Pupil Personnel Matters/Advice From Legal Counsel – Existing and Anticipated Litigation (Disclosure of Case Name Would Jeopardize Potential Settlement Negotiations)/Real Property/Liability Claims/Public Employee Appointments – Discipline – Dismissal – Release/Employer-Employee Relations-Negotiations

Executive Director of Administrative Services Karl Zener will present a Slide presentation on 2020 Summer School.

The Fullerton Joint Union High School District (District) has provided a comprehensive summer school program since 1984.  The summer school programs have been successful and have met the intent of District objectives.

It is proposed that the District implement a summer school program for 2021 that will consist of two three-week sessions at comprehensive District Schools commencing on June 1, 2021, and ending July 8, 2021; La Vista/La Sierra High Schools will consist of one four-week session commencing on June 1, 2021, and ending on June 24, 2021 and one two-week session commencing on June 28, 2021, and ending on July 8, 2021.  iSierra will consist of one six-week session commencing on June 1, 2021 and ending on July 8, 2021.  The 20-day special education extended year will begin on June 1, 2021, and end on July 6, 2021. All classes will be conducted four days per week, five hours per day, Monday through Thursday, at all schools.

Course offerings are contingent upon the number of students registering and attending. Students at all District high schools will have an opportunity to take courses from a list of offerings that include English/language arts, science, history/social science, mathematics, and selected electives. Students will also have the option of taking courses sponsored by the North Orange County Regional Occupational Program, if available, or other elective courses for which sufficient student enrollment is generated. In addition, the District will continue to provide the mandated programs for special education and non-graduating seniors. Based on the experience of the past several years, student enrollment is expected to be similar to past years’ enrollment with one exception. As a result of the COVID -19 pandemic, special attention has been focused on the District's D/F rate. Due to the increase in the District's D/F rate, more students may need to take summer school this year. Courses will be available at each of the six comprehensive high schools, iSierra and La Vista and La Sierra High Schools. The District will utilize both general and supplemental LCAP funds.

It is recommended that the proposed summer school program for 2021 be approved, and that the Superintendent or designee be authorized to execute the necessary documents.

District school sites are often required to execute contracts for goods and services, and the use of facilities. A contract is a legally binding document that must be carefully reviewed prior to execution. All contracts relating to school sites must be in accord with District Board Policies and Administrative Regulations regarding the staff member designated to execute and/or sign contracts, and must be approved by the Board of Trustees (Education Code Sections 42630 – 42632).

Any document requiring one party to do any specific action and receive consideration of any kind in return is considered a contract. Contracts may be called many things, including agreements, letters, memorandum of understanding, and grants. A contract may be for a single event or for events that repeat throughout the school year. A contract sets forth an obligation for payment of goods and services. A contract might also guarantee payment to the school site for allowing access or advertisement. 

In an effort to provide proper disclosure and transparency to the public, as well as to comply with Education Code Section 42630, District staff members will bring these contracts before the Board for consideration and approval.

District school sites are considered part of the District entity; therefore, Business Services staff members have the same responsibility and authority over school site contracts as with any District contract. For this reason and because of the complexities of contract law, school site contracts must be reviewed by Business Services staff members before contracts are signed by the appropriate staff member. This would include:

• A review from Risk Management for potential liability and indemnity from contracts.

• A review from the Purchasing Department to ensure that terms are clearly stated and understood.

• A review from Business Services to ensure that financial considerations are clear and have been fully factored into the decision.

• When necessary, contacting District legal counsel for advice and guidance.

It is recommended that the agreements on behalf of District schools with various vendors for the purchase of goods and services (EC 2020/21 #177) be approved/ratified and that the Superintendent or designee be authorized to execute the necessary documents.

Background

Government Code Section 53060 provides that legislative bodies may contract with outside individuals and/or firms to furnish special services and advice in “financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced…” Even though professional services are typically selected through a competitive process, a district is not limited or restricted to selecting the lowest cost firm. A district may select the firm or firms that, in its opinion, demonstrate the best level of experience, qualifications, competence, and value to cost.

Current Considerations

Everett Dorey LLP is a full service legal firm that will provide legal services on an as needed basis as requested by the District. Everett Dorey LLP may also subcontract work to outside consultants, experts, investigators, co-counsel, or other professionals as needed. The extension of this contract will allow the District to finalize payment of services completed in the 2020/21 school year.

The costs for Everett Dorey LLP’s services for the 2020/21 school year is estimated to not exceed $15,000. A copy of the agreement is attached for Board Members’ consideration and approval.

The fiscal impact of this agreement will depend on the actual services provided during the 2020/21 school year.  Funding for services will come from the program being supported by the provided services.

Financial Impact: $15,000 (not to exceed)

Background

Utilization of a Piggyback or Master Contracts.  The District requires technology equipment throughout the course of the school year and has purchased equipment from DI Technology Group Inc. over several school years. As the needs of the District increase, it is necessary to have a competitively bid agreement in place as the need for technology equipment will surpass the current bid threshold.

Current Considerations

The Board originally approved the NASPO ValuePoint Master Agreement MNNVP – 133 on February 20, 2018 with two extension amendments.  This agenda item seeks approval of a third extension amendment with DI Technology Group Inc., dba Data Impressions for the purchase of Hewlett-Packard Company desktop, laptop, and tablet computer and technology equipment.

1.            NASPO ValuePoint Cooperative Purchasing Program

                Computer Equipment Master Agreement 

                Minnesota Master Agreement No. MNNVP-133

2.            California Participating Addendum No. 7-15-70-34-001

                Hewlett-Packard Company (Contractor)

                DI Technology Group, Inc., dba Data Impressions

3.            Amendment No. 3 to Contract No. MNNVP-133

                Amendment Term: March 31, 2020 – July 31, 2021

The master agreement and allowable extensions allow the District to purchase competitively bid computer and technology equipment under the same terms and conditions as the master agreements without going out to separate bid.

Upon acceptance and approval of the master agreement and amendment extension with DI Technology Group, Inc., dba Data Impressions by the Board of Trustees, the District will execute the necessary authorization and issue the requisite purchase order(s).

The cost of the master agreement with DI Technology Group, Inc., dba Data Impressions for the purchase of Hewlett-Packard Company desktop, laptop, and tablet computer and technology equipment estimates at a not to exceed amount of $400,000 annually, as the District installs and replaces various technologies throughout District sites. Costs associated with this agreement will be paid out of various funding sources depending on the type of expenditure. Actual costs under this agreement will depend upon the quantity of products ordered.        

A summary of relevant contract information provided below:

Estimated Cost of Agreement: Not to exceed $400,000 annually

Funding Source: Various

It is recommended that an agreement with DI Technology Group, Inc., dba Data Impressions for the purchase of Hewlett-Packard Company desktop, laptop, and tablet computer and technology equipment via NASPO ValuePoint Master Agreement MNNVP – 133 (EC 2020/21 #180) be approved, and the Superintendent or designee be authorized to execute the necessary documents.

Background

Board Policy 3842.2 and Education Code Section 17545 et seq., provide the framework for school districts to dispose of personal property such as furniture, equipment, computers, vehicles, library books (not textbooks), etc. Determination of obsolescence and disposal of textbooks and instructional materials is handled separately and is addressed in Education Code Section 60500 et seq.

Education Code Section 17546 provides that if the governing board, by a unanimous vote of those members present, finds that the property, whether one or more items, does not exceed in value the sum of two thousand five hundred dollars ($2,500), the items may be sold at private sale without advertising. If the Board of Trustees finds that the property is of insufficient value to defray the costs of arranging a sale, the property may be either donated to a charitable organization deemed appropriate by the Board, or it may be disposed of in the local public dump. In the case of electronic and computer equipment, such equipment will be disposed of via an e-waste recycler.

Current Consideration

Attached is a list of technology equipment that is obsolete and/or not worth repairing and is recommended for disposal in accordance with Education Code Section 17546 as outlined above. Because the items have an individual value of less than $2,500, District staff members will be able to sell/dispose of these items without conducting a formal public auction. Once declared obsolete by the Board of Trustees, these items will be removed from the District’s inventory record and sold/disposed of properly.

It is recommended that the Board of Trustees approve the sale/disposal of surplus District personal property identified on the attached list, and authorize District staff members to dispose of the obsolete items in accordance with Education Code Section 17546.

In accordance with the law, Purchase Order Report 2020/21 #8 is recommended for approval. The report lists all purchase orders issued January 4, 2021 through January 31, 2021.

In accordance with the law, Warrant Listing Report 2020/21 #8 is recommended for approval.  The report includes all warrants issued January 4, 2021, through January 31, 2021.

The following gifts were donated to the District:

Wonderful Nurseries donated 20 grape vines in support of the Agricultural Program at La Habra High School.

Fullerton Union High School PTSA donated $5,000 for the purchase of new equipment for the new gymnasium at FUHS.

The NEA Foundation awarded a grant in the amount of $4,500 to the FUHS BEAST Program in support of programs offered during the pandemic.

Fullerton Basketball Fast Break Club donated $600 for the purchase of a scorers table in support of the FUHS Basketball Program.

The Sonora Raiders Football Boosters donated office furniture in support of the SOHS football program.

Mr. Dereck San Miguel donated live Mozambique Tilapia in support of the Agricultural Program at Sunny Hills High School.

Brown Dog Ranch donated a yearling ewe in support of the Agricultural Program at Sunny Hills High School.

It is recommended that the gifts mentioned above, which have been donated to the Fullerton Joint Union High School District, be accepted and that a letter of appreciation be written to the donors.

The attached Employer-Employee Relations/Personnel Report 2020/21 #10, which includes hiring, resignations, contract adjustments, extension of Cabinet members’ contracts, and retirements for certificated and classified employees has been completed without irregularities and in compliance with the law, District policy, administrative regulations, rules, procedures, direction of the supervisor, and all information has been fully disclosed.

It is recommended that Employer-Employee Relations/Personnel Report 2020/21 #10, which includes hiring, resignations, contract adjustments, extension of Cabinet members’ contracts, and retirements for certificated and classified employees be ratified.

Human Resources staff members recently received an agreement from California State University, Chico for student teacher placement (EC 2021/22 #179). This agreement will be effective from January 12, 2021 and shall continue until June 30, 2026.

Student teaching agreements have previously been approved with Alliant International University; Azusa Pacific University; Biola University; Brandman University; Chapman University; Concordia University; California State Polytechnic, Pomona; California State University, Dominguez Hills; Emerson College; California State University, Fullerton, Secondary Education Placement; Grand Canyon University; California State University, Long Beach; California State Polytechnic University, Pomona; California State University, San Diego; Hope International University; Loma Linda University; National University; Northern Arizona University; Pepperdine University; Point Loma University; University of California, Irvine; University of La Verne; University of Phoenix; University of Redlands; University of Southern California; Vanguard University; and Whittier College.

It is recommended that an agreement with California State University, Chico for student teacher placement (EC 2021/22 #179) be ratified, and that the Superintendent or designee be authorized to execute the necessary documents.

Acellus Learning System will be offered as an online credit recovery course with direct teacher oversight and support. This comprehensive, standards-based, WASC accredited, online curriculum contains a variety of courses, which can be taught in one period as listed in a school’s master schedule to ensure continuity of instructional delivery.  These courses will be offered to students within special populations such as foster youth, special education, English language learners, and any other student who has been unable to pass core academic classes that lead to successful high school completion. Although, the primary focus will be seniors.  

The District will use Acellus to provide unit make-up credit with direct teacher oversight. Acellus courses are being offered to mitigate learning loss due to the Covid-19 pandemic. These courses are not a-g approved, nor are they NCAA approved. Because of this, students graduating with Acellus courses will need to begin their college careers at the community college rather than a four-year university. Students seeking to complete courses that are a-g and NCAA approved will continue to have access to APEX Learning Systems and/or regular courses offered on each campus. Each school site will assign Acellus online courses to students based on the need for credit recovery for graduation purposes.

The fee for Acellus Learning Systems to provide 250 annual licenses for the credit recovery program for the 2021/22 school year will not exceed $25,000. The individual fee for Acellus Learning System licenses is $100 per student, per year, with no maximum amount of classes that can be taken by a student. The cost will be paid from Elementary Secondary School Emergency Relief Funds (ESSER) that are earmarked for the Learning Loss Mitigation program.

It is recommended that an agreement with Acellus Learning Systems to provide an online credit recovery program to the District for the 2021/22 school year (EC 2020/21 #175) be approved in an amount not to exceed $25,000, and that the Superintendent or designee be authorized to execute the agreement.

Arrangements have been made with Jeanne Anne Carriere, Ph.D., Regents of the University of California of Irvine, located in Irvine, California, to provide psycho-educational assessment service, Independent Educational Evaluation (IEE) for one District special education student residing in the District pursuant to Federal law provisions for a parent to request an IEE at District expense if the parent(s) disagree with District assessments.

Jeanne Anne Carriere, Ph.D, is a Licensed Educational Psychologist with over 25 years of experience working within the public school system. Dr. Carriere is the Director of the Families and Schools Together (FAST) Program, a collaboration between The Center for Autism & Neurodevelopmental Disorders and Chapman University’s Attallah College of Educational Studies. Dr. Carriere provides professional development for school based and clinical/medical professionals on the differences between school based and clinic based services, comprehensive Autism Spectrum Disorder evaluations, the Autism Diagnostic Observation Schedule-2, working collaboratively with families. Dr. Carriere conducts psychoeducational evaluations and consults with school districts regarding Special Education services. Dr. Carriere is an Assistant Clinical Professor for the Chapman University School Psychology program. Her professional interests include effective report writing, comprehensive autism assessment, and support for parents’ understanding and involvement in their child’s special education program.

The agreement will not exceed $5,000, and covers the period of service from October 23, 2020, through June 30, 2021.

It is recommended that a consultant agreement with Jeanne Anne Carriere, Ph.D., Regents of the University of California of Irvine, to provide psycho-educational assessment services, Independent Educational Evaluation for a District special education student (EC 2020/21 #170) be ratified for the period of service from October 23, 2020, to June 30, 2021, in an amount not to exceed $5,000, including all expenses such as mileage, meals, parking, transportation, lodging, and materials, and that the Superintendent or designee be authorized to execute the agreement.

On September 1, 2020, the Board approved Agreement (EC 2020/21 #112) with StaffRehab, dba The Stepping Stone Group, a nonpublic nonsectarian agency, to provide a board certified behavioral analyst for District students. The fee for a board certified behavioral analyst is $85 per hour for a maximum of fifteen (15) hours per week. The original per-unit rate cost to cover the period from July 1, 2020, through June 30, 2021, totaled $65,000.

It is necessary to amend the agreement  in the amount of $58,880 to include speech/language pathologist services for the period of February 1, 2021, through May 28, 2021. The fee for a speech-language pathologist is $92 per hour for a maximum of forty (40) hours per week.  The new total for the amended agreement will not exceed $123,880.

It is recommended that an amendment to the agreement with StaffRehab, dba The Stepping Stone Group, a nonpublic nonsectarian agency, to provide a board certified behavioral analyst and a speech-language pathologist ((EC 2020/21 #112) to District students, be ratified in an amount not to exceed $123,880, including all expenses such as mileage, meals, parking, transportation, lodging, and materials, and that the Superintendent or designee be authorized to execute the agreement.

In accordance with Education Code Sections 56365 and 56366, a school district is required to enter into separate agreements with nonpublic nonsectarian schools to provide the services included in a pupil's Individualized Education Program (IEP) when such services cannot be provided by the district.

An IEP has been developed for one District student that calls for services from a nonpublic nonsectarian school. Olive Crest Academy, dba Olive Crest Academy, located in Orange, California, will serve as the nonpublic nonsectarian school.

The agreement totals $25,906.84, and covers the period of service from January 20, 2021, to June 30, 2021.

It is recommended that the agreement with Olive Crest Academy, dba Olive Crest Academy, a nonpublic nonsectarian school, to provide special education services (EC 2020/21 #176) be ratified at the per-unit rate cost for the dates indicated for a total cost of $25,906.84 and that the Superintendent or designee be authorized to execute the agreements.

Estimated Project Cost: $400,000

Funding Source: Transportation Department

At the September 9, 2019 Board Meeting, the Board of Trustees approved an Architectural Service Agreement with PJHM Architects for design services of the aquatics facility at La Habra High School (LHHS).

Pending approval of this project from the Division of State Architect (DSA), staff members are requesting authorization to proceed with the solicitation of bids for the new aquatics facility at LHHS.

Funding Source: Fund 24-General Obligation Bond, 2014 Election

Estimated Project Cost: $7,500,000

The purpose of this agenda item is to seek Board approval of Deductive Construction Change Order #1 with New Dynasty Construction Company for construction of the new aquatics facility at Buena Park High School. Change orders must be processed and approved. Failure to process change order requests in a timely manner can result in delaying the scheduled completion.

Although anticipated, the entire allowance for unforeseen conditions was not required for construction of the new aquatics facility at Buena Park High School resulting in a net savings to the District of ($73, 338.00).

Financial Impact: Reduction of $73,338.00 

Funding Source: Fund 24- General Obligation Bond, 2014 Election

It is recommended that Deductive Construction Change Order #1 with New Dynasty Construction Company for construction of the new aquatics facility at Buena Park High School, Bid #04-118092, (EC 2019/20 #189) be approved in the amount of ($73,338.00), and that the Superintendent or designee be authorized to execute the necessary documents.

On December 10, 2019 the Board of Trustees approved an agreement with New Dynasty Construction Company in the amount of $6,953,254.00 for construction of the new aquatics facility at Buena Park High School. Work on the project began on December 20, 2019 and was completed on November 6, 2020.

Although anticipated, the entire allowance for unforeseen conditions was not required for the construction of the new aquatics facility at Buena Park High School, resulting in a net savings to the District of ($73,338.00).

It is recommended that a Notice of Completion of Agreement with New Dynasty Construction Company for construction of the new aquatics facility at Buena Park High School, Bid #04-118092 (EC 2019/20 #189) be approved in the amount of $6,879,916.00 with November 6, 2020 as the date of completion, and that the Superintendent or designee be authorized to execute the necessary documents.