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Board of Education Agenda 1449th Regular Meeting
Modesto City Schools
August 17, 2020 6:00PM
Board of Education - Virtual Meeting

A. INITIAL MATTERS
Attachments:
Board Agenda 8-17-20 English
Board Agenda 8-17-20 Spanish
A.1. Call to Order - 4:30 p.m.
Rationale:
n 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: 257 482 774#
 
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. Conference with District Labor Negotiator: RM regarding employee organizations: Modesto Teacher's Association and California Employee Association, Chapter No. 007; and Unrepresented Employee (Managers and Administrators)Confidential agenda item.
A.2.2. Potential LitigationConfidential agenda item.
A.2.3. Public Employee Appointments - Titles: > 7-8 PrincipalConfidential agenda item.
A.2.4. 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.

The complete agenda is available at www.mcs4kids.com. 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. Student Representative to the Board Report
B.2. (10 mins) Report on English Learner Master Plan (ELMP) and Approval of Reclassification of Fluent English Proficient (RFEP) Student Criteria
Speaker:
Dr. Lauren Odell/Maricela Mota
Rationale:

The English Learner Master Plan (ELMP) has been revised to ensure compliance and appropriate implementation of districtwide expectations for English Learner (EL) programs.  The previous Modesto City Schools ELMP was written in 2014 and revised in 2018.  Since then, there have been changes related to English Learners that needed updating.  The 2020 ELMP was updated to include EL identification and placement, instructional programs and services, instructional practices, reclassification, State Seal of Biliteracy, and Parent Advisory Committees.

Additionally, English Learner (EL) students must meet certain state English Proficiency criteria to be redesignated as Fluent English Proficient (RFEP):  Language Proficiency Assessment, teacher evaluation, parent consultation, and a Standard Assessment.  Due to COVID-19 and Federal Program Monitoring (FPM), the RFEP criteria has been updated for the 2020-21 school year, specifically related to the Language Proficiency Assessment and the Standardized Assessment criteria.

1.3 Increase English Learner growth toward English proficiency.

 
Financial Impact:
There is no financial impact to the District.
Recommended Motion:
It is recommended that the Board of Education hear a report on the English Learner Master Plan (ELMP), and approve the Reclassification of Fluent English Proficient (RFEP ) Student Criteria.
Attachments:
ELMP-English
ELMP-RFEP PPT Presentation
ELMP-Spanish
RFEP Criteria
B.3. (20 mins) Report on First Day of the 2020-2021 School Year
Speaker:
Brad Goudeau
Rationale:
Modesto City Schools began the 2020-2021 school year on August 10, 2020. Much preparation went into ensuring this first day for our students went as smoothly as possible. While there were issues, the District, along with parents, students, staff, and the community came together with the sole focus of providing our students with an outstanding education, despite these unprecedented times and ever changing circumstances.

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

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.

The District will present highlights of the first day of school.
 
Recommended Motion:

A report will be given describing the opening of school on August 10, 2020.

Attachments:
PPT 1st Day of School Report
B.4. (20 mins) Report on and Approval of 45 Day Budget RevisionWas edited within 72 hours of the Meeting
Speaker:
Tim Zearley
Rationale:

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

Education Code Section 42127 specifies the following:

Not later than 45 days after the Governor signs the annual Budget Act, the school district shall make available for public review any revisions in revenues and expenditures that it has made to its budget to reflect the funding made available by that Budget Act.

The Governor signed the 2020-21 State Budget into law on June 29, 2020, which started the clock ticking on the 45-days, ending on August 13, 2020.  Over the last several years, as the differences between the May Revision and the final Budget Act have not been relatively significant, most districts have not prepared a 45-day revised budget.  There is no version of the Standardized Account Code Structure software for the 45-day budget revision, and the only requirement is to make the revisions publicly available.  The 2020-21 Budget Act was significantly different than the May Revision assumptions used to build our budget, and this revision is an opportunity to update the budget for current projections.

 
Financial Impact:

The 2021 State Budget provided an increase of $25,103,235 to the projected ending fund balance, now estimated to be $94,451,366..

Recommended Motion:

It is recommended that the Board of Education approve the 45-Day Budget Revision to reflect funding made available by the 2020-21 Budget Act.

Attachments:
45-Day Adjustment Budget Comparison
45-Day Adjustment MYP
PPT for 45-Day Budget Revision
B.5. (15 mins) Discussion on Budget Priorities
Speaker:
Tim Zearley
Rationale:

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

The United States economy continues to see a historic economic contraction as a result of the COVID-19 Pandemic.  The U.S. gross domestic product (GDP) drop in the first quarter of 2020 was nearly 4 times worse than the steepest quarterly decline during the Great Recession.  Furthermore, the recent surge in California Coronavirus cases has forced the state economy to shutter once again.

Cabinet met on May 14, 2020 to begin the discussion for potential budget reductions, and drafted Budget Priorities.

The Budget Advisory Committee met on June 3, 2020, to review the recommendations from the 2019-20 Budget Stabilization Plan, review the draft priorities, discuss the Budget Alignment Process, and set dates for the remainder of the year.  

While we were fortunate to receive flat funding in the 2020-21 State Budget Act, we are dealing with the impact of apportionment cash deferrals from the State that could lead to future budgetary issues for Modesto City Schools, in addition to anticipated reductions for the 2021-22 school year.

 
Recommended Motion:

It is recommended that the Board of Education discuss the Budget Priorities that will lead the work of the Budget Advisory Committee and staff for the 2021-22 budget development. 

Attachments:
Budget Priorities
B.6. (15 mins) Approval of Revisions to Modesto City Schools' and Modesto Teachers Association’s Collective Bargaining Agreement for 2019-20
Speaker:
Mike Henderson
Rationale:

Negotiations between Modesto City Schools and the Modesto Teachers Association have concluded and revisions to the Collective Bargaining Agreement for 2019-20 are attached to this report.

1.0:  Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.
2.0:  Ensure all employees have access to high quality professional development.
4.0:  Ensure the District is fiscally and operationally sound.
5.0:  Recruit, hire, train, and retain high quality staff.

The Board of Education must approve the revisions to the Collective Bargaining Agreement for 2019-20. The tentative agreement is attached.

The Modesto Teachers Association will ratify the tentative agreement with revisions to the Modesto City Schools’ and Modesto Teachers Association’s Collective Bargaining Agreement for 2019-20 at an upcoming meeting. It is necessary for the Board of Education to take formal action to approve the tentative agreement.

 
Financial Impact:
Revisions to the 2019-20 Collective Bargaining Agreement with the Modesto Teachers Association will result in an expense of approximately $7,365,155 for the 2020-21 year and the following fiscal impact for subsequent years: $3,661,296 (2021-22 year) and $3,669,497 (2022-23 year).
Recommended Motion:
In accordance with Government Code Section 3547.5, and following consideration of certification that the costs incurred by the school district can be met during the agreement’s term, it is recommended that the Board of Education approve the revisions to the Modesto City Schools’ and Modesto Teachers Association’s Collective Bargaining Agreement for 2019-20.
Attachments:
2019-20 MCS MTA Tentative Agreement
B.7. (10 mins) Approval of Letter of Agreement between Modesto City Schools District and Modesto City Schools’ Managers for the 2019-20 School Year
Speaker:
Mike Henderson
Rationale:

Discussions were held with the Modesto City Schools’ Managers board representative regarding the compensation for Managers commensurate with the agreements of other employee groups.

5.1: Create a District culture of valuing all employees to facilitate hiring and maximize retention.

The Board of Education must approve the Letter of Agreement with the Modesto City Schools’ Managers for the 2019-20 school year.

The Modesto City Schools’ Managers approved the attached Letter of Agreement on August 10, 2020. The Agreement includes a one-time, off the salary schedule payment; increase in the District contribution to Health & Welfare benefits; the provision of District-paid life and long term disability plan; adjustments to the cash-in-lieu provision; and the opportunity for mangers to receive additional compensation upon completion of District-approved professional development. The Agreement must be approved by the Modesto City Schools Board of Education.

 
Financial Impact:

The Agreement with the Modesto City Schools’ Managers will result in a cost of approximately $1,129,413 for the 2020-21 year and the following fiscal impact for subsequent years: $551,527 (2021-22 year) and $551,527 (2022-23 year).

Recommended Motion:
In accordance with Government Code Section 3547.5, and following consideration of certification that the costs incurred by the school district can be met during the agreement’s term, it is recommended that the Board of Education approve the Letter of Agreement between Modesto City Schools District and Modesto City Schools’ Managers for the 2019-20 School Year.
Attachments:
LOA - Management 2019-20 Compensation Package
C. BUSINESS ITEMS (PROPOSED CONSENT AGENDA)
C.1. Approval of July Revisions to the Adopted 2020/21 Budget
Rationale:

The Board adopted the 2020/21 budget on June 22, 2020.  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 July 1, 2020 and July 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.

 
Financial Impact:

The adjusted budget retains all State and Board designated reserves.

Recommended Motion:

It is recommended that the Board of Education approve the July revisions to the adopted 2020/21 budget.

C.2. Approval of Amendment to Authorization on May 18, 2020 of Bid Award #20-4729 Nutrition Services Manufacturer Direct Ship Food Products for Bakecrafters Food Company
Rationale:

The Nutrition Services Department provides food, paper and janitorial products for the 
Basic Breakfast Program (BBP), Severe Needy Breakfast Program (SNBP), the National School Lunch Program (NSLP) and the After School Meal Supplements (AMS) as part of 
the USDA Nutritional and Sanitation Guidelines.

3.4 Improve customer service for students, families, staff, and community to support welcoming school environments.

The Nutrition Services Department provides food, paper and janitorial supplies to Modesto City Schools’ cafeterias to help meet the USDA nutritional and sanitation guidelines.  The estimated annual cost exceeds the current bid threshold of $250,000; therefore, competitive bids were sought to meet formal bidding requirements.

Bid #20-4729 Nutrition Services Manufacturer Direct Ship Food Products were sent to various vendors, posted on the District’s website, and advertised as required by law.  Bid # 20-4729 was sent to fifty-six (56) vendors with twenty-three (23) responses. The bid awards are for one (1) year, with the option to renew for two (2) additional one-year periods.  

Bids are awarded to the lowest cost responsive and responsible bidders for each line item and the estimated amounts for the purchase of food products from these vendors.

Attached is an amendment to the list of each bid, vendor and bid amount.  Bid #20-4729 to vendor Bakecrafters Food Company was listed with a clerical error to the amount.  The amount listed for $20,000. should have been listed at $820,000, based on the Bid Award.   

 
Financial Impact:

The estimated annual cost for the combined purchases is amended to $7,318,000 to be funded by the Nutrition Services Department Cafeteria Fund.

Recommended Motion:

It is recommended that the Board of Education approve amendment to authorization on May 18, 2020 of Bid Award #20-4729 Nutrition Services Manufacturer Direct Ship Food Products for Bakecrafters Food Company. 

Attachments:
Bid Award #20-4729 Amendment
C.3. Approval of Authorization to Award Bid No.20-4741, for Downey High School Agriculture Storage Building to Don Fowler Construction, in the amount of $188,700
Rationale:
On May 4, 2020, the Board of Education approved authorization to seek bids for Downey High School agriculture storage building. 

A mandatory job walk was held on July 20, 2020, for Bid No. 20-4741; seven (7) individuals signing in with four (4) companies submitting proposals.

The Board of Education needs to award the bid and authorize staff to enter into an agreement before project work may begin.

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

Bid No. 20-4741, for Downey High School agriculture storage building was opened on July 30, 2020, at 4:00 p.m., with the following results:
 

Contractor     Base Bid Amount
JHK Construction, Inc.   Withdrew Bid
Don Fowler Construction   $188,700
Sinclair General Engineering Construction, Inc. $197,420
Barham Inc. dba BZ Construction $216,617


 
Financial Impact:
The probable cost of the project is estimated at $300,000. Funding for this project will come from Career Technical Education dollars.  
Recommended Motion:
It is recommended that the Board of Education approve authorization to award Bid No. 20-4741, for Downey High School Agriculture Storage Building to Don Fowler Construction, in the amount of $188,700. 
C.4. Approval of Change Order Number Five Amending the Performance Contract for Energy Services with Johnson Controls, Inc. to Extend the Completion Date to January 31, 2021
Rationale:

Goal 4:3 Invest in school facilities and infrastructure for safe and clean facilities.

On November 17, 2014, the Board approved authorization to seek qualifications/proposals for Proposition 39 Energy Consultant Services.

On February 10, 2015, the Board approved authorization to award RFQ/P #15-4582, Proposition 39 Energy Consultant Services, to Johnson Controls, Inc.  The initial agreement was a maximum of $151,294 with the acknowledgement that it may be absorbed into future Johnson Controls, Inc. implementation contracts based on specific savings projects. 

On February 29, 2016, the Board approved authorization to award a performance contract for energy services to Johnson Controls, Inc.

On March 30, 2016, a performance contract for energy services was executed with Johnson Controls, Inc. in the amount of $6,208,376.

On September 11, 2017, the Board approved change order number one increasing the contract amount by $872,004 for a new contract amount of $7,080,380 and adding to the scope of work.

On March 12, 2018, the Board approved change order number two increasing the contract amount by $381,223 for a new contract amount of $7,461,603.

On December 10, 2018, the Board approved change order number three adding additional interior lighting modifications for El Vista Elementary School, reducing the amount of interior lighting modifications for Beyer High School, and extending the time for completion to November 30, 2018.

On December 10, 2018, the Board approved change order number four adding Phase 2 of lighting modifications in the amount of $8,500,000 and extending the time for completion to August 30, 2020.  Phase 2 finishes the interior lighting modifications at all sites and stadium lighting modifications at Downey, Gregori and Johansen High Schools.

Because of COVID-19, the contractor has been unable to keep the construction schedule with a completion date of August 30, 2020.

Change order number five is extending the completion date to January 31, 2021.

The Board of Education is requested to approve change order number five.

 
Financial Impact:

The approval of change order number five will result in no change to amount of the contract.

Funding for this project is coming from California Clean Energy Jobs Act and equipment lease purchase financing.

Recommended Motion:

It is recommended that the Board of Education approve change order number five amending the performance contract for energy services with Johnson Controls, Inc. to extend the completion date to January 31, 2021.

Attachments:
Johnson Controls Change Order #5
C.5. Ratification of Purchase Orders and VISA Payments for the Month of July 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 July 2020.
Recommended Motion:
It is recommended that the Board of Education ratify the purchase orders and VISA payments for the month of July 2020.
C.6. Ratification of Warrants Drawn for the Month of July 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 2020/21.

 
Recommended Motion:

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

D. CURRICULUM AND INSTRUCTION ITEMS (PROPOSED CONSENT AGENDA)
D.1. Approval of Agreement to Provide Vocational Training Services to the County of Stanislaus Inmates/Jail Alternatives Participants and Modesto City Schools’ Adult Career Technical Education (CTE) Students
Rationale:

An agreement to provide vocational training services to County of Stanislaus inmates and jail alternatives participants was last approved by the Stanislaus County Board of Supervisors in December, 2018.  Since that date, the County of Stanislaus has continued working in partnership with Modesto City Schools to provide welding training/instruction to in-custody inmates and work release participants.  This instruction has provided an opportunity for participants to learn a marketable skill.

County of Stanislaus has updated the agreement to provide vocational training services to inmates/jail alternatives participants and Modesto City Schools’ Adult Career Technical Education (CTE) students. 

A copy of the service agreement is available in the Educational Options office for review.

 
Financial Impact:
Modesto City Schools provides an instructor position and welding equipment to operate the program.  The funding source has been identified in the Local Control and Accountability Plan (LCAP).
Recommended Motion:
It is recommended that the Board of Education approve the agreement to provide vocational training services to the County of Stanislaus inmates/jail alternatives participants and Modesto City Schools’ adult Career Technical Education (CTE) students.
D.2. Approval of Contract with Epoch Education Inc. for Training on Implicit Bias/Diversity, 2020-2021
Rationale:

District Goal 1 addresses equitable access to enable our students to attain college and career readiness. Recent events across the nation has led Modesto City Schools to look at our existing practices and determine areas in need of attention through the lens of equity and racial justice. The District proposes a contract with Epoch Education to assist District leadership in completing the action items included in the Equity and Racial Justice Framework reviewed by the Board of Education at the July 27, 2020 Board meeting.

The agreement with Epoch Education includes co-facilitation of the Equity and Racial Justice Framework, professional development for administrators, teachers, and classified staff in areas such as implicit bias and cultural responsiveness. In addition, the agreement includes site-based leadership training and quarterly training specific to site administration.

Epoch Education will also collaborate with the District in hosting two community forums to ensure the voice of community provides input to this important work.

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.

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:
Effective dates of this service contract are August 18, 2020 through June 30, 2021, not to exceed $100,000. The funding source will be Title II and Title IV.
Recommended Motion:
It is recommended that the Board of Education approve the services contract with Epoch Education for training on implicit bias/diversity, 2020-2021.
D.3. Approval of Revised High School Course Outline: Special Education
Rationale:

The following course outline has been revised to match newly adopted (SAVVAS) curriculum.

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 revised 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:

Algebra 1 Par

 
Recommended Motion:

It is recommended that the Board of Education approve the revised high school course outline:  Special Education.

D.4. Approval of New 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
1.2 Increase students being identified as "prepared" in the college/career indicators

The following courses have been designed for our Modesto Virtual Academy students.

Algebra 1 Par OLL

Financial Math Par OLL

Personal Financial Math OLl

 
Recommended Motion:
It is recommended that the Board of Education approve the new high school course outlines for Modesto Virtual Academy.
D.5. Approval of Services Agreement with Mindset Science Solutions, LLC effective August 18, 2020 through June 30, 2023
Rationale:

During the 2018-2019 school year, the District entered into a contract with Dr. Jason Okonofua, Mindset Science Solutions, LLC to analyze Modesto City Schools’ data and disciplinary policies. Once completed in the Fall of 2019, Dr. Okonofua provided recommendations to the District which included the use of a bi-directional program to influence teachers and their abilities to form positive relationships with students. These surveys would provide pre-post data in teacher’s job satisfaction, and confidence in working with at-risk youth in their classrooms.

The services agreement with Mindset Science Solutions, LLC includes the costs associated with the implementation of the Teacher Perspective Program (TPP), including staff and student surveys, collection and analysis of survey data. A copy of the services agreement can be reviewed in the Student Support Services Office.

Dr. Okonofua will provide the Board and community members with a report at the conclusion of services.

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.

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:
Effective dates of this services agreement are August 18, 2020 through June 30, 2023, not to exceed $120,000. The funding source is Title IV funds.
Recommended Motion:
It is recommended that the Board of Education approve the services agreement with Mindset Science Solutions, LLC effective August 18, 2020 through June 30, 2023.
D.6. Ratification of Amendment #1 to the Agreement for Delegation of Activities Under Head Start Grant No. 09-CH-011214/01for the Period of September 1, 2019 Through August 31, 2020
Rationale:

Modesto City Schools (MCS) contracts annually with the Stanislaus County Office of Education (SCOE) for federal Head Start funding, providing services for 500 preschool age children.  This amendment reflects the awarding of COVID-19 One-Time Supplemental Regional Head Start funds.

Stanislaus County Office of Education requires ratification by the Board of Education. 

1.1 Ensure Great Instruction First Time.
3.2 Promote outstanding students, families, staff, programs, schools, and community partners.

The Board of Education will ratify the agreement with the Stanislaus County Office of Education to ensure continued federal Head Start funding.  A copy of the agreement is available in the Business Services office.

 
Financial Impact:

The maximum contract sum to be paid to Delegate from ACF funds shall be amended by increasing from $3,739,290 to $3,989,290. 

Head Start Basic funds, T&TA funds and the nonfederal share amount shall not change. Head Start COVID-19 One-Time funds shall be awarded in the amount of $250,000.

Recommended Motion:
It is recommended that the Board of Education ratify Amendment #1 to the Agreement for Delegation of Activities under Head Start Grant No. 09-CH-011214/01 for the period of September 1, 2019 through August 31, 2020.
D.7. Ratification of Amendment #3 to the Partnership Agreement for Early Head Start Child Care Partnership Services for the Period of September 1, 2019 Through August 31, 2020
Rationale:

The Stanislaus County Office of Education (SCOE) entered into a partnership with Modesto City Schools (MCS) to provide Early Head Start services to 46 children ages birth through 3 years in the Family Child Care Program.  This partnership agreement is for the period beginning September 1, 2019 through August 31, 2020.

Stanislaus County Office of Education requires ratification by the Board of Education.  The ratification of the partnership agreement will continue to provide services to the Early Head Start Program.

This amendment reflects the awarding of COVID-19 One-Time Supplemental Early Head Start Child Care Partnership funds. 

1.1 Ensure Great Instruction First Time.
3.2 Promote outstanding students, families, staff, programs, schools, and community partners.

 
Financial Impact:

The maximum reimbursable amount for the services delivered under this agreement for the period September 1, 2019 to August 31, 2020 is amended from $533,048 to $556,048 Basic Funds. The minimum nonfederal share amount shall not change remaining at $133,262. The total minimum number of EHS-CCP eligible children shall not change remaining at 46.

Recommended Motion:
It is recommended that the Board of Education ratify the partnership agreement for Early Head Start Child Care Partnership services for the period September 1, 2019 through August 31, 2020.
D.8. Ratification of Modesto City Schools SELPA Services Agreement for 2020-2021: EBS Healthcare, Inc.; Ed Theory, LLC; TTF Solutions, LLC dba ProCare Therapy; Therapy Staff, LLC; Therapy Travelers, LLC.
Rationale:

The Special Education Department contracts with outside providers to serve our Special Education population.  Services agreements for these providers are submitted throughout the year. 

1.4:  Develop a Multi-Tiered System of Support for all students.
1.6:  Increase access to general education for students with disabilities.

Due to position vacancies in numerous provider categories, (including speech therapists, physical therapists and occupational therapists), Modesto City Schools SELPA will need to contract with EBS Healthcare, Inc.; Ed Theory, LLC; TTF Solutions, LLC dba ProCare Therapy; Therapy Staff, LLC; and Therapy Travelers, LLC to continue to provide services/therapy to students. Additional positions may be required in other provider categories throughout the year.

Copies of the services agreements between Modesto City Schools SELPA and EBS Healthcare, Inc.; Ed Theory, LLC; TTF Solutions, LLC dba ProCare Therapy; Therapy Staff, LLC; and Therapy Travelers, LLC are available in the Modesto City Schools District Special Education Department for review.

 
Financial Impact:

The fiscal impact of the contracts with all entities, including EBS Healthcare, Inc.; Ed Theory, LLC; TTF Solutions, LLC dba ProCare Therapy; Therapy Staff, LLC; and Therapy Travelers, LLC will not exceed $1,600,000.  The funding source has been identified as General Fund Special Education funds.    

Recommended Motion:

It is recommended that the Board of Education ratify the Modesto City Schools SELPA Services Agreements for the 2020-2021 school year with: EBS Healthcare, Inc.; Ed Theory, LLC; TTF Solutions, LLC dba ProCare Therapy; Therapy Staff, LLC; and Therapy Travelers, LLC.

D.9. Ratification of Service Agreement with Concentra: Occupational Health Centers of California, a Medical Corporation
Rationale:

Drug testing is required for all Career Technical Education (CTE) high school and adult students enrolled in medical courses which have training at various local hospitals and medical offices. Testing must be completed prior to students bring placed in on-the-job training at these facilities.


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.

A copy of the Service Agreement can be reviewed in the Educational Options office upon request.

 
Financial Impact:

Funding has been identified as the District's Supplemental/Concentration fund for the high school students and the Community Services Agency for adult students. The adult student costs will be reimbursed to the District.

The total estimated one-time cost will not exceed $16,650.

Recommended Motion:

It is recommended that the Board of Education approve the service agreement with Concentra: Occupational Health Centers of California, a Medical Corporation.

D.10. Ratification of Services Agreement with Michael Perea to Provide Training and Testing in CPR for Career Technical Education (CTE) Students
Rationale:

For the past twelve years, the District has entered into an agreement with Michael Perea to provide training and testing in CPR to Career Technical Education (CTE) students enrolled in medical and fire science courses.  

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

The District would like to renew this agreement for services with Michael Perea through June 30, 2021, to train and test students in CPR.  

A copy of the Services Agreement can be viewed in the Educational Options office upon request.

 
Financial Impact:
The funding source for this service agreement has been identified in the Local Control Funding Formula for the high school students. Adult students will be covered through our Community Services Agency agreement.  The service agreement will not exceed $9,900.
Recommended Motion:
It is recommended that the Board of Education approve the ratification of the Services Agreement with Michael Perea to provide training and testing in CPR for CTE students.
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:
08-17-20 Personnel Action Line Items Report
E.1.1. Approval of Certificated Personnel Terminations - 9 Items
E.1.2. Approval of Certificated Personnel Leaves of Absence - 5 Items
E.1.3. Approval of Certificated Personnel Employment - 51 Items
E.1.4. Approval of Certificated Personnel Other Appointments - 15 Items
E.1.5. Approval of Certificated Personnel Stipend Appointments - 2 Items
E.1.6. Approval of Certificated Personnel Substitute Appointments - 29 Items
E.1.7. Approval of Classified Personnel Terminations - 12 Items
E.1.8. Approval of Classified Personnel Leaves of Absence - 8 Items
E.1.9. Approval of Classified Personnel Employment - 11 Items
E.1.10. Approval of Classified Personnel Other Appointments - 24 Items
E.1.11. Approval of Classified Personnel Substitute Appointments - 9 Items
E.2. Public Notice to Approve Submission of Provisional Internship Permit to the California Commission on Teacher Credentialing
Rationale:

When an employing agency finds there is an insufficient number of qualified certificated persons who meet the specified employment criteria for a position, a Provisional Internship Permit provides employing agencies an option to fill an assignment with an individual who qualifies under one of the available assignment options.

5.0 Recruit, hire, train, and retain high quality staff.

In order for Celene Perez-Espanta to be compliant with the Education Specialist Moderate/Severe authorization, a Provisional Internship Permit must be procured from the California Commission on
Teacher Credentialing.

It is proposed that the Board of Education review and approve the request for Provisional Internship Permit.

 
Financial Impact:
There will be no cost to the District.
Recommended Motion:
It is recommended that the Board of Education approve submission of Provisional Internship Permit to the California Commission on Teacher Credentialing.
Attachments:
08-17-20 Attach Provisional Internship Permit List
E.3. Public Notice to Approve Waiver Request of California Education Code 44252(b) to Submit Waiver Request to the California Commission on Teacher Credentialing
Rationale:

When an employing agency finds there is an insufficient number of qualified certificated persons who meet the specified employment criteria for a position, a Variable Term Waiver provides employing agencies an option to fill an assignment with an individual who qualifies under one of the available assignment options.

5.0 Recruit, hire, train, and retain high quality staff.

In order for Eliana Bendezu Portela to be compliant with the Basic Skills Requirement, a waiver of California Education Code 44252(b) must be procured from the California Commission on Teacher Credentialing.

It is proposed that the Board of Education review and approve the request for Variable Term Waiver.

 
Financial Impact:
There will be no cost to the District.
Recommended Motion:
It is recommended that the Board of Education approve waiver request of California Education Code 4425 (b) to submit waiver request to the California Commission on Teacher Credentialing.
Attachments:
08-17-20 Attach Waiver List - Ed Code 44252b
E.4. Public Notice to Approve Waiver Request of California Education Code 44253.11 to Submit Waiver Request to the California Commission on Teacher Credentialing
Rationale:

When an employing agency finds there is an insufficient number of qualified certificated persons who meet the specified employment criteria for a position, a Variable Term Waiver provides employing agencies an option to fill an assignment with an individual who qualifies under one of the available assignment options.

5.0 Recruit, hire, train, and retain high quality staff.

In order for Robert Phillips, Eric Ornelas, Luis Rodriguez, and Terence Braxton be compliant with the English Learner authorization requirement, a waiver of California Education Code 44253.11 must be procured from the California Commission on Teacher Credentialing.

It is proposed that the Board of Education review and approve the request for Variable Term Waiver.

 
Financial Impact:
There will be no cost to the District.
Recommended Motion:
It is recommended that the Board of Education approve waiver request of California Education Code 44253.11 to submit waiver request to the California Commission on Teacher Credentialing.
Attachments:
08-17-20 Attach Waiver List - Ed Code 44253.11
E.5. Public Notice to Approve Waiver Request of California Education Code 80046.1 to Submit Waiver Request to the California Commission on Teacher Credentialing
Rationale:

When an employing agency finds there is an insufficient number of qualified certificated persons who meet the specified employment criteria for a position, a Variable Term Waiver provides employing agencies an option to fill an assignment with an individual who qualifies under one of the available assignment options.

5.0 Recruit, hire, train, and retain high quality staff.

In order for Amanda Torres to be compliant with the Adapted Physical Education requirement, a waiver of California Education Code 80046.1 must be procured from the California Commission on Teacher Credentialing.

It is proposed that the Board of Education review and approve the request for Variable Term Waiver.

 
Financial Impact:
There will be no cost to the District.
Recommended Motion:
It is recommended that the Board of Education approve waiver request of California Education Code 80046.1 to submit waiver request to the California Commission on Teacher Credentialing.
Attachments:
08-17-20 Attach Waiver List - Ed Code 80046.1
E.6. Approval of Clinical Affiliation Agreement with University of St. Augustine
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 the University of St. Augustine to provide supervised clinical experience for students enrolled in their Physical Therapy, Occupational Therapy, and Speech Language Pathology programs, effective August 18, 2020, through June 30, 2025, and each term thereafter shall be renewed automatically for additional five-year periods. 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 the University of St. Augustine.
E.7. Approval of Resolution No. 20/21-05 Authorizing Assignment of Teachers Outside of Credentialed Academic Major or Minor Under the Licensing of Certificated Personnel Law for the 2020-21 School Year
Rationale:

The services of teachers are required in subject areas other than those authorized by his or her credentials because of District need. The District may authorize staff who are holders of a General Elementary or Secondary Credential to teach outside of his or her college academic major or minor.  Individuals holding Standard Teaching, Single Subject or Multiple Subject Credentials may be authorized to teach courses in Grades 7-12 other than those authorized by subject areas designated on their credentials.

5.0 Recruit, hire, train, and retain high quality staff.

To qualify to teach certain classes, those teachers with the Standard Secondary or Single Subject credentials must have 18 semester hours of course work, or nine semester hours of upper division, or graduate course work in the subject area, or have completed at least 60 semester hours equally distributed among the four areas of diversified major for instruction in a self-contained classroom, as set forth in Education Code Section 44263. For those with the Multiple Subject and Standard Elementary Credentials, it is necessary that they have 12 semester units or 6 upper division or graduate units to teach subjects in departmentalized settings in grades nine and below, as set forth in Education Code Section 44256. The holder of a Single Subject teaching or a Standard Secondary teaching credential may be partially assigned to teach classes in grades 5 to 8, inclusive, in a middle school, provided that he or she has a minimum 12 semester units, or six upper division or graduate units, as set forth in Education Code Section 44258.2. A credential holder whose credential is in a subject other than physical education may be authorized, by action of the Governing Board, to coach one period per day in a competitive sport for which students receive physical education credit, as set forth in Education Code Section 44258.7.

Based on the aforementioned Education Code Sections, a Board Resolution must be approved to allow teachers to teach courses that are both necessary and desirable for the efficient operation of the junior and senior high schools.

 
Financial Impact:
There will be no fiscal impact.
Recommended Motion:
It is recommended that the Board of Education approve Resolution No. 20/21-05 authorizing assignment of teachers outside of credentialed academic major or minor under the Licensing of Certificated Personnel Law for the 2020-21 school year.
Attachments:
08-17-20 Resolution 20-21_05
E.8. Approval of Affiliation Agreement with Nutrition Ink
Rationale:

The District has participated in agreements with colleges, and universities to provide supervised field experience to students enrolled in various programs.

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

The District would like to enter into an Affiliation Agreement with Nutrition Ink to provide supervised experience for students enrolled in their Foodservice Management program, effective August 18, 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 Nutrition Ink.
F. MISCELLANEOUS ITEMS: (PROPOSED CONSENT AGENDA)
F.1. Approval of Designated Student Expulsions: None
F.2. Approval of Minutes for the July 20, 2020 Special Board Meeting and July 27, 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 Various Sites
Contract Price: $772,662                        --------             $513,820.23                $258,841.77
Certificate No: 1

Anchor Singh Painting
Exterior Paint
Martone & Fairview
Contract Price: $115,000                        --------               $61,750                      $53,250
Certificate No: 1

Haggerty Construction
Mark Twain Corridor &
Site Improvements
Contract Price: $529,750                      $170,252.03       $290,977.48              $68,520.49
Certificate No: 2

G.2. 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: August 14, 2020, 11:32 AM

The resubmit was successful.