Public comment regarding closed session items will be received before the Board goes into closed session.

Information concerning the consent items listed below have been forwarded to each Board member prior to this meeting for study.

Unless some member of the community (see Period for Public Presentation) or Board member has a question concerning an item and asks that it be withdrawn from the consent list, the items are approved at one time by the Board.  The action taken by the Board in approving consent items is set forth in the explanation of the individual items.

In response to the Governor's Executive Order N-25-20 and Resolution 19/20-17 Delegating Authority to Take Necessary Action to Protect Students and Staff from the Spread of Coronavirus (COVID-19), adopted by the Modesto City Schools (MCS) on March 18, 2020, the MCS Board Meetings are closed to the public until further notice in accordance with state guidelines on social distancing.  

New Process for Making Public Comments (as of 3/26/20)

We value your comments and have created several options to ensure your voice is heard:

By Email: Members of the public are encouraged to submit public comments via email at PublicComment@MCS4kids.com. Comments must be received by Noon (12:00 p.m.) on the day of the Board meeting. Please limit your comment to 250 words or less.

By Phone: If you are unable to email a public comment, please leave a phone message with your question or comment at (209) 574-1525 prior to Noon (12:00 p.m.) on the day of the Board meeting. Please limit your comment to 250 words or less.

Note: Public Comments received in Spanish will be translated.

Public Comments may be read into the record based upon factors like the length of the agenda and the number of comments received. Public Comments via email or phone must be received by noon (12:00 p.m.) on the day of the Board meeting. All comments that are read into the record will be added to the minutes and approved at a subsequent Board meeting.

For Public Comment (submitted by email or phone), please provide the following:

1. Name
2. Phone number – (in case we need further clarification)
3. Address – optional
4. Affiliation (if any)
5. Topic or Item on the agenda you wish to address (please limit your comment to 250
     words or less)

3.2:  Promote outstanding students, families, staff, programs, schools, and community partners.

1. Planet Fitness, 2 cable towers with attachments, 1 smith machine with plates, 3 adjustable benches, 1 dumbell weight tree with dumbells to 50 lbs., 1 abdominal machine and 1 pull up machine, to La Loma Junior High School for physical education.Estimated Value: $5,000.00.
2. Hoybjerg Family Orthodontics, library books, basketball, footballs, soccer balls, to Mark Twain Junior High.Estimated Value: $1,000.00.
3. Modesto Quarterback Club, $750.00 to Beyer High School Football Program.
4. Roberts Auto Sales:
   • $1,000.00 to Beyer High School Cheer
   • $400.00 to Beyer High School Leadership
5. Bankrol Hayden Co., LLC, Basketball game shoes to Davis High School Boys Basketball.Estimated Value:$1,892.00.
6. Thomas Roy Harney, $600.00 to Davis High School for 3 Scholarship Awards.                
7.  Damon J. Franzia, $800.00 to Davis High School.
8.  Lori Norris, $7,500.00 to Davis High School for Nursing Student Scholarships.
9.  Miller Foundation, $7,500 to Davis High School Scholarship Donation.
10.  Claudia Hughes, $500.00 to Downey High Schools for the Daniel.
11.  Ellen Jane Wisnom, $7,500.00 to Modesto High School for the G. Ray Wisnom Scholarships.

It is recommended that the Board of Education approve the acceptance of gifts with appreciation as listed above.

The Board adopted the 2019/20 budget on June 24, 2019.  Adjustments to the budget are made regularly based on known changes to revenue or the level/category of expenditures.

4.1 Implement sustainable plan for the budget under the Local Control Funding Formula.

The Education Code requires that the Board approve major changes to the adopted budget.

Budget adjustments which have been processed for the period between January 1, 2020 and January 31, 2020 are presented in the following reports.  Explanations are provided for adjustments over $25,000 for revenue and expenditure groups by fund.  This report reflects adjustments to the budget only, not a complete financial statement.  Copies of the full report are available for review in the Budget Department.

The adjusted budget retains all State and Board designated reserves.

It is recommended that the Board of Education approve the January revisions to the adopted 2019/20 budget.

The District hired a consultant to conduct a roof envelope review. That review has shown that the following sites are in need of roof work: Davis and Beyer High Schools and Kirschen Elementary School.

4.3 Invest in school facilities and infrastructure for safe and clean facilities.

With funding identified, it is recommended that the project be authorized for competitive bid in accordance with Public Contract Code.  All public works projects over $65,000 must be competitively bid.

It is proposed that this project be advertised for bid in the Modesto Bee.

Purchases are required for various supplies, commodities or services during the course of each year.

Goal Four: Ensure the District is fiscally and operationally sound.

The cost to purchase various supplies, commodities or services each year exceeds the current bid threshold and competitive bids must be sought or identified to meet formal bid requirements per Public Contract Code Section 20111(a).

Existing contracts are in place for the purchase of certain supplies, commodities or services for each fiscal year. On May 13, 2019, the Board of Education approved authorization to renew specific contracts with specific vendors for the 2019-20 fiscal year. Throughout the year, additional cooperative or “piggy-backable” contracts are made available and require Board approval to utilize. Cooperative or “piggy-backable” contracts meet bidding requirements and are utilized to achieve greater cost savings. 

Monterey County Office of Education (MCOE), in cooperation with the CalSave program, awarded a public bid contract (Bid # AEPA IFB-018-D) to School Specialty, Inc. The MCOE contract, through the CalSave program, is valid until February 28, 2021 and contains cooperative purchase language to allow for multiple public agency use as required by provision 20118 of the Public Contract Code. 

Upon review, it is staff’s determination that the District would derive more benefit by utilizing this cooperative contract to purchase and install various classroom furniture, supplies, furnishings and equipment than to seek separate bids.

 4.3 Invest in school facilities and infrastructure for safe and clean facilities.

On November 6, 2018, the voters within the boundaries of the Modesto City Elementary School District passed the General Obligation Bond Measures D and E.  In May 2019, the District sold $27,000,000 of bonds between the two measures.

According to Education Code 15286 which is consistent with the provisions contained in subparagraphs (C) and (D) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, when Proposition 39 bonds are sold, the District is required to have annual, independent financial and performance audits conducted for the preceding fiscal year.  The audits shall be submitted to the bond citizens oversight committee at the same time the audits are submitted to the school district, no later than March 31 of each year.

The District has contracted with EideBailly LLP to conduct the audits.  The auditor has completed the audits.  The auditor’s opinion on the financial statements is a clean opinion. The results of the performance audit indicate that the District expended Building Fund (Measures D and E) funds only for the specific projects approved by the voters. 

On March 11, 2020, the Citizen Bond Oversight Committee reviewed the audits and recommended the Board of Education approve the audits.

The audit reports are attached for your review.  A positive communication from the auditor to the Board of Education and Bond Citizen Oversight Committee is also included in the  attachment and states there were no findings or issues during the audit.

It is recommended that the Bond Citizens Oversight Committee approve the recommendation to the Board of Education for the approval of the Financial and Performance Audits of the Building Fund (Measures D and E) as of June 30, 2019.

Purchase orders and VISA payments are tracked each month.  

Goal Four: Ensure the District is fiscally and operationally sound.

Board Policy 3300 requires Board review of all individual purchase orders issued in excess of $1,000 and all purchase orders less than $1,000 by fund total.  All purchases are done in accordance with Board Policy, Education Code, Public Contract Code, and/or other applicable regulatory requirements.

Each year Modesto City Schools Board of Education has approved the agreements between Modesto City Schools and Licensed Family Child Care Providers to offer services for children enrolled in the Family Child Care Program funded by the General Child Care contract (CCTR-7300) with the State of California.

In order to expand and meet funded enrollment targets for child care and development services for children enrolled in the Family Child Care Program, agreements with an additional provider must be approved. 

Goal One: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.

Goal Three: Provide a safe, welcoming, and respectful learning environment for every member of the school community while ensuring effective district-wide communication for students, staff, families, and community partners.

3.2 Promote outstanding students, families, staff, programs, schools, and community partners.

The Modesto City Schools Board of Education will approve the 2019/2020 agreement with Susana Juarez, Licensed Family Child Care Provider.  A copy of the agreement will be available upon request in the Business Services office.

School sports physicals are mandatory for student athletes who participate in high school sports.  High school athletic departments and Doctors Medical Center, through a collaborative effort with California Rehabilitation since 2015-2016, have offered, for a fee, a clinic where student athletes can receive their sports physical.  The students also have the option of having their personal health care provider perform the physical.

1.5  Ensure students have access to enrichment activities at all school sites.

Modesto City Schools partners with Doctors Medical Center to provide sports physicals.  These are performed by California Rehabilitation providers for students who present to a California Rehabilitation clinic.  California Rehabilitation also provides trainers and supplies at high school sports practices and games.  A Services Agreement has been established with California Rehabilitation to provide the aforementioned services.  A copy of the Services Agreement can be reviewed in the office of School Leadership.

It is recommended that the Board of Education approve the Services Agreement with California Rehabilitation for School Sports Physicals and Services for 2020-2021.

Modesto City Schools' ongoing effort is to ensure our Board Policies (BP), Administrative Regulations (AR), and Board Bylaws (BB) are up to date.

Goal Three: Provide a safe, welcoming, and respectful learning environment for every member of the school community while ensuring effective district-wide communication for students, staff, families, and community partners.

It was found that the following Board Policy needed to be revised or adopted : BP 5141.52, Suicide Prevention.

Modesto City Schools' ongoing effort is to ensure our Board Policies (BP), Administrative Regulations (AR), and Board Bylaws (BB) are up to date.

Goal Three: Provide a safe, welcoming, and respectful learning environment for every member of the school community while ensuring effective district-wide communication for students, staff, families, and community partners.

It was found that the following Board Policy needed to be revised or adopted: BP 6146.4, Differential Graduation and Competency Standards for Students with Disabilities.

School sports physicals are mandatory for student athletes who participate in high school sports.  High school athletic departments and Doctors Medical Center, through a collaborative effort with California Rehabilitation since 2015-2016, have offered, for a fee, a clinic where student athletes can receive their sports physical.  The students also have the option of having their personal health care provider perform the physical.

1.5  Ensure students have access to enrichment activities at all school sites.

Modesto City Schools partners with Doctors Medical Center to provide sports physicals.  These are performed by California Rehabilitation providers for students who present to a California Rehabilitation clinic.  California Rehabilitation also provides trainers and supplies at high school sports practices and games.  A Services Agreement has been established with California Rehabilitation to provide the aforementioned services.  A copy of the Services Agreement can be reviewed in the office of School Leadership.

Doctors Medical Center will collect from each student $25 for each sports physical.  The money will be donated to each student's comprehensive high school Associated Student Body account.  Modesto City Schools will pay California Rehabilitation $25,000 to offset their costs of providing trainers at sports activities.  The funding source has been identified as Local Control Funding Formula - Local Control and Accountability Plan (32B0).

It is recommended that the Board of Education ratify the Services Agreement with California Rehabilitation for School Sports Physicals and Services for 2019-2020.

                                                             Previously Paid        Current Payment       Balance Due

J.L. Bray & Son, Inc.

District Office Lobby

& Staircase Remodel

Contract Price: $593,000                        $9,861.03                   $172,857.92            $410,281.05

Certificate No: 2

The Memorandum of Understanding between Modesto City Schools (District) and Aspire University Charter School (Charter School), provides for the preparation of an annual performance report to District Board of Trustees each year. The specific date of the performance report is to be mutually agreed upon between the District and the Charter School.

1. Goal One: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.

4. Goal Four: Ensure the District is fiscally and operationally sound.

The performance report shall include all information necessary to demonstrate that the Charter School is meeting the applicable accountability standards and legal requirements as defined by the State of California, the Charter School, and the MOU, and operating in a legally compliant and fiscally responsible manner for the (then) current school year. The performance review report shall also include, among other things:

• A review of budget and financial status including discussion of any debt incurred by Aspire University on behalf of the Charter School
• A report of the educational program being delivered at the Charter School
• Analysis of whether student performance is meeting the goals specified in the charter using the data displayed on a school-wide basis and disaggregated by major racial and ethic categories, socio-economic status, English learner status, and/or disability.

Aspire University Charter School has submitted their annual programmatic/performance audit report for the Board of Trustees review.

The Memorandum of Understanding between Modesto City Schools (District) and Aspire Vanguard Charter School (Charter School), provides for the preparation of an annual performance report to District Board of Trustees each year. The specific date of the performance report is to be mutually agreed upon between the District and the Charter School.

1. Goal One: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.

4. Goal Four: Ensure the District is fiscally and operationally sound.

The performance report shall include all information necessary to demonstrate that the Charter School is meeting the applicable accountability standards and legal requirements as defined by the State of California, the Charter School, and the MOU, and operating in a legally compliant and fiscally responsible manner for the (then) current school year. The performance review report shall also include, among other things:

• A review of budget and financial status including discussion of any debt incurred by Aspire Vanguard on behalf of the Charter School
• A report of the educational program being delivered at the Charter School
• Analysis of whether student performance is meeting the goals specified in the charter using the data displayed on a school-wide basis and disaggregated by major racial and ethic categories, socio-economic status, English learner status, and/or disability.

Aspire Vanguard Charter School, has submitted their annual programmatic/performance audit report for the Board of Trustees review.

The Memorandum of Understanding between Modesto City Schools (District) and Connecting Waters Charter School, Central Valley (Charter School), provides for the preparation of an annual performance report to District Board of Trustees each year. The specific date of the performance report is to be mutually agreed upon between the District and the Charter School.

1. Goal One: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.

4. Goal Four: Ensure the District is fiscally and operationally sound.

The performance report shall include all information necessary to demonstrate that the Charter School is meeting the applicable accountability standards and legal requirements as defined by the State of California, the Charter School, and the MOU, and operating in a legally compliant and fiscally responsible manner for the (then) current school year. The performance review report shall also include, among other things:

• A review of budget and financial status including discussion of any debt incurred by Connecting Waters on behalf of the Charter School
• A report of the educational program being delivered at the Charter School
• Analysis of whether student performance is meeting the goals specified in the charter using the data displayed on a school-wide basis and disaggregated by major racial and ethic categories, socio-economic status, English learner status, and/or disability.

Connecting Waters Charter School, Central Valley, has submitted their annual programmatic/performance audit report for the Board of Trustees review.