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Board of Education Agenda 1455th Regular Meeting
Modesto City Schools
December 14, 2020 6:00PM
Board of Education - Virtual Meeting

A. INITIAL MATTERS
Attachments:
Board Agenda 12-14-20 English
Board Agenda 12-14-20 Spanish
A.1. Call to Order - 5:00 p.m.
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 Litigation: Number of Cases: One Confidential agenda item.
Quick Summary / Abstract:
 
A.2.3. Public Employee Discipline/Dismissal/ReleaseConfidential agenda item.
A.3. Moment of Silence - 6:00 p.m.
A.4. Pledge of Allegiance
Speaker:
Krista Noonan
Rationale:
Video of Student Pledger Melany Serrato Montanez, 3rd Grade, Tuolumne Elementary School.
 
A.5. Superintendent's Welcome/Announcements
A.6. Board of Education Members Reports
A.7. Recognitions
Speaker:
Krista Noonan
A.7.1. Character Education: Haneen Karzon, 2nd Grade, Rose Avenue Elementary School, Perseverance.
Speaker:
Krista Noonan
Rationale:
Nominated by Rose Avenue Teacher Ms. Caro, Rose Avenue second grader Haneen is being recognized for the Character Trait of Perseverance. The 2020/2021 school year started with distance learning for all MCS students. Haneen was concerned she would struggle with distance learning and her parents worried they would not be able to help her. Together they became very knowledgeable with all the learning platforms. Haneen has completed every assignment with confidence and has made incredible growth in her reading fluency and math. She has perfect attendance and takes pride in her education. 
 
A.7.2. MCS Hero: Barry Jackson, Student Assistance Specialist, Beyer High School.
Speaker:
Krista Noonan
Rationale:
Nominated by Beyer High School Assistant Principal Nadene Galas, Beyer High School has been extremely fortunate to have Barry Jackson as their Student Assistance Specialist for the last 7 years.  He has coached Cross Country for the last five years and has served as the Black Student Union Advisor for the last 5 years. He is constantly looking for more ways to stay connected with helping students during this unprecedented time. 
 
A.7.3. Special Recognition: The Board and Superintendent Recognize Sonoma Elementary School Staff for Sonoma Being Named a 2020 California Distinguished School by the California Department of Education. The Distinguished Schools Program Recognizes Outstanding Education Programs and Practices. Schools are Awarded for Closing the Achievement Gap and for Achieving Exceptional Student Performance.
Speaker:
Krista Noonan
A.8. Approval of Annual Board Reorganization
Speaker:
Cindy Marks, Board President
Rationale:
As set forth in Board Bylaw 9100, the Governing Board shall hold an annual organizational meeting.
 
Attachments:
BB 9121 President/Vice President
BB 9140 - Board Representatives
A.8.1. Selection of President of the Board
A.8.2. Selection of Vice President of the Board
A.8.3. Board Seating
A.8.4. Selection of Board Representative to the County Committee on School District Organization
A.8.5. Selection of Board Representative and Alternate to the Salida Area Public Facilities Financing (SAPFFA) Board of Directors
A.8.6. Selection of Board Representatives (2) and Alternates to the Schools Infrastructure Financing Agency (SIFA) Board of Directors
A.8.7. Selection of Board Representative to the California Association of Large Suburban School Districts (CALSSD) Board of Directors
A.8.8. Selection of Board Representative (Vice President) and (1) Additional Board Member to Serve on the District Audit Committee
A.9. 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.10. Approval of Order of Discussion/Action Items
A.11. 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. (15 mins) Report on Distance Learning Dashboard
Speaker:
Ryan Reynolds
Rationale:

In response to the recent school closures and ongoing pandemic, the Governor signed into law SB 98 which codifies expectations for instruction and attendance tracking during distance learning. 

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.

Goal One: Ensure an Instructional Model is developed and monitored to support continued academic learning for all our students in a Distance Learning Environment, Hybrid, Online, and/or Traditional model. 

Recognizing the need for school sites to monitor student participation in online instruction, Modesto City Schools developed a Distance Learning Data Dashboard report for school administrators as a part of its ongoing Modesto Data Dashboard development.

The Distance Learning Data Dashboard is populated with data sourced from Schoology usage analytics.  Schoology is the learning management system or online classroom utilized by MCS students and is similar to other notable systems such as Google Classroom, Blackboard, or Canvas.

The Distance Learning Dashboard reports the count and rate of students who are actively using Schoology each day.  The data is disaggregated and displayed by day, school, and demographic groups.  Users can use filters to further disaggregate data by term or special program membership.  

This dashboard is instrumental in school sites’ daily work to account for student absences and credit students for participating in Schoology coursework even when they have difficulty joining the video meeting that day.  Schools also channel resources and support to those students and families with the most inactivity.  

Though this dashboard was developed out of necessity during school closures, there is potential for future use of this dashboard during brick-and-mortar instruction.  

 
Attachments:
Distance Learning Dashboard PowerPoint Presentation
B.3. (10 mins) Report on Long-Term English Learners (LTELs) in Modesto City Schools
Speaker:
Maricela Mota
Rationale:

For the 2020-21 school year, Modesto City Schools has about 24% English Learners (EL) and 21% Reclassified Fluent English Proficient (RFEP) students. There are many different types of English Learners: Newcomers, At-Risk, Long-Term English Learners, English Learners who are also Special Education students, etc. Each subgroup mentioned above has a different general area of need and progresses in a unique way. The presentation will focus on data for Long-Term English Learners and Special Education Long-Term English Learners for Modesto City Schools, Stanislaus County and the state of California.

1.3: Increase English Learner growth toward English proficiency

 
Financial Impact:
There is no financial impact to the District.
Recommended Motion:
A presentation of data will be given regarding Modesto City Schools' LTEL students.
Attachments:
LTEL Report 12-14-20
B.4. (30 min) Approval of First Interim Financial Report for 2020/21 and Positive Financial Certification
Speaker:
Tim Zearley
Rationale:

Education Code Section 42130 et seq requires that districts prepare two interim financial reports and projections during the fiscal year.  The Board of Education is required to file one of three certifications with the County Office of Education for each interim report.

  1. Positive: The District will be able to meet its financial obligations for the current and two subsequent fiscal years.
  2. Qualified: The District may not meet its financial obligations for the current and two subsequent fiscal years.
  3. Negative: The District will not be able to meet its financial obligations for the current and two subsequent fiscal years.

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

The first interim report, based on October 31 financial data, is due to the Stanislaus County Office of Education by December 15, 2020.  The report requires Board approval to be finalized.

The Board of Education can make a positive certification that the District will be able to meet its financial commitments for the current and two subsequent fiscal years based upon the following reports (copies of the complete report are available in the Business Services Office).  All current year assumptions are based on known factors at the time of this report.

 
Financial Impact:

The first interim report and multi-year projection show that the District will be able to meet all of its financial obligations for the current and subsequent years.  A positive certification can be filed.

Recommended Motion:

It is recommended that the Board of Education approve the First Interim Financial Report for 2020/21 and Positive Financial Certification.

Attachments:
2020-21 First Interim PPT
B.5. (15 min) Report on Senate Bill 328 (SB 328) Later Start Time for 7-12 Grades and the Selection of Board Representative to the SB 328 Task Force
Speaker:
Tim Zearley/Ryan Hahn
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.

The District will provide a report to the Board of Trustees to update them on the preparations, scheduled to occur regarding Senate Bill 328.

The school-day for high schools, including high schools operated as charter schools, shall begin no earlier than 8:30 a.m.

The school-day for middle schools, including middle schools operated as charter schools, shall begin no earlier than 8:00 a.m.

For purposes of this section, “school-day” has the same meaning as defined by the school district for purposes of calculating average daily attendance in order to compute apportionments of state funding. This section does not prohibit a school district from offering classes or activities to a limited number of pupils before the start of the school-day that do not generate average daily attendance for purposes of computing any apportionments of state funding.

This section shall be implemented by middle schools and high schools no later than July 1, 2022, or the date on which a school district’s respective collective bargaining agreement that is operative on January 1, 2020, expires, whichever is later.

 
Recommended Motion:
The Board of Education will receive a report on Senate Bill 328 (SB 328) Later Start Time for 7-12 Grades. We recommend the Board of Education to discuss and select a Board Representative to the SB 328 Task Force.
Attachments:
Senate Bill 328 PowerPoint Presentation
B.6. Board of Education will Recess and Convene as the Modesto City Schools Joint Powers Authority
Speaker:
Tim Zearley
Rationale:
Goal 3.3 – Increase regular two-way communication with stakeholders regarding student progress and other important issues.
  1. Approval of Minutes of Meeting of January 21, 2020
  2. Annual Election of Modesto City Schools Joint Powers Authority 2021 Officers
  3. Authorization of the Annual Audit of the Accounts and Records of the Authority for the Fiscal Year Ended June 30, 2020 and Direction to Staff to Transmit the Report Accordingly
  4. Period for Public Presentations
  5. Adjournment as Modesto City Schools Joint Powers Authority
 
Recommended Motion:

It is recommended the Board of Directors take action on certain annual administrative matters.

Attachments:
December 2020 Agenda and Minutes for MCS Joint Powers Authority
B.7. Reconvene as Modesto City Schools Board of Education
C. BUSINESS ITEMS (PROPOSED CONSENT AGENDA)
C.1. Approval of Authorization to Request a Proposal and Qualifications for an Energy Audit and Upgrade Work of Johansen High School’s HVAC System and Energy Management Systems at Various Sites.
Rationale:
The Heating Ventilation Air Conditioning (HVAC) control systems require upgrades at Burbank, Sonoma, Lakewood, Hanshaw, Beyer, Johansen, Davis, Downey, Enochs, Gregori, and Modesto High.

The central plant HVAC system at Johansen requires mechanical upgrades.

It is proposed that the Purchasing Department send out a Request for Proposal/Qualifications (RFP/Q) for pre-construction and construction services to potential developers for this project.  Interested builders would indicate their qualifications for this project.

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

 
Financial Impact:
The probable cost for this project is unknown until the energy audit is complete and the upgrade plan is developed.  The desired outcome of the energy audit is that the energy savings will fund the financing of the project. 
Recommended Motion:
It is recommended that the Board of Education approve authorization to seek request for qualifications for an energy audit, and upgrade work of Johansen High School’s HVAC system and energy management systems at various sites. 
C.2. Approval of October 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 October 1, 2020 and October 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 April revisions to the adopted 2020/21 budget.

C.3. Approval of the 2021-22 Budget Calendar
Rationale:

Modesto City Schools adopts a final budget by July 1st each year.  Countless hours of administrative and support staff time go into the preparation of the budget.  The budgeting process must begin at least a full six months prior to the date of adoption and involves both central administration and site staff.

With the requirements of the Local Control Funding Formula (LCFF) and the Local Control Accountability Plan (LCAP), it is necessary to begin the budget development process in January to meet deadlines set by the State Board of Education.  The 2021-22 Budget Calendar incorporates known dates for those LCAP and LCFF requirements.

To coordinate and communicate the events of the process, a budget calendar is established to list the specific activities or actions, the person, department or agency responsible, and the target due dates.  The attached budget calendar includes critical events such as initial enrollment and staff projections; statutory deadlines for staff reductions; revenue projections; detail steps for budget development; and budget adoption by the Board of Education.

 
Financial Impact:

None.

Recommended Motion:

It is recommended that the Board of Education approve the 2021-22 Budget Calendar.

C.4. Ratification of Purchase Orders and VISA Payments for the Month of November 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 November 2020.
Recommended Motion:
It is recommended that the Board of Education ratify the purchase orders and VISA payments for the month of November 2020.
C.5. Report on Construction Projects Progress Payments
Financial Impact:

                                                           Previously Paid      Current Payment       Balance Due

 

Don Fowler Construction

Downey Ag Storage Building

Contract Price: $201,025                      $53,675                    $81,533.75                  $65,816.25

Certificate No: 2

 

Harris Builders, Inc.

Beyer High JROTC

Contract Price: $605,511.93                 $575,236.63             $30,275.60                    ----------

Certificate No: 5

 

Sinclair General Engineering

Construction, Inc.

Repaving & Slurry 2020

Contract Price: $1,148,303                    $1,090,887.85           $57,415.15                  ----------

Certificate No: 5

D. CURRICULUM AND INSTRUCTION ITEMS (PROPOSED CONSENT AGENDA)
D.1. Agreement of Amendment of Modesto City Schools SELPA Services Agreement for 2020-2021: EBS Healthcare, Inc.; Ed Theory, LLD; 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 ongoing challenges of COVID-19 and vacancies in numerous provider categories, (including school psychologists, speech therapists, physical therapists and occupational therapists), Modesto City Schools SELPA will need to increase contract amounts previously Board approved for the 2020-2021 school year to continue to provide services/therapy to students. The Services Agreements that are being increased are: EBS Healthcare, Inc.; Ed Theory, LLC; TTF Solutions, LLC dba PRoCare Therapy; Therapy Staff, LLC; and Therapy Travelers, LLC. Additional positions may be required in other provider categories throughout the year.

Copies of the services agreements are available in the Modesto City Schools District Special Education Department for review.

 
Financial Impact:
The total fiscal impact of the increases of these contracts: EBS Healthcare, inc.; Ed Theory, LLC; TTF Solutions, LLC dba ProCare Therapy; Therapy Staff, LLC; and Therapy Travelers, LLC will now not exceed $2,100,000. The funding source has been identified as General Fund Special Education.
Recommended Motion:
It is recommended that the Board of Education approve the amendment of the Modesto City Schools SELPA Services Agreements for 2020-2021: EBS Healthcare, Inc.; Ed Theory, LLC; TTF Solutions, LLC dba ProCare Therapy; Therapy Staff, LLC; and Therapy Travelers, LLC.
D.2. Approval of the Adoption of the Budget Overview for Parents
Rationale:

SB 98 decoupled the Budget Overview for Parents from the LCAP for 2020–21 and tied it to the First Interim report. SB 820 requires the Budget Overview for Parents template to be aligned to the Learning Continuity Plan. As such, the revenue and budgeted expenditures referenced in the 2020–21 Budget Overview for Parents are tied to the LEA’s First Interim report, its Learning Continuity Plan, and its 2019–2020 LCAP. Local governing boards or governing bodies are required to adopt and submit the Budget Overview for Parents on or before December 15, 2020, in conjunction with the LEA’s first interim budget report.

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

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

 
Recommended Motion:
It is recommended that the Board of Education approve the Adoption of the Budget Overview for Parents.
D.3. Approval of Revised High School Course Outlines: Physical Education
Rationale:

The following courses have been revised per Federal Program Monitoring (FPM) requirements to include student rubrics for Physical Education content areas.

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 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 Courses:

Introduction to Kinesiology Course 1

Introduction to Kinesiology Course 2

 
Recommended Motion:
It is recommended that the Board of Education approve the revised high school course outlines:  Physical Education
D.4. Approval of Services Agreement with Springboard Collaborative to Provide a Comprehensive EL Summer School Program, 2021
Rationale:

Modesto City Schools strives to close the literacy achievement gap among elementary English Learner (EL) students.  Springboard Collaborative has a program focused on struggling EL readers.  They will coach teachers, train family members and cultivate reading habits to close the literacy gap among grade K-4 EL students during summer school.

A Services Agreement with Springboard Collaborative was approved by the Board on December 9, 2019 for EL Summer School 2020.  However, with the COVID-19 pandemic, Summer School was cancelled and the services did not occur.

1.3:  Increase English Learner growth toward English proficiency.

 
Financial Impact:

It is expected that the enrollment in this specific program will be 240 students.  The total cost of the Springboard Collaborative agreement is $136,000; MCS will cover the additional cost of $117,000 for MCS summer school staff.  The funding sources are Local Control Funding Formula (LCFF) and categorical funds.

Recommended Motion:
It is recommended that the Board of Education approve the Services Agreement with Springboard Collaborative to Provide a Comprehensive EL Summer School Program for 2021.
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:
12-14-20 Personnel Action Line Items Report
E.1.1. Approval of Certificated Personnel Terminations - 4 Items
E.1.2. Approval of Certificated Personnel Leaves of Absence - 4 Items
E.1.3. Approval of Certificated Personnel Other Appointments - 38 Items
E.1.4. Approval of Certificated Personnel Stipend Appointments - 23 Items
E.1.5. Approval of Certificated Personnel Substitute Appointments - 35 Items
E.1.6. Approval of Classified Personnel Terminations - 18 Items
E.1.7. Approval of Classified Personnel Leaves of Absence - 18 Items
E.1.8. Approval of Classified Personnel Employment - 33 Items
E.1.9. Approval of Classified Personnel Other Appointments - 11 Items
E.1.10. Approval of Classified Personnel Substitute Appointments - 38 Items
F. MISCELLANEOUS ITEMS: (PROPOSED CONSENT AGENDA)
F.1. Approval of Designated Student Expulsions: None
F.2. Approval of Minutes for the November 30, 2020 Regular Meeting of the Board of Education
G. REPORTS AND COMMUNICATIONS:
G.1. 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: December 11, 2020, 11:27 AM

The resubmit was successful.