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Board of Education Agenda 1448th Regular Meeting
Modesto City Schools
July 27, 2020 6:00PM
Board of Education - Virtual Meeting

A. INITIAL MATTERS
Attachments:
Board Agenda 7-27-20 English
Board Agenda 7-27-20 Spanish
A.1. Call to Order - 5:15 p.m.
Rationale:

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) Board of Education on March 18, 2020, the MCS Board Meetings are closed to the public until further notice in accordance with state guidelines on social distancing. MCS Board Meetings are live-streamed and recorded, and available for viewing at 

https://www.youtube.com/channel/UCx2lVxxHimgkPPgJqz3iygw/live     

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. Only the first 250 words of your comment will be read. 

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. 
Only the first 250 words of your comment will be read. 

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.

Board meeting will be translated in Spanish: Please dial 1+ (805) 324-7680 (toll free) Conference ID: 165 982 526#

 
A.2. Closed SessionConfidential agenda item.
Quick Summary / Abstract:

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

A.2.1. Public Employee Discipline/Dismissal/ReleaseConfidential agenda item.
A.3. Moment of Silence - 6:00 p.m.
A.4. Pledge of Allegiance
A.5. Superintendent's Welcome/Announcements
A.6. Board of Education Members Reports
A.7. Approval of Consent Agenda
Quick Summary / Abstract:

Information concerning the consent items listed below has been forwarded to each Board member prior to this meeting for study and is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street; Modesto City Schools Superintendent’s Office and Receptionist’s Desk, 426 Locust Street, Modesto.

Copies of the complete agenda are available at the Board meeting, 425 Locust Street. Unless some member of the audience 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.

A.8. Approval of Order of Discussion/Action Items
A.9. Period for Public Presentations
Quick Summary / Abstract:

Board Bylaw 9322 (b):

Members of the public may address the Board of Education on matters not on the agenda.

Complaints against specific District employees should be resolved through the District’s Personnel Complaint Procedure. The right to address the Board does not exempt the speaker from any potential liability for defamation. The proceedings of the Board are recorded and are a part of the public record.

The Period for Public Presentation is limited to 30 minutes. Time will be allotted equally to individuals based on the number of request cards submitted.  The maximum for any one speaker is three minutes.

The law limits the response of Board members and prohibits the Board from taking any formal action.

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) Board of Education 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. Only the first 250 words of your comment will be read.

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. Only the first 250 words of your comment will be read.

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. Affiliation (if any)
3. Phone number (in case we need further clarification)
4. Address – optional
5. Topic or Item on the agenda you wish to address
(only the first 250 words of your comment will be read)
B. DISCUSSION AND ACTION ITEMS
B.1. (10 mins) Public Hearing and Approval of Resolution No. 20/21-01, Increasing School Facilities Fees for Inflation in Accordance with the Determination of the State Allocation Board at its January 22, 2020 Meeting
Speaker:
Duane Wolterstorff
Rationale:

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

At the end of the 1986 legislative session, the State Legislature passed and the Governor signed a package of bills covering financing of school facility construction.  One of those bills, AB 2926, authorized school districts to impose a developer fee to help finance school construction.  On January 2, 1987, school districts in the Modesto area took action to implement fees of $1.50 per square foot on residential construction and $.25 per square foot on commercial/industrial construction.  Fees are increased every other year by the State Allocation Board for inflation and are currently $3.79 per square foot for residential and $.61 per square foot for commercial/industrial.

Based on the January 22, 2020 adoption by the State Allocation Board of an inflationary increase to $4.08 per square foot for residential construction fees and $.66 per square foot for commercial/industrial fees, the proposed adoption of revised developer fees must be considered by the Board of Education.

Any fee adopted or increased by a local agency is effective after a sixty-day waiting period, except for emergency measures.  Staff has determined that no significant adverse impact on the public health, welfare and safety within the District can be demonstrated due to these fee increases which would justify an emergency measure.  Therefore, these revised fees will be effective beginning September 28, 2020.  In the interim, the current fees will remain in effect.

As documented in the School Facilities Fee Plan updated as of March 2020, the new allowable fee of $4.08 per square foot for residential development will be split 40% at the high school level and 60% at the elementary level.  The commercial/industrial fee collected at $0.66 per square foot will be split 40% at the high school level and 60% at the elementary level if a splitting agreement exists with the local elementary school district. 

Most other Stanislaus County school districts for which Modesto City Schools provides fee collection services, the K-8 feeder districts, will be taking similar actions.

School Facilities Fee Plan is attached to this agenda item.  Public notice of the fee increase has been published in the Modesto Bee and distributed as required by law.

 
Recommended Motion:

It is recommended that the Board of Education, following a public hearing to receive public comments, approve Resolution No. 20/21-01, increasing school facilities fees for inflation in accordance with the determination of the State Allocation Board at its January 22, 2020 meeting.

Attachments:
Level 1 Fee Increase Board Resolution #2021-01
MCS Developer Fee Study
B.2. (15 mins) Report on Distance Online Learning Model
Speaker:
Brad Goudeau
Rationale:
The District recently entered into an agreement, which provides the parameters surrounding Distance Learning.  This will allow Modesto City Schools to move forward with both Distance Learning and independent study through Modesto Virtual Academy for the start of the 2020-2021 school year.
 
Recommended Motion:
The Board of Education will discuss the Letter of Agreement between Modesto City Schools and the Modesto Teacher’s Association regarding the Distance Learning instructional model.
Attachments:
Distance PowerPoint
B.3. (15 mins) Report on and Approval of Services Agreements with the Center for Human Services to Provide Student Assistance Specialist Program and General Education Counseling Service, Family Support Specialist program and Refugee Case Manager for 2020-2021 school year.
Speaker:
Danielle Hinkle
Rationale:

In 1988, Modesto City Schools formed a partnership with the Center for Human Services (a not-for-profit community counseling agency assisting youth and families in Stanislaus County) to provide Student Assistance Specialists at the District's elementary, junior high/middle, and high schools.  Student Assistance Specialists are Center for Human Services staff who work directly with students who have challenges at school that impede their ability to achieve in the classroom. 

In the 2014-15 school year, the District began contracting with the Center for Human Services to provide counseling services at targeted sites using a behavioral consultation model that focuses on preventative support in the form of parent and teacher training. Direct counseling services are also provided, as needed. 

In the 2019-20 school year, the District began contracting with the Center for Human Services as part of the Learning Communities for School Success Program grant to provide Family Support Specialists at targeted sites. Family Support Specialists conduct outreach to families of students who are chronically absent from school or to those exhibiting tier three behaviors impeding success at school. Parent skill building and parent trainings are also provided. As part of the CalNew grant, the Center for Human Services also provides a Case Manager to support refugee students and families. The Case Manager assists students and families with resources as they acclimate to life in the United States.

1.4: Develop a Multi-Tiered System of Support for all students.

In order to continue to provide services and counseling support from Student Assistance Specialists, Mental Health Clinicians, Family Support Specialists, and the refugee Case Manager, the contract for the Center for Human Services must be renewed for the 2020-21 school year. A copy of the services agreements are available for review in the Student Support Services Office.

Students who have social, emotional, or psychological problems cannot gain maximum benefit from the educational program. Student Assistance Specialists will provide individual assessment and intervention for youth identified in need of prevention, intervention, or support services. Group and classroom presentations are provided as requested.

The duties of the Mental Health Clinicians include, but are not limited to, providing tiered support with the Student Assistance Specialists per the behavioral consultation model at targeted school sites.

Family Support Specialists support families with strategies and education to improve school engagement and attendance. The refugee Case Manager connects students and families to educational and mental health resources while honoring culture, family traditions and family norms.

 
Financial Impact:

The total estimated annual cost for the Student Assistance Specialists will not exceed $2,514,500; the total estimated annual cost for Mental Health Clinicians will not exceed $670,000; the total estimated annual amount for Family Support Specialists will not exceed $350,000; the total estimated annual cost for the refugee Case Manager will not exceed $58,000. The funding sources have been identified as LCFF Supplemental Concentration, Site and District Title 1, and grant funds.

The total compensation does not include the agreements Modesto City Schools has with the Center for Human Services to provide services to students with disabilities.  

Recommended Motion:
It is recommended that the Board of Education approve of the Center for Human Services to provide Student Assistance Specialist program and general education counseling services, Family Support Specialist program, and refugee Case Management services, for 2020-2021 school year.
Attachments:
Center for Human Services PowerPoint
Center for Human Services Report and Approval
B.4. (15 mins) Report on the Draft of the Equity and Racial Justice Framework
Speaker:
Mark Herbst
Rationale:
Goal One: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness. 

Recent events across the nation requires Modesto City Schools to look at our existing practices and determine areas in need of greater attention through the lens of equity and racial justice.

Modesto City Schools has created a draft of an Equity and Racial Justice Framework.  The draft has been created with input from a number of different educators and community members.  The framework outlines proposed actions the District plans to take at the District, site, community, and student level.  This includes keynote speakers, the creation of an Equity and Racial Justice Taskforce, community forums, targeted professional development, and the creation of a Modesto City Schools Student Council to provide a student voice on issues surrounding equity and racial justice. 

The report is designed to seek input from both the public and Board of Trustees.  Once approved, the Student Support Services department would like to prepare the necessary services agreement for approval at the August 17, 2020, Board meeting.

The Student Support Services department is anxious to begin the work outlined in Equity and Racial Justice Framework draft.  After receiving Board and public input, we will begin the actions required to implement the framework.  A comprehensive end of year Board report will be provided to summarize the work that has been done and progress made in the areas of equity and racial justice.

 
Attachments:
Framework - Draft
Report on Equity and Racial Justice Framework PPT
B.5. (10 mins) Approval of Adoption of Resolution No. 20/21-02, Affirming Support Of AB2016 California Ethnic Studies Model Curriculum Draft, in Support of Save California Ethnic Studies Initiative
Speaker:
Mark Herbst
Rationale:
Ethnic studies is the critical and interdisciplinary study of race, ethnicity, and indigeneity with a focus on the experiences and perspectives of people of color in the United States. Since the 1960s, scholars have analyzed the ways in which race and ethnicity continue to be powerful social, cultural, and political forces impacting access to opportunities. We applaud the efforts in place to ensure the curriculum for Ethnic Studies Model Curriculum includes fair representation of marginalized groups and those who are facing increasing discrimination in the current global climate. AB2016 California Ethnic Studies Model Curriculum Draft is a step in the right direction and in alignment with our district’s mission and core values of celebrating diversity, commitment to inclusion, and ensuring equity.
 
Recommended Motion:
It is recommended that the Board of Education approve to adopt Resolution 20/21-02, Affirming Support Of AB2016 California Ethnic Studies Model Curriculum Draft, in support of Save California Ethnic Studies Initiative.
Attachments:
Resolution 20/21-02 Ethnic Studies
C. BUSINESS ITEMS (PROPOSED CONSENT AGENDA)
C.1. Approval of Consult Agreement with CDW Government LLC and MCS for the 2020-21 Fiscal Year
Rationale:

Modesto City Schools Information and Educational Technology Department (IETS) contracts with outside service providers when necessary to provide needed support to the Districts Network Infrastructure. Service agreements are generated to provide specialized services to the IETS department. Additionally, service agreements are needed when the District is unable to fill vacancies in both classified management and classified staff.

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.
3.5 Improve operational efficiencies through the use of technology, and improved network infrastructure.

Modesto City Schools IETS has identified CDW Government LLC for the 2020-2021 school year to assist the department with meeting the unique needs of our Network Infrastructure. This Statement of Work (SOW) can be used for small installation projects and system emergencies for up to, but not to exceed 24 hours per call.
Copies of these services agreements are available in the Modesto City Schools IETS office for review.

 
Financial Impact:
The fiscal impact of the service agreement will not exceed $40,000. The funding source has been identified as Supplemental Concentration.
Recommended Motion:
It is recommended that the Board of Education approve the Modesto City Schools IETS Consult Service Agreement for the 2020-2021 school year with CDW Government LLC.
C.2. Approval of Memorandum of Understanding between Stanislaus County and Modesto City Schools, Health Emergency Response
Rationale:

The COVID-19 pandemic is taking an overwhelming toll on our national and local healthcare system. One of the key elements required to diminish the current surge in the number of COVID-19 cases is contact tracing. Public health departments to prevent the spread of infectious diseases, such as COVID-19, use contact tracing. Contact tracing will identify those whom a person with COVID-19 has come into contact with and by working with, will interrupt the spread of disease. Other duties that are needed to help flatten the curve or free up beds in county hospitals for more acutely ill patients, are providing care at our county’s Alternate Care Center and testing clients with COVID-19 symptoms. The Alternate Care Center will admit non-COVID patients who need nursing care and are still too ill to be discharged home.

Modesto City Schools currently employs approximately 48 highly qualified School Nurses (RNs) and Medical Procedure Specialists that can assist the Stanislaus County Health Services Agency (Public Health) in various capacities to diminish the spread of COVID-19 so that county schools can reopen.

Stanislaus County will inform Modesto City Schools of the staffing needs of the Emergency Operations Center/Department Operations Center, and the schedule and locations where the staffing is needed.

This Memorandum of Understanding is effective August 1, 2020 through June 30, 2021 and is available for review in the Student Support Services Division Office.

Goal 3: 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.

 
Financial Impact:
The total estimated annual amount for the MOU will not exceed $85,000. There is no fiscal impact to Modesto City Schools. The County shall reimburse MCS for the actual labor (wage and benefits, including retirement benefit contributions) cost of the MCS employees who have performed the County requested EOC/DOC activities, including attending training.
Recommended Motion:
It is recommended that the Board of Education approve the Memorandum of Understanding between Stanislaus County and Modesto City Schools, Health Emergency Response.
C.3. Approval of Resolution No. 20/21-04 Authorizing the Modesto City Schools District to Make Application for and to Sign Certain Assurances with Respect to Applications for Local, State and Federal Programs, Projects or Grants
Rationale:

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

Several Local, State and Federal programs allow public and non-profit transportation providers to apply for administration, capital, and operation assistance programs or grants; and School District Governing Board must authorize someone by resolution, as the “Authorized Individual” to make application and administer the Electric School Bus Incentive Program.

 
Recommended Motion:
It is recommended that the Board of Education approve Resolution #      authorizing the Modesto City Schools District to make application for and to sign certain assurances with respect to applications for local, state and federal programs, projects or grants.
Attachments:
School Board Resolution No. 20/21-04
C.4. Approval of Services Agreement with Future Management Systems
Rationale:

MCS will recruit, develop, and coach all staff to become interdependent leaders focused on improving the success for all MCS students. The COVID-19 environment has dramatically change the way our leaders will need to lead others. To ensure our administrators have the necessary skills to lead through COVID-19, we are investing in their professional capitol. Further, with the Equity and Racial Justice climate we are now engaging with, we need to support our principals in understanding how to engage in Social Justice work at their sites. Therefore, MCS will become Lead Learners in taking steps to provide rigorous, relevant, and timely leadership and supports during the COVID-19 pandemic, and work to create a culture of Social Justice and Equity. Work will include the development of safety protocols, communication structures, distance learning structures and support, and learning how to have facilitate courageous conversations around race and social climate issues.

Goal Five: Recruit, hire, train, and retain high quality staff.

Talent Management Values
• Commitment to diversity and equity every day
• Continuous leadership and improvement of practice
• Respect for all internal and external partners
• Personal accountability and consistent commitment to improvement of self in a distance working environment.
• Focus on direct and honest feedback everyday both in person and virtual
• Commitment to building capacity of others and team development in person and virtual

Strategic Goals
To provide on-going and consistent leadership coaching and development for all Cabinet and Extended Cabinet members, for the purpose of, to improving their skills in the area of leadership development in a virtual environment.

A copy of the agreement is available in the Business Services Department for review.

 
Financial Impact:
The estimated cost is not to exceed $75,000 and will be paid from the special CARES fund.
Recommended Motion:
It is recommended that the Board of Education approve the services agreement with Future Management Systems.
C.5. Approval of Services Agreement with Spinelli, Donald & Nott to Provide Legal Services From July 1, 2020 through June 30, 2023
Rationale:

When a claim results in a lawsuit being filed against both the District and the alleged responsible employee, the legal rights of the District and the employee are defended by the same legal counsel. Occasionally, a legal conflict may arise between the District and the employee. In this case, the District will obtain a separate legal counsel to represent the employee after a lawsuit has been filed. The District has used the legal services of Spinelli, Donald & Nott for the past two years in two cases involving a legal conflict.

4.0:  Ensure the District is fiscally and operationally sound.

Modesto City Schools wishes to contract with Spinelli, Donald & Nott to provide legal services, including advice, to it and legal representation to its employees in conflict cases beginning July 1, 2020 through June 30, 2023.

Spinelli, Donald & Nott will provide legal services for the District in cases involving a legal conflict, as well as other legal services and advice that are prompted either by the possibility of litigation or litigation itself.

A copy of the agreement is available in the Risk Management Department for review.

 
Financial Impact:

The estimated annual cost is not to exceed $50,000 and will be paid from the Risk Management budget.

Recommended Motion:

It is recommended that the Board of Education approve the Services Agreement with Spinelli, Donald & Nott to provide legal services from July 1, 2020 through June 30, 2023.

C.6. Approval of Services Agreement with Strategic School Consultants, LLC.
Quick Summary / Abstract:


Rationale:

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.

Strategic School Consultants, LLC (SSC), will provide Transportation Department Management Services for a successful school bell change implementation for SB 328.  SSC will fully implement the Transfinder automated routing software, and ZPass tracking of all students riding Modesto City Schools’ buses.  SSC will use this data to assist MCS with bell schedule implementation for SB 328 compliance.  SSC will also provide mentoring and training to the existing leadership team to implement changes related to COVID-19 routing, while creating a management succession plan for the department reorganization proposal.

 
Financial Impact:

The total cost of $229,000.00 for the 2020-2021 school year and will be budgeted with the existing Transportation Department budget, and will be offset annually by operational efficiency savings through the department reorganization.

Recommended Motion:

It is recommended that the Board of Education approve the Services Agreement with Strategic School Consultants, LLC (SSC) for year 2020-2021 in the amount of $229,000.00.

C.7. Approval of Services Agreement with Sutter Gould Medical Foundation from September 1, 2020 through August 31, 2023
Rationale:

Since 1988, Sutter Gould Medical Foundation (Sutter Gould) has performed pre-employment physical examinations for prospective employees of Modesto City Schools.  Sutter Gould also administers Hepatitis B vaccinations to District employees in certain pre-designated positions, which are reviewed yearly.  A Spirometer Test has been added for employees who must wear a respirator. The new agreement with Sutter Gould is for a three year term.  

4.0:  Ensure the District is fiscally and operationally sound.

The current Services Agreement with Sutter Gould expires on August 31, 2020 and needs Board approval to renew.

District staff recommends renewing a Services Agreement with Sutter Gould from September 1, 2020 through August 31, 2023.  The District will contract with Sutter Gould to provide various services, including but not limited to: $78 for each pre-employment physical examination; $140 for each Hepatitis B vaccination; and $30 for each Spirometer test. This is the same amount paid by the District in 2019/20.

A copy of the agreement is available for review in the Risk Management Department.

 
Financial Impact:

Under the proposed contract with Sutter Gould, the estimated annual cost for these services will not exceed $65,000.  Funds have been set aside in Risk Management's Workers' Compensation Budget to pay for these services.

Recommended Motion:

It is recommended that the Board of Education approve the Services Agreement with Sutter Gould Medical Foundation from September 1, 2020 through August 31, 2023.

C.8. Approval of Services Agreement with The Medics Plus for Standby Medical Services at Athletic Events in the 2020-21 School Year
Rationale:

Education Code Section 49474 states, “The governing board of any school district or districts may provide, or make available, ambulance service, paid for out of school district funds, for pupils, instructors, spectators, and other individuals in attendance at athletic activities under the jurisdiction of, or sponsored or controlled by, the district or districts or the authorities of any school of the district or districts.”

4.0:  Ensure the District is fiscally and operationally sound.

The California Interscholastic Federation (CIF) recommends there should be a doctor or Emergency Medical Technician (EMT) at all football games.

The Medics Plus provides standby medical services for athletic events.

The Medics Plus has agreed to provide two (2) Basic Life Support EMTs for each home game at a cost of $100 per hour or $25 per ¼ hour.  This is the same amount paid by the District in 2019/20.  The Medics Plus staff is specially trained and licensed to perform the services requested. 

A copy of the services agreement is available in the Risk Management Department.

 
Financial Impact:

The estimated total cost is not to exceed $35,000 and will be funded by Risk Management.

Recommended Motion:

It is recommended that the Board of Education approve the Services Agreement with The Medics Plus for standby medical services at athletic events in the 2020-21 school year.

C.9. Approval of the Use of Goodwin Consulting Group for Consulting Services for Fiscal Year 2020-21
Rationale:

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

Modesto City Schools has contracted with Goodwin Consulting Group for general consulting services related to continuing disclosure services, tax services and creation of new community facility districts from time-to-time.

The housing market is improving and new housing developments are moving forward within the District’s boundaries.  Some of these new housing developments are wanting to create community facility districts under the Mello-Roos Act.

Goodwin shall perform certain consulting services for the District as requested by the Board or staff. Goodwin shall be compensated for the performance of its consulting services at the rates of $90-310 per hour depending of the level of expertise needed and a negotiated not to exceed amount for each engagement.

A copy of the agreement is available for review in Business Services, Planning Department.

 
Financial Impact:

The consulting services to be provided are not expected to exceed $50,000 for fiscal year 2020-21. The High School Capital Facilities Fund will provide the funding of these services unless another source is identified.

Recommended Motion:

It is recommended that the Board of Education approve the use of Goodwin Consulting Group for consulting services for fiscal year 2020-21.

C.10. Approval of the Use of Richards, Watson & Gershon for Legal Services for Fiscal Year 2020-21
Rationale:

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

Modesto City Schools has contracted with Richards, Watson & Gershon (RWG) for general legal services from time-to-time.

The District will continue to need certain legal services periodically during fiscal year 2020-21.

RWG shall perform certain legal services for the District as requested by the Board or staff. RWG shall be compensated for the performance of its legal services at the rate of $265 per hour for any attorney working on the matter except for legal services performing in connection with (i) litigation matters, and (ii) the issuance of bonds or other obligations by the District. For litigation matters, RWG shall be compensated at the rate of $295 per hour for any attorney working on the matter.

A copy of the agreement is available for review in Business Services, Planning Department.

 
Financial Impact:

The legal services to be provided are not expected to exceed $50,000 for fiscal year 2020-21. The General Fund and High School Capital Facilities Fund will provide the funding of these services unless another source is identified.

Recommended Motion:

It is recommended that the Board of Education approve the use of Richards, Watson & Gershon for legal services for fiscal year 2020-21.

C.11. Approval to Accept Completion of Contract and Change Orders with Alameda Construction, Bid No. 19-4696, for Windows, Columns, and Painting at Shackelford Elementary School, in the Amount of $906,038.64
Rationale:
On May 13, 2019, the Board of Education approved award of Bid No. 18-4696, for windows, columns, and painting at Shackelford Elementary School, to Alameda Construction in the amount of $829,050.

Throughout the course of the contract two (2) change orders were processed resulting in an increase to the contract in the amount of $76,988.64. 

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

The Board of Education must formally approve and accept completion of public works contracts and related change orders.

The work performed under the contract with Alameda Construction Bid No. 18-4696, has been inspected by the project architect and reported to be satisfactorily completed in accordance with the plans and specifications.  A Notice of Completion will be filed and final payments will be made as authorized under the terms of the contract.

 
Financial Impact:
This contract, at a total cost of $906,038.64, was funded from Elementary General Obligation Bonds. 
Recommended Motion:
It is recommended that the Board of Education approve to accept completion of the contract and change orders with, Alameda Construction, Bid No. 18-4696, for windows, columns, and painting at Shackelford Elementary School in the amount of $906,038.64. 
C.12. Approval to Accept Completion of Contract and Change Orders with Artificial Turf & Landscape Co. Inc., Bid No. 19-4716, for Field Improvements at Everett Elementary School, in the Amount of $263,062.41
Rationale:
On July 22, 2019, the Board of Education approved award of Bid No. 19-4716, for field improvements at Everett Elementary School, to Artificial Turf & Landscape Co. Inc. in the amount of $290,000.

Throughout the course of the contract one (1) change order was processed resulting in a decrease to the contract in the amount of $26,937.59. 

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

The Board of Education must formally approve and accept completion of public works contracts and related change orders.

The work performed under the contract with Artificial Turf & Landscape Co. Inc. Bid No. 19-4716, has been inspected by the project architect and reported to be satisfactorily completed in accordance with the plans and specifications.  A Notice of Completion will be filed and final payments will be made as authorized under the terms of the contract.

 
Financial Impact:
This contract, at a total cost of $263,062.41, was funded from Elementary Redevelopment dollars. 
Recommended Motion:
It is recommended that the Board of Education approve to accept completion of the contract and change order with, Artificial Turf & Landscape Co. Inc., Bid No. 19-4716, for field improvements at Everett Elementary School in the amount of $263,062.41. 
C.13. Approval to Accept Completion of Contract with Alameda Construction, Bid No. 19-4688, for Wood Support Post Replacement at Shackelford Elementary School, in the Amount of $154,330
Rationale:
On June 3, 2019, the Board of Education approved award of Bid No. 18-4688, for wood support post replacement at Shackelford Elementary School, to Alameda Construction in the amount of $154,330.

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

The Board of Education must formally approve and accept completion of public works contracts and related change orders.

The work performed under the contract with Alameda Construction Bid No. 18-4688, has been inspected by the project architect and reported to be satisfactorily completed in accordance with the plans and specifications.  A Notice of Completion will be filed and final payments will be made as authorized under the terms of the contract.

 
Financial Impact:
This contract, at a total cost of $154,330, was funded from Elementary General Obligation Bonds. 
Recommended Motion:
It is recommended that the Board of Education approve to accept completion of the contract with, Alameda Construction, Bid No. 18-4688, for wood support post replacement at Shackelford Elementary School in the amount of $154,330. 
C.14. Ratification of Agreement for Safety-Related Services with Specialized Safety Services for 2020-2021
Rationale:
Specialized Safety Services is owned and operated by Russell Rocha.  Mr. Rocha is a certified Occupational Health and Safety Technologist (OHST) and Construction Health and Safety Technician (CHST).  Mr. Rocha has been providing safety-related services for Modesto City Schools’ staff for the past five (5) years.  The services include providing training in the areas of aerial lift safety, fall protection, lockout/tag-out, forklift safety, personal protective equipment, fire extinguisher use, and respiratory fit testing. 

The District has found Russell Rocha to be knowledgeable in Occupational Safety and Health Administration (OSHA) rules and regulations, competent in his performance as a trainer, and wonderful with students and staff. 

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

Ongoing OSHA training is necessary for regulatory compliance.  The Board needs to ratify the Services Agreement to allow continued mandatory safety-related services and trainings.

It is proposed that the District continue to contract with Specialized Safety Services to provide safety-related services for Modesto City Schools’ staff during the 2020-2021 school year.  

A copy of the Services Agreement is available for review in the Maintenance and Operations office. 

 
Financial Impact:
The total cost of this agreement is estimated to not exceed $87,000 and will be paid from Risk Management funds.
Recommended Motion:
It is recommended that the Board of Education approve the Service Agreement with Specialized Safety Services for 2020-2021.
C.15. Ratification of Self-Funded Workers' Compensation Rate of $1.75 per $100.00 of Gross Payroll for Fiscal Year 2020/21
Rationale:

The District has been self-funded for workers’ compensation coverage since July 1977.  Each year a review is done to establish the District’s internal rate.

4.0:  Ensure the District is fiscally and operationally sound.

A self-funded workers’ compensation program must generate sufficient funds to pay the District’s claims and administrative expenses.

As a result of this review, the District’s rate for the 2019/20 fiscal year of $1.75 per $100.00 of gross payroll will be continued for the 2020/21 fiscal year.

 
Financial Impact:

The cost for the 2020/21 fiscal year is estimated to be $4,324,000 and will be paid from the applicable funding source associated with payroll.

Recommended Motion:

It is recommended that the Board of Education approve a self-funded workers’ compensation rate of $1.75 per $100.00 of gross payroll for fiscal year 2020/21.

C.16. Ratification of Purchase Orders and VISA Payments for the Month of June 2020
Rationale:

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.

Board of Education approval will allow the District to meet Board Policy 3300 requirements.  A copy of the report is available for review in the Purchasing Department.

 
Financial Impact:
Funds have been budgeted to cover all expenses for the month of June 2020.
Recommended Motion:
It is recommended that the Board of Education ratify the purchase orders and VISA payments for the month of June 2020.
C.17. Ratification of Warrants Drawn for the Month of June 2020
Rationale:

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

The Business Services Division draws warrants on a weekly basis to pay the bills of the District.  Payroll warrants are drawn on the 15th of the month for claims, and on the last working day of the month for monthly employees.

The California Education Code section 42631 requires the Board of Education to approve all expenditures of the District.

Board of Education approval will allow the District to meet Education Code and Annual Audit requirements.

The expenditures are included in the District’s budget for fiscal year 2019/20.

 
Recommended Motion:

It is recommended that the Board of Education ratify warrants drawn for the month of June 2020.

D. CURRICULUM AND INSTRUCTION ITEMS (PROPOSED CONSENT AGENDA)
D.1. Approval of 2020-2021 Consolidated Application
Rationale:

School districts in California wishing to receive federal funds must submit the Consolidated Application for categorical funding to the California Department of Education. The categorical programs included in this application are: Title I-Part A (Basic Grant), Title II-Part A (Supporting Effective Instruction), Title III (English Learner), Title III Immigrant, and Title IV-Part A (Student and School Support).

A district's completed application must indicate the categorical programs for which funds are sought and include certification that the district will adhere to the legal assurances associated with each specific program in order to receive these categorical funds. Many of these legal assurances guarantee that these categorical funds will be used to supplement, not supplant, a district's educational program.

Goal 1: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.
Goal 2: Ensure all employees have access to high quality professional development.

The 2020-2021 Consolidated Application is due to the California Department of Education by August 17, 2020 in order for the district to receive categorical funding for the 2020-2021 fiscal year. The district must specify in its submission the programs for which it seeks funding, and acknowledge that the local governing board has given its approval.

Modesto City Schools will submit the Consolidated Application for funding categorical programs. In its application, the district has requested categorical funds for the following programs: Title I-Part A (Basic Grant), Title II-Part A (Supporting Effective Instruction), Title III (English Learner), Title III Immigrant, and Title IV-Part A (Student and School Support).

The document is available for review in the office of State and Federal Programs.

 
Financial Impact:
Approval of the Consolidated Application for categorical funding by the local governing board will allow the district to receive federal categorical funds. There is no impact on the general fund.
Recommended Motion:
It is recommended that the Board of Education approve the 2020-2021 Consolidated Application.
D.2. Approval of Annual Services Agreement with City of Modesto Parks, Recreation and Neighborhoods Department
Rationale:

The District operates After School Education and Safety Programs at 19 elementary and 4 junior high school sites. For the past several years, the District has contracted with City of Modesto Parks, Recreation and Neighborhoods Department (PRN) for additional staff to implement educational and enrichment programs at Beard, El Vista, Everett, Garrison, and Wilson Elementary Schools and La Loma and Mark Twain Junior High Schools.

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

As part of the After School Education and Safety grant requirement, the District must partner with community-based organizations to provide after school program components.

The City of Modesto PRN will provide educational and enrichment activities to the students participating in the After School Education and Safety Programs (ASES) at Beard, El Vista, Everett, Garrison, Wilson Elementary Schools and La Loma and Mark Twain Junior High Schools. The total cost to provide these services will not exceed $777,000. As partners in the After School Education and Safety grant, City of Modesto PRN is proposing to provide $35,000 of the services. Modesto City Schools will accept the proposed amount of $35,000 in services from City of Modesto PRN and contract with City of Modesto PRN for the balance of the services in the amount of $742,000.

A copy of the services agreement between Modesto City Schools and City of Modesto PRN is available for review in the Intervention Programs office.

 
Financial Impact:
Modesto City Schools benefits from the provision of $35,000 in services from City of Modesto PRN. The estimated balance of $742,000 will be paid from the After School Education and Safety grant and categorical.
Recommended Motion:
It is recommended that the Board of Education approve the services agreement with City of Modesto Parks, Recreation and Neighborhoods Department.
D.3. Approval of Master Contract for Non-Public School/Non Public Agency Services for 2020-2021: Bayes Achievement Center, Inc.
Rationale:

The Federal Individuals with Disabilities Education Act (IDEA) and state law provide that special education students may be served by a state-approved Non-Public School (NPS) or Non-Public Agency (NPA) only when appropriate public placement or service is not available within the Special Education Local Plan Area (SELPA).

Modesto City Schools contracts with several NPS/NPAs to provide specialized educational services not available in District or County programs.  A master contract is developed with each NPS/NPA which specifies the types of services authorized and the rates the District will pay for each service.  When a student’s Individualized Education Program (IEP) team determines that NPS or NPA services are required, an Individual Services Agreement is then executed which specifies the services to be provided for that student pursuant to the IEP. 

School Districts are also responsible for providing all Educationally Related Mental Health Services (ERMHS) for students with an IEP since AB3632 was eliminated by the Governor’s Line Item Veto in October, 2010.  ERMHS are defined in the Individuals with Disabilities Education Act (IDEA) and include individual counseling, counseling and guidance, social work services, parent counseling, psychological services and residential services. 

Modesto City Schools has received funds to provide Educationally Related Mental Health Services to the students within our District. 

1.6:  Increase access to general education for students with disabilities.

While the Modesto City Schools SELPA provides a wide range of special education services or contracts with the Stanislaus County Office of Education for such services, there are students with severe educational needs who require placement with an NPS or NPA.  This includes out-of-state placements that would require reimbursement for any and all treatment and room and board costs, as well as travel costs associated with student placement and family visits.  In addition, there are a number of students within the District who require Educationally Related Mental Health Services.  Master contracts with these providers are required.

Modesto City Schools proposes to contract with the following NPS/NPA provider for the 2020-2021 school year:  Bayes Achievement Center, Inc.

 
Financial Impact:

Special Education has budgeted $4,380,000 for NPA/NPS services for the 2020-2021 school year.

Recommended Motion:

It is recommended that the Board of Education approve the master contract for Non-Public School/Non-Public Agency services for 2020-2021: Bayes Achievement Center, Inc.

D.4. Approval of Memorandum of Understanding between Modesto City Schools and Sierra Vista Child and Family Services for Mentoring Services, 2020-2021
Rationale:

For the past five years, Modesto City Schools has contracted with Sierra Vista Child and Family Services to manage its student mentoring program.  

1.4:  Develop a Multi-Tiered System of Support for all students.

Modesto City Schools would like to again contract with Sierra Vista Child and Family Services to manage the mentoring program and efforts.

Sierra Vista Child and Family Services, under the Sierra Vista Mentoring Resource Center, will provide services including, but not limited to, mentor/mentee recruiting, screening, security clearance, training, and mentor matching.  The contract term runs from August 1, 2020 through May 31, 2021. 

A copy of the Memorandum of Understanding between Modesto City Schools and Sierra Vista Child and Family Services is available for review in the Student Support Services Office.

 
Financial Impact:
The mentoring services will be paid out of Local Control and Accountability Plan (LCAP) funds, and will not exceed $143,800.
Recommended Motion:
It is recommended that the Board of Education approve the Memorandum of Understanding between Modesto City Schools and Sierra Vista Child and Family Services for Mentoring Services, 2020-2021.
D.5. Approval of Memorandum of Understanding between Modesto City Schools SELPA, Valley Mountain Regional Center – Early Start, and Stanislaus SELPA for the 2020-2021 School Year
Rationale:

Modesto City Schools Special Education Local Plan Area (MCS SELPA), Stanislaus County Special Education Local Plan Area (Stanislaus SELPA) and Valley Mountain Regional Center (VMRC) provide services to children birth up to three years old who are eligible for Early Start Intervention Services under Part C of the Individuals with Disabilities Education Act.  Historically, these three entities have shared the responsibility, including assessment and services for students up to the age of three.

1.6:  Increase access to general education for students with disabilities.

Valley Mountain Regional Center and Modesto City Schools SELPA have determined the shared and individual responsibilities for the Early Start program and operating procedures.  Procedures include evaluations, services provided based upon student need, transitional services to Part B, and financial obligations.  A copy of the Memorandum of Understanding is available for review in the Special Education Department.

A Memorandum of Understanding between Valley Mountain Regional Center, Modesto City Schools SELPA and Stanislaus SELPA, was created to delineate policies and procedures and insure appropriate implementation of the Early Start program.

 
Financial Impact:
The fiscal impact to the Special Education budget for Modesto City School’s financial obligation will not exceed $30,000.
Recommended Motion:

It is recommended that the Board of Education approve the Memorandum of Understanding between Modesto City Schools SELPA, Valley Mountain Regional Center – Early Start, and Stanislaus SELPA for the 2020-2021 school year.

D.6. Approval of New Junior High School Course Outline: Academic Language Development
Rationale:

Course outlines are developed for each junior high and high school class by a committee of representative teachers and administrators.  The outlines include instructional texts and materials, expectations for student learning, units of study, unit credit, grading, and other course elements.  The course outlines and texts are then submitted to Associate Principals, Principals, and the Senior Director(s), Curriculum & Instruction, Professional Development, for review and recommendation.

1.1 Ensure Great Instruction First Time.
1.2 Increase students being identified as “prepared” in the college/career indicators.

The following new course outline, including texts, have been approved by representative teachers, the High School Associate Principals, Principals, and the Senior Director(s), Curriculum & Instruction, Professional Development.

New Course:

Foundations of Language

 
Recommended Motion:
It is recommended that the Board of Education approve the new junior high course outline:  Academic Language Development
D.7. Approval of New Junior High School Course Outlines: Modesto Virtual Academy
Rationale:

Due to the current situation with the COVID virus, Modesto City Schools is offering its students an alternative to the classic way of attending school in the 2020-21 school year. With times being uncertain and both parents and students being worried about health and safety, we think it would be within the best interest of our students to offer them the opportunity to take their studies online and within the safety of their own homes. We will be offering this through Modesto Virtual Academy. We will be adopting courses from Florida Virtual School to ensure our students have access to the best education available. 

1.1 Ensure great instruction the first time

The following course outlines have been chosen by the Curriculum and Instruction Department. 

Comprehensive PE - Grades 7 and 8 OLL
Comprehensive Science II JH OLL
Comprehensive Science III JH OLL
Critical Thnkng, Prob Slving JH OLL
Language Arts II JH OLL
Language Arts III JH OLL
Mathematics - Grade 7 OLL
Orientation to Art 2D JH OLL
Pre-Algebra JH OLL
Reading I JH OLL
Spanish Beginning JH OLL
Spanish Intermediate JH OLL
World History I JH OLL
US History JH OLL

 
Recommended Motion:
It is recommended that the Board of Education approve the new junior high school course outlines for Modesto Virtual Academy.
D.8. Approval of New and Revised High School Course Outlines: Academic Language Development
Rationale:

The below course was revised to meet UC Doorways A-G criteria.  The revisions enable English learner students enrolled in Academic Language Development to receive a "G" elective credit for an ALD course.

Course outlines are developed for each junior high and high school class by a committee of representative teachers and administrators.  The outlines include instructional texts and materials, expectations for student learning, units of study, unit credit, grading, and other course elements.  The course outlines and texts are then submitted to Associate Principals, Principals, and the Senior Director(s), Curriculum & Instruction, Professional Development, for review and recommendation.

1.1 Ensure Great Instruction First Time.
1.2 Increase students being identified as “prepared” in the college/career indicators.

The following new course outlines, including texts, have been approved by representative teachers, the High School Associate Principals, Principals, and the Senior Director(s), Curriculum & Instruction, Professional Development.

Revised Course:

Academic Language Development Fundamentals

New Course:

Foundations of Language

 
Recommended Motion:
It is recommended that the Board of Education approve the new and revised High School Course Outlines:  Academic Language Development.
D.9. Approval of New and Revised High School Course Outlines: Career Technical Education
Rationale:

Course outlines are developed for each junior high and high school class by a committee
of representative teachers and administrators. The outlines include instructional texts and
material, expectations for student learning, units of study, unit credit, grading, and other
course elements. The course outlines and texts are then submitted to Associate Principals
and the Senior Director, Educational Options for review and recommendation.

1.1 Ensure Great Instruction First Time
1.2 Increase students being identified as “prepared” in the college/career indicators

The following course outlines, including texts, have been approved by representative
teachers, the High School Associate Principals and the Senior Director, Educational
Options.

New Course:
Web Application Development

Revised Courses:
DSLR Photography 3-4: renamed from Advan DSLR Photography and Manip, reformatted, ensured
standards alignment, approved A-G "F"
Advanced Floriculture: reformatted, ensured standards alignment, approved A-G "F"
Graphic Design III: renamed from Advanced Graphic Design, reformatted, ensured standards alignment, approved A-G "F"
Ag Leadership: reformatted, ensured standards alignment, approved A-G "G"
Agribusiness 1-2: reformatted, ensured standards alignment, approved A-G "G"
Agribusiness 3-4: reformatted, ensured standards alignment, approved A-G "G"
Ag Drafting 1-2: reformatted, ensured standards alignment, approved A-G "F"
Ag Drafting 3-4: reformatted, ensured standards alignment, approved A-G "F"
Ag Mechanics 1-2: reformatted, ensured standards alignment, approved A-G "G"
Ag Mechanics 3-4: reformatted, ensured standards alignment, approved A-G "G"
Ag Mechanics 5-6: reformatted, ensured standards alignment, approved A-G "G"
Ag Mechanics 7-8: reformatted, ensured standards alignment, approved A-G "G"
Ag Small Engine Repair 1-2: reformatted, ensured standards alignment, approved A-G "G"
Ag Small Engine Repair 3-4: reformatted, ensured standards alignment, approved A-G "G"
Ag Small Engine Technology 1-2: reformatted, ensured standards alignment, approved A-G "G"
Automotive Technology 1-2: reformatted, ensure standards alignment, approved A-G "G"
Criminal Justice 2 Hr: reformatted, ensured standards alignment, approved A-G "G"
Employment Opportunities 1-2: reformatted, ensured standards alignment, approved A-G "G"
Floral Design II: reformatted, ensured standards alignment, approved A-G "F"
Criminal Justice 1-2: renamed from Introduction to Criminal Justice 1-2, reformatted, ensured standards alignment, approved A-G "F"
Marketing Essentials: reformatted, ensured standards alignment, approved A-G "G"
Medical Office Occupations 1-2: reformatted, ensured standards alignment, approved A-G "G"
Medical Office Occupations 3-4: reformatted, ensured standards alignment, approved A-G "G"
Nursing Assistant Precertification Program 2 Hr: reformatted, ensured standards alignment, approved A-G "G"
Structural Ag Welding: reformatted, ensured standards alignment, approved A-G "G"

 
Recommended Motion:
It is recommended that the Board of Education approve the new and revised course outlines: Career Technical Education.
D.10. Approval of New High School Course Outlines: Modesto Virtual Academy - Science
Rationale:
Due to the current situation with the COVID virus, Modesto City Schools is offering its students an alternative to the classic way of attending school in the 2020-21 school year. With times being uncertain and both parents and students being worried about health and safety, we think it would be within the best interest of our students to offer them the opportunity to take their studies online and within the safety of their own homes. We will be offering this through Modesto Virtual Academy. We will be adopting courses from Florida Virtual School to ensure our students have access to the best education available. 

1.1 Ensure great instruction the first time
1.2 Increase students being identified as "prepared" in the college/career indicators

The following course outlines have been chosen by the Curriculum and Instruction Department. 

New Courses under Science:
Physics I OLL
Physics I Honors OLL
Biology OLL
Biology Honors OLL
Chemistry OLL
Chemistry Honors OLL
AP Biology OLL
AP Computer Science A OLL
AP Environmental Science OLL
Marine Science OLL
Earth Space Science OLL
Anatomy and Physiology OLL
 
Recommended Motion:
It is recommended that the Board of Education approve the new high school course outlines for Modesto Virtual Academy - Science.
D.11. Approval of New High School Course Outlines: Modesto Virtual Academy - Math
Rationale:

Due to the current situation with the COVID virus, Modesto City Schools is offering its students an alternative to the classic way of attending school in the 2020-21 school year. With times being uncertain and both parents and students being worried about health and safety, we think it would be within the best interest of our students to offer them the opportunity to take their studies online and within the safety of their own homes. We will be offering this through Modesto Virtual Academy. We will be adopting courses from Florida Virtual School to ensure our students have access to the best education available. 

1.1 Ensure great instruction the first time
1.2 Increase students being identified as "prepared" in the college/career indicators

The following course outlines have been chosen by the Curriculum and Instruction Department. 

New Courses under Math:
PreAlgebra OLL
Algebra I OLL
Algebra I OLL
Geometry OLL
Geometry Honors OLL
Algebra II OLL
Algebra II Honors OLL
PreCalculus Honors OLL
Probability and Statistics Honors OLL
AP Statistics OLL
AP Calculus AB OLL
AP Calculus BC OLL

 
Recommended Motion:
It is recommended that the Board of Education approve the new high school course outlines for Modesto Virtual Academy - Math.
D.12. Approval of New High School Course Outlines: Modesto Virtual Academy - World Language
Rationale:
Due to the current situation with the COVID virus, Modesto City Schools is offering its students an alternative to the classic way of attending school in the 2020-21 school year. With times being uncertain and both parents and students being worried about health and safety, we think it would be within the best interest of our students to offer them the opportunity to take their studies online and within the safety of their own homes. We will be offering this through Modesto Virtual Academy. We will be adopting courses from Florida Virtual School to ensure our students have access to the best education available. 

1.1 Ensure great instruction the first time
1.2 Increase students being identified as "prepared" in the college/career indicators

The following course outlines have been chosen by the Curriculum and Instruction Department. 

New Courses under World Language:
Spanish I OLL
Spanish II OLL
Spanish III OLL
Spanish III Honors OLL
Spanish IV OLL
Spanish IV Honors OLL
Spanish for Spanish Speakers OLL
French I OLL
French II OLL
 
Recommended Motion:
It is recommended that the Board of Education approve the new high school course outlines for Modesto Virtual Academy - World Language.
D.13. Approval of New High School Course Outlines: Modesto Virtual Academy - English Language Arts
Rationale:

Due to the current situation with the COVID virus, Modesto City Schools is offering its students an alternative to the classic way of attending school in the 2020-21 school year. With times being uncertain and both parents and students being worried about health and safety, we think it would be within the best interest of our students to offer them the opportunity to take their studies online and within the safety of their own homes. We will be offering this through Modesto Virtual Academy. We will be adopting courses from Florida Virtual School to ensure our students have access to the best education available. 

1.1 Ensure great instruction the first time
1.2 Increase students being identified as "prepared" in the college/career indicators

The following course outlines have been chosen by the Curriculum and Instruction Department. 

New Courses under English Language Arts:
English I OLL
English II OLL
English III OLL
English IV OLL
English Honors I OLL
English Honors II OLL
AP English Language and Composition OLL
AP English Literature and Composition OLL

 
Recommended Motion:
It is recommended that the Board of Education approve the new high school course outlines for Modesto Virtual Academy - English Language Arts.
D.14. Approval of New High School Course Outlines: Modesto Virtual Academy - Social Science
Rationale:

Due to the current situation with the COVID virus, Modesto City Schools is offering its students an alternative to the classic way of attending school in the 2020-21 school year. With times being uncertain and both parents and students being worried about health and safety, we think it would be within the best interest of our students to offer them the opportunity to take their studies online and within the safety of their own homes. We will be offering this through Modesto Virtual Academy. We will be adopting courses from Florida Virtual School to ensure our students have access to the best education available. 

1.1 Ensure great instruction the first time
1.2 Increase students being identified as "prepared" in the college/career indicators

The following course outlines have been chosen by the Curriculum and Instruction Department. 

New Courses under Social Science:
Global Studies OLL
World History OLL
World History Honors OLL
US History OLL
US Government OLL
Economics with Financial Literacy OLL
AP US History OLL
AP US Government and Politics OLL
AP Human Geography OLL
 
Recommended Motion:
It is recommended that the Board of Education approve the new high school course outlines for Modesto Virtual Academy - Social Science.
D.15. Approval of New High School Course Outlines: Modesto Virtual Academy - Electives
Rationale:


Due to the current situation with the COVID virus, Modesto City Schools is offering its students an alternative to the classic way of attending school in the 2020-21 school year. With times being uncertain and both parents and students being worried about health and safety, we think it would be within the best interest of our students to offer them the opportunity to take their studies online and within the safety of their own homes. We will be offering this through Modesto Virtual Academy. We will be adopting courses from Florida Virtual School to ensure our students have access to the best education available. 

1.1 Ensure great instruction the first time
1.2 Increase students being identified as "prepared" in the college/career indicators

The following course outlines have been chosen by the Curriculum and Instruction Department. 

New Courses under Electives:
AP Psychology OLL
AP Art History OLL
Art History and Criticism I Honors OLL
Digital Information Technology OLL
Foundations of Programming OLL
Journalism I OLL
Procedural Programming OLL
Psychology I OLL
Reading for College Success OLL
Social Media I OLL
Art in World Cultures OLL

 
Recommended Motion:

It is recommended that the Board of Education approve the new high school course outlines for Modesto Virtual Academy:  Electives.

D.16. Approval of New High School Course Outlines: Modesto Virtual Academy - Health/PE
Rationale:

Due to the current situation with the COVID virus, Modesto City Schools is offering its students an alternative to the classic way of attending school in the 2020-21 school year. With times being uncertain and both parents and students being worried about health and safety, we think it would be within the best interest of our students to offer them the opportunity to take their studies online and within the safety of their own homes. We will be offering this through Modesto Virtual Academy. We will be adopting courses from Florida Virtual School to ensure our students have access to the best education available. 

1.1 Ensure great instruction the first time
1.2 Increase students being identified as "prepared" in the college/career indicators

The following course outlines have been chosen by the Curriculum and Instruction Department. 

New Courses under Health and PE:
Health Opportunities Through Physical Education OLL
Personal Fitness OLL
Life Management Skills OLL
Fitness Lifestyle Design OLL

 
Recommended Motion:
It is recommended that the Board of Education approve the new high school course outlines:  Modesto Virtual Academy - Health/PE.
D.17. Approval of Services Agreement between Modesto City Schools and Stanislaus County Behavioral Health and Recovery Services for 2020-2021
Rationale:

The Local Control and Accountability Plan (LCAP) includes a provision for counseling services to be provided to those in need.  The model the clinicians follow is known as Behavioral Consultation and is based on proactive intervention rather than strictly reactionary counseling services.

1.4: Develop a Multi-Tiered System of Support for all students.

In order to continue to provide services by the Mental Health Clinicians, the contract with Stanislaus County Behavioral Health and Recovery must be renewed for 2020-2021.

 
Financial Impact:

The fiscal impact for services with Stanislaus County Behavioral Health and Recovery Services will not exceed $130,000.  The funding source has been identified as LCFF supplemental concentration dollars.  Total compensation does not include the agreement with Stanislaus Behavioral Health and Recovery Services for mental health support provided to students with disabilities through the IEP process.

Recommended Motion:
It is recommended that the Board of Education approve the services agreement between Modesto City Schools and Stanislaus County Behavioral Health and Recovery Services for 2020-2021.
D.18. Approval of Services Agreement with CodeHS
Rationale:

A Computer Science committee comprised of representatives from all high schools, reviewed a variety of computer science (CS) curriculums and programs as part of developing a MCS Computer Science master plan.  Most have been using CodeHS for a number of years and have found this to be the most comprehensive and versatile of programs that can be applied to all CS courses in the district.  In the development of the Career Technical Incentive Grant application, the primary goal was to develop additional STEM and Computer Science programs in our district.  We were awarded $972,000 to support this work.

1.2 Increase students being identified as "prepared" in the college/career indicators.

An agreement between Modesto City Schools and CodeHS has been drafted and requires approval for the program for the 2020-21, 2021-22, and 2022-23 school years.

CodeHS will provide web-based curriculum, teacher tools and resources, and professional development based on the option selected by MCS. Services will be rendered between August 10, 2020 and June 30, 2023.  Copies of the agreement are available upon request in the  Educational Options office.


 
Financial Impact:
The amount of $184,350 will be funded through the CTE Incentive Grant. This will cover three years of curriculum licenses.
Recommended Motion:
It is recommended that the Board of Education approve the services agreement with CodeHS.
D.19. Ratification of Agreements with North Adrian's Beauty College, Inc., and California Beauty College
Rationale:

Students enrolled in Modesto City High Schools Cosmetology course currently receive training at two cosmetology schools in Modesto; North Adrian’s Beauty College, Inc., and California Beauty College.

1.2:  Increase students being identified as “prepared” in the college/career indicators.

Modesto City High School District desires to contract with North Adrian’s Beauty College, Inc., and California Beauty College to provide cosmetology training to students from July 1, 2020 through June 30, 2021. 

A copy of the service agreements between Modesto City High Schools, North Adrian's Beauty College, Inc., and California Beauty College is available for review in the Educational Options office.

 
Financial Impact:
The funding source has been identified within the Local Control Funding Formula.
Recommended Motion:

It is recommended that the Board of Education ratify the agreements with North Adrian’s Beauty College, Inc., and California Beauty College.

D.20. Ratification of Enterprise Subscription Agreement with Schoology from July 1, 2020, through June 30, 2023
Rationale:

Modesto City Schools has historically utilized Schoology Learning Management System since 2014/15 school year. Schoology is a social networking service and virtual learning environment for K-12 school and higher education institutions that allows users to create, manage, and share academic content. This continued contract will be critical in serving our students, teachers and staff with communication during our Distance Learning Model.


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.


The IETS department is asking for the ratification of the 3 Year Enterprise Subscription Agreement for Schoology Learning Management System. Copies of this agreement are available in the Modesto City Schools IETS office for review.

 
Financial Impact:
The fiscal impact of the 3 Year Enterprise Subscription Agreement with Schoology Learning Management System and Modesto City Schools is $428,366. The funding source has been identified as Supplemental Concentration.
Recommended Motion:
It is recommended that the Board of Education approve the Ratification of the Enterprise Subscription Agreement with Schoology from July 1, 2020, through June 30, 2023
D.21. Ratification of License and Software Subscription Agreement with PowerSchool from July 1, 2020, through June 30, 2021
Rationale:

PowerSchool is a comprehensive student information system that enables the Modesto City Schools District to easily manage a wealth of information online: be it grades, transcripts, report cards, assessments, or daily attendance. The data derived from the SIS is critical in serving our students, teachers and staff. Historically, MCS has been in contract with PowerSchool for 10+ years.

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.

With PowerSchool, parents will be able to access vital information about their children quickly and accurately. They can see the results of tests and assignments as soon as they are recorded, enabling them to intervene quickly and communicate with guidance counselors and teachers, if necessary. Day in and day out, PowerSchool will help parents help their children achieve their potential.

The IETS department is asking for the ratification of the Software Subscription Agreement with PowerSchool. Copies of this agreement are available in the Modesto City Schools IETS office for review.

 
Financial Impact:
The fiscal impact of the License and Software Subscription Agreement with PowerSchool is $209,292.92. The funding source has been identified as Supplemental Concentration.
Recommended Motion:
It is recommended that the Board of Education approve the Ratification of License and Software Subscription Agreement with PowerSchool from July 1, 2020, through June 30, 2021.
D.22. Ratification of Service Contract with Epoch Education for Keynote and Training on Implicit Bias/Diversity, July/August 2020
Rationale:

In light of current events, recommendations by Dr. Okonofua, and the needs of our community, the District has decided to utilize time in our Administrators' Week to discuss diversity and equity.  Therefore, the district would like to contract with Dr. Nancy Dome and Epoch Education for keynote and professional development for all managers on implicit bias and diversity.

In addition, Dr. Dome will keynote at a portion of the teachers' Staff Development Day on August 4.

Based on the timeline of securing Dr. Dome and the first 2020-21 Board meeting not occurring until after Administrators' Week, the District is asking the board for a ratification.

2.0:  Ensure all employees have access to high quality professional development.
3.0

The Service Contract can be reviewed in the Curriculum & Instruction/Professional Development office.

 
Financial Impact:

Effective dates of his Service Contract are July 20, 2020 through June 30, 2021, not to exceed $25,000.  The funding source is Title II.

Recommended Motion:
It is recommended that the Board of Education ratify the Service Contract with Epoch Education for keynote and training on implicit bias and diversity, July/August 2020.
E. HUMAN RESOURCES ITEMS (PROPOSED CONSENT AGENDA)
E.1. Approval of Designated Personnel Action Items:
Rationale:
The following designated personnel action items are attached for approval by the Board of Education:
 
Recommended Motion:
It is recommended that the Board of Education approve the attached designated personnel action items.
Attachments:
07-27-20 Personnel Action Line Items Report
E.1.1. Approval of Certificated Personnel Terminations - 15 Items
E.1.2. Approval of Certificated Personnel Leaves of Absence - 9 Items
E.1.3. Approval of Certificated Personnel Employment - 62 Items
E.1.4. Approval of Certificated Personnel Other Appointments - 191 Items
E.1.5. Approval of Certificated Personnel Stipend Appointments - 7 Items
E.1.6. Approval of Certificated Personnel Substitute Appointments - 34 Items
E.1.7. Approval of Classified Personnel Terminations - 13 Items
E.1.8. Approval of Classified Personnel Leaves of Absence - 17 Items
E.1.9. Approval of Classified Personnel Employment - 12 Items
E.1.10. Approval of Classified Personnel Other Appointments - 36 Items
E.1.11. Approval of Classified Personnel Substitute Appointments - 54 Items
E.2. Approval of Clinical Affiliation Agreement with California Baptist University
Rationale:

The District has participated in agreements with colleges and universities to provide supervised clinical experience to college students enrolled in a clinical program.

5.2 Strengthen partnerships with local teaching, training, and employment programs.

The District would like to enter into a Clinical Affiliation Agreement with California Baptist University to provide supervised clinical experience for students enrolled in their School Psychology and School Counseling programs, effective July 28, 2020, through June 30, 2025. A copy of the agreement will be available for review in the Human Resources Office.

 
Financial Impact:
There will be no cost to the District.
Recommended Motion:
It is recommended that the Board of Education approve the Clinical Affiliation Agreement with California Baptist University.
E.3. Approval of Clinical Affiliation Agreement with California State University, Fullerton
Rationale:

The District has participated in agreements with colleges and universities to provide supervised clinical experience to college students enrolled in a nursing program.

5.2 Strengthen partnerships with local teaching, training, and employment programs.

The District is interested in entering into a Clinical Affiliation Agreement with California State University, Fullerton to provide supervised clinical experience for students enrolled in their nursing programs, effective July 28, 2020, through June 30, 2023. A copy of the agreement will be available for review in the Human Resources Office.

 
Financial Impact:
There will be no cost to the District.
Recommended Motion:
It is recommended that the Board of Education approve the Clinical Affiliation Agreement with California State University, Fullerton.
E.4. Approval of Clinical Affiliation Agreement with Emerson College
Rationale:

The District has participated in agreements with colleges and universities to provide supervised clinical experience to college students enrolled in a clinical program.

5.2 Strengthen partnerships with local teaching, training, and employment programs.

The District would like to enter into a Clinical Affiliation Agreement with EmersonCollege to provide supervised clinical experience for students enrolled in their clinical program, effective July 28, 2020, through June 30, 2021, and shall be renewed automatically for additional periods of one (1) year terms. A copy of the agreement will be available for review in the Human Resources Office.

 
Financial Impact:
There will be no cost to the District.
Recommended Motion:
It is recommended that the Board of Education approve the Clinical Affiliation Agreement with Emerson College.
E.5. Approval of Legal Services Agreement with Lozano Smith for the 2020-2021 School Year
Rationale:

Modesto City Schools has contracted with the legal firms to perform legal services as needed by the District.

4.0: Ensure the District is fiscally and operationally sound.

The Modesto City Schools will contract with Lozano Smith to provide legal representation and advice related to District issues for the 2020-2021 school year, effective July 28, 2020 through June 30, 2021.

Lozano Smith will provide legal services in connection with, but not limited to, real and personal property, facilities construction, environmental quality, school impact mitigation, collective bargaining and labor relations, other personnel matters, student matters, trustees’ governance matters, general operations matters, and general education, policy, procedural, litigation matters, and special education matters. A copy of the agreement is available in the Human Resources Office.

 
Financial Impact:

Legal fees have been budgeted in the General Fund not to exceed $645,000.

Recommended Motion:
It is recommended that the Board of Education approve the legal services agreement with Lozano Smith for the 2020-2021 school year.
E.6. Approval of Revised Job Description: Modesto Virtual Academy Teacher
Rationale:

The attached job description does not represent a new position to the District.  The Modesto Virtual Academy Teacher job description is being revised to more accurately reflect the specific responsibilities of the position.

Goal Alignment 5.3:  Expand recruiting and hiring processes to provide support, maximize retention, and increase diversity in the certificated, classified and management workforce.

 
Financial Impact:
The Modesto Virtual Academy Teacher position will be paid from the Certificated Salary Schedule.
Recommended Motion:
It is recommended that the Board of Education approve the revised job description.
Attachments:
Modesto Virtual Academy Teacher Revised Job Description
E.7. Approval of Student Teaching Agreement with San Francisco State University
Rationale:

The District has participated each year in agreements with colleges and universities to provide practice teaching experience to college students enrolled in education curricula.

5.2 Strengthen partnerships with local teaching, training, and employment programs.

The District is interested in entering into a student teaching agreement with San Francisco State University to provide practice teaching experience for their students enrolled in education curricula, effective July 28, 2020 through June 30, 2025.  A copy of the agreement will be available for review in the Human Resources Office.

 
Financial Impact:
There will be no cost to the District.
Recommended Motion:
It is recommended that the Board of Education approve the student teaching agreement with San Francisco State University.
F. MISCELLANEOUS ITEMS: (PROPOSED CONSENT AGENDA)
F.1. Approval of Designated Student Expulsions: None
F.2. Approval of Resolution No. 20/21-03, Opening of Schools in COVID-19 Environment
Rationale:

Stanislaus County is currently on the COVID-19 monitoring list. Under the guidance of our local public health official, Dr. Julie Vaishampayan, Public Health Officer of the Stanislaus County Health Services Agency and the directive of Governor Gavin Newsome schools will remain physically closed and may only provide distance learning until the county has been off the monitoring list for at least 14 days and a provision directing district administration to bring a plan for re-opening in-person instruction when it is safe and permitted to do so.

 
Recommended Motion:
It is recommended that the Board of Education approve Resolution No. 20/21-03, Opening of Schools in COVID-19 Environment.
Attachments:
Resolution No 20/21-03 Opening of Schools 7-27-20
F.3. Approval of Minutes for the June 22, 2020 Regular Meeting of the Board of Education
G. REPORTS AND COMMUNICATIONS:
G.1. Report on Construction Projects Progress Payments
Financial Impact:

                           Previously Paid      Current Payment Balance Due

Advanced Roofing
Re-roofing Johansen & 
Davis High Schools
Contract Price: $436,306                    $414,490.70                $21,815.30                  --------
Certificate No: 4

Alameda Construction
Shackelford Wood Post 
Replacement
Contract Price: $154,330                     $141,785.60                $4,827.90              $7,716.50
Certificate No: 5 

Artificial Turf & Landscaping
Everett Elementary Turf                       $175,835.25               $74,074.04            $13,153.12
Contract Price: $263,062.41
Certificate Nos: 2, 3, 4 & 5

Artificial Turf & Landscaping
Bret Harte Elementary Turf                  $83,633.25                $5,701.75                  --------
Contract Price: $89,335
Certificate No: 2

Golden Bay Fence
Rob Rd Fencing
Contract Price: $301,092                      $286,037.40              $18,428.05               --------
Certificate Nos: 3 & 4 

Grover Landscape Services
Turf at Marshall Elementary
Contract Price: $231,055                     $215,018.25              $16,036.75                 -------
Certificate Nos: 8, 9, & 10
Harris Builders, Inc.
Beyer High JROTC
Contract Price: $642,200                    --------                         $245,290                  $396,910
Certificate No: 1

Haggerty Construction
Mark Twain Corridor &
Site Improvements
Contract Price: $529,750                     --------                      $170,252.03            $359,497.97
Certificate No: 1

J.L. Bray & Son, Inc.
District Office Lobby
& Staircase Remodel
Contract Price: $590,490                     $560,965.50            $29,524.50                --------
Certificate No: 5


Johnson Controls, Inc.
Prop 39 Energy Consultant Srvcs. 
Contract Price: $15,961,603              $11,798,866.90        $1,461,155.96          $2,701,580.14
Certificate No. 23

Sinclair General Engineering
Construction, Inc.
Repaving & Slurry 2020
Contract Price: $1,125,000                    --------                     $209,950                  $915,050
Certificate No. 1


G.2. Report: Quarterly Report on Williams Complaints, Subject Area of Complaint and Resolution
Rationale:

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.

Effective January 1, 2005, pursuant to the Williams vs. State of California litigation settlement and as defined in Education Code 35186, Modesto City Schools posted in every classroom a statement that students have the right to a qualified teacher, adequate and current instructional materials, and a facility that is free from conditions that pose a threat to the health and safety of students or staff. On February 7, 2005, the Board of Education approved Administrative Regulation 1312.4, which addresses procedures for the complaint process.

Summaries of complaints must be publicly reported to the Board on a quarterly basis at a regularly scheduled meeting and forwarded to the county Superintendent of Schools.

There were no complaints received for the fourth quarter of 2020.

 
G.3. Items to be Placed on Future Board of Education Agendas
H. ADJOURNMENT
Disability Information:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Superintendent's office, 209-574-1616. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting.

Published: July 24, 2020, 12:37 PM

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