This assessment will be administered three to four times per year.
Prepared by
Deepa Mukherjee, Director
Secondary Curriculum & Instruction
Prepared by
Rachel Powell, Director
Curriculum, Instruction and EL Services PreK-5
Approved by
Jodi Lax, Associate Superintendent
Instruction
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State Lottery [Fund 061]
Unrestricted General [Fund 031]
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Service Agreement - Northwest Evaluation Association (NWEA)
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| RECOMMENDATION: That the Board of Education approve a Service Agreement with Planned Parenthood Mar Monte in an amount not to exceed $75,000 to deliver 8 hours of instruction to 8th and 9th grade students in Sexual Health and HIV/AIDS during the 2019-20 school year.
Budget Source: State Lottery [Fund 061]
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| Effective January 1, 2016, two bills relating to sexual health and HIV/AIDS prevention education took effect, which require school districts to review their existing curriculum and instruction for compliance. Assembly Bill 329 and Senate Bill 695 together modify, amend and replace prior law regarding sexual health and HIV prevention education, renaming the law to the California Healthy Youth Act (ACT).
Planned Parenthood is one of the outside providers that has been recommended by the Santa Clara County Office of Education and the State Department of Education. Their curriculum is aligned with the ACT, requiring school districts to ensure that all pupils in grades 7-12th grade, inclusive, receive comprehensive sexual health education and HIV prevention education. Various high schools in SJUSD have used Planned Parenthood in the past to deliver the required Sexual Health/HIV/AIDS curriculum to students.
This contract will include the following:
- Eight-days of instruction for all 8th and 9th grade students
- Instruction in Spanish for students new to the country
- A modified four-day presentation for students with cognitive delays
- Six-hours of teacher training
- Parent night presentations
Prepared by
Deepa Mukherjee, Director
Secondary Curriculum & Instruction
Approved by
Jodi Lax, Associate Superintendent
Instruction
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| State Lottery [Fund 061]
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Service Agreement - Planned Parenthood Mar Monte
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| RECOMMENDATION: That the Board of Education approve a Master Contract with 101 Therapy Staffing, DBA The Stepping Stones Group Company in an amount not to exceed $1,225,000 for educational services provided to students during the 2019-20 school year.
Budget Source: Special Education [Fund 062]
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| The District contracts with 101 Therapy Staffing to provide state licensed special education teachers. These educators will provide services to students according to their Individual Education Plans (IEPs). Agency will provide services while teacher vacancies exist and as requested by the Special Education Director. Services to be provided through June 30, 2020 (per SJUSD calendar including ESY 2020).
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 - 101 Therapy Staffing
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| RECOMMENDATION: That the Board of Education ratify a bid award with BP-Pak, Inc., the responsible bidder submitting the lowest responsive bid meeting the specifications, in the amount of $748,888 to provide general construction services for the Exterior Improvements Project at Horace Mann Elementary School (Project Z0502).
See Attached Bid Tabulation Sheet
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| The District will be completing an Exterior Improvements Project at Horace Mann Elementary School in San José. In keeping with District policy and applicable law, this contract shall be let by formal public bid, per Public Contract Code section 20111. A Delegation of Authority was approved by the Board of Education on June 27, 2019. Prepared by
Amy Ruffo, Manager
Facilities, Construction and Purchasing
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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Bid Tabulation - Horace Mann Improvements Project Z0502
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RECOMMENDATION: That the Board of Education award a bid to Rodan Builders, Inc., the responsible bidder submitting the lowest responsive bid meeting the specifications, in the amount of $5,749,000, which includes alternate 1 to provide general construction services for the High School Theater Improvements at Pioneer HS, Lincoln HS, Gunderson HS, Leland HS and San José HS (Project 80035).
Budget Source: Measure H [Fund 215]
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| The District will be completing a Theater Improvements project at multiple sites. In keeping with District policy and applicable law this contract shall be let by formal public bid per Public Contract Code section 20111. See Attached Bid Tabulation Sheet
Prepared by
Amy Ruffo, Manager
Facilities, Construction and Purchasing
Reviewed by
Steve Adamo, Director
Facilities and Operations
Recommended for approval by
Stephen McMahon
Deputy Superintendent
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Measure H [Fund 215]
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Bid Tabulation - Rodan 3072CR Project 80035
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RECOMMENDATION: That the Board of Education ratify the three-year Lease Agreement with Canoas Preschool Academy to provide childcare services at Canoas Elementary from July 15, 2019 through June 30, 2022.
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| The District, by approving this Lease pursuant to section 17529 of the Education Code, does hereby determine that permitting Tenant to jointly use the Premises will not (1) interfere with the educational programs or activities of any school or class conducted on the school site, (2) unduly disrupt the residents in the surrounding neighborhood, or (3) jeopardize the safety of the children at the school site.
A Delegation of Authority was approved by the Board of Education on June 27, 2019. The term of this Lease shall be for three (3) years, commencing July 15, 2019 and expiring on June 30, 2022.
Prepared by
Amy Ruffo, Manager
Facilities, Construction and Purchasing
Reviewed by
Steve Adamo, Director
Operations, Facilities and Construction
Approved by
Stephen McMahon
Deputy Superintendent
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Lease Agreement - Canoas Academy Preschool
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RECOMMENDATION: That the Board of Education ratify the three-year Lease Agreement with South Valley Family YMCA to provide childcare services at Allen at Steinbeck, Booksin, Hacienda, Reed, Schallenberger and Simonds Elementary Schools from July 1, 2019 through June 30, 2022.
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The District, by approving this lease pursuant to section 17529 of the Education Code, does hereby determine that permitting tenant to jointly use the premises will not (1) interfere with the educational programs or activities of any school or class conducted on the school site, (2) unduly disrupt the residents in the surrounding neighborhood, or (3) jeopardize the safety of the children at the school site. On June 27, 2019 the Board of Education approved a Delegation of Authority M.63. Delegation of Power to Contract to execute contracts as necessary per the strategic plan. The term of this lease shall be for three (3) years, commencing July 1, 2019 and expiring on June 30, 2022. Prepared by
Amy Ruffo, Manager
Facilities, Construction and Purchasing
Reviewed by
Steve Adamo, Director
Operations, Facilities and Construction
Approved by
Stephen McMahon
Deputy Superintendent
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South Valley Lease Agreement 2019
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RECOMMENDATION: That the Board of Education delegate to the Superintendent or her designee the power to contract with Little Heroes, Rhythm & Moves, Inc., Starting Arts, Inc., Music for Minors, Recess 101, and Kriss Sunday Cummins for enrichment programs and professional development during the 2019-20 school year.
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| Per California Education Code 17604, the Board of Education may, by a majority of vote of the Board, delegate the power to contract to the Superintendent or her designee. This particular delegation of the power to contract will allow staff to complete these service agreements without delay. Any contract authorized by this delegation of the power to contract will come before the Board of Education for ratification at the next possible meeting of the Board. This delegation of the power to contract will continue for three months once approved.
Prepared by
Amy Ruffo, Manager
Facilities, Construction and Purchasing
Reviewed by
Steve Adamo, Director
Operations, Facilities and Construction
Approved by
Jodi Lax, Associate Superintendent
Instruction
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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, Construction and Purchasing
Reviewed by
Steve Adamo, Director
Facilities and Operations
Recommended for approval by
Stephen McMahon
Deputy Superintendent
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See Attached Ratification List
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Contract Ratification List - August 8, 2019
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To discuss items N.1 through N.6. Passed with a motion by Teresa Castellanos and a second by Brian Wheatley. |
Yes Teresa Castellanos.
Yes Carla Collins.
Yes Jose Magana.
Yes Kimberly Meek.
Yes Brian Wheatley.
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Board President Kimberly Meek requested a motion to discuss informational items N.1 through N.9 together.
Two individuals submitted requests to make public comments in regard to item N.6. New Administrative Regulation 5131.41 - Students - Use of Seclusion and Restraint.
Speaker: Kristen Brown
Topic: Prone should not be policy (against - red card submitted)
Speaker: Stacy Melton
Topic: Seclusion & Restraint Policy (For - green card submitted)
In regard to Item N.4 Amendment to Board Policy 1400 - Community Relations - Relations Between Other Governmental Agencies and the Schools, information was provided about the District's partnerships with organizations that provide support for the LGBTQ community and the County of Santa Clara, Office of LGBTQ Affairs.
In regard to Item N.6 New Administrative Regulation 5131.41 Students - Use of Seclusion and Restraint, Associate Superintendent Jodi Lax and Superintendent Nancy Albarrán provided clarification that the regulation follows current law and that there is a built-in accountability system in the formal reporting structure that is in place.
Discussion of informational items N.1 through N.9 is located at 1:04:40 - 1:10:54 on the 08.08.19 Regular Session Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio
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INFORMATIONAL: That that Board of Education review and consider the deletion of Board Policy 0460 - Students - Comprehensive School Health System and vote to delete the policy as currently titled at the August 22, 2019 meeting.
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| The Board is being asked to delete the currently titled Board Policy 0460 - Students - Comprehensive School Health System as student health is addressed in AR 5141.6.
Prepared by
Jodi Lax, Associate Superintendent
Instruction
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BP 0460 - Comprehensive School Health System
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INFORMATIONAL: That the Board of Education review and consider the proposed new Board Policy 0460 - Local Control and Accountability Plan and vote to approve the policy at the August 22, 2019 Board Meeting.
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| Policy reflects the requirement to develop a local control and accountability plan and an update on or before July 1 of each year. Policy addresses the importance of comprehensive data-driven planning. Prepared by
Jodi Lax, Associate Superintendent
Instruction
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BP 0460 - Local Control and Accountability Plan
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INFORMATIONAL: That the Board of Education review and consider deleting in its entirety Administrative Regulation 1020 - Community Relations - Youth Services at the Board of Education's next regularly scheduled meeting on August 22, 2019.
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| Policy deleted and key concepts have been moved to BP 1400 - Relations Between Other Governmental Agencies and the Schools.
Prepared by
Jodi Lax, Associate Superintendent
Instruction
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BP 1020 - Youth Services
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INFORMATIONAL: That that Board of Education review and consider the proposed amendment to Board Policy 1400 - Community Relations - Relations Between Other Governmental Agencies and the Schools and vote to approve the revised policy at the August 22, 2019 meeting.
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| Policy updated to describe the collaborative relationship with government and public agencies to provide student and family services.
Prepared by
Jodi Lax, Associate Superintendent
Instruction
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BP 1400 - Relations Between Other Governmental Agencies and the Schools
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INFORMATIONAL: That that Board of Education review and consider the proposed amendments to Board Policy and Administrative Regulation 5131.4 - Students - Campus Disturbances and vote to approve the revised policy and regulation and their updated titles, Student Disturbances, at the August 22, 2019 meeting.
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| Policy updated to reflect current law and EdCode. The update is written with a stronger focus on positive climate and clearly describes prohibited activities.
Prepared by
Jodi Lax, Associate Superintendent
Instruction
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AR 5131.4 - Student Disturbances
BP 5131.4 - Student Disturbances
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INFORMATIONAL: That the Board of Education review and consider the proposed new Administrative Regulation 5131.41 – Students – Use of Seclusion and Restraint and vote to approve the regulation at the August 22, 2019 Board Meeting.
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| New regulation reflects new law (AB 2657) which prohibits seclusion and behavioral restraint of students as a means of discipline, and provides that seclusion and restraint may be used only to control behavior that poses a clear and present danger of serious physical harm to student or others if that behavior cannot be immediately prevented by a less restrictive response. Regulation specifies the conditions for such use, reporting requirements, and a list of seclusion and behavioral techniques that are always prohibited.
Prepared by
Jodi Lax, Associate Superintendent
Instruction
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AR 5131.41 - Use of Seclusion and Restraint
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INFORMATIONAL: That that Board of Education review and consider the proposed amendments to Board Policy and Administrative Regulation 5144 - Students - Discipline and vote to approve the revised policy and regulation at the August 22, 2019 meeting.
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| Policy updated to reflect new law (AB 2657) which prohibits seclusion and behavioral restraint of students as a means of discipline, and to encourage staff development regarding equitable implementation of discipline. Regulation updated to revise section on “Detention After School” to more directly reflect state regulations and delete a specific timeline for advance notice to parents/guardians of a student’s detention.
Prepared by
Jodi Lax, Associate Superintendent
Instruction
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AR 5144 - Discipline
BP 5144 - Discipline
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INFORMATIONAL: That that Board of Education review and consider the proposed amendment to Administrative Regulation 6159.4 - Instruction - Behavioral Interventions For Special Education Students and vote to approve the revised regulation and its updated title, Behavioral Interventions for Students with Disabilities, at the August 22, 2019 meeting.
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| Regulation updated to reflect current law which, in effect, repeals specified state regulations pertaining to behavioral interventions for special education students, deletes the requirement for a “behavioral intervention plan” when a student with a disability exhibits a “serious behavioral problem” that significantly interferes with the implementation of the goals and objectives of his/her individualized education program, and instead requires the district to address any student behavior that impedes the student’s own learning or the learning of other students.
Prepared by
Jodi Lax, Associate Superintendent
Instruction
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AR 6159.4 - Behavioral Interventions for Students with Disabilities
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INFORMATIONAL: That that Board of Education review and consider the proposed amendment to Administrative Regulation 6183 - Instruction - Home and Hospital Instruction and vote to approve the revised regulation at the August 22, 2019 meeting.
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| Regulation reorganized and updated to reflect new law (AB 2109) which expands the parental notification to include information regarding student eligibility for individual instruction and the duration of such instruction. Requires that individual instruction in a student’s home begin within five days of determining a student’s eligibility, provides that students receiving individual instruction in a hospital for a partial week are eligible to attend school on days that they are not at the hospital, and provides that the absences of a temporarily disabled student must be excused until the student is able to return to the regular school program.
Prepared by
Jodi Lax, Associate Superintendent
Instruction
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AR 6183 - Home and Hospital Instruction
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RECOMMENDATION: That the Board of Education re-appoint the following members to a two-year term on the Citizens' Bond Oversight Committee, with the two-year term commencing on July 1, 2019 and ending on June 30, 2021.
| Name |
Category |
Trustee Area |
| Pratap Banthia |
At Large |
5 |
| Mary Ann Burke |
Senior Organization |
5 |
| Jill Kieslich |
Parent/PTA |
3 |
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That the Board of Education re-appoint the following members to a two-year term on the Citizens' Bond Oversight Committee, with the two-year term commencing on July 1, 2019 and ending on June 30, 2021.
| Name |
Category |
Trustee Area |
| Pratap Banthia |
At Large |
5 |
| Mary Ann Burke |
Senior Organization |
5 |
| Jill Kieslich |
Parent/PTA |
3 |
Passed with a motion by Teresa Castellanos and a second by Jose Magana. |
Yes Teresa Castellanos.
Yes Carla Collins.
Yes Jose Magana.
Yes Kimberly Meek.
Yes Brian Wheatley.
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| accordance with Proposition 39, the District is required to have a Citizens' Bond Oversight Committee for Measure H proceeds. The committee is to have a representative from each of the following categories: 1) parent of a SJUSD student, 2) parent and active in PTA, 3) member of a taxpayers association, 4) member of a senior citizens organization and 5) business organization. Candidates for the CBOC must live within SJUSD boundaries, may not be SJUSD employees and may not be doing business with SJUSD.
The three individuals recommended for re-appointment as members of the committee are current committee members reapplying for another term. There is one new applicant for the committee at this time. The District will continue to seek additional members for this committee.
Prepared by
Lili Smith
Public Information Officer
Approved by
Stephen McMahon
Deputy Superintendent
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Deputy Superintendent Stephen McMahon responded to a Board Member question in regard to additional seats to be filled on the Citizens' Bond Oversight Committee.
Discussion of Item N.10 Reappointment of Members to Citizens' Bond Oversight Committee is located at 1:10:55 - 1:12:08 on the 08.08.19 Regular Session Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
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RECOMMENDATION: That the Board of Education appoint the following new member to the Citizens' Bond Oversight Committee for a two-year term commencing immediately and ending on June 30, 2021.
| Name |
Category |
Trustee Area |
| Michael Melillo |
Parent/PTA |
4 |
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That the Board of Education appoint the following new member to the Citizens' Bond Oversight Committee for a two-year term commencing immediately and ending on June 30, 2021.
| Name |
Category |
Trustee Area |
| Michael Melillo |
Parent/PTA |
4 |
Passed with a motion by Teresa Castellanos and a second by Jose Magana. |
Yes Teresa Castellanos.
Yes Carla Collins.
Yes Jose Magana.
Yes Kimberly Meek.
Yes Brian Wheatley.
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| In accordance with Proposition 39, the District is required to have a Citizens' Bond Oversight Committee for Measure H proceeds. The committee is to have a representative from each of the following categories: 1) parent of a SJUSD student, 2) parent and active in PTA, 3) member of a taxpayers association, 4) member of a senior citizens organization and 5) business organization. Candidates for the CBOC must live within SJUSD boundaries, may not be SJUSD employees and may not be doing business with SJUSD.
This recommendation is for a new applicant.
Prepared by
Lili Smith
Public Information Officer
Approved by
Stephen McMahon
Deputy Superintendent
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Superintendent Nancy Albarrán and the Board Members expressed appreciation to Michael Melillo for his willingness to serve on the committee.
Discussion of Item N.11 Appointment of New Member to Citizens' Bond Oversight Committee is located at 1:12:09 - 1:13:28 on the 08.08.19 Regular Session Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio |
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INFORMATIONAL: That the Board of Education review and consider the 2019-2021 Dual Enrollment Partnership Agreement known as the College and Career Access Pathway Partnership (CCAP) Agreement between San José Unified School District and the San José Evergreen Community College District creating opportunities to offer dual enrollment classes on all high school campuses and approve the agreement at the August 22, 2019 Board meeting.
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| The mission of the San José/Evergreen Community College District includes providing educational programs and services that are responsive to the needs of the students and communities within the San José Evergreen Community College District.
SJECCD and SJUSD desire to enter into this CCAP Agreement for the purpose of offering or expanding dual enrollment opportunities on all high school campuses, consistent with the provisions of AB 288, for high school students “who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness” and “underachieving students, those from groups underrepresented in post-secondary education, those who are seeking advanced studies while in high school, and those seeking a career technical education credential or certificate."
Students who complete college credit while enrolled in high school are more likely to earn high school diplomas, to enroll in community colleges and four-year colleges, to attend post-secondary education on a full-time basis, and to complete degrees in those institutions than students without these experiences.
Prepared by
Deepa Mukherjee, Director
Secondary Curriculum, Instruction & EL Services
Approved by
Jodi Lax, Associate Superintendent
Instruction
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| This item is informational. There was no discussion. |
Dual Enrollment Partnership Agreement 2019-2021
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Following the hearing in Closed Session, the Board will now take action on the request for postponement of the expulsion hearing.
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Vote on the Postponement of Hearing for Student Expulsion Case 2018-19-026:
Yes Teresa Castellanos
Yes Carla Collins
Yes José Magaña
Yes Kimberly Meek
Yes Brian Wheatley |
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Superintendent Nancy Albarrán gave the closed session report. During closed session the Board discussed a request for postponement of the hearing on Student Expulsion Case Number 2018-19-026.
The Board discussed and authorized moving forward with personnel items by a vote of 5:0.
Yes Teresa Castellanos
Yes Carla Collins
Yes José Magaña
Yes Kimberly Meek
Yes Brian Wheatley
The Board held a conference with legal counsel on existing litigation OAH Case Numbers 2019040666, 2019050575 and 2019050641. They also discussed the Court of Appeal of California, Third Appellate District Case No. C087996, Superior Court of California, County of Santa Clara Case No. 18CV325491 and Case No. 18CV340197.
The Board denied a liability claim by Samson Atienza by a vote of 5:0.
Yes Teresa Castellanos
Yes Carla Collins
Yes José Magaña
Yes Kimberly Meek
Yes Brian Wheatley
The Board held a conference with labor negotiators and the Board discussed and finalized the Superintendent's evaluation.
The Closed Session Report is located at 1:13:59 - 1:15:05 on the 08.08.19 Regular Session Board Meeting Recording. https://sjusd.app.box.com/v/boardmeetingaudio
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To adjourn. Passed with a motion by Teresa Castellanos and a second by Jose Magana. |
Yes Teresa Castellanos.
Yes Carla Collins.
Yes Jose Magana.
Yes Kimberly Meek.
Yes Brian Wheatley.
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| The meeting adjourned at 7:25 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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| Present | Teresa Castellanos |
| Present | Carla Collins |
| Present | Jose Magana |
| Present | Kimberly Meek |
| Present | Brian Wheatley |
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