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MEETING FORMAT "A"
Santa Monica-Malibu USD
October 04, 2018 5:30PM
Malibu City Council Chambers: 23825 Stuart Ranch Road, Malibu, CA The Board of Education will call the meeting to order at 4:30 p.m. in the Zuma Room, at which time the board will move to Closed Session regarding the items listed below. The public meeting will reconvene at 5:30 p.m. in the Council Chambers.

. CLOSED SESSION
Minutes:
Dr. Tahvildaran-Jesswein called closed session to order at 4:30 p.m.
.I. PUBLIC COMMENTS FOR CLOSED SESSION ITEMS ONLY
Quick Summary / Abstract:
Persons wishing to address the Board of Education regarding an item scheduled for closed session must submit the “Request to Address” card prior to the start of closed session.
.II. CLOSED SESSION
.II.A. Government Code §54956.9(d)(2) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION (35 min)Confidential agenda item.Was edited within 72 hours of the Meeting
Quick Summary / Abstract:
  • 1 case
  • DN-1008-17/18 (Special Education)
.II.B. Government Code §54957 PUBLIC EMPLOYEE DISCIPLINE / DISMISSAL / RELEASE (5 min)Confidential agenda item.
.II.C. Government Code §54957.6 CONFERENCE WITH LABOR NEGOTIATORS (20 min)Confidential agenda item.
Quick Summary / Abstract:
  • Agency Designated Representative: Dr. Ben Drati
  • Employee Organizations: SMMCTA
  • Agency Designated Representative: Dr. Ben Drati
  • Employee Organizations: SEIU
  • Agency Designated Representative: Dr. Ben Drati
  • Employee Organizations: SMMASA
. OPEN SESSION
.I. CALL TO ORDER
Minutes:
Dr. Tahvildaran-Jesswein called open session to order at 6:12 p.m.
.I.A. Roll Call
Minutes:
Absent Oscar de la Torre
Present Craig Foster
Present Jon Kean
Present Maria Leon-Vazquez – arrived 6:32 p.m.
Present Laurie Lieberman
Present Ralph Mechur
Present Dr. Richard Tahvildaran-Jesswein
.I.B. Pledge of Allegiance
Minutes:
Led by Student Board Members Afshar and Blain
.II. APPROVAL OF THE AGENDA
Recommended Motion:

It is recommended that the Board of Education approve the October 4, 2018, regular meeting agenda.

Actions:
Motion

It is recommended that the Board of Education approve the October 4, 2018, regular meeting agenda.

Passed with a motion by Mr. Craig Foster and a second by Mr. Jon Kean.
Vote:
Absent Mr. Oscar de la Torre.
Yes Mr. Craig Foster.
Yes Mr. Jon Kean.
Absent Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Yes Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
.III. APPROVAL OF MINUTES
.III.A. Approve September 20, 2018, Minutes
Recommended Motion:

it is recommended that the Board of Education approve the September 20, 2018, regular meeting minutes. 

Actions:
Motion

it is recommended that the Board of Education approve the September 20, 2018, regular meeting minutes. 

Passed with a motion by Mr. Craig Foster and a second by Mr. Ralph Mechur.
Vote:
Absent Mr. Oscar de la Torre.
Yes Mr. Craig Foster.
Yes Mr. Jon Kean.
Absent Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Yes Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
Attachments:
Minutes_092018
.IV. BOARD OF EDUCATION – COMMENDATIONS/RECOGNITIONS
.IV.A. City of Malibu’s 2018 Jake Kuredjian Citizenship Award: Mike Mulligan (5 min)
Comments:

The Jake Kuredjian Citizenship Award is presented annually by the City of Malibu to recognize those outstanding individuals who give their time and resources to enhance the quality of recreation programs within the Malibu community. 

Minutes:
Time start: 6:16 p.m. Time end: 6:17 p.m.

The board congratulated Coach Mike Mulligan, a recipient of the City of Malibu’s Jake Kuredjian Citizenship Award for 2018. The award is given to outstanding individuals who demonstrate a commitment to and involvement in recreation in Malibu. Recipients give their time and resources to enhance the quality of recreation programs for the Malibu community. Coach Mulligan was not able to attend the board meeting, so his certificate will be mailed to him.
.V. STUDY SESSION
Quick Summary / Abstract:
These items are staff presentations and/or updates to the Board of Education.
.V.A. SMMUSD Student Performance: Additional Lag Metrics (Quarter 1)
Rationale:

Staff will review lag data that includes A-G rate, AP Exams, High School Graduation rate, Reclassification of English Learners, Attendance and Suspension rates as well as Student Survey data.

Now that four years of student performance results are available, California school districts are able to identify trends over time in student performance and engagement.  This report highlights student performance and engagement results for most of the student subgroups identified in the California Accountability Model and School Dashboard, and/or the Local Control Funding Formula (LCFF) and Local Control Accountability Plan (LCAP).
 
Comments:



Minutes:
Time start: 6:17 p.m. Time end: 7:12 p.m.

Staff answered board members questions regarding the cause(s) behind the rise in AP achievement data; if the district is still covering AP test fees; the metrics behind tracking student engagement; how to share the achievement data with families; how to increase awareness of the Naviance counseling program with students and families; and how to best inform high school students and families of the benefits of community colleges. Mr. Mechur suggested staff work with both cities to develop partnerships to help develop students’ workplace skillsets. Mr. Foster suggested staff examine how Palos Verdes Peninsula school district shares achievement data with families. Mr. Blain thought increasing the number of restorative justice coordinators and making it a major part of Freshman Seminar would be beneficial.
Attachments:
Quarter One: Student Achievement Lag Data Review
.VI. COMMUNICATIONS
Quick Summary / Abstract:
The Communications section provides an opportunity for the Board of Education to hear reports from the individuals or committee representatives listed below. All reports are limited to 5 minutes or less. However, if more time is necessary, or if a report will not be presented, please notify the Board secretary eight workdays prior to the date of the meeting.
.VI.A. Student Board Member Reports (15 min)
.VI.A.1. Santa Monica High School
Minutes:
Time start: 7:12 p.m. Time end: 7:19 p.m.

Mr. Blain reported that this week is Homecoming Week, complete with spirit week, carnival, pep rally, football game, and dance. Dr. Shelton thought carnival went well and suggested the students plan another one for the spring. The Homecoming game will be against Hawthorne, and there will be a parade honoring city and school board officials during half-time. The dance will be on Saturday night in the north gym, with a galactic theme. Ms. Blain reported that ASB has been discussing how to increase math and ELA test scores. Students would also like to be able to get help from teachers during times other than lunch or after school; Dr. Shelton is looking into a one-hour seminar period. Students are also discussing how teachers could be more empathetic toward students’ needs; Mr. Blain thought a seminar period could help with this. Students are also talking about restorative justice and circle-up sessions.
.VI.A.2. Malibu High School
Minutes:
Time start: 7:19 p.m. Time end: 7:20 p.m.

Ms. Afshar replied to Mr. Blain’s comments about students getting help from teachers and shared the Malibu HS ha a seminar period that students value. She reported that this week is Homecoming Week, and ASB has been busy with spirit week. The Homecoming football game is tomorrow, along with the parade. The dance will be on Saturday at Casa Escobar. The choir is raising money for its trip to New York City. Students will be taking the PSAT on October 2. The CA Great Shakeout drill will be on October 18.
.VI.A.3. Olympic High School
Minutes:
Ms. McDaniel was absent.
.VI.B. SMMCTA Update (5 min)
Minutes:
Time start: 7:20 p.m. Time end: 7:23 p.m.

Ms. Murawski thanked the district for sending out the open enrollment information to staff. She also thanked those involved in negotiating a solution for the high health benefits costs for those hired after 2014. The PAC met with board member incumbents who are running for reelection and voted to support them. Some unit members have expressed concern about the implementation of the 1:1 technology device plan in 2019-20; they are worried about screen time for students, professional development, and funds set aside for equipment repairs and replacements.
.VI.C. SEIU Update (5 min)
Minutes:
Ms. Cartee-McNeely was absent.
.VI.D. PTA Council (5 min)
Minutes:
Ms. Seizer was absent.
.VII. SUPERINTENDENT'S REPORT
Minutes:
No report
.VIII. CONSENT CALENDAR
Actions:
Motion
Passed with a motion by Mr. Craig Foster and a second by Mr. Jon Kean.
Vote:
Absent Mr. Oscar de la Torre.
Yes Mr. Craig Foster.
Yes Mr. Jon Kean.
Yes Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Yes Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
Quick Summary / Abstract:
As agreed by the President, Vice President, and Superintendent during agenda planning, consent agenda items are considered routine, require no discussion, and are normally approved all at once by the Board of Education. However, members of the Board of Education, staff, or the public may request an item be moved from the consent agenda to Section XI (Major Items) for clarification and/or discussion.
Minutes:
The board approved Item Nos. A.1-3, B.2-3, C.1-16, D.1-3, and E.1-7 listed under the Consent Calendar. The board pulled Item No. D.4 and voted on it separately.

Time start: 7:23 p.m. Time end: 7:24 p.m.
.VIII.A. Curriculum and Instruction
.VIII.A.2. Approval of Independent Contractors
Recommended Motion:

It is recommended that the Board of Education enter into an agreement with the following Independent Contractors.  

Financial Impact:
  • Contractor: Chad Scheppner (Theatre 31)
  • Date: 09/05/18-01/28/19
  • Amount: $28,000.00
  • Description: Afterschool Drama program with Middle School Students
  • Site: Lincoln Middle School
  • Funding:01-90150-0-11100-10000-5802-012-4120 ($17,000.00); 01-90810-0-11100-10000-5802-012-4120 ($7,500.00); 01-00021-0-11100-10000-5802-012-4120 ($3,500.00)


  • Contractor: JUST COMMUNITIES
  • Dates: 10/09/18-06/30/19
  • Amount not to exceed: $12,205.36
  • Description:  This is a 20-hour workshop that introduces best practices and skill development, with a foundation in principles of equity and inclusion for interpretation in school settings. Topics include: consecutive interpretation, simultaneous interpretation, ethical issues and the interpreter’s role, standards of practice, note taking, language, power and social justice. This workshop is designed for experienced and aspiring interpreters of spoken languages. This workshop will increase the skill and capacity of interpreters in Santa Monica-Malibu Unified School District.
  • Site: Educational Services
  • Funding: 01-00030-0-19200-24950-5802-030-1300


  • Contractor: Reading Partners
  • Dates: 08/23/18-06/13/19
  • Amount not to exceed: $20,000.00
  • Description: Provide individual reading instructions for K-4th grades
  • Site: John Muir Elementary and SMASH
  • Funding: 01-00021-0-11100-10000-5802-005-4050—$2,500.00 (VSS Stretch Grant); 01-90150-0-11100-10000-5802-005-4050—$2,800.00 (John Muir PTA) ; 01-30100-0-11100-10000-5802-005-4050—$8,700.00 $11,500.00 (John Muir Title I); 01-00021-0-31000-10000-5802-009-4090—$3,000.00 (SMASH Stretch Grant); 01-90150-0-31000-10000-5802-009-4090—$3,000.00 (SMASH PTA)
  • (Amend Funding source and amount. Original contract approved 7/19/18)


  • Contractor: P.S. Arts
  • Dates: 08/23/18 – 06/14/19
  • Amount not to exceed: $803,881.71 $657,234.90
  • Description: Continuation of visual and performing arts education for all elementary (TK-5) students and Pre-school students (at two sites) (at multiple sites).
  • Site: Educational Services
  • Funding: 01-00020-0-11100-10000-5802-030-1300
  • (Amend amount not to exceed and description. Added site. Original contract approved 6/14/18)
Comments:

These contracts are included in the 2018-19 budget. 

.VIII.A.3. Conference and Travel Approval/Ratification - 2018/2019
Recommended Motion:

It is recommended that the Board of Education approve/ratify the attached Requests for Absence on District Business (Conference and Travel) forms.

Financial Impact:

The average cost for substitute teachers is $183/day. This figure is furnished for informational purposes and does not reflect the actual amount paid for an individual substitute.

Attachments:
C & T 10/04/18
.VIII.A.4. Overnight Field Trip(s) 2018-19
Recommended Motion:

It is recommended that the Board of Education approve the special field trip(s) listed below for students for the 2018-2019 school year.  

Financial Impact:
  • School: Santa Monica High School
  • Grade: 9th-12th
  • # of Students: 25
  • Destination: Kizugawa, Kyoto, Hiroshima, Fujinomiya and Tokyo, Japan
  • Dates: 04/04/19–04/17/19
  • Principal/Teacher:  A.Shelton/E.Kariya
  • Cost & Funding Source: $2,300.00 per student / Fundraising & parent donations
  • Subject: Language
  • Purpose: Communicate in language other than English and to gain understanding of other cultures


  • School: Santa Monica High School
  • Grade: 9th-12th
  • # of Students: 80
  • Destination: Rome, Italy
  • Dates: 04/06/19–04/13/19
  • Principal/Teacher: A.Shelton/K.McKeown
  • Cost & Funding Source: $3,400.00 per student / Fundraising & parent donations
  • Subject: Music
  • Purpose: Wind Ensemble to perform at Basilica of St. Ignatius


  • School: Santa Monica High School
  • Grade: 9th-12th
  • # of Students: 75
  • Destination: Caen, Blois, and Paris, France
  • Dates: 04/06/19–04/15/19
  • Principal/Teacher: A.Shelton/J.Huls
  • Cost & Funding Source: $3,350.00 per student / Fundraising & parent donations
  • Subject: Music
  • Purpose: Performing choral concert tour of historical locations throughout France


  • School: Santa Monica High School
  • Grade: 9th-12th
  • # of Students: 40
  • Destination: Rome, Italy and Athens, Greece
  • Dates: 04/09/19–04/17/19
  • Principal/Teacher:  A.Shelton/C.Khem
  • Cost & Funding Source: $3,565.00 per student / Fundraising & parent donations
  • Subject: Language & English
  • Purpose:To explore the settings and locations associated with the development of the Latin language
Comments:

No child will be denied due to financial hardship. 

.VIII.A.5. Supplemental Textbooks
Recommended Motion:

It is recommended that the supplemental textbooks listed below be adopted for the Santa Monica-Malibu Unified School District. 

Rationale:

In accordance with the Board of Education policy, the supplemental textbooks listed below have been on public display for two weeks in the Educational Services Department at 1630 17th Street, Santa Monica, CA 90404.

  • The Martian, by Andy Weir, for 8th grade Science and ELA.  Adoption requested by teacher Marianna O'Brien.
  • Readwell, by Voyager Sopris Learning, for use with K-5th grade Special Education students.  Adoption requested by teacher Victoria Hursts and Pamela Kazee.
  • Rich Dad Poor Dad, by Robert T. Kiyosaki, for use with 12th grade Economics course.  Adoption requested by teacher Sean Ryan and Scott Bilotti.
  • ...Y no se lo trago la tierra -... And the Earth did not devour him, by Tomas Rivera, for use with Chicano/a Literature course.  Adoption requested by teacher Sarah Rodriguez.
  • Occupied America: A History of Chicanos, by Rodolfo Acuna, for use with Chicano/a Literature course.  Adoption requested by teacher Sarah Rodriguez.
  • Drink Cultura, by Jose Antonio Burciaga, for use with Chicano/a Literature course.  Adoption requested by teacher Sarah Rodriguez.
  • Feminism is for Everybody, by Bell Hooks, for use with Ethnic Studies course.  Adoption requested by teacher Sarah Rodriguez
 
.VIII.A.6. Special Education Contracts
Recommended Motion:

It is recommended that the Board of Education approve the attached Special Education contracts for fiscal year 2018/2019. 

Rationale:

According to the Education Code SEC.21 Section 56342, prior to recommending a new or continued placement in a non-public, non-sectarian school, the individualized Education Program (IEP) Team must submit the proposed recommendation to the local governing board for its review and recommendation regarding the cost of such placement.

The recommendations for these severely handicapped students are made by the District IEP Teams in accordance with State and Federal laws.  The mandates of IDEA require non-public school services be provided at no expense to parents if there is not an appropriate public school program available.  Funding to come from a SELPA-wide non-public school/non-public agency reserve account.

 
.VIII.B. Business and Fiscal
.VIII.B.1. Award of Purchase Orders
Recommended Motion:

It is recommended that the Board of Education approve the following Purchase Orders and Changed Purchase Orders form September 13, 2018, through September 26, 2018, for fiscal /19. 

Attachments:
Purchase Order List_091318-092618
.VIII.B.2. Acceptance of Gifts - 2018/2019
Recommended Motion:

It is recommended that the Board of Education accept, with gratitude, checks totaling $15,038.62 presented to the Santa Monica-Malibu Unified School District.

It is further recommended that the Fiscal/Business Services Office, in accordance with Educational Code §42602, be authorized to increase the 2018-2019 income and appropriations by $15,038.62 as described on the attached listing.

Rationale:

This report details only cash gifts.  It includes all contributions made by individuals or companies and some of the contributions made by our PTA’s.  Contributions made by a PTA in the form of a commitment and then billed are reported in a different resource.  A final report that compiles all gift and PTA contributions is prepared and available annually.

COMMENT: The value of all non-cash gifts has been determined by the donors.

 NOTE:  The list of gifts is available on the District’s website, www.smmusd.org.

 
Attachments:
Gift Reports 10/04/18
.VIII.C. Facilities Improvement Projects
.VIII.C.1. Change Order #06 – Will Rogers Elementary School – Window, Paint, Floors & Doors Project – Construction Contract Bid #17.08.ES – A. J. Fistes Corporation - Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Change Order #06 with A. J. Fistes Corporation for the Will Rogers Elementary School – Window, Paint, Floors & Doors Project for a credit in an amount of ($4,949.83) for a total contract amount of $3,516,125.99 and 0 days of schedule impact.

Rationale:

On March 3, 2017, the Santa Monica Malibu Unified School District’s Board of Education awarded to A. J. Fistes Corporation the construction contract for the Will Rogers Elementary School – Window, Paint, Floors & Doors Project in the amount of $2,813,450.00.

Notice to proceed was given on May 17, 2017.

The changes for this Change Order #06 include: Provide additional Contractor overtime hours to complete the project in time for the opening of the school; Provide the credit for deleting the unneeded PCB abatement on buildings A, B, D, E, F, H, J, K, L, M, N and P; Provide 4 additional doors and door frames to Kindergarten room 1 & 2; Provide new anchoring of stair cage and new support for 3" conduits on the new stucco, on the north side of the Library building G; Frame out around the air intake register and finish off the new stucco around the existing air intake register, behind the PV enclosure on the north side of the Library building G; Provide for the final clean for the Library, HVAC closet, IT room and book room; Install unistrut support to the existing conduits that pass in front of the new windows on the north side of the Kindergarten building D; provide additional #14 wood Screws into the relocated sink counter top, per the DSA approved CCD 13A.

This Change Order No. #06 is necessary to reimburse A. J. Fistes Corporation the added cost of Constructing Will Rogers Elementary School – Window, Paint, Floors & Doors Project contract.

Change Order No. #06 does not increase to the contract time.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: Measure ES
  • Account Number: 85-90905-0-00000-85000-5640-006-2600
  • Budget Category: Hard Costs \ Construction Contracts
  • DSA #: 03-117560

MEASURE ES FUNDING

  • Original Contract: $2,813,450.00
  • Change Order #01: $266,258.71
  • Change Order #02: $117,039.81
  • Change Order #03: $91,903.01
  • Change Order #04: $130,668.52
  • Change Order #05: $101701.77
  • Change Order #06: ($4,949.83)                         
  • TOTAL CONTRACT AMOUNT: $3,516,125.99
.VIII.C.2. Change Order #01 – McKinley Elementary School – Window, Paint, Floors & Doors Project – Construction Contract Bid #18.08.ES – USS Cal Builders, Inc. - Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Change Order #01 with USS Cal Builders, Inc. for the McKinley Elementary School – Window, Paint, Floors & Doors Project in the amount of $79,317.63 for a total contract amount of $6,567,317.63 and 0 days of schedule impact.

Rationale:

On March 15, 2018, the Santa Monica Malibu Unified School District’s Board of Education awarded to USS Cal Builders, Inc. the construction contract for the McKinley Elementary School – Window, Paint, Floors & Doors Project in the amount of $6,488,000.00.

Notice to proceed was given on May 23, 2018. 

The changes for this Change Order #01 include: Abatement and removal of existing wall between Rooms #89 & 89A in Building "C". (CD #002); Pothole and install the new electrical conduits below grade under existing breezeway with large footings instead of trenching through the breezeway(RFI 0023); Relocate existing electrical conduits to the new corridor wall while removing existing walls in the 2nd floor corridor of Building "B" (RFI 042); Repair the damaged TSI insulation in the attic of Building "A"; Provide new District standard panic hardware devices with indicator plates on all new doors; Add sliding marker boards to the front of the new casework on the second floor classrooms of building B and C (ASI 002); New hat channel to attach acoustical drywall panels to ceiling of Building A and B; Premium Time rate charges for work on 7/28/18; Demolition of existing wall behind sink locations in building B (RFI 091); Fill in old make-up air slab hole in Building A. (RFI 046R1); Premium time charges for 8/04/18 and 8/05/18; Remove wood trim in Building A (RFI #103); Relocate electrical escutcheon plate on electrical light fixture in the stairways of Building B (RFI 110).

This Change Order No. #01 is necessary to reimburse USS Cal Builders, Inc. the added cost of Constructing McKinley Elementary School – Window, Paint, Floors & Doors Project contract.

Change Order No. #01 does not increase the contract time.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: Measure ES
  • Account Number: 85-90905-0-00000-85000-62000-004-2600
  • Budget Category: Hard Costs \ Construction Contracts
  • DSA #: 03-118333

MEASURE ES FUNDING

  • Original Contract: $6,488,000.00
  • Change Order #01: $79,317.63                          
  • TOTAL CONTRACT AMOUNT: $6,567,317.63
.VIII.C.3. Amendment #16 to Agreement – Malibu Schools Realignment – Pt. Dume Elementary School – Architectural Design Services – dsk Architects – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #16 with dsk Architects to provide architectural and engineering design services for Malibu Schools Realignment at Pt. Dume Elementary School – in an amount not to exceed $118,327.00 for a total contract amount of $1,260,473.00.

Rationale:

To further the District’s goal of realigning schools in Malibu, staff has requested that dsk Architects provide proposals to provide architectural and engineering design services as follows:

  • Review of the existing on site wastewater system and provide documentation and coordination with contractors.
  • Prepare designs for an underground Wastewater Treatment Plant (WWTP) for the Pt. Dume campus to support the addition of portables and future permanent build out.

The first design includes no additional treatments (septic and seepage pits only) and the second design includes a high level of treatment. Two designs are required to ensure that the District meets permits limits provided by governing agencies and safeguards against further delays should an extensive wastewater treatment plant be required. 

 
Financial Impact:

Funding Information

  • Budget: Yes
  • Fund: 85
  • Source: ES
  • Account Number: 85-90909-0-85000-5802-019-2600
  • Budget Category: Soft Costs/AE Design Services

MEASURE ES FUNDING

  • ORIGINAL CONTRACT – Webster – WPF: $192,235.00
  • CA #01 – Webster ES – WPF:  $27,470.00
  • CA #02 – Webster ES – WPF:  $N/A
  • CA #03 – Webster ES – WPF:  $10,000.00
  • CA #04 – Webster ES, Pt. Dume ES – WPFD addl services:  $34,762.00
  • CA #05 – Webster ES – WPFD:  $58,480.00
  • CA #06 – Olympic HS – WPFD and HVAC Project:  $379,828.00
  • CA #07 – Olympic HS – HVAC Project addl services landscape:  $18,364.00
  • CA #08 – Olympic HS – WPFD and HVAC Project Reimbursable Exp:  $18,950.00
  • CA #09 – Webster ES – WPF additional services construction mgmt:  $9,555.00
  • CA #10 – Olympic HS – WPFD additional design services:  $44,611.00
  • CA #11 – Malibu Realignment – Pt. Dume ES Interim Housing:  $66,910.00
  • CA #12 – Pt. Dume ES – WPFD additional design services:  $26,361.00
  • CA #13 – Pt. Dume ES, Franklin ES – WPFD additional design services:  $107,139.00
  • CA #14 – Pt. Dume ES, Olympic HS – WPFD additional design services:  $89,947.00
  • CA #15 – Malibu Realignment – Webster ES, Play Yards:  $57,534.00
  • CA #16 – Malibu Realignment – Pt. Dume ES Wastewater Treatment: $118,327.00
  • TOTAL CONTRACT AMOUNT: $1,260,473.00
.VIII.C.4. Amendment #29 to Agreement – Will Rogers Elementary School – Window, Paint, Floors & Doors Project – Abatement and Disposal Services – Alta Environmental – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #29 with Alta Environmental to provide additional abatement oversight and monitoring services for the window replacement on the north side of the Library Building G at Will Rogers Elementary School – Window, Paint, Floors & Doors Project in an amount not to exceed $12,320.78, for a total contract amount of $1,665,854.42. 

Rationale:

The window replacement on the north side of the Library building was deferred to the summer of 2018 because the PV inverter enclosure needed to be temporally removed and replaced. The abatement monitoring agreement with Alta Environmental was exhausted in the summer of 2017 and an additional amount not to exceed $12,320.78 is needed to close out the Abatement oversight and monitoring of the Will Rogers Elementary School – Windows upgrade project.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: ES
  • Account Number: 85-90905-0-00000-85000-5802-006-2600
  • Budget Category: Soft Costs/Environmental Testing/Hazmat Monitoring

MEASURE ES & BB FUNDING:

  • ORIGINAL CONTRACT - Juan Cabrillo ES, Grant ES & Will Rogers ES: $96,492.45
  • CA #01 - Juan Cabrillo ES Project – WPF&D: $893.30
  • CA #02 - Various Schools – WPF&D: $50,000.00
  • CA #03 - Grant ES – Windows Project – WPF&D: $12,648.80
  • CA #04 - Webster, Roosevelt – WPF&D: $6,882.34
  • CA #05 - WRES, WES, & RES & Malibu HS–WPF&D: $79,329.00
  • CA #06 - GES, MMH FIG&D, RES, WES & WRES–WPF&D: $335,861.87
  • CA #07 - SAMOHI – Ph.1 & Ph.2: $9,086.90
  • CA #08 - Franklin & Pt. Dume – HVAC: $25,287.40
  • CA #09 - Franklin & Pt. Dume – WFP: $25,287.40    Duplicate to CA#08
  • CA #10 - LMS – Athletic Field: $40,673.00
  • CA #11 - Samohi, Phase 1 & 2: $51,208.10
  • CA #12 – Webster & Will Rogers WPFD: $27,443.90
  • CA #13 – MMHS FIG&D WPFD: $7,169.95
  • CA #14 – Building D WPFD ACM/A&L Abatement Plan & PCB Sampling: $14,875.80
  • CA #15 – Building D WPFD Add Step-Out Sampling and Abatement Plan: $41,896.70
  • CA #16 – Bldg ABC Demo Survey, Sampling, Abatement Plan & Monitoring (BB): $45,986.60
  • CA #17 – FES, McKES, PDES & JAMS - ACM, LBP & PCBs survey & work plan: $156,364.90
  • CA #18 – MMHS FIG&D, H & J WPFD – ACM, LBP & PCBs survey & work plan: $269,052.86
  • CA #19 – Roosevelt ES – ACM ceiling survey & work plan: $2,223.96
  • CA #20 – Samohi – Monitoring: $24,532.75
  • CA #21 – Samohi – Abatement Survey: $33,439.60
  • CA #22 – MMHS – Hazard. Mat. Consult.: $50,000.00
  • CA #23 - Franklin & Pt. Dume – WFP and HVAC: $146,928.50
  • CA #24 – JAMS – PAC ACM & LBP Building J: $16,073.50
  • CA #25 – JAMS and McKinley ES – WFPD: $35,153.25
  • CA #26 – Samohi – oversight/Monitoring – Technology: $21,215.85
  • CA #27 – Samohi – oversight/Monitoring – Demo: $13,800.00
  • CA #28 – Samohi – UST disposal – Auto Shop: $39,012.36
  • CA #29 – Will Rogers ES – Added Abatement monitoring $12,320.78
  • TOTAL CONTRACT AMOUNT: $1,665,854.42
.VIII.C.5. Amendment #11 to Agreement – Santa Monica High School – Discovery Building Project - Survey Services – Psomas – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #11 with Psomas to perform a topo survey for the design of temporary fencing and accessible path of travel, for the Santa Monica High School – Discovery Building Project, in an amount not to exceed $2,900.00 for a total contract amount of $144,137.00. 

Rationale:

The temporary fencing and gate on 7th Street between the Michigan and the Language Building is being designed and requires a topographical survey of the area in order to complete the design in compliance with ADA requirements.

Psomas has provided a proposal to do the work associated with this legal requirement for a total cost of $2,900.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: ES
  • Account Number: 85-90904-0-00000-85000-5802-015-2600
  • Budget Category: Soft Costs/Surveys & Engineering

MEASURE ES FUNDING:

  • Original Contract Amount - Samohi – Sealy Field: $5,500.00
  • Contract Amendment #01 - JAMS - Complex, Addt’l Survey: $16,500.00
  • Contract Amendment #02 - Samohi - Addt’l Survey: $4,500.00
  • Contract Amendment #03 - Samohi – Addt’l Survey for New Blg: $11,500.00
  • Contract Amendment #04 – JAMS – Field Replacement: $7,500.00
  • Contract Amendment #05 - Samohi – Addt’l Survey for Discovery Blg: $10,000.00
  • Contract Amendment #06 - Samohi – Vacation and Recording Easements: $32,000.00
  • Contract Amendment #07 – Rogers – Church Property Survey: $13,035.00
  • Contract Amendment #08 – Pt Dume – Topographic Survey: $28,000.00
  • Contract Amendment #09 – JAMS – Utility Mapping: $9,740.00
  • Contract Amendment #10 – Samohi – Bird Nesting Survey: $2,962.00
  • Contract Amendment #11 – Samohi – Topo Survey – 7th St Fence: $2,900.00
  • TOTAL CONTRACT AMOUNT: $144,137.00
.VIII.C.6. Amendment #03 to Agreement – Inspector of Record Services – Will Rogers Elementary School - Window, Paint, Floors & Doors Project – Stephen Payte DSA Inspections, Inc. – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Amendment #03 with Stephen Payte DSA Inspections, Inc. to provide additional inspection services for the extended construction schedule at Will Rogers Elementary School – Window, Paint, Floors & Doors Project in an amount not to exceed $2,220.00 for a total contract amount of $61,420.00. 

Rationale:

Provide additional inspection services for the Will Rogers Elementary School - Window, Paint, Floors & Doors Project related to the deferred window replacement in the Library Building.

Inspection services are required by code to ensure that school facilities are built to the District requirements. This amendment #03 is to provide additional inspection services for the work that was not completed in the summer 2017 recess.

 
Financial Impact:

Funding Information:

  • Budgeted: Yes
  • Fund: 85
  • Source: Measure ES
  • Account Number: 85-90905-0-00000-85000-5802-006-2600
  • Budget Category: Soft Costs \ Testing & Inspection / Materials Lab
  • DSA #: 03-117560

MEASURE ES FUNDING:   

  • ORIGINAL CONTRACT: $38,480.00 (Franklin ES, Grant ES & Rogers ES – WFP)
  • CONTRACT AMENDMENT #01 – $5,920.00 (Will Rogers ES – WFP)
  • CONTRACT AMENDMENT #02 – $14,800.00 (Will Rogers ES – WFP)
  • CONTRACT AMENDMENT #03 $2,220.00 (Will Rogers ES – WFP)
  • TOTAL CONTRACT AMOUNT:   $61,420.00
.VIII.C.7. Amendment #01 to Agreement – John Adams Middle School – Gym Floor Replacement Project –Abatement Oversight and Monitoring Services – Alta Environmental – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #01 with Alta Environmental to conduct Asbestos Containing Material (ACM) and Lead Based Paint (LBP) Abatement Oversight and Monitoring services for John Adams Middle School – Gym Floor Replacement Project, in an amount not to exceed $10,560.94, for a total contract amount of $37,541.16. 

Rationale:

ALTA Environmental has been requested to provide additional ACM and LBP Abatement Oversight and Monitoring services for John Adams Middle School – Gym Floor Replacement Project. The 8/03/18 proposal for $5,593.80 covers the additional ceramic tile oversite/monitoring and bulk sampling in the girls restroom and the 9/10/18 proposal for $4,967.14 covers the additional oversight of the ceramic tile abatement in the boys' restroom.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: ES
  • Account Number: 85-90907-0-00000-85000-5802-011-2600
  • Budget Category: Soft Costs/Environmental Testing/Hazmat Monitoring

MEASURE ES FUNDING:

  • ORIGINAL CONTRACT: $26,980.22
  • CA #01 - JAMS – Oversight & Monitoring: $10,560.94
  • TOTAL CONTRACT AMOUNT: $37,541.16
.VIII.C.8. Amendment #05 to Agreement – Santa Monica High School – Science and Technology Building and Site Improvements Project (Phase II) – Lease-Leaseback – Erickson Hall - Measure BB
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #05, a credit, for the adjustment of the contract value for unused funds under the contract issued to Erickson Hall, for the Santa Monica High School – Science and Technology and Site Improvements Project (Phase II) in an amount of ($4,734.00) for a final contract amount of $5,134,242.59. 

Rationale:

On September 15, 2013, the Santa Monica Malibu Unified School District’s Board of Education awarded to Erickson-Hall Construction Co. the Lease-leaseback contract for the Santa Monica High School - Science & Technology Building and Site Improvements in the amount not to exceed

$5,000,000.00. The base contract plus 3 amendments were approved by the Board for a total amount of $4,912,371.00. In addition 11 Change Orders were approved for a net total of $216,605.59 for a total contract value of $5,138,976.59. An amount of $4,734.00 remained unused at the completion of the contract, which is being credited to the District as a change order, which will reduce the overall contract value to $5,134,242.59. 

All scope of work items have been completed and accepted by the District.  A Notice of completion was filed with the County of Los Angeles Recorder on 9/4/2018. 

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 83
  • Source: Measure BB
  • Account Number: 83-90500-00000-85000-6200-015-2600
  • Budget Category: Construction Contracts

 

  • ORIGINAL CONTRACT AMOUNT - CA#1:$280,858.00
  • ORIGINAL CONTRACT AMOUNT – CA #2: $1,975,639.00
  • ORIGINAL CONTRACT AMOUNT – CA #3: $1,655,874.00
  • ORIGINAL CONTRACT AMOUNT – CA #4: $1,000,000.00
  • ORIGINAL CONTRACT AMOUNT – CA #5: ($4,734.00)
  • CHANGE ORDER NO. 1A: $66,132.00
  • CHANGE ORDER NO. 1B: $8,100.00
  • CHANGE ORDER NO. 02: ($3,122.00)
  • CHANGE ORDER NO. 03: $103,522.00
  • CHANGE ORDER NO. 04:   $71,398.59
  • CHANGE ORDER NO. 05    : ($141,642.00)
  • CHANGE ORDER NO. 06: $29,707.00
  • CHANGE ORDER NO. 07: ($16,714.00)
  • CHANGE ORDER NO. 08: $31,757.00
  • CHANGE ORDER NO. 09: ($432,075.00)
  • CHANGE ORDER NO. 10: $515,542.00 $509,542.00
  • TOTAL CONTRACT AMOUNT: $5,134.242.59
.VIII.C.9. Award of Contract – John Adams Middle School - HVAC & Fire Alarm Project – Bid #18.26.ES.R1 – Novus Commercial Interiors, Inc. DBA Novus Construction - Measure ES
Recommended Motion:

It is recommended that the Board of Education award a contract for Bid #18.26.ES.R1 for John Adams Middle School – HVAC & Fire Alarm Project to Novus Construction, in an amount not to exceed $3,990,000.00.

Rationale:

The District publicly bid the HVAC & Fire Alarm Project – Bid #18.26.ES.R1, on August 7, 2018. Legal advertisement of the notice inviting bids was published in The Daily Breeze and The Santa Monica Daily Press and ran on August 7, 2018 and August 14, 2018. The notice inviting bids was sent to 179 General Contractors that are on the SMMUSD Approved (Pre-Qualified) list, and to the required trade journals. Prequalification was required for all General Contractors submitting a bid.  A mandatory job walk was conducted on August 16, 2018 and 11 contractors attended. Bids were received and publicly opened on September 6, 2018. Three bids were received as noted below:

  1. The Nazerian Group: $3,794,123.00
  2. Novus Construction: $3,990,000.00
  3. Kemcorp: $5,685,000.00

Staff reviewed the bids for responsiveness, the apparent low bidder The Nazerian Group was deemed non-responsive. The Notice of Intent to award was issued to the lowest responsive responsible bidder Novus Construction on September 12, 2018, for the total base bid amount of $3,990,000.00.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: Measure ES
  • Account Number85-90904-0-00000-85000-6200-011-2600
  • Budget Category: Construction Contract
.VIII.C.10. Award of Agreement – Santa Monica High School – Discovery Building Project – Commissioning (CxA) Consulting Services – CBRE/Heery - Measure ES
Recommended Motion:

It is recommended that the Board of Education award an agreement for Santa Monica High School – Discovery Building Project – Commissioning Consulting Services with CBRE/Heery, in an amount not to exceed $129,410.00.

Rationale:

On July 3, 2018, the District publicly issued an RFQ/P for the Commissioning consulting services required on the Santa Monica High School Discovery Building Project. The RFQ/P was issued to 11 firms, and was posted on the FIP website. Submissions were due on July 24, 2018.  Seven submissions were received as noted below:

  1. CBRE/Heery $129,410.00
  2. 3Qc $193,595.00
  3. Jacobs $130,033.00
  4. Farnsworth $148,980.00
  5. P2S $239,500.00
  6. Cumming (non-responsive)
  7. Interface (non-responsive)
 
Financial Impact:

Funding Information

  • Budgeted: No
  • Fund: 85
  • Source: Measure ES
  • Account Number85-90500-0-00000-85000-5802-015-2600
  • Budget Category: Construction Contract
.VIII.C.11. Amendment #59 to Agreement – Malibu Middle High School – Campus Improvement Project - Architectural Services - HMC Architects – Measure BB
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #59 with HMC Architects to include the cost of additional architectural and engineering design services related to campus fiber infrastructure upgrade and a technology refresh related to the new Administration Building, in an amount not to exceed $42,830.00, for a total contract amount of $9,534,835.50.

Rationale:

Contract Amendment #59 will cover the cost of additional architectural and engineering design services related for design services related to an upgrade to the fiber optic network at the MMHS campus and a refresh of the technology proposed to be installed within the new Administration Building so that they reflect the latest District standards. 

 
Financial Impact:

Funding Information

  • Budgeted: No
  • Fund: 83
  • Source: Measure BB
  • Account Number: 83-90500-0-00000-85000-5802-008-2600
  • Budget Category: Soft Costs \ Design Services \ Architects

MEASURE BB:

  • ORIGINAL CONTRACT AMOUNT - MMHS, Prog./Schematic Design: $961,327
  • CONTRACT AMENDMENT #1 - Cabrillo, SDC-IS: $87,995
  • CONTRACT AMENDMENT #2 - MMHS, FF&E Standards: $92,400
  • CONTRACT AMENDMENT #3 - MMHS, DD/CD/CA: $3,562,894
  • CONTRACT AMENDMENT #4 - Pt. Dume/Webster Safety: $157,588
  • CONTRACT AMENDMENT #5 - MMHS, Public Meetings/EIR: $25,144
  • CONTRACT AMENDMENT #6 - Cabrillo, Safety Project: $10,304
  • CONTRACT AMENDMENT #7 - Webster, Parking Safety Project: $62,344
  • CONTRACT AMENDMENT #8 - Cabrillo, Septic Study: $21,647
  • CONTRACT AMENDMENT #9 - MMHS, Right turn lane study: $68,256
  • CONTRACT AMENDMENT #10 - MMHS, Fire protection: $25,991
  • CONTRACT AMENDMENT #11 - MMHS, Field renderings: $8,046
  • CONTRACT AMENDMENT #12 - MMHS, Wastewater study: $62,037
  • CONTRACT AMENDMENT #13 - MMHS, Electrical: $34,428
  • CONTRACT AMENDMENT #14 - MMHS, EIR, Traffic, Parking: $372,321
  • CONTRACT AMENDMENT #15 - Webster Fire alarm: $9,090
  • CONTRACT AMENDMENT #16 - MMHS, Additional Scope: $228,405
  • CONTRACT AMENDMENT #17 - Malibu, Parking Lot “A”: $57,340
  • CONTRACT AMENDMENT #18 - Cabrillo, Additional scope: $9,690
  • CONTRACT AMENDMENT #19 - OWTS, Webster: $57,330
  • CONTRACT AMENDMENT #20 - OWTS, Pt. Dume: $57,330
  • CONTRACT AMENDMENT #21 - MMHS, OWTS Const. Doc’s & CA: $245,375
  • CONTRACT AMENDMENT #22 - Point Dume, Struct. invest. & design: $19,840
  • CONTRACT AMENDMENT #23 - MMHS, CDP Exempt. and Waivers: $12,520
  • CONTRACT AMENDMENT #24 - Cabrillo, DSA submittal Fencing: $3,700
  • CONTRACT AMENDMENT #25 - MMHS, FA into sep. DSA & Bid Pkg: $69,210
  • CONTRACT AMENDMENT #26 - MMHS Fence/Gates, Erosion Control: $83,090
  • CONTRACT AMENDMENT #27 - Cabrillo, Fencing & gate revisions: $7,065
  • CONTRACT AMENDMENT #28 - Webster, Parking and Drop-Off: $73,280
  • CONTRACT AMENDMENT #29 - Malibu, Campus Improvement: $8,000
  • CONTRACT AMENDMENT #30 - MMHS, EIR lighting study: $4,500
  • CONTRACT AMENDMENT #32 - MMHS, RWQCB, WDRs: $6,200
  • CONTRACT AMENDMENT #33 - MMHS HS, Fire Alarm, FCD: $7,315
  • CONTRACT AMENDMENT #34 - MMHSHS, SWPPP: $5,800
  • CONTRACT AMENDMENT #36 - MMHS, CDP, Hearing, redesign: $350,000
  • CONTRACT AMENDMENT #37 - MMHS, Redesign, OWTS Redesign: $444,444
  • CONTRACT AMENDMENT #38 - MMHS, Pkg Lot Photo Renderings: $44,345
  • CONTRACT AMENDMENT #39 - MMHS, Wharf and Pkg Lot E Design: $496,000
  • CONTRACT AMENDMENT #40 - MMHS, Pkg lot/ESHA Light Meter: $14,000
  • CONTRACT AMENDMENT #41 - MMHS, Bldg E: $193,097
  • CONTRACT AMENDMENT #42 - MMHS Building E Replacement: $108,500
  • CONTRACT AMENDMENT #43 - MMHS Building E Exterior Upgrades: $88,454
  • CONTRACT AMENDMENT #44 - MMHS Native Tree Monitoring Rpt.: $4,500
  • CONTRACT AMENDMENT #45 - MMHS SWPPP & Waste Water: $158,764
  • CONTRACT AMENDMENT #46 - MMHS Air Cond. & MDF Mig. Plan: $183,700
  • CONTRACT AMENDMENT #47 - MMHS Feasibility Std and CDP App: $58,350
  • CONTRACT AMENDMENT #48 - MMHS Growthpoint Renderings: $6,187
  • CONTRACT AMENDMENT #49 - MMHS Design Updates and Bid Sets: $462,801
  • CONTRACT AMENDMENT #50 - MMHS Peer Review - Outdoor Lights: $5,036.50
  • CONTRACT AMENDMENT #51 - MMHS Traffic Control: $18,510
  • CONTRACT AMENDMENT #52 - Webster Drop Off /Parking Lot Update: $170,290.00
  • CONTRACT AMENDMENT #53 – MMHS Reimbursables: $25,000.00
  • CONTRACT AMENDMENT #54 – Webster Elec Reloc and Lighting Conduit: $17,375.00
  • CONTRACT AMENDMENT #55 – MMHS IT Office, Onsite Soil Study, Fire Lane: $44,985
  • CONTRACT AMENDMENT #56 – MMHS Off-Site Permit Requirements: $31,075
  • CONTRACT AMENDMENT #57 – Webster Hydrology and Rebidding: $20,500
  • CONTRACT AMENDMENT #58 – Webster CCD to extend AC playground: $7,490
  • CONTRACT AMENDMENT #59 – MMHS Fiber Optic Infrastructure: $42,830
  • TOTAL CONTRACT AMOUNT: $9,514,035.50

Malibu Stadium Lighting:

  • CONTRACT AMENDMENT #31 - MMHS, Stdm Lights, Architect Svcs.: $56,260
  • CONTRACT AMENDMENT #35 - MMHS, Stdm Lights, Architect Svcs.: $12,795
  • TOTAL AMOUNT: $69,055  

This CA will be funded from Program Reserve Shortages.

.VIII.D. Personnel
.VIII.D.1. Certificated Personnel - Elections, Separations
Recommended Motion:

It is recommended that the Board of Education approve the attached certificated appointments, separations and assignments.

Financial Impact:

Unless otherwise noted, all items are included in the 2018-2019 approved budget.

Attachments:
Certificated Personnel
.VIII.D.2. Classified Personnel - Merit
Recommended Motion:

It is recommended that the attached appointments for Classified Personnel (merit system) be approved and/or ratified. 

Comments:

All personnel will be properly elected in accordance with District policies and salary schedules. 

Attachments:
Classified Personnel - Merit
.VIII.D.3. Classified Personnel - Non-Merit
Recommended Motion:

It is recommended that the attached appointments for Classified Personnel (merit system) be approved and/or ratified. 

Comments:

All personnel will be properly elected in accordance with District policies and salary schedules. 

Attachments:
Classified Personnel - Non-Merit
.VIII.D.4. Adopt Resolution No. 18-10 - Board Member Absence on September 20, 2018
Recommended Motion:

It is recommended that the Board of Education adopt Resolution No. 18-10 – Board Member Absence on September 20, 2018.

Actions:
Motion

It is recommended that the Board of Education adopt Resolution No. 18-10 – Board Member Absence on September 20, 2018.

Passed with a motion by Mr. Jon Kean and a second by Mr. Craig Foster.
Vote:
Absent Mr. Oscar de la Torre.
Yes Mr. Craig Foster.
Yes Mr. Jon Kean.
Yes Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Abstain Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
Rationale:

Board Member Ralph Mechur was absent from the September 20, 2018, regular board meeting. 

Board Bylaw 9250 and Education Code 35120 provide that a member of the Board of Education may be paid for any meeting when absent if the board adopts a resolution excusing the absence due to performance of district-related duties during the time of a meeting, illness, jury duty, or hardship.

 
Attachments:
Resolution: Excuse Board Member Absence
.VIII.E. General
.VIII.E.1. Revise BP 0410 - Nondiscrimination in District Programs and Activities
Recommended Motion:

It is recommended that the Board of Education revise BP 0410 - Nondiscrimination in District Programs and Activities.

Rationale:

The policy has been updated to reflect new law (AB 699), which (1) adds immigration status to the categories of characteristics that are protected against discrimination, (2) requires parent/guardian notification of their child's right to a free public education regardless of immigration status or religious beliefs, and (3) mandates that districts adopt policy consistent with a model policy developed by the California Attorney General, which includes a statement regarding equitable services.  The policy also reflects provisions of the Attorney General's model policy and new law (SB 31), which prohibit districts from compiling or assisting in the compilation of a registry based on immigration status, religion, or other specified characteristics. 

 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

Attachments:
BP 0410 - Nondiscrimination in District Programs and Activities
.VIII.E.2. Revise BP 5111 – Admission
Recommended Motion:

It is recommended that the Board of Education revise BP 5111 – Admission.

Rationale:

The policy has been updated to reflect state law prohibiting the collection of social security numbers or the last four digits of the social security numbers of students or their parents/guardians, unless otherwise required by law.  The policy also reflects new law (AB 699), which prohibits districts from inquiring into students' citizenship or immigration status and the California Attorney General's model policy which provides that, under the limited circumstances when such information must be collected to comply with eligibility requirements for special state or federal programs, such information should be collected separately from the school enrollment process.

 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

The corresponding regulation can be found under Information in this agenda.

Attachments:
BP 5111 - Admission
.VIII.E.3. Revise BP 5111.1 – District Residency
Recommended Motion:

It is recommended that the Board of Education revise BP 5111.1 – District Residency.

Rationale:

The policy and regulation have been updated to reflect new law (AB 699), which prohibits districts from collecting information or documents regarding the citizenship or immigration status of students or their family members.

 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

The corresponding regulation can be found under Information in this agenda.

Attachments:
BP 5111.1 - District Residency
.VIII.E.4. Revise BP 5125 – Student Records
Recommended Motion:

It is recommended that the Board of Education revise BP 5125 – Student Records.

Rationale:

The policy has been updated to reflect the California Attorney General's model policy, developed pursuant to new law (AB 699), which (1) prohibits districts from collecting information regarding students' citizenship or immigration status, and (2) requires district staff to receive training in the gathering and handling of sensitive student information.  The policy also reflects state law limiting the collection of students' social security numbers or the last four digits of the social security numbers, and new law (SB 31), which prohibits districts from assisting in the compilation of a list, registry, or database based on students' national origin, ethnicity, or religion.

 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

The corresponding regulation can be found under Information in this agenda.

Attachments:
BP 5125 - Student Records
.VIII.E.5. Adopt BP 5145.13 – Response to Immigration Enforcement
Recommended Motion:

It is recommended that the Board of Education adopt BP 5145.13 – Response to Immigration Enforcement. 

Rationale:

CSBA recommends this new policy and regulation to reflect new law (AB 699), which mandates districts to adopt, by July 1, 2018, policy consistent with the model policy developed by the California Attorney General, including policy related to the district's response to requests by law enforcement for access to information, students, or school grounds for immigration enforcement purposes and actions to be taken in the event that a student's family member is detained or deported.  The policy also reflects new law (SB 31), which prohibits districts from compiling or assisting federal government authorities with compiling a list, registry, or database based on students' national origin, ethnicity, or religion. 

 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

The corresponding regulation can be found under Information in this agenda.

Attachments:
BP 5145.13 – Response to Immigration Enforcement
.VIII.E.6. Replace BP 5145.3 – Nondiscrimination/Harassment
Recommended Motion:

It is recommended that the Board of Education replace BP 5145.3 – Nondiscrimination/Harassment.

Rationale:

The policy and regulation have been updated to reflect new law (AB 699), which prohibits discrimination based on immigration status.  The BP and AR have not been updated in some time (December 2010), and so the updates also include:

  • Expansion of the list of categories to include ancestry, nationality, marital status, pregnancy, parental status, transgender and gender-nonconforming, and genetic information
  • Broadening of the school activities covered in the policy
  • Clarification of what is including in unlawful discrimination
  • Expansion of the steps the superintendent and/or designee will take to ensure students, parents/guardians, and employees have been informed of the nondiscrimination policy
  • Revision of reporting and investigation process
  • Clarification of which district employee(s) are responsible for coordinating the district's efforts to comply with applicable state and federal civil rights laws
  • Implicit inclusion of measures to prevent discrimination
 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

The corresponding regulation can be found under Information in this agenda.

Attachments:
BP 5145.3 – Nondiscrimination/Harassment
.VIII.E.7. Approve District Advisory Committees Charges for 2018-19
Recommended Motion:

It is recommended that the Board of Education approve the 2018-19 charges for the Early Learning, Health & Safety, Special Education, and Visual & Performing Arts DACs. 

Rationale:

As per AR 1220, relating to DACs: "After consulting with the committee, the co-chairpersons and Board liaison(s) shall draft the committee’s goals and/or deliverables for the school year and submit the goals and/or deliverables for approval by the Board of Education no later than the end of October.  The goals and/or deliverables shall align with and support the District’s central focus on Excellence through Equity.”

 
Comments:

The board will be provided feedback on the draft charges the Early Learning, Health & Safety, Special Education, and Visual & Performing Arts DACs on September 20, 2018.  The charges for the Intercultural Equity & Excellence DAC will be discussed during the Discussion section of this agenda.

As per AR 1220 related to DACs: "The co-chairpersons shall provide the Board of Education with an update regarding the process of meeting these goals and/or deliverables in an informational item to the Board at a regular meeting no later than February each year.  No later than June of each year, the committee shall make an End-of-Year report to the Board of Education regarding the achievement of its goals and/or deliverables
Attachments:
DAC Charges: 2018-19
.IX. GENERAL PUBLIC COMMENTS
.X. MAJOR ACTION ITEMS
Quick Summary / Abstract:
These items are considered to be of major interest and/or importance and are presented for action at this time. Some may have been discussed by the Board at a previous meeting.
.X.A. Annual Public Hearing and Adoption of Resolution No. 18-11 - Sufficiency of Instructional Materials and Williams Settlement Instructional Materials Funds (5 min)
Recommended Motion:

It is recommended that the Board of Education hold the annual public hearing and adopt Resolution No. 18-11 related to the sufficiency of instructional materials.

Actions:
Motion

It is recommended that the Board of Education hold the annual public hearing and adopt Resolution No. 18-11 related to the sufficiency of instructional materials.

Passed with a motion by Mr. Craig Foster and a second by Mr. Ralph Mechur.
Vote:
Absent Mr. Oscar de la Torre.
Yes Mr. Craig Foster.
Yes Mr. Jon Kean.
Yes Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Yes Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
Rationale:

Assembly Bill 831, Chapter 118, Statutes of 2005, took effect July 25, 2005.  AB 831 modified the annual public hearing requirement in Education Code (EC) Section 60119 and modified the expenditure requirements related to Williams instructional materials funds.  Under EC Section 60119, the governing board of every local educational agency (LEA) that receives state instructional materials funds must hold an annual public hearing before the end of the eighth week from the first day pupils attend school for that year.  At the public hearing, the governing board must make a determination as to whether each pupil in each school has sufficient textbooks or instructional materials, or both, that are aligned to the content standards and are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education in reading/language arts, mathematics, science, and history-social science. In addition, the definition of sufficiency now provides that each pupil, including each English learner, must have a standards-aligned textbook or instructional materials, or both, to use in class and to take home.

Tonight the board will hold the annual public hearing of sufficiency, present the resolution on the adequacy of materials for all students, which includes SMMUSD’s compliance and non-compliance with legal guidelines, and propose remedies for our areas of non-compliance.

 
Minutes:
Time start: 7:24 p.m. Time end: 7:27 p.m.

Ms. Leon-Vazquez motioned, Mr. Kean seconded, and the board voted 6/0 to open the public hearing. Ms. Leon-Vazquez motioned, Ms. Lieberman seconded, and the board voted 6/0 to close the public hearing.
Attachments:
Resolution: Williams Compliance
.X.B. Adopt Resolution No. 18-12, Week of the School Administrator - October 8-14, 2018 (5 min)
Recommended Motion:

It is recommended that the Board of Education adopt Resolution No 18-12, attached, in recognition of Week of the School Administrator, October 8-14, 2018.

Actions:
Motion

It is recommended that the Board of Education adopt Resolution No 18-12, attached, in recognition of Week of the School Administrator, October 8-14, 2018.

Passed with a motion by Ms. Laurie Lieberman and a second by Ms. Maria Leon-Vazquez.
Vote:
Absent Mr. Oscar de la Torre.
Yes Mr. Craig Foster.
Yes Mr. Jon Kean.
Yes Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Yes Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
Minutes:
Time start: 7:27 p.m. Time end: 7:28 p.m.
Attachments:
Week of the School Administrator
.XI. INFORMATIONAL ITEMS
Quick Summary / Abstract:
These items are submitted for the public record for information. These items do not require discussion nor action.
.XI.A. Quarterly Report on Williams Uniform Complaints
Recommended Motion:

Attached is a copy of the Quarterly Report on Williams Uniform Complaints.  

Rationale:

It is required that the information be reported publicly at a Board Meeting. 

 
.XI.B. Revision to AR 5111 – Admission
Recommended Motion:

This is to inform the Board of Education that AR 5111 – Admission has been revised.

Rationale:

The regulation has been updated to reflect a requirement of the Attorney General's model policy that prohibits districts from requiring documentation that may indicate a student's national origin or immigration status, such as a passport, to the exclusion of other permissible documentation. The regulation also reflects the authority to accept a parent/guardian affidavit as evidence of a child's age when other documentation is not available.

 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

The corresponding policy can be found under Consent in this agenda.

Attachments:
AR 5111 - Admission
.XI.C. Revision of AR 5111.1 – District Residency
Recommended Motion:

This is to inform the Board of Education that AR 5111.1 – District Residency has been revised.

Rationale:

The regulation has also been updated to reflect new laws providing that a student meets district residency requirements if the student's parent/guardian was a resident of California who departed the state against his/her will pursuant to a transfer by a government agency, a court order, or the federal Immigration and Nationality Act (SB 257). 

 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

The corresponding policy can be found under Consent in this agenda.

Attachments:
AR 5111.1 - District Residency
.XI.D. Revision of AR 5125 – Student Records
Recommended Motion:

This is to inform the Board of Education that AR 5125 – Student Records has been revised.

Rationale:

The regulation has been updated to reflect new law (SB 233), which expands the types of records related to foster youth that must be made accessible to specified agencies, and a requirement of the Attorney General's model policy that the annual parental notification include a statement that a student's citizenship, place of birth, or national origin will not be released without parental consent or a court order. 

 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

The corresponding policy can be found under Consent in this agenda.

Attachments:
AR 5125 - Student Records
.XI.E. Revision of AR and E 5125.1 – Release of Directory Information
Recommended Motion:

This is to inform the Board of Education that AR and E 5125.1 – Release of Directory Information has been revised.

Rationale:

The regulation and exhibit have been updated to reflect the California Attorney General's model policy, developed pursuant to new law (AB 699), which requires that the annual parental notification include a statement that directory information does not include citizenship status, immigration status, place of birth, or national origin.  The regulation and exhibit also clarify any release of directory information. 

 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

Attachments:
AR 5125.1 - Release of Directory Information
E 5125.1 - Release of Directory Information
.XI.F. Adoption of AR 5145.13 – Response to Immigration Enforcement
Recommended Motion:

This is to inform the Board of Education that AR 5145.13 – Response to Immigration Enforcement has been adopted.

Rationale:

CSBA recommends this new policy and regulation to reflect new law (AB 699), which mandates districts to adopt, by July 1, 2018, policy consistent with the model policy developed by the California Attorney General, including policy related to the district's response to requests by law enforcement for access to information, students, or school grounds for immigration enforcement purposes and actions to be taken in the event that a student's family member is detained or deported.  The policy also reflects new law (SB 31), which prohibits districts from compiling or assisting federal government authorities with compiling a list, registry, or database based on students' national origin, ethnicity, or religion. 

 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

The corresponding policy can be found under Consent in this agenda.

Attachments:
AR 5145.13 – Response to Immigration Enforcement
.XI.G. Replacement of AR 5145.3 – Nondiscrimination/Harassment
Recommended Motion:

This is to inform the Board of Education that AR 5145.3 – Nondiscrimination/Harassment has been replaced.

Rationale:

The policy and regulation have been updated to reflect new law (AB 699), which prohibits discrimination based on immigration status.  The BP and AR have not been updated in some time (December 2010), and so the updates also include:

  • Expansion of the list of categories to include ancestry, nationality, marital status, pregnancy, parental status, transgender and gender-nonconforming, and genetic information
  • Broadening of the school activities covered in the policy
  • Clarification of what is including in unlawful discrimination
  • Expansion of the steps the superintendent and/or designee will take to ensure students, parents/guardians, and employees have been informed of the nondiscrimination policy
  • Revision of reporting and investigation process
  • Clarification of which district employee(s) are responsible for coordinating the district's efforts to comply with applicable state and federal civil rights laws
  • Implicit inclusion of measures to prevent discrimination
 
Comments:

The board discussed these changes at the September 20, 2018, board meeting.

The corresponding policy can be found under Consent in this agenda.

Attachments:
AR 5145.3 – Nondiscrimination/Harassment
.XII. BOARD MEMBER ITEMS
Quick Summary / Abstract:
These items are submitted by individual board members for information or discussion, as per Board Policy 9322.
.XIII. REQUESTS BY MEMBERS OF THE PUBLIC OR DISTRICT ADVISORY COMMITTEES TO ADDRESS THE BOARD OF EDUCATION
Quick Summary / Abstract:
A member of the public may request that a matter within the jurisdiction of the board be placed on the agenda of a regular meeting, as per Board Policy 9322. The request shall be in writing and be submitted to the superintendent or designee with supporting documents and information, if any, at least one week before the scheduled meeting date. Items submitted less than a week before the scheduled meeting date may be postponed to a later meeting in order to allow sufficient time for consideration and research of the issue. The board president and superintendent shall decide whether a request is within the subject matter jurisdiction of the board. Items not within the subject matter jurisdiction of the board may not be placed on the agenda. In addition, the board president and superintendent shall determine if the item is merely a request for information or whether the issue is covered by an existing policy or administrative regulation before placing the item on the agenda.
.XIV. CONTINUATION OF PUBLIC COMMENTS
Quick Summary / Abstract:
A continuation of Section VIII, as needed. (If the number of persons wishing to address the Board of Education exceeds the time limit in section VIII, additional time will be provided in Section XVI, CONTINUATION OF PUBLIC COMMENTS.)
.XV. BOARD MEMBER COMMENTS
Quick Summary / Abstract:
A Board member may make a brief announcement or report on his/her own activities relative to Board business. There can be no discussion under “BOARD MEMBER COMMENTS.”
.XVI. FUTURE AGENDA ITEMS
Quick Summary / Abstract:
Items for future consideration will be listed with the projected date of consideration. The Board of Education will be given any backup information available at this time.
.XVII. ADJOURNMENT
Quick Summary / Abstract:

This meeting will adjourn to a regular meeting scheduled for Thursday, October 18, 2018, at 5:30 p.n. at the district office: 1651 16th St., Santa Monica, CA.

Minutes:
It was moved by Mr. Kean, seconded by Ms. Lieberman, and voted 6/0 (Mr. de la Torre was absent) to adjourn the meeting at 7:28 p.m. in memory of Alicia Sky Kunerth, a parent in the district and active member of the Malibu community. The next meeting is a regular meeting scheduled for Thursday, October 18, 2018, at 5:30 p.m. at the district office: 1651 16th St., Santa Monica, CA.
Disability Information:
The live stream of regular board meetings in progress are available online. Meetings in Malibu City Hall: https://www.youtube.com/user/CityofMalibu. Meetings at the district office: https://www.youtube.com/user/Citytv16santamonica. Meetings held at the District Office and in Malibu are taped and rebroadcast in Santa Monica on CityTV2, Cable Channel 20 – Check TV listing. Meetings are rebroadcast in Malibu on Government Access Ch. 3 every Saturday at 8pm. ---------------- In compliance with the Americans with Disabilities Act, for those requiring special assistance to access the board meeting room, to access written documents being discussed at the board meeting, or to otherwise participate at board meetings, please contact the superintendent’s office at 310.450.8338 for assistance. Notification at least 48 hours before the meeting will enable the district to make reasonable arrangements to ensure accessibility to the board meeting and to provide required accommodations, auxiliary aids or services.
10/4/2018 4:30:00 PM ( Original )
AbsentMr. Oscar de la Torre
PresentMr. Craig Foster
PresentMr. Jon Kean
AbsentMs. Maria Leon-Vazquez
PresentMs. Laurie Lieberman
PresentMr. Ralph Mechur
PresentDr. Richard Tahvildaran-Jesswein
10/4/2018 6:32:00 PM
PresentMs. Maria Leon-Vazquez

The resubmit was successful.