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Board of Education Agenda 1457th Regular Meeting
Modesto City Schools
February 09, 2021 6:00PM
Board of Education - Board Room 425 Locust St

A. INITIAL MATTERS
Attachments:
Board Agenda 2-9-21 English
Board Agenda 2-9-21 Spanish
A.1. Call to Order - 4:30 p.m.
Rationale:

In response to the Governor's Executive Order N-25-20 and Resolution 19/20-17 Delegating Authority to Take Necessary Action to Protect Students and Staff from the Spread of Coronavirus (COVID-19), adopted by the Modesto City Schools (MCS) Board of Education on March 18, 2020, the MCS Board Meetings are adjusted to accommodate 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 2/9/21):
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: 946 055 125#

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

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

A.2.1. Public Employee Discipline/Dismissal/ReleaseConfidential agenda item.
A.2.2. Appeal pursuant to Board Policy 5121.11Confidential agenda item.
A.3. Moment of Silence - 6:00 p.m.
A.4. Pledge of Allegiance
Speaker:
Krista Noonan
Quick Summary / Abstract:
Video of Student Pledger Dominic Brambila, 6th Grade, Shackelford 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-Student Recognition: Celest Cordero, 11th Grade, Grace M. Davis High School, Responsibility. Nominated by Grace M. Davis High School Counselor, Vanessa Shuping. Celest is Being Recognized for the Character Trait of Responsibility.
Speaker:
Krista Noonan
Rationale:
Despite the difficulties Distance Learning has presented to many of our students, Celest has worked hard to bring her grade point up to a 3.0 average.  Celest has shown dedication in meeting the goals that she set for herself; one of which was joining Leadership. She recently met that goal as she was one of three students recently selected to join Leadership. In addition to all of this, Celest is taking on additional responsibilities at home and also actively looking for a job. I am so proud of how far Celest has come and I know that this Spartan is only going up from here! 
 
A.7.2. MCS Hero: Nominated by Vice Principal Christopher Harvey, Martone Teacher Greg Havens will be recognized as an MCS Hero for His Pivotal Role Ensuring that Martone Elementary Distance Learning was a Success.
Speaker:
Krista Noonan
Rationale:
Mr. Havens took on a pivotal role in ensuring that Martone's Distance Learning was a success. From the start he made sure he was always available to assist teachers as they learned how to navigate the various platforms that the district implemented for Distance Learning. He is extremely deserving of an MCS Hero recognition since he came to the aid of others during a challenging time. He provided professional development for teachers who were learning how to navigate Schoology and NEARPOD. In addition, he would often save the day by simply offering support when a teacher or a substitute had a technology concern. In a year when we are all required to pivot Mr. Havens played an vital role in ensuring a smooth transition to Distance Learning.
 
A.7.3. Special Recognition: Employees Making a Difference Nominees: We are recognizing our Employees Making a Difference Nominees as MCS Heroes. The Employees Making a Difference Program Honors Outstanding Classified Employees in Six Categories: Child Nutrition, Office and Technical, Para-Educator & Instructional Assistance, Support Services & Security, Transportation and Maintenance Operations
Speaker:
Krista Noonan
Rationale:
Jorie Baltz - Instructional Para Professional Interpreter for the Deaf and Hard of Hearing, Various Sites
Steve Bogatyy - Custodian/Groundskeeper, Gregori High School
Kim Eichorst - Data Entry Specialist, Modesto High School
Victoria Hayes - Student Records Clerk, Enslen Elementary School
Michael Jacobs - Computer Technician II, Beyer High School
Sandra Jenson - Data Entry Specialist, Downey High School
Sherry Leguria - Administrative Assistant, Beard Elementary School
Sergio Lopez-Lopez - Campus Assistant, Orville Wright Elementary School
Rigo Rios - Head Custodian III, Shackelford Elementary School
Adria Sanders - Campus Supervisor, Mark Twain Junior High School
Ann Marie Trujillo-Ricketts - High School Registrar, Davis High School
 
A.7.4. SPECIAL RECOGNITION: Recognition of February 2021 as National Black History Month
Speaker:
Krista Noonan
Rationale:
The Board of Education and Superintendent recognizes February 2021 as National Black History Month.
 
A.8. Approval of Consent Agenda
Quick Summary / Abstract:

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

Copies of the complete agenda are available at the Board meeting, 425 Locust Street. Unless some member of the audience or Board member has a question concerning an item and asks that it be withdrawn from the consent list, the items are approved at one time by the Board.  The action taken by the Board in approving consent items is set forth in the explanation of the individual items.

A.9. Approval of Order of Discussion/Action Items
A.10. 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 3/18/20, the MCS Board Meetings are adjusted to accommodate 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:

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 2/9/21):
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.
B. DISCUSSION AND ACTION ITEMS
B.1. Student Representative to the Board Report
B.2. California School Employees Association Report
B.3. (5 mins) Selection of Board Representatives (2) and Alternates to the Schools Infrastructure Financing Agency (SIFA) Board of Directors
B.4. (5 mins) Approval of Resolution 20/21-21 Reviewing Suggested Amendment Related to Extra- and Co-Curricular Activity Participation and Eligibility Requirements, Grades 7-12, During 2020-21 School Year
Speaker:
Brad Goudeau
Rationale:

Due to the COVID-19 public health emergency, all District schools were physically closed to students on March 19, 2020, with instruction provided through Distance Learning for the remainder of the 2019-2020 school year. On June 29, 2020, Governor Newsom signed into law Senate Bill 98, the education omnibus trailer bill to the 2020 Budget Act. This senate bill added sections to the Education Code related to Distance Learning for the 2020-2021 school year.

Education Code sections 35160 and 35160.1 grants school districts and their government boards with broad authority and wide discretion in initiating and carrying on programs and activities and otherwise creating unique solutions to meet their diverse needs. It is the goal of the District to work with parents to assist students in becoming self-directed and responsible for their own behavior.

In accordance with this authority, the District will provide a review of the suggested amendment(s) to current extra- and co-curricular activity participation and eligibility requirements to ensure students are provided an opportunity to engage in these activities to support their physical and social-emotional health during the COVID-19 pandemic.

The District will support student engagement in co- and extra-curricular activities as defined in the Student Conduct Code 7-12, by permitting students with less than a 2.0 grade point average and/or more than one “F” and/or more than one “U” citizenship grade to participate in extra-curricular activities, as well as athletics (9-12); spirit leaders/cheerleaders (9-12); and student government (7-12); up to, but not including performances or competitions.

The Superintendent will temporarily modify the Districts’ student-athlete participation clearance protocol due to the challenges of families to secure pre-participation sports physicals; students unable to secure or pass a pre-participation sports physical may remain on the team and participate in all non-physical team activities (i.e., no athletic conditioning, no physical activity, no competitions, etc.) so that students not cleared to participate physically may still engage in virtual and in-person meetings, team-related academic supports, and attend practices.

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


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


 
Recommended Motion:
It is recommended that the Board of Education approve Resolution 20/21-21 reviewing suggested amendment relating to extra- and co-curricular activity participation and eligibility requirements, grades 7-12, during the 2020-2021 school year.
Attachments:
Resolution 20/21-21 Temporary Amendment to BP/AR Related to Extra- and Co-Curricular Activity Participation and Eligibility Requirements, Grades 7-12
B.5. (20 mins) Report on Modesto City Schools Career Technical Education
Speaker:
Rachelle Barkus
Rationale:

Modesto City Schools has a vast Career Technical Education program available for students in grades 7-12. This report will outline changes and program updates within the past two years in Career Technical Education as well as plans going forward. 

The Board of Education will be updated on the work that has been done to strengthen our Career Technical Education (CTE) programs and provide an update of our CTE programs. In September of 2019, a group of stakeholders began meeting to review the CTE programs offered in Modesto City Schools. The CTE committee, under the facilitation of the Senior Director of Educational Options, devised recommended updates and changes to the current pathways and programs. This presentation will give an overview of those recommendations and the work that has been done to graduate more MCS students College and Career ready

3.2 Promote outstanding students, families, staff, programs, schools, and community partners.
3.3: Increase regular two-way communication with stakeholders regarding student progress and other important issues.

 
Recommended Motion:
A report will be given describing the Career Technical Education program available for students in grades 7-12.
Attachments:
PPT Career Tech Ed 2-9-21
B.6. (15 mins) Approval of Supplemental Early Retirement Plan (SERP) for Certificated Non-Management Employees
Speaker:
Tim Zearley
Quick Summary / Abstract:


Rationale:

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

A SERP allows our district to develop and offer an incentive plan that will enhance retiree benefits while providing an effective budget and staff planning solution.

The SERP is a voluntary plan for employees who meet all Eligibility Guidelines including but not limited to:

1.       Employee must be a Certificated Non-Management employee of Modesto City Schools.

2.       Employee must be at least 55 years of age with 5 consecutive years of service with the District by June 30, 2021.

3.       Employee must retire from the District on or before June 30, 2021.

4.       Employee must submit to the District Office a completed SERP Enrollment Package, a Letter of Resignation and an Irrevocable Letter of SERP Participation no later than January 22, 2021.

On behalf of the District, Keenan Financial Services is the Contract Administrator. The Plan will give eligible employees the opportunity to retire early with a monthly benefit in addition to their CalSTRS / CalPERS retirement plan. Keenan Financial Services will provide group orientation meetings plus individual counseling sessions.

The offer may be revoked if participation levels are not met.

 
Recommended Motion:

It is recommended that the Board of Education approve the Supplemental Early Retirement Plan (SERP) For Certificated Non-Management Employees.

Attachments:
PPT - Supplemental Early Retirement Plan SERP 2-9-21
B.7. (20 mins) Report on Governor's 2021-2022 Budget ProposalWas edited within 72 hours of the Meeting
Speaker:
Tim Zearley
Rationale:

Goal Four:  Ensure District is fiscally and operationally sound.

Governor Gavin Newsom released the 2021-22 State Budget Proposal on Friday,
January 8, 2021.  The Governor’s Proposal presented a $2 billion increase for the LCFF, which reflects a compounded 3.84% COLA, and no other augmentations to the LCFF. 
  

Unlike prior budgets, there are currently no additional funds to provide pension relief for school districts in 2021-22.                                      

District staff received full details of the Governor’s budget proposal during a webinar on January 15, 2021, and will update the Board of Trustees on February 9, 2021.

The report will update the Board of Trustees on the status of the Governor’s State Budget Proposal, and the estimated impact on budget development for Modesto City Schools.

 
Attachments:
PPT - 2021-22 Governor's Budget Proposal
B.8. (10 mins) Approval of First Reading of Proposed Revision of Board Policy (BP): BP 6164.6, Identification and Education Under Section 504; Deletion of BP 6164.6, Identification, Evaluation and Education of Students Who are Qualified Disabled Persons as Defined in Section 504 of the Rehabilitation Act of 1973
Speaker:
Mark Herbst
Rationale:

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

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

It was found that the following Board Policy needs to be created or revised: BP 6164.6, Identification and Education Under Section 504; Deletion of BP 6164.6, Identification, Evaluation and Education of Students Who are Qualified Disabled Persons as Defined in Section 504 of the Rehabilitation Act of 1973.

 
Recommended Motion:
It is recommended that the Board of Education approve first reading of proposed draft of Board Policy (BP) BP 6164.6, Identification and Education Under Section 504;Deletion of BP 6164.6, Identification, Evaluation and Education of Students Who are Qualified Disabled Persons as Defined in Section 504 of the Rehabilitation Act of 1973.
Attachments:
BP 6164.6 - Ident_Educ Sec 504 First Reading
BP 6164.6 - Students_Qualified Disabled Persons (Delete)
B.9. (10 mins) Approval of Graduation Dates, May 2021, and Identification of Board Member for Each Ceremony
Speaker:
Brad Goudeau
Rationale:
Each year the Board of Education is asked to approve the May graduation schedule for the junior and senior high schools. The Board will also identify Board member(s) for each graduation ceremony.

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

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

The graduation schedule for the junior and senior high schools, May, 2021, is shown below.

School Date Board Member
Hanshaw Monday, May 24
La Loma Thursday, May 27
Mark Twain Tuesday, May 25
Roosevelt Tuesday, May 25
Beyer Tuesday, May 25
Davis Thursday, May 27
Downey  Wednesday, May 26
Enochs Wednesday, May 26
Gregori Wednesday, May 26
Johansen Wednesday, May 26
Modesto Thursday, May 27
Elliott  Monday, May 24

 
Recommended Motion:

It is recommended that the Board of Education approve the graduation schedule for May, 2021 and identification of Board Member for each ceremony.

C. BUSINESS ITEMS (PROPOSED CONSENT AGENDA)
C.1. Approval of December 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 December 1, 2020 and December 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.2. Approval of Authorization to Seek Lease-Leaseback Developers for Fairview Phase I Modernization (Cafeteria, Drop-Off, Parking)
Rationale:
Goal 4.3 Invest in school facilities and infrastructure for safe and clean facilities

The current cafeteria at Fairview Elementary School is a portable building that is over thirty years old and is too small for the student population.  Over the years, the growth of the school site has created impacts on parking and site access.  A new larger cafeteria building, parking and site work improvements are needed to meet the needs of the staff, students and school community.  

Education Code 17406 permits a school district’s governing board to lease real property for a nominal amount to an entity that is obligated to construct or improve a district owned facility.  This project delivery method is known as lease/leaseback. 

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.

 
Financial Impact:
The probable cost for this project is estimated at $8,200,000. Funding for this project will come from Elementary General Obligation Bond dollars. 
Recommended Motion:
It is recommended that the Board of Education approve authorization to seek lease/leaseback developers for Fairview Phase I Modernization (Cafeteria, Drop-Off, Parking.)
C.3. Approval of Authorization to Seek Lease-Leaseback Developers for Hanshaw Middle School Science Lab Renovations
Rationale:
Goal 4.3 Invest in school facilities and infrastructure for safe and clean facilities

The science classrooms at Hanshaw Middle School are part of the original construction of the school in the early 1990s and are in need of updating to better serve the students.  

Education Code 17406 permits a school district’s governing board to lease real property for a nominal amount to an entity that is obligated to construct or improve a district owned facility.  This project delivery method is known as lease/leaseback. 

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.

 
Financial Impact:
The probable cost for this project is estimated at $5,400,000. Funding for this project will come from Elementary General Obligation Bond dollars. 
Recommended Motion:
It is recommended that the Board of Education approve authorization to seek lease/leaseback developers for Hanshaw Middle School Science Lab Renovations.
C.4. Approval of Authorization to Seek Lease-Leaseback Developers for La Loma Parking and Streetscape Improvements
Rationale:
Goal 4.3 Invest in school facilities and infrastructure for safe and clean facilities

La Loma Junior High School was built in 1956.  Over the years, the growth of the school site has created impacts on parking and site access.  The site is in need of parking and streetscape improvements to better serve the staff, students and school community.    

Education Code 17406 permits a school district’s governing board to lease real property for a nominal amount to an entity that is obligated to construct or improve a district owned facility.  This project delivery method is known as lease/leaseback. 

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.

 
Financial Impact:
The probable cost for this project is estimated at $4,600,000. Funding for this project will come from Elementary General Obligation Bond dollars. 
Recommended Motion:
It is recommended that the Board of Education approve authorization to seek lease/leaseback developers for La Loma Parking and Streetscape Improvements.
C.5. Approval of Authorization to Seek Lease-Leaseback Developers for Shackelford Phase I Modernization (Cafeteria, Site Work)
Rationale:
Goal 4.3 Invest in school facilities and infrastructure for safe and clean facilities

The current cafeteria at Shackelford Elementary School is part of the original construction of the school and has a small dining room and kitchen.  A new larger cafeteria building and site work is needed to better serve the students and school community.

Education Code 17406 permits a school district’s governing board to lease real property for a nominal amount to an entity that is obligated to construct or improve a district owned facility.  This project delivery method is known as lease/leaseback. 

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.
 
Financial Impact:
The probable cost for this project is estimated at $6,900,000. Funding for this project will come from Elementary General Obligation Bond dollars. 
Recommended Motion:
It is recommended that the Board of Education approve authorization to seek lease/leaseback developers for Shackelford Phase I Modernization (Cafeteria, Site Work.)
C.6. Approval of Authorization to Seek Lease-Leaseback Developers for Tuolumne New Classrooms
Rationale:
Goal 4.3 Invest in school facilities and infrastructure for safe and clean facilities

Tuolumne Elementary School was built in 1950.  The site is in need of improved/additional instructional space to better serve the students.  

Education Code 17406 permits a school district’s governing board to lease real property for a nominal amount to an entity that is obligated to construct or improve a district owned facility.  This project delivery method is known as lease/leaseback. 

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.

 
Financial Impact:
The probable cost for this project is estimated at $10,400,000. Funding for this project will come from Elementary General Obligation Bond dollars. 
Recommended Motion:
It is recommended that the Board of Education approve authorization to seek lease/leaseback developers for Tuolumne new classrooms.
C.7. Approval of Resolution No. 20/21-18 Declaring the Week of March 8 through March 12, 2021 as National School Breakfast Week
Rationale:

The National School Breakfast Program was established in 1966 to ensure that all children would have an opportunity to start their school day with a healthy breakfast.  Recent studies have linked a healthy breakfast to improved academic performance.  Modesto City Schools operates an exemplary breakfast program at all school sites.

The importance of children beginning their school day with a healthy breakfast should be acknowledged by recognizing National School Breakfast Week in Modesto City Schools.

Proclaiming the week of March 8 through 12, 2021 as National School Breakfast Week in Modesto City Schools expresses the appreciation of the Board members and District staff in recognizing the contribution made by the Nutrition Services staff and food service workers to Modesto City Schools.

 
Financial Impact:

There is no fiscal impact.

Recommended Motion:

It is recommended that the Board of Education approve Resolution No. 20/21-18 declaring the Week of March 8 through March 12, 2021 as National School Breakfast Week.

Attachments:
National School Breakfast Week Resolution No. 20/21-18
C.8. Approval to Accept Completion of Contract with Advanced Roofing, Bid No. 20-4733, for Re-roofing at Various Sites 2020, in the Amount of $752,967
Rationale:
On May 18, 2020, the Board of Education approved award of Bid No. 20-4733, for re-roofing at various sites 2020, to Advanced Roofing in the amount of $772,662.

Throughout the course of the contract one (1) change order was processed resulting in a decrease to the contract in the amount of $19,695. 

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

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

The work performed under the contract with Advanced Roofing. Bid No. 20-4733 has been inspected by the project architect and reported to be satisfactorily completed in accordance with the plans and specifications.  A Notice of Completion will be filed and final payments will be made as authorized under the terms of the contract.


 
Financial Impact:
This contract, at a total cost of $752,967, was funded from Restricted Routine Maintenance dollars.
Recommended Motion:
It is recommended that the Board of Education approve to accept completion of the contract with, Advanced Roofing, Bid No. 20-4733, for re-roofing at various sites 2020 in the amount of $752,967. 
C.9. Approval to Accept Completion of Contract with Anchor Singh Painting, Inc., Bid No. 20-4735, for Painting Package II Martone and Fairview Elementary Schools, in the Amount of $115,000
Rationale:
On May 18, 2020, the Board of Education approved award of Bid No. 20-4735, for painting package II Martone and Fairview Elementary Schools, to Anchor Singh Painting in the amount of $115,000.

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

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

The work performed under the contract with Anchor Singh Painting, Inc. Bid No. 20-4735, has been inspected by the project architect and reported to be satisfactorily completed in accordance with the plans and specifications.  A Notice of Completion will be filed and final payments will be made as authorized under the terms of the contract.

 
Financial Impact:
This contract, at a total cost of $115,000, was funded from Elementary General Obligation Bond dollars.
Recommended Motion:
It is recommended that the Board of Education approve to accept completion of the contract with, Anchor Singh Painting, Inc., Bid No. 20-4735, for painting package II Martone and Fairview Elementary Schools in the amount of $115,000. 
C.10. Ratification of Warrants Drawn for the Month of December 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
December 2020.

D. CURRICULUM AND INSTRUCTION ITEMS (PROPOSED CONSENT AGENDA)
D.1. Approval of Addendum to Services Agreement with Modesto Junior College to Provide Tutoring and Educational Services for At-Risk Children, 2020-21
Rationale:

On November 30, 2020, the Board approved an agreement with Modesto Junior College to provide tutoring and educational services for at-risk children.

The agreement with Modesto Junior College includes services up to seven (7) students from seven (7) school sites, for a total of 49 students.  This addendum would increase the number of students by 15, for a new total of 64 students.

The addendum to the agreement is available for review in the Student Support Services Office.

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

 
Financial Impact:
The original services agreement with Modesto Junior College was approved for a total compensation not to exceed $130,000. The addendum to the services agreement will increase compensation to Modesto Junior College by $42,000, for a new total compensation not to exceed $172,000. The effective dates of this service contract will remain the same; January 11, 2021 through June 30, 2021. The funding source will be Supplemental Concentration.
Recommended Motion:
It is recommended that the Board of Education approve the addendum to the services agreement with Modesto Junior College to provide tutoring and educational services for at risk children, 2020-2021.
D.2. Approval of Graduation Videographer
Rationale:
While Modesto City Schools commits to doing everything possible to give our students and parents the experience of an in-person graduation ceremony, conducting large-scale, in-person graduation ceremonies during the COVID pandemic is not realistic. In addition to planning for in-person graduation ceremonies, we will also provide our 2021 graduates (junior high and high school) with a virtual graduation ceremony video so that all parents, families, and community members can view and bear witness to our students’ commitment and accomplishments, while still addressing the State of California’s need for continued social distancing and other COVID-related safety protocols.

RT Productions has decades of experience which will enabled us to provide our graduates with a high-quality virtual graduation ceremony in the same manner as 2020. Our school sites will have the ability to include performances normally occurring during their graduation ceremonies such as the national anthem, color guard posting of the flag, band/choir, and student speeches. This virtual graduation ceremony service will be provided in conjunction with our ongoing planning for in-person graduation ceremonies.

An agreement between Modesto City Schools and RT Productions has been drafted and requires approval.

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

Goal 3: Provide a safe, welcoming, and respectful learning environment for every member of the school community while ensuring effective district-wide communication for students, staff, families, and community partners.

 
Financial Impact:
The agreement with RT Productions will not exceed $100,000. COVID funds have been identified as the funding source.
Recommended Motion:
It is recommended that the Board of Education approve the services agreement with RT Productions for Virtual Graduation Ceremony Videos
D.3. Approval of New High School Course Outline: IBSL Computer Science
Rationale:

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

1.1 Ensure Great Instruction First Time.

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

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

New Course:

IBSL Computer Science

 
Recommended Motion:
 It is recommended that the Board of Education approve the new high school course outline:  IBSL Computer Science.
D.4. Approval of Proposed Revision of Administrative Regulation (AR): AR 6164.6, Identification and Education Under Section 504; Deletion of AR 6164.6, Identification, Evaluation and Education of Students Who are Qualified Disabled Persons as Defined in Section 504 of the Rehabilitation Act of 1973
Rationale:

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 needs to be created or revised: AR 6164.6, Identification and Education Under Section 504; Deletion of AR 6164.6, Identification, Evaluation and Education of Students Who are Qualified Disabled Persons as Defined in Section 504 of the Rehabilitation Act of 1973.

 
Recommended Motion:
It is recommended that the Board of Education approve the proposed draft of Administrative Regulation (AR) AR 6164.6, Identification and Education Under Section 504; Deletion of AR 6164.6, Identification, Evaluation and Education of Students Who are Qualified Disabled Persons as Defined in Section 504 of the Rehabilitation Act of 1973.
Attachments:
AR 6164.6 - Ident_Educ Under Sec 504
AR 6164.6 - Students_Qualified Disabled Persons (Delete)
D.5. Approval of Request for Authorization of Schoolwide Program at Joseph A. Gregori High School
Rationale:

A schoolwide program at a Title I school serves all students instead of a smaller subgroup 
of at-risk students.  The staff, parents, and School Site Council at Gregori High School have made the decision to become a Title I schoolwide program.  To be eligible to operate as a schoolwide program, schools must have at least 40% of their students living in poverty.  Gregori High School has a free and reduced meal eligibility count of 50.3%.  As a schoolwide program, federal, state, and local funds are consolidated to reform the entire educational program so that all students, particularly the lowest-achieving students, demonstrate proficiency on the State’s academic standards.

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

Becoming a schoolwide Title I school will help all students at Gregori High School meet the California Department of Education’s challenging academic standards.

Following approval by the Board of Education, request for authorization to become schoolwide program is submitted to the California Department of Education for final approval.

 
Recommended Motion:
It is recommended that the Board of Education approve the request for authorization of schoolwide program at Joseph A. Gregori High School.   
D.6. Approval of Request for Authorization of Targeted Assistance School Program at James C. Enochs High School
Rationale:

A Targeted Assistance School Program at a Title I school provides services to improve student academic achievement for eligible students that have been identified as at-risk students.  The staff, parents, and School Site Council at Enochs High School have made a decision to become a Title I Targeted Assistance School Program.  To be eligible to operate as a Targeted Assistance School Program, schools must have at least 35% of their students living in poverty.  Enochs High School has a free and reduced meal eligibility count of 39.4%.  As a Targeted Assistance School Program, federal, state, and local funds are utilized to reform the educational program so that eligible students having the greatest need for special assistance, particularly the lowest-achieving students, demonstrate proficiency on the State’s academic standards.  

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

Becoming a Title I Targeted Assistance School Program will help all identified at-risk students at Enochs High School meet the California Department of Education’s challenging academic standards.

Following approval by the Board of Education, request for authorization of
targeted assistance program at James C. Enochs High School is submitted to the California Department of Education for final approval.

 
Recommended Motion:
It is recommended that the Board of Education approve the request for authorization of targeted assistance program at James C. Enochs High School.
D.7. Approval of Resolution No. 20/21-22, Modesto Virtual Academy Eighth Grade U.S. Constitution Test Waiver, 2021
Rationale:

Due to COVID-19, the Modesto Virtual Academy (MVA) was expanded to include TK-12 students who wish to remain at home and participate in MVA’s independent learning program, which is Florida Virtual Academy curriculum.

Modesto City Schools has board policies and administrative regulations in place detailing 8th grade graduation/promotion requirements (5128 and 6146.5), which include taking/passing the Modesto City Schools U.S. Constitution Test.

Teachers hired to teach in the MVA using Florida Virtual Academy curriculum can possess a multiple subject or single subject credential and can supervise any grade level in the program.  Not all teachers supervising 8th grade students were aware of the current BP 5128 and BP 6146.5 outlining the requirement to take and pass the 8th grade U.S. Constitution Test to promote to the 9th grade.  Therefore, they did not make this known to 8th grade students and parents in a timely manner.

In addition, the Curriculum, Instruction and Professional Development department has convened a California State Seal of Civic Engagement committee, for the purpose of providing recommendations to the Board of Education on an aligned Civic learning and engagement program for all grade levels, that will be considered at a Board meeting in the Spring of 2021.

The proposed resolution 20/21-22 states that current 2020-21 MVA 8th grade students are not required to take and pass the 8th grade U.S. Constitution Test to promote from 8th grade.

 
Recommended Motion:
It is recommended that the Board approve Resolution No. 20/21-22, Modesto Virtual Academy Eighth Grade U.S. Constitution Test Waiver, 2021.
Attachments:
Resolution 20/21-22 MVA US Contitution Test Waiver
D.8. Approval of the Application for Federal Assistance for the Head Start Program for Fiscal Year 2021-22
Rationale:

Modesto City Schools contracts with the Stanislaus County Office of Education for federal Head Start funding, providing services for 420 preschool age children for 2021-22. Each annual funding cycle requires an approved budget. 

The Stanislaus County Office of Education requires that the Governing Board and Modesto City Schools' Head Start Parent Policy Committee approve the funding application for federal assistance for the 2021-22 fiscal year.

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

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

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

The Application for Federal Assistance for the Head Start Program for fiscal year 2021-22 for $3,934,326 basic program funds, $10,580 T&TA funds, and $986,277 Non-Federal Share In-Kind Matching Funds includes the following:
  • 2021-22 Training and Technical Assistance (T&TA) Plan
  • 2021-22 Program Service Plan
  • 2021-22 Head Start Budgets

The Modesto City School Head Start Parent Policy Committee approved the 2021-22 funding application for Modesto City Schools' Head Start on February 5, 2021. A copy of the application is available in the Early Childhood Education Office.

 
Financial Impact:
The Head Start Program operates within its funding limits and will not impact the District's general fund.
Recommended Motion:

It is recommended that the Board of Education approve the Application for Federal Assistance for the Head Start Program for Fiscal Year 2021-22.

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:
02-09-21 Personnel Action Line Items Report
E.1.1. Approval of Certificated Personnel Terminations - 7 Items
E.1.2. Approval of Certificated Personnel Leaves of Absence - 27 Items
E.1.3. Approval of Certificated Personnel Employment - 6 Items
E.1.4. Approval of Certificated Personnel Other Appointments - 116 Items
E.1.5. Approval of Certificated Personnel Stipend Appointments - 158 Items
E.1.6. Approval of Certificated Personnel Stipend Deletions - 2 Items
E.1.7. Approval of Certificated Personnel Substitute Appointments - 31 Items
E.1.8. Approval of Classified Personnel Terminations - 21 Items
E.1.9. Approval of Classified Personnel Leaves of Absence - 78 Items
E.1.10. Approval of Classified Personnel Employment - 42 Items
E.1.11. Approval of Classified Personnel Substitute Appointments - 27 Items
E.2. Approval of Resolution No. 20/21-20 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. 20/21-20 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:
02-09-21 Resolution 20-21_20 Teachers Outside Credentialed Area
E.3. Approval of Social Work Field Experience Agreement with the University of Southern California
Rationale:

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

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

The District would like to enter into a Field Experience Agreement with University of Southern California, Suzanne Dworak-Peck School of Social Work, effective February 10, 2021 through June 30, 2024. 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 Social Work Field Experience Agreement with the University of Southern California.

F. MISCELLANEOUS ITEMS: (PROPOSED CONSENT AGENDA)
F.1. Approval of Designated Student Expulsions: None
F.2. Approval of Proclamation Declaring the Month of February 2021 as National Black History Month
Rationale:

In supporting the month of February 2021 as National Black History Month, Modesto City Schools shows support in encouraging students and residents to celebrate the history, culture and contributions of the African-American community.

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

 
Recommended Motion:
It is recommended that the Board of Education approve of the proclamation declaring February 2021 as National Black History Month.
Attachments:
Black History Month Proclamation 2021
F.3. Approval of Proclamation Recognizing National School Counseling Week
Speaker:
Krista Noonan
Rationale:

In recognition of February 1-5, 2021, as National School Counseling Week, Modesto City Schools shows support and appreciation for our staff of school counselors who are actively committed to helping our students explore their abilities, strengths, interests and talents as these traits directly related to career awareness and development, as well as for their work helping parents focus on ways to further the educational, personal and social growth of their children. 

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

 
Recommended Motion:
It is recommended that the Board of Education approve the proclamation recognizing National School Counseling Week. 
Attachments:
School Counselor Proclamation
F.4. Approval of Minutes for the January 11, 2021 Special Meeting, January 19, 2021 Regular Meeting and January 26, 2021 Special Meeting of the Board of Education
G. REPORTS AND COMMUNICATIONS:
G.1. Quarterly Report on Williams Complaints, Subject Area of Complaint and Resolution
Rationale:

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

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

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

There were no complaints received for the fourth quarter of 2020/21.

REPORT: WILLIAMS ACT QUARTERLY REPORT

ON COMPLAINTS, SUBJECT AREA OF COMPLAINT AND RESOLUTION

Instructional Materials:            No complaints for the fourth quarter.

Staffing:              No complaints for the fourth quarter.

Facilities:            No complaints for the fourth quarter.

Valenzuela Act:    No complaints for the fourth quarter.

Total Complaints:         No complaints to date.

 
G.2. Report on Construction Projects Progress Payments
Financial Impact:
                                                         Previously Paid         Current Payment      Balance Due

Acme Construction Co., Inc.
Bret Harte Fire Damage Repairs
Contract Price: $4,134,000                 $485,066.39            $597,004.65                $3,051,928.96
Certificate Nos: 3 & 4

Anchor Singh Painting
Exterior Paint
Martone & Fairview
Contract Price: $115,000                     $109,250                 $5,750                          ----------
Certificate No: 3

Don Fowler Construction
Downey Ag Storage Building
Contract Price: $202,025                     $135,208.75            $56,715                     $10,101.25
Certificate No: 3

HB Restoration
Exterior Painting
Bret Harte, Kirschen &
Elliott
Contract Price: $259,670                      $209,683.53           $49,616.06                   ----------
Certificate No: 2


Robert Boyer Construction
Davis High 900 Wing
Contract Price: $1,104,000                    ----------                  $169,082.60              $934.914.40
Certificate No: 1

Robert Boyer Construction
Transportation Renovations
Contract Price: $2,296,000                     ----------                 $221,328.45              $2,074,671
Certificate No: 1

G.3. Report on Head Start Monthly Information Packet
Rationale:
A monthly information packet is prepared and provided to the Board for each month, October/November through May/June.

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

Information included in the packet is provided as part of the shared governance responsibility and oversight for the federal Head Start program.

Per the Head Start Act, each Head Start agency shall ensure the sharing of accurate and regular information for use by the governing body and the policy council about program planning, policies, and Head Start operations including:

A. Monthly financial statement including credit card expenditures
B. Monthly program information summaries
C. Program enrollment reports including attendance
D. Monthly reports of meals and snacks
 
Recommended Motion:
A copy of the Head Start packet has been provided for the Board’s information.
Attachments:
Head Start Information Packet - January
G.4. 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: February 5, 2021, 2:51 PM

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