• Associated with student expulsion items under Consent in open session

• DN-1001-19/20 (Special Education) (postponed from 7/18/19)

• 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

It is recommended that the Board of Education approve the August 1, 2019, regular meeting agenda.

It is recommended that the Board of Education approve the July 18, 2019, regular meeting minutes.

The Bond Program Manager Consultant and Chief Operations Officer will present an update of current and upcoming bond-funded projects.  Projects will include those funded by Measure BB and Measure ES, as well as certain planned projects funded by Measure SMS and Measure M.  The discussion will include construction updates, schedule updates, and budget updates for various projects on campuses throughout the District.

Staff anticipates that this item will require a total of 40 minutes, with 30 minutes for the staff report and 10 minutes for board member questions and comments. 

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

• Contractor: Facing History and Ourselves National Foundation, Inc. 
• Dates: 08/01/19-06/30/20
• Amount not to exceed: $72,090.00
• Description: To provide professional development workshops and coaching to support the District’s Social Justice initiative.
• Site: Educational Services     
• Funding: 01-00000-0-11100-21400-5802-030-1300

• Contractor: JUST COMMUNITIES
• Dates: 08/02/19-08/04/19
• Amount not to exceed: $9,239.70
• Description:  In response to a request from parents who were troubled after being presented with achievement data in their district, Just Communities is pleased to present this proposal to Santa Monica - Malibu School District (SMMSD) for a customized Parents for Inclusion, Diversity and Access (PIDA) program. PIDA is designed to develop a core group of parent leaders with the knowledge, skills and tools they need to work with school and district leaders to promote educational equity and address academic opportunity and achievement gaps. The goal of this customized PIDA program is to help SMMSD develop and formalize a parent advisory group through a parent-led, parent-owned process.
• Site: Educational Services
•  Funding: 01-30100-0-19200-24950-5802-035-1300

• Contractor: K12 Insight   
• Dates: 07/01/19-06/30/22
• Amount not to exceed: $118,500.00
• Description: To provide survey study, reports, and communication campaign. For subscription to engage platform, and for focus group session. (Year 1: 07/01/19-06/30/20-$39,500.00; Year 2: 07/01/20-06/30/21-$39,500.00; Year 3: 07/01/21-06/30/22-$39,500.00)
• Site: Educational Services
• Funding: 01-00030-0-11100-10000-5802-030-1300

• Contractor: Techniques4Learning, LLC                   
• Dates: 08/19/19
• Amount not to exceed: $7,000.00
• Description:  To develop and present the workshop “Hip-Hop Explained and Reimagined” during the 8/19/19 Convocation
• Site: Educational Services
• Funding: 01-00000-0-19210-10000-5802-030-1300

• Contractor:  AVID Center
• Dates:  08/19/2019-06/10/2020
• Amount not to exceed: $13,677.00
• Description: AVID Center Annual Contract: Fees include access to all AVID curriculum and instruction materials for JAMS, LMS and Samohi. Additionally, fees include the AVID Leadership Training for district staff.
• Site: Educational Services
• Funding: 01-00030-0-11100-10000-5802-030-1300

• Contractor: Hanover Research
• Dates: 11/26/19-11/25/22
• Amount not to exceed: $198,000.00
• Description:  Hanover will perform up to one (1) Research Services project at a time. Research Services may include, but are not limited to: custom research reports; survey design, administration and analysis; interviews with industry/issue experts; secondary research; data analysis; and benchmarking (product/service comparison, key performance and efficiency metrics). (Year 1: 07/01/19-06/30/20-$65,000.00; Year 2: 07/01/20-06/30/21-$66,000.00; Year 3: 07/01/21-06/30/22-$67,000)
• Site: Educational Services
• Funding: 01-00000-0-19510-31600-5802-030-1300

• Contractor: DFA
• Dates: 07/01/19-06/30/21
• Amount not to exceed: $6,000.00
• Description: Biennial actuarial valuation and footnote information as required by GASB 75.
• Site: Business Services
• Funding: 01-00000-0-00000-73000-5802-050-1500

• Contractor: Santa Monica College Dance Department
• Dates: 07/01/19-06/20/20
• Amount not to exceed: $73,000.00
• Description: Provide dance instruction to 4^th and 5^th grade students
• Site: Ed Services  
• Funding: 01-00001-0-17150-10000-5802-030-1300—$16,000.00; 01-00020-0-17000-10000-5802-030-1300—$57,000.00

• Contractor: Orbach Huff & Suarez
• Dates: 07/01/19-06/30/20
• Amount not to exceed: hourly amount $295/hour (partners), $275/hour (associates), $175/hour (paralegals), $55/hour (clerks)
• Description: General legal counsel services-Facility Issues other than Bond
• Site: Business Services
• Funding: 01-00000-0-00000-73000-5802-050-1500
• (Amend contract date: Original contract approved 11/21/13)

• Contractor: Goodwin Procter
• Dates: 07/01/19-06/30/20
• Amount not to exceed: hourly amount $300/hour (partners), $250/hour (associates), $225/hour (junior associates), $150/hour (law clerks/paralegals)
• Description: General real estate advice
• Site: Business Services
• Funding: 01-00000-0-00000-73000-5802-050-1500
• (Amend contract date: Original contract approved 8/12/15)

• Contractor: Burke Williams & Sorenson LLP
• Dates: 07/01/19-06/30/20
• Amount not to exceed: hourly amount $310/hour (senior partners), $270/hour (partners), $240/hour (associates), $140/hour (paralegals)
• Description: General legal counsel services-Post Project Labor Agreement negotiations
• Site: Business Services
• Funding: 01-00000-0-00000-73000-5802-050-1500
• (Amend contract date: Original contract approved 5/17/15)

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

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.

It is recommended that the Board of Education approve the attached Special Education contracts for fiscal year 2019-2020.

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 Team 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. 

It is recommended that the Board of Education approve the following Purchase orders and Changed Purchase orders from July 1, 2019, through July 23, 2019, for fiscal /19.

It is recommended that the Board of Education accept, with gratitude, checks totaling $21,000.00 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 2019-2020 income and appropriations by $21,000.00 as described on the attached listing.

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.

It is recommended that the Board of Education award CDWG, Bid# 19.36 for the purchase of HP Chromebook, sleeves, licenses and related professional white glove services, in an amount not to exceed $743,201.89, that includes the right to purchase additional Chromebooks at the same price structure within 365 days of the original bid award.

Chromebooks purchased will support year two roll-out of the Digital Learning Program that includes providing Chromebooks for all students in grades 9 and 11.

Funding Information:

• Budgeted: Yes
• Fund: 50
• Source : Measure GSH
• Account Number: 01-00050-0-19100-10000-4320-030-1300

Digital Learning Program was presented to the SMMUSD Board of Education during the September 6, 2018, board meeting.  The program’s goal is to provide equitable access to computing devices for all SMMUSD students including professional development and support for all staff.  This purchase will support part of the 19-20 Digital Learning Program roll out plan. Students in grades 9 and 11 will receive one to one chromebook devices.  CDWG will provide Professional Services and Chromebook White Glove Professional Services under this contract, which includes asset management, warranty and installation services. Staples did not meet all criteria in white glove service.

Two bids were received and the district awarded the bid to the lowest responsible contractor:

• CDWG: $743,201.89
• Staples: $730,507.10

It is recommended that the Board of Education approve the following charges for the Financial Oversight Committee (FOC).

The Board of Education convened a joint session with members of the Financial Oversight Committee on July 18, 2019.  During that joint meeting, the FOC presented proposed charges for 2019-20.  

1. District Budget - This subcommittee will
• Follow and review ERAF calculations;
• Follow and review Redevelopment Fund calculations;
• Review assessed valuation reports from the Cities of Malibu and Santa Monica; and, 
• Review the projections for sales tax in the City of Santa Monica to help budget for YY and GS.
2. Financial Benefits of Sustainability - This subcommittee will continue its work in identifying financial benefits associated with sustainability efforts.
3. Bond Oversight - This subcommittee will continue to be involved in evaluating and assisting with District financing issues.
4. Special Education Local Plan Area - This subcommittee will continue to evaluate other Special Education Local Plan Area (SELPA) models and then look at the potential of creating our own District model, strictly from a financial perspective, in that the committee will not be evaluating the efficacy of any of the district programs.

As appropriate, the FOC will report their findings and/or recommendations to the Board in a joint meeting/study session in July 2020. 

It is recommended that the Board of Education approve the increase of $246,322.67 to existing Purchase Order 193734 from the 2018-19 fiscal year for legal counsel regarding environmental concerns at Malibu High School.

Due to the fact that the District has changed financial systems along with the Los Angeles County Office of Education (LACOE), the District is unable to produce a new Purchase Order from the old PeopleSoft financial system for the amount of $246,322.67. Because this Purchase Order is from the 2018-19 fiscal year, payment can not be processed from the new CGI financial system.

Therefore, LACOE is requiring board approval to pay the outstanding amount due against the prior year Purchase Order 193734. Board approval will authorize LACOE to produce a B-Warrant (check) payable to Pillsbury Winthrop Shaw Pittman, LLP for legal counsel services rendered for the period of May 1, 2019, thru June 30, 2019. 

It is recommended that the Board of Education approve Contract Amendment #13 with Converse Consultants to provide additional environmental assessment services for John Adams Middle School - Performing Arts Center Project in an amount not to exceed $4,250.00 for a total contract amount of $300,320.50.

The scope of this amendment will cover the cost of providing additional environmental assessment services to update to the original Phase I and Phase II documentation for submission to DTSC for approval as required to apply for state funding.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: ES
• Account Number:  87-90907-0-00000-85000-5885-011-2600
• Budget Category: Soft Costs / Testing & Inspection / Materials Lab

MEASURE ES FUNDING:

• Original Contract – Cabrillo ES: $14,560.00
• CA#01 – LMS, Field & Track: $12,050.00
• CA#02 – LMS, Field & Track: $8,995.00
• CA#03 – Roosevelt ES & Webster ES, WPFD: $74,880.00
• CA#04 – JAMS, PAC: $15,190.00
• CA#04A – Rogers ES WPFD: $34,890.00
• CA#05 – JAMS, PAC: $3,460.00
• CA#06 – JAMS, PAC: $6,451.80
• CA#07 – JAMS, PAC Geotech survey: $3,444.20
• CA#08 – JAMS, PAC Geotech work plan: $1,495.50
• CA#09 – Franklin ES & Point Dume ES, WFPD+HVAC+FA: $105,304.00
• CA#10 – JAMS, PAC:  $1,500.00
• CA#11 - JAMS, PAC:  $5,305.00 Coring foundation Per DSA requirement
• CA#12 - JAMS, PAC:  $8,545.00 Additional foundation cores in Bldg J required by DSA
• CA#13 – JAMS, PAC: $4,250.00 Additional testing/report preparation required for DTSC
• Total Contract: $300,320.50

It is recommended that the Board of Education approve Contract Amendment #2 with Converse Consultants to provide special inspection services at Malibu Elementary School – Malibu Alignment Project - Temporary Housing in an amount not to exceed $24,931.00 for a total contract amount of $62,071.00.

The Board of Education approved the award of Agreement on 3/07/19 to Converse Consultants for special inspection services to the amount of $22,280.00.

Due to saturated soils in the kindergarten and additional soils testing of the dark colored soils a further $24,931.00 is needed to complete the geotechnical and special inspections in order to certify the project.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source:  Measure ES
• Account Number: 85-90909-0-00000-85000-5885-019-2600
• Budget Category: Soft Costs\Testing & Inspection\Materials Lab

MEASURE ES FUNDING:

• AWARD OF AGREEMENT – Malibu ES – Malibu Alignment – Temp. Housing Project: $22,280.00
• CONTRACT AMENDMENT #1 – Webster ES – Malibu Alignment – Temp. Housing Project: $14,860.00
• CONTRACT AMENDMENT #2 – Malibu ES – Malibu Alignment – Temp. Housing Project: $24,931.00
• TOTAL CONTRACT AMOUNT: $ 62,071.00

It is recommended that the Board of Education approve Change Order #08 with McCarthy Building Companies, Inc., for the Malibu Middle & High School - Campus Improvements Project (Phase 3, 4 & 5)  in an amount not to exceed $24,432.25 for a total contract amount of $57,547,605.24.

On February 15, 2018, Santa Monica Malibu Unified School District Board of Education awarded to McCarthy Building Companies, Inc., the Lease-Lease Back (LLB) construction contract for the Malibu Middle High School Campus Improvements Phase 3, 4 & 5 Project in the amount of $54,241,698.00.

The changes for this Change Order #08 (CO-08) include all labor, materials, equipment and related overhead cost for investigating and tracing electrical conduits and procedure 5 abatement for the removal and disposal of asbestos containing transite pipe from existing Building F to future Building E at Malibu Middle High School in the amount of $24,432.25

Funding for Change Order #08 will be through Program Reserve Shortfall.

Funding Information

• Budgeted: No
• Fund: 83
• Source: BB
• Account Number: 83-90500-0-00000-85000-6200-010-2600
• Budget Category: Construction Contract

MEASURE ES FUNDING:   

• Original Contract – $54,241,698.00
• Change Order #01 – PCB in Buildings A, B/C: $336,177.47
• Change Order #02 – Milestone Contract Extension: $278,680.00
• Change Order #03 – Woolsey Fire Damage: $139,165.00
• Change Order #04 – Woolsey Fire Time Extension: $0.00
• Change Order #05 – Chilled Water Plant: $2,000,000.00
• Change Order #06 – Abate Asbestos Plaster, paint the woodshop & Storage/Repair water leaks $177,452.52
• Change Order #07 – Woolsey Fire & Rain Damage Claim / Abate Plaster & Paint Removal: $350,000.00
• Change Order #08 – Investigate Electrical Conduit and Procedure 5 Abatement: $24,432.25
• TOTAL CONTRACT AMOUNT: $57,547,605.24

It is recommended that the Board of Education approve Change Order #04 with Angeles Contractor, Inc., for the Malibu Middle & High School - Campus Improvements Project (Parking Lot E & Demolition of Buildings A, B, C & E) in an amount not to exceed ($997,921.57) for a total contract amount of $7,332,472.48.

On March 16, 2017, the Santa Monica-Malibu Unified School District Board of Education awarded a contract to Angeles Contractor, Inc., in the amount $8,248,837.00.

The changes for this Change Order #04 (CO-04) includes all labor, material, equipment and related overhead costs for the work described in this change order to include: 1) COP#053R2 credit for removing fence scope at Parking Lot E and walkways. 2) COP#055 credit for removing demolition of Buildings B/C scope. Additionally, this change order represents credit adjustments for scope of work and punch list items not completed by Angeles at Malibu Middle & High School, DSA #03-113456.

Change Order #04 includes no increase in the contract time.

Funding Information

• Budgeted: No                  
• Fund: 83      
• Source: BB
• Account Number: 83-90500-0-00000-85000-6200-010-2600
• Budget Category: Hard Costs\Construction\Construction Contract
• DSA #: 03-113456

MEASURE ES FUNDING:   

• Original Contract – $8,248,837.00
• Change Order #01 – Utilize Tier 3 Equip in compliance with EIR for Structural Demo Buildings A, B, C &E: $36,561.87
• Change Order #02 – Expansion grading limits to current bid set for grading slopes at Parking Lot E: $20,058.15
• Change Order #03 – Additional miscellaneous work: $24,937.03
• Change Order #04 – Remaining scope of work- punch list, credits, and allowances: ($997,921.57)
• TOTAL CONTRACT AMOUNT: $7,332,472.48

It is recommended that the Board of Education approve Contract Amendment #32 to Leighton Consulting Inc. for Santa Monica High School - Discovery Building Project to provide geotechnical observation and testing services in an amount not to exceed $98,553.00 for total contract amount of $883,631.00.

The District requested a proposal for Leighton Consulting, Inc. (Leighton) to provide earthwork observation and testing during construction of the Discovery Building Project. The Discovery Project shoring wall has been installed and tieback testing is complete. Foundation excavations have been cut to design grade and foundation elements are being formed with the first concrete foundation pours having occurred on June 24 and June 27, 2019. 

Contract Amendment #32 is for Leighton to provide geotechnical observation during spread footing and slab-on-grade subgrade and backfill, exterior flatwork and utility trench soil density testing and documentation. Anticipated tasks for the scope of services consist of RFI responses, subgrade observation and density testing, backfill observation and density testing, project management and project closeout.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90904-0-00000-85000-5802-015-2600
• Budget Category: Soft Costs \ Environmental Tests \ Geo Engineering and Material Testing
• DSA #: 03-118810

MEASURE ES FUNDING:

• ORIGINAL CONTRACT AMOUNT – Campus Plan Project: $16,335
• CONTRACT AMENDMENT #01 – Sealy Field & Stairway & Sidewalk: $8,190
• CONTRACT AMENDMENT #02 – Stairway & Sidewalk Geotech and LOR: $12,370
• CONTRACT AMENDMENT #03 – SCP Phs 1&2 Geotechnical Report: $32,722
• CONTRACT AMENDMENT #04 – Stockpile and Tennis Courts: $23,317
• CONTRACT AMENDMENT #05 – Sealy Field Pjt.: $21,039
• CONTRACT AMENDMENT #06 – Lincoln Track and Field: $47,356
• CONTRACT AMENDMENT #07 – Stair and Ramp: $16,740
• CONTRACT AMENDMENT #08 – Sealy Field: $19,410
• CONTRACT AMENDMENT #09 – Business Bld. Stairway welding/Inspect: $2,693
• CONTRACT AMENDMENT #10 – Archeological Assessment for CEQA: $26,202
• CONTRACT AMENDMENT #11 – Samohi New Ph 1 & 2 subter. pkg: $19,168.00
• CONTRACT AMENDMENT #12 – Native American Monitoring Services for CEQA: $5,160.00
• CONTRACT AMENDMENT #13 – Supplemental Earthworks Testing- Sealy Field: $15,280.00
• CONTRACT AMENDMENT #14 – Pico Gate Welding Inspection: $2,813.00
• CONTRACT AMENDMENT #15 – MHS FIG&D WPFD- Geotech, Inspect, Mat. Test Services: $20,937
• CONTRACT AMENDMENT #16 – Samohi Paleo Report – CEQA: $6,000.00
• CONTRACT AMENDMENT #17 – Lincoln Geotech: $20,395.00
• CONTRACT AMENDMENT #18 – Lincoln MS Geotech Added work: $18,441.00
• CONTRACT AMENDMENT #19 – Samohi Discovery Investigation: $61,332.00
• CONTRACT AMENDMENT #20 – Lincoln MS Geotech Added Work: $45,220.00
• CONTRACT AMENDMENT #21 – Olympic Spur Plan Review: $4,250.00
• CONTRACT AMENDMENT #22 – LMS Geotech: $8,384.00
• CONTRACT AMENDMENT #23 – Samohi: Demo and Utility Bldg: $21,305.00
• CONTRACT AMENDMENT #24 – Samohi: Olympic Spur – Materials: $79,063.00
• CONTRACT AMENDMENT #25 – Samohi: Olympic Spur – Perc Tests: $9,551.00
• CONTRACT AMENDMENT #26 – Samohi: Olympic Spur – Perc Tests: $8,365.00
• CONTRACT AMENDMENT #27 – Malibu: Pt. Dume: $49,936.00
• CONTRACT AMENDMENT #28 – Samohi: Shoring for Discovery: $47,468.00
• CONTRACT AMENDMENT #29 – Samohi HVAC Concrete Pads: $27,650.00
• CONTRACT AMENDMENT #30 – Samohi: Olympic Spur – Materials: $10,000.00
• CONTRACT AMENDMENT #31 – Samohi Discovery – Materials: $77,986.00
• CONTRACT AMENDMENT #32 – Samohi Discovery – Geotec. observation & testing: $98,553.00
• TOTAL CONTRACT AMOUNT: $883,631.00

It is recommended that the Board of Education approve Change Order #03 with Ampco Contracting for the Santa Monica High School – Discovery Building Project - Olympic Spur, for change in scope as detailed below, in the total amount of $23,508.82 for a total contract amount $2,236,993.85 with 0-days of impact to the schedule.

On June 28, 2018, the Board awarded to Ampco Contracting, the Olympic Spur Project, in the amount of $1,997,000.00.

The following is a summary of the scope changes, which are required to improve the scope and provide for added flexibility:

Install additional conduit to create a network loop to enable an additional pathway for data to accommodate future needs; Relocate an existing Musco lighting timer to widen a walkway for ADA compliance; Add a new circuit to upgrade the power supply to the gate motors from 110v to 208v; Provide an additional electrical circuit for guardhouse kiosk; Add an area light fixture on Tennis court fence to improve lighting levels in the drop-off area; and Provide an additional conductor for the Olympic Spur Building fire alarm, connected back to the North Gym.

COR:

• 12 – Extend conduit for network & relocation of existing timer: $8,219.67
• 13 – Additional circuit for guard shack: $2,911.71
• 14 – Additional fixture to perimeter tennis fence & ace to add stanchion: $7,493.34
• 15 – Additional material for Fire Alarm system: $3,008.63
• 16 – Upgrade existing gate motor power: $1,875.47
• Total: $23,508.82

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90904-0-00000-85000-6200-015-2600
• Budget Category: Hard Costs \ Construction Contracts

MEASURE ES FUNDING:   

• ORIGINAL CONTRACT - $1,997,000.00
• CHANGE ORDER #01 - Hand work around fiber optic facility: $16,006.90
• CHANGE ORDER #02 - Change in scope: $200,478.13   
• CHANGE ORDER #03 - Change in scope: $23,508.82 
• TOTAL CONTRACT AMOUNT: $2,236,993.85 

It is recommended that the Board of Education accept as completed all work contracted for the indicated Purchase Orders. 

• Project: FIP Office Expansion
• Funding: Measure ES                        
• Vendor Name: Coustic-Glo
• PO Number: 193830
• Amount: $28,915.00
• Substantial Completion Date: 07/04/19

A Notice of Completion must be recorded for Purchase Orders over $25,000 and within thirty-five (35) days with the County of Los Angeles pending approval by the Board of Education. 

It is recommended that the Board of Education approve Contract Amendment #02 with Element Consulting, Inc. for the ongoing Construction Management Services Agreement – Malibu Middle High School - Campus Improvements Project in an amount not to exceed $1,530,459 for a revised contract total of $5,719,998.

Construction of the MMHS Campus Improvements Project is well underway, but was significantly delayed due to the Woolsey Fire, the following rain, mudflows, flooding, and subsequent damage restoration and clean-up.  Additional unforeseen conditions, primarily surrounding the discovery and subsequent remediation of previously unknown PCBs, have resulted in additional construction delays.  The current project schedule now reflects a project completion date of August 31, 2020.  As such it is necessary to extend the agreement for construction management services.

The District has requested, and Element has provided, a proposal for extended construction management services.  The proposed Contract Amendment #02 would extend the Element services through March 31, 2021, to accommodate construction and contract closeout, and would increase the fee by $1,530,459, for a total contract amount of $5,719,690, funded from Measure BB Program Reserve Shortfall.

Funding Information

• Budgeted: No
• Fund: 83
• Source: BB
• Account Number: 83-90500-0-00000-85000-5802-010-2600
• Description: Construction Management
• Budget Category: Soft Costs/Construction Management

MEASURE BB:

• ORIGINAL AGREEMENT AMOUNT: $1,618,773.00
• CONTRACT AMENDMENT #01: (Increase staffing and duration) - $1,537,974.00
• CONTRACT AMENDMENT #02: (Increase duration) - $1,530,459.00     
• TOTAL MEASURE BB REVISED CONTRACT AMOUNT: $4,687,206.00

MEASURE ES:

• CONTRACT AMENDMENT #01 (Malibu WFP) $1,032,792.00
• TOTAL ELEMENT CONTRACT AMOUNT: $1,032,792.00
  

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

Unless otherwise noted, all items are included in the 2019-2020 approved budget.

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

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

It is recommended that the Board of Education approve a 1.0 FTE increase for a High School Assistant Principal to support the Personalized Project-Based Learning Pathway program and students.

The 2019-2020 budget will be adjusted $163,659 for salary and benefits.

It is recommended that the Board of Education approve an increase in Child Development Services Teacher FTEs (0.375 FTE), as indicated below in order to best serve student needs for the 2019-2020 school year.

The 2019-2020 budget will be adjusted $34,490 for salary and benefits.

• School Age Teacher - from 4 hours (0.50 FTE) to 5.5 hours (0.6875 FTE) - Grant Elementary
• School Age Teacher - from 4 hours (0.50 FTE) to 5.5 hours (0.6875 FTE) - Edison Elementary

It is recommended that the Board of Education approve an increase in FTEs (2.25 FTE), as indicated below in order to meet IEP requirements and student needs for the 2019-2020 school year.

The 2019-2020 budget will be adjusted $122,032 for salary and benefits.

• ParaEducator 1 - new position/6 hours (0.75 FTE) - Grant Elementary
• ParaEducator 3 - new position/6 hours (0.75 FTE) - Lincoln Middle School
• ParaEducator 3 - new position/6 hours (0.75 FTE) - John Adams Middle School

It is recommended that the Board of Education approve the formation of a local Committee on Assignments.

Education Code 44258.7 allows a full-time teacher(s) with special skills and preparation outside his/her/their credential authorization to be assigned to teach in an elective area of his/her/their special skills in a full-time assignment, provided the assignment is approved by the local Committee on Assignments.

Districts making assignments under this subdivision shall submit a plan to the LACOE Superintendent, which shall include statements signed by SMMUSD’s Superintendent and Board of Education President, approving the establishment of the committee; procedures for selection of the committee membership; terms of office for committee members; and criteria for determining teachers’ qualifications for these assignments.

Committee Membership and Terms

Membership shall include an equal number of teachers and administrators.  Prior to the end of each school year, elections will be held to determine committee membership.  The first year, teachers will elect three (3) teachers to serve, and administrators will elect three (3) administrators to serve. One teacher and one administrator will serve a one-year term the first year.  There is no limit to the number of times a member may be reelected to serve on the committee.

Committee members will serve two-year terms, staggered, so that one teacher and one administrator will be elected to serve on the committee each year. 

Criteria for determining teachers’ qualifications for these assignments

Candidates who meet at least three of the general or elective-specific criteria listed below qualify to be recommended for a local authorization.  General criteria may include, but are not limited to, any of the following:

• Observation by subject matter specialists
• Oral interviews
• Demonstration lessons
• Written examinations
• Completion of coursework
• Excellent evaluations (teaching, regardless of subject)

Criteria specific to elective courses (including STEM courses) may include, but are not limited to:

• Successful completion of specific training programs
• Related subject-area or career-field experience
• Elective course teaching experience

It is recommended that the Board of Education approve the stipulated expulsion and consider suspending enforcement, per the stipulated agreement, for student (DOB: 6/19/2007; ID: 130800). 

The Superintendent of the Santa Monica-Malibu Unified School District has recommended the stipulated expulsion based on the student’s violation of Education Code Section 48900(f), 48900(K), and 48915(b)(2).

It is recommended that the Board of Education expel the student, but suspend enforcement of the expulsion and allow the student to remain at their home school of residence for two semesters, the Fall 2019 semester, and all of Spring 2020 semester while the student satisfies the terms of the Rehabilitation Contract. The term of expulsion would end on June 10, 2020.  The expulsion action is due to the student violating the following Education Codes:

• 48900 (f) Caused or attempted to cause damage to school property or private property.
• 48900 (k) Disrupted school activities or otherwise willfully defied the valid authority of school personnel.
• 48915 (b)(2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

The Santa Monica-Malibu Unified School District will reinstate the student as a student in good standing if the terms of the Rehabilitation- Reinstatement Contract are fulfilled during the two- semester period of expulsion from August 2, 2019 – June 10, 2020.

If approved, during the period of the suspended enforcement, the student will be on probationary status. If any conditions of the agreement are not met, or if there are any violations of California Education Code, the suspension of the expulsion order will be revised by the Superintendent or her designee without further hearing or proceeding and referred to the Board of Education for reinstatement of the original expulsion.

It is recommended that the Board of Education approve the stipulated expulsion and consider suspending enforcement, per the stipulated agreement, for student (DOB: 1/10/2007; ID: 130830). 

The Superintendent of the Santa Monica-Malibu Unified School District has recommended the stipulated expulsion based on the student’s violation of Education Code Section 48900(f), 48900(K), and 48915(b)(2).

It is recommended that the Board of Education expel the student, but suspend enforcement of the expulsion and allow the student to remain at their home school of residence for two semesters, the Fall 2019 semester, and all of Spring 2020 semester while the student satisfies the terms of the Rehabilitation Contract. The term of expulsion would end on June 10, 2020.  The expulsion action is due to the student violating the following Education Codes:

• 48900 (f) Caused or attempted to cause damage to school property or private property.
• 48900 (k) Disrupted school activities or otherwise willfully defied the valid authority of school personnel.
• 48915 (b)(2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

The Santa Monica-Malibu Unified School District will reinstate the student as a student in good standing if the terms of the Rehabilitation- Reinstatement Contract are fulfilled during the two- semester period of expulsion from August 2, 2019 – June 10, 2020.

If approved, during the period of the suspended enforcement, the student will be on probationary status. If any conditions of the agreement are not met, or if there are any violations of California Education Code, the suspension of the expulsion order will be revised by the Superintendent or her designee without further hearing or proceeding and referred to the Board of Education for reinstatement of the original expulsion.

It is recommended that the Board of Education approve the stipulated expulsion and consider suspending enforcement, per the stipulated agreement, for student (DOB: 3/13/2007; ID: 130828). 

The Superintendent of the Santa Monica-Malibu Unified School District has recommended the stipulated expulsion based on the student’s violation of Education Code Section 48900(f), 48900(K), and 48915(b)(2).

It is recommended that the Board of Education expel the student, but suspend enforcement of the expulsion and allow the student to remain at their home school of residence for two semesters, the Fall 2019 semester, and all of Spring 2020 semester while the student satisfies the terms of the Rehabilitation Contract. The term of expulsion would end on June 10, 2020.  The expulsion action is due to the student violating the following Education Codes:

• 48900 (f) Caused or attempted to cause damage to school property or private property.
• 48900 (k) Disrupted school activities or otherwise willfully defied the valid authority of school personnel.
• 48915 (b)(2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

The Santa Monica-Malibu Unified School District will reinstate the student as a student in good standing if the terms of the Rehabilitation- Reinstatement Contract are fulfilled during the two- semester period of expulsion from August 2, 2019 – June 10, 2020.

If approved, during the period of the suspended enforcement, the student will be on probationary status. If any conditions of the agreement are not met, or if there are any violations of California Education Code, the suspension of the expulsion order will be revised by the Superintendent or her designee without further hearing or proceeding and referred to the Board of Education for reinstatement of the original expulsion.

It is recommended that the Board of Education replace BP 4119.26 – Student and Staff Interaction (formerly known as Non-fraternization with Students).

Staff is proposing replacing BP 4119.26 with a more expansive BP and a new AR that afford greater protection for students and staff.  Sexual misconduct against students perpetrated by school employees has become a national problem and is reflective of the growing sexual abuse against children that has developed within the nation.  Research conducted by the Centers for Disease Control (CDC) estimates that approximately 1 in 6 boys and 1 in 4 girls are sexually abused before the age of 18.  According to a U.S. Department of Education report an estimated 1 in 10 students will experience sexual misconduct perpetuated by a school employee by the time they graduate from high school.

The prevention of sexual misconduct call for the establishment of a policy the does the following:

• Sets clear behavioral boundaries when interacting with students
• Outlines clear responsibilities for reporting boundary violations and sexual misconduct
• Provides for employee training on policy objectives, responsibilities, and consequences for non-compliance.

These changes were discussed at the July 18, 2019, board meeting.

It is recommended that the Board of Education revise BB 9240 – Board Training Development.

As a means of addressing deficit spending in our district, staff and the Board of Education are examining all aspects of the budget to identify reductions.  The proposed changes to BB 9240 speak to the part of the district budget that includes expenditures for professional development opportunities for board members. 

The board discussed these changes at the July 18, 2019, board meeting.  Following the discussion, the board agreed to:

• amend the language to revise the specific list of conferences pre-approved for board members
• increase the individual allotment to $2K
• a process by which educational opportunity requests receive approval from the board as a whole
• a process by which a board member submits a request from the board as a whole to attend an educational opportunity if they have exceed their individual allotment

Staff will create a pre- and post-conference form for board members to complete with the rationale for attending a conference as well as a means for providing a post-conference report to their peers. 

These new changes are in bold font in the attached document.

It is recommended that the Board of Education consider revising BP and AR 3551 – Food Service Operations/Cafeteria Fund.

The policy and regulation have been updated to reflect new federal guidance (U.S. Department of Agriculture Memorandum SP 46-2016 and SP 23-2017), which mandates any district participating in the National School Lunch and/or Breakfast Program to adopt a written policy on meal charges, including the collection of delinquent meal charge debt, no later than July 1, 2017, and to annually communicate that policy to parents/guardians.  The policy and regulation also reflect new state guidance (California Department of Education Management Bulletin SNP-03-2017), which requires district policy to ensure that students with unrecovered or delinquent meal charge debt are not overtly identified, requires that debt collection efforts are consistent with specified cost principles, and establishes conditions for reclassifying unpaid debt as bad debt. The policy has also been revised to reflect the Buy American provision of federal regulations which requires districts, to the maximum extent practicable, to purchase domestically grown and processed foods.  The policy has also been updated to reflect new law (SB 250), which requires districts to make their meal charge policy public and ensure that students with unpaid meal fees are not shamed or treated differently than other students. The section on "Procurement of Foods, Equipment, and Supplies" reflects new law (SB 730), which requires the California Department of Education (CDE) to provide information about the Buy American provision; new law (AB 822), which requires a preference for California-grown agricultural products with specified exceptions; and new law (SB 544), which clarifies that procurements in federally funded nutrition programs are subject to the procurement standards of the federal Uniform Guidance.

The regulation has been updated to reflect provisions of SB 250, which require districts to notify parents/guardians within 10 days of a negative balance in their child's school meal account and to exhaust all options to enroll the student in the free and reduced-price meal program if he/she is eligible.  The regulation also adds a new section reflecting new law (SB 557), which authorizes donation of unused, unopened foods to a food bank or other nonprofit charitable organization.

Staff anticipates that this item will require a total of 15 minutes, with 10 minutes for the staff report and 5 minutes for board member questions/comments.

It is recommended that the Board of Education consider revising BP and AR 3553 – Free and Reduced Price Meals.

The policy has been updated to reflect new law (SB 138), which requires districts to apply by September 1, 2018, for a federal universal meal service for "very high poverty schools," as defined, for the purpose of providing breakfast and/or lunch free of charge to all students enrolled at the school.  An exception exists for districts whose board adopts a resolution stating the district is unable to comply due to fiscal hardship.

The regulation has been updated to reflect a provision of SB 138, which requires direct certification of students' eligibility for free or reduced-price meals based on their Medi-Cal participation.

In both the policy and regulation, the section related to confidentiality and allowable purposes for sharing students' free and reduced-price meal eligibility information revised to reflect the elimination of Title I program improvement.

Staff anticipates that this item will require a total of 15 minutes, with 10 minutes for the staff report and 5 minutes for board member questions/comments.

The board will consider and discuss naming the Santa Monica High School track after Teacher / Coach Patrick Cady.

Mr. Cady passed away in June 2019. Samohi and the community have expressed interested in this dedication to honor Coach Cady, who worked for Samohi for 34 years, retiring in 2008. He was a social studies teacher and track / cross-country coach.

Coach Cady was a beloved Samohi teacher and coach who positively impacted the lives of hundreds of students and staff members, and involved in the greater Santa Monica and Malibu communities. He and his wife, Linda, resided in Malibu. Mr. Cady ran for SMMUSD Board of Education in 2010, but did not win; however, he continued to make a great impact on both communities.

If the board agrees to move forward with the renaming, it will be brought forward for board approval on August 15. 

As per BP 7310 – Naming of Facilities, the Board of Education may name district facilities/spaces after “individuals, living or deceased, who have made outstanding contributions to the county or community.”

It is recommended that the Board of Education approve a memorandum of understanding with the Los Angeles County Office of Education (LACOE) for the Community Schools Initiative at Santa Monica High School.

SMMUSD was chosen as one of 15 districts to participate in the Community Schools Initiative through LACOE.  The purpose of the initiative is to build equity for students by highlighting areas of need and leveraging community resources so that students are healthy, prepared for college, and career and civic ready.  The goals are to improve the academic, emotional, and physical well-being of participating students so they improve their educational outcomes.  The four key goals are:

1. An increase in graduation rates.
2. A decrease in chronic absenteeism and dropout rates.
3. A reduction in suspensions.
4. An increase in family engagement.

More information can be found in the attached presentation provided by LACOE.

The initiative is being funded by LACOE.

Staff anticipates that this item will require a total of 15 minutes, with 7 minutes for the staff report and 8 minutes for board member questions and comments.

The MOU will be attached prior to the board meeting. 

This is to inform the Board of Education that AR 4119.26 – Student and Staff Interaction (formerly known as Non-fraternization with Students) has been adopted.

Staff is proposing replacing BP 4119.26 with a more expansive BP and a new AR that afford greater protection for students and staff.  Sexual misconduct against students perpetrated by school employees has become a national problem and is reflective of the growing sexual abuse against children that has developed within the nation.  Research conducted by the Centers for Disease Control (CDC) estimates that approximately 1 in 6 boys and 1 in 4 girls are sexually abused before the age of 18.  According to a U.S. Department of Education report an estimated 1 in 10 students will experience sexual misconduct perpetuated by a school employee by the time they graduate from high school.

The prevention of sexual misconduct call for the establishment of a policy the does the following:

• Sets clear behavioral boundaries when interacting with students
• Outlines clear responsibilities for reporting boundary violations and sexual misconduct
• Provides for employee training on policy objectives, responsibilities, and consequences for non-compliance.

The board discussed these changes at the June 18, 2019, meeting.  

It is recommended that the Board of Education adopt the attached list of instructional materials to support our Elementary Music Program, grades 4-5.

This edition of the current music books are aligned with the CA Visual and Performing Arts standards (VAPA) standards. 

Funding is reserved annually for elementary music textbooks.

This book was vetted and reviewed by all elementary music staff. The book contains the content from previous editions and adds a large amount of additional support materials and access to Smart Music which will allow teachers to use the resources with Smart Boards.  

The recommendation to adopt is based on a team review of materials:

• Tom Whaley, VAPA Coordinator
• Kirsten Bersch, Ryan Rowles, and Jessi Spike Gravelle, Elementary Music Teachers

It is recommended that the Board of Education approve the three-year College and Career Access Pathways agreement between Santa Monica College and Santa Monica-Malibu USD.

AB 288 established the College and Career Access Pathways Act to authorize California Community College districts to enter into formal partnership agreements with local school districts to expand access to concurrent enrollment opportunities for high school students. The partnership agreement outlines the terms of their partnership, such as the schedule of eligible courses that can be offered, thresholds for the academic readiness of pupils, protocols for sharing revenue and joint facilities use, etc.

The only changes to the agreement between Santa Monica College and the Santa Monica-Malibu USD are noted in the appendix.  The appendix includes the courses that will be offered to SMMUSD high school students for the 2019-20 school year. This appendix will be updated on a yearly basis to reflect the courses offered to SMMUSD students.

This item will return for action on August 15, 2019.

This meeting will adjourn to a regular meeting scheduled for Thursday, August 15, 2019, at 5:30 p.m. at the district office: 1651 16th St., Santa Monica, CA.