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/UC6RHJCeKy8rDxRHyRUPVJIw/

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:

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 – if time allows)

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, if time allows.

By Phone:
If you are unable to email or come in-person to make 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, if time allows.

In-Person (effective 11/9/20):
Members of the public can make their comment in-person at the Boardroom located at 425 Locust Street. Due to seating configurations to meet social distancing guidelines seating for the public is limited to nine public speakers in the Boardroom waiting area and twenty people in an alternate seating room. Live video footage will be played in both rooms. 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.
IMPORTANT: Any individual attending the meeting must wear a mask and maintain six feet of physical distance. If you are displaying any symptoms of COVID-19 we ask that you please stay home and consult your health professional as to not expose others to the virus and instead submit your comment via email or voicemail per the instructions above. The Board assumes no liability for any health risks to members of the public who attend the Board meeting in-person. All individuals attending the meeting in-person do so at their own risk.

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: 294 174 976#

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

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 and 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.

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 3 minutes.

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

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 September 1, 2019 and September 30, 2020 are presented in the following reports.  Explanations are provided for adjustments over $25,000 for revenue and expenditure groups by fund.  This report reflects adjustments to the budget only, not a complete financial statement.  Copies of the full report are available for review in the Budget Department.

The adjusted budget retains all State and Board designated reserves.

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

Purchases are required for various cellular voice and data services during the course of each year.

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

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

The current NASPO Value Point contract the District uses for cellular voice and data (CVD) services purchased from Verizon Wireless will expire on December 31, 2020.  Staff have identified CALNET as another statewide contract through the California Department of Technology (CDT) to continue receiving competitive pricing for CVD purchases from Verizon Wireless.

The CALNET CVD services agreement with Verizon was executed on May 23, 2019 and expires on May 23, 2023.

The CALNET contract was competitively solicited consistent with procurement laws per provision 20118 of the Public Contract Code.  Services covered under this agreement include wireless voice calling plans, wireless data plans, wireless voice and data bundled plans, machine-to-machine/telemetry plans, and additional wireless services.  It is staff’s determination that the District would derive more benefit by utilizing this cooperative bid contract than to seek a separate bid for these services.

Annual expenses for the use of District cellular voice and data services are estimated at $125,000.  Various funding sources are utilized such as the General Fund, Categorical Funds or site monies.

It is recommended that the Board of Education approve authorization to utilize the California Department of Technology (CDT) statewide contract CALNET Cellular Voice and Data (CVD) services, Agreement #C4-CVD-19-001-03 with Verizon Wireless.

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, services agreements are needed when the District is unable to meet the technical demands with current resources and skill levels.

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

On September 08, 2020 the Board of Education approved the Consult Agreement with CDW Government LLC and MCS for the 2020-21 Fiscal Year.  The initial agreement was a maximum of $20,000. This consult agreement will utilize the CDW Government LLC as governed by City of Mesa Agreement Number 2018011 Information Technology Solutions & Services between CDW Government LLC and City of Mesa, Arizona, Administered by National IPA.

Due to COVID-19, and the increased stress on our Network Infrastructure, there is a necessity to increase the support hours with a change order to this agreement. The increase of support will be from the previously approved 90 hours to 240 hours with the same agreement end date of June 30, 2020.

Copies of this change order to the service agreement are available in the Modesto City Schools IETS office for review.

The approval of this change order will increase the not to exceed maximum amount of the agreement to $48,000. (Time and Materials Contract)

It is recommended that the Board of Education approve the change order amending the Consult Agreement with CDW Government LLC and MCS for the 2020-21 Fiscal Year.

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.

Due to a department re-organization, there is a need for specialized services in the Transportation Department, effective November 10, 2020.

The District is planning to re-open schools.  There is a need for specialized services to assist with re-opening for bus routing, PPE guidance and enforcement, and communications for SB 328 planning and implementation.

Staff proposes to contract with The Volator Group, Inc., for consulting services of for the remainder of the fiscal year.  This will not exceed $80,000.00 through June 30, 2021.

The services with the Volator Group, Inc. is not to exceed $80,000 for the specific scope of service.  The agreement can be reviewed in the Business Services Office.  The fiscal impact will be absorbed by Transportation Reorganization savings.

It is recommended that the Board of Education approve the contract for specialist services with the Volator Group, Inc., through June 30, 2021.

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

California Education Code section 17406 permits the governing board of a school district to lease property to a developer, who constructs tenant improvements to the property and leases back the completed improvements to the District.  The lease terminates after payments are completed. 

In accordance with the section 17406, on September 8, 2020, the Board adopted Resolution No. 20/21-07, supporting the award of the Site Lease and Facilities Lease for the Project to Robert E. Boyer Construction, Inc. (“Boyer”) under the District’s Best Value Methodology.  The Facilities Lease provided that Boyer would perform preconstruction services to develop a Guaranteed Maximum Price (“GMP”) and Construction Schedule for each increment of the Project.  Boyer and the District have agreed to bid the trade contracts in two distinct increments, each with an associated bid package (“Bid Package”), as follows:

Bid Package #1:  New modular 900s wing classroom building construction at Grace M. Davis High School because of an increase in the student population and

Bid Package #2:  Shop and site renovations at the Transportation Department.

ISSUE

Following completion of Boyer’s preconstruction services, District staff and consultants have negotiated a GMP in the amount of $3,400,000 for Bid Packages #1 and #2. 

The Amendment provides that Boyer will construct the Project in accordance with the Facilities Lease for the GMP and establishes the Construction Schedule for the Project. The Amendment also modifies the terms, such as Completion Date, Insurance, Schedule of Values, or any negotiated terms.  To account for those changes, the Amendment modifies the Facilities Lease, including Exhibits C, F, and G of the Facilities Lease, and the accompanying Contract Documents to the Facilities Lease.

Copies of the Site Lease and the Facilities Lease for this project are available for review in the Maintenance and Operations Office.

PROPOSAL

Staff proposes the approval of Amendment No. 1 to the Facilities Lease with Robert E. Boyer Construction, Inc. for the Grace M. Davis High School 900 Wing Addition and Transportation Department Shop and Site Renovations Project.

The probable cost of the entire project is estimated at $7,236,000.  The project will be funded from Career Technical Education Facilities Program Grant, Facility Maintenance, High School Developer Fee, Special Reserve and High School Facility Improvement Funds.

It is recommended that the Board of Education approve Amendment No. 1 to the Facilities Lease with Robert E. Boyer Construction, Inc. for the Grace M. Davis High School 900 Wing Addition and Transportation Department Shop and Site Renovations project.

Due to the COVID-19 pandemic, the California Interscholastic Federation (CIF) "season of sport" athletic contest dates have changed for the 2020-21 school year.  The traditional Fall athletic schedules are referred to as "Season 1", and are scheduled to begin in December, 2020.  The CIF Season 1 (Fall) athletic schedules for 2020-2021 have been reviewed by the District Athletic Chairperson, Grades 9-12, and the Associate Superintendent, Educational Services, and are in compliance with District policy.  Athletes are to be excused so they may arrive at the contest in time to warm-up and start the contest at the approved time.  The District has no control over times set for sub-section meets, section meets, and state meets.  Athletes participating in these meets will make up any class work missed.

The CIF Season 1 athletic schedules are attached.

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

Athletic schedules must be approved by the Board of Education.

On August 17, 2020, the Board approved an agreement 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.

An addendum to the services contract will need to be approved to include additional services provided by Epoch Education as follows:
• District/School Capacity Building
  o Equity Learning Series (ELS)
• Professional Learning/Coherence
  o Two (2) full days or equivalent hours
    Includes nine (9) monthly student meetings and staff coaching

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.

The original service contract with Epochs Education was approved for a total compensation not to exceed $100,000. The addendum to the service contract will increase compensation to Epoch Education by $15,500, for a total compensation not to exceed $115,500. The term of this service contract began August 18, 2020 and will terminate on June 30, 2021. The funding for this Addendum will be Title II.

Applied Restorative Concepts provided Culturally Responsive Practices professional development for Modesto City Schools employees during the 2019-20 school year.  We would, again, like to offer this professional development to employees for 2020-21.  The program is designed to strengthen cultural humility using critical race theory to identify oppression amongst marginalized populations.  The goal is to increase knowledge about oppression, bias and tolerance; increase identification of trauma-related behavioral responses in students and solutions; and develop, implement and model restorative skills.

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

California Education Code 64001 requires that all schools receiving categorical funding annually submit a School Plan for Student Achievement. These plans must be prepared in accordance with law by School Site Councils. The Board’s approval of the individual school plans authorizes the expenditure of categorical program funds. 

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

The Education Code requires Board approval of the School Plans for Student Achievement.

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

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

It was found that the following Administrative Regulation needed to be revised or adopted: AR 6173 and E 6173, Education for Homeless Children. AR 6173 is being merged with MCS AR 6170, Education for Homeless Children; Deletion of AR 6170, Education for Homeless Children.

The Human Resources Department is responsible for proposing new job descriptions and maintaining up-to-date job descriptions through revisions, and placing employees appropriately on the respective salary schedules.  The proposed job descriptions were approved by the Superintendent's Cabinet.

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

The new job descriptions are being proposed as part of the Transportation Reorganization Plan

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.

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 Hannah Cole, and Michelle McCarthy 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.

There will be no cost to the District.

Board Policy 4315.1, Administrative Competence in Evaluation, and Education Code 35160.5, states that it is the intent of the Modesto City Schools’ Board of Education to certify that personnel assigned to evaluate teachers must demonstrate competency in instructional methodologies and evaluation of instruction.

5.0 Recruit, hire, train, and retain high quality staff. To comply with Board Policy 4315.1, the following Modesto City Schools’ administrator has received training in instructional methodology and evaluation of
instruction:

• Jackie Hawkins, Vice Principal, K-6

It is recommended that the Board of Education approve certification of Modesto City Schools’ Administrators in instructional methodology and evaluation of instruction.

                                                           Previously Paid      Current Payment       Balance Due

Don Fowler Construction
Downey Ag Storage Building
Contract Price: $188,700                       ----------                   $53,675                         $135,025
Certificate No: 1

Harris Builders, Inc.
Beyer High JROTC
Contract Price: $642,200                         $548,720              $26,516.33                    $66,963.67
Certificate No: 4

The District periodically invests funds with the State’s Local Agency Investment Fund (LAIF), the California Asset Management Program (CAMP) and in specific securities as allowed under the Government Code and Board policy.

Goal 3.3    Increase regular two-way communication with stakeholders regarding student progress and other important issues.

Goal 4       Ensure the District is fiscally and operationally sound.

The Board of Education should periodically review the District’s investments.

The District’s investments as of September 30, 2020 are shown on the attached report and are in compliance with the Board’s investment policy and all Government Code requirements.  The District’s investment advisor, Public Financial Management, provides the market value of individual securities.  LAIF, CAMP and the County Treasury provide market value information for those funds.

The Stanislaus County Treasury yield rate (similar to interest rate) at September 30, 2020 has decreased 30 basis points from the previous quarter and decreased 91 basis points over the last year.  The cash balance in the Stanislaus County Treasury has increased about $21.50 million over the balance for the previous quarter and increased about $51.86 million over the balance a year ago.  The increase of $21.50 million in cash balance from the previous quarter is related to an increase in cash balance in the General Fund of $44.35 million because of COVID/CARES assistance funding and offset by the debt service payments of $15.74 million in the Bond Funds and payment of $5 million of construction activity.  The increase of $51.86 million in cash balance from a year ago is related to an increase in cash balance in the General Fund of $58.7 million because of COVID/CARES assistance funding and offset by the payment of $5 million of construction activity and $3.5 million for instructional materials.