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Board of Education Agenda 1463rd Regular Meeting
Modesto City Schools
June 21, 2021 6:00PM
Board of Education - Board Room 425 Locust St

A. INITIAL MATTERS
Attachments:
Board Agenda 6-21-21 English
Board Agenda 6-21-21 Spanish
A.1. Call to Order - 5:00 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: 154 662 374#

 
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 Appointments - Titles: > K-6 PrincipalConfidential agenda item.
A.2.2. 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.2.3. Public Employee Discipline/Dismissal/ReleaseConfidential agenda item.
A.3. Moment of Silence - 6:00 p.m.
A.4. Pledge of Allegiance
A.5. Superintendent's Welcome/Announcements
A.6. Board of Education Members Reports
A.7. Approval of Consent Agenda
Quick Summary / Abstract:

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

The complete agenda is available at www.mcs4kids.com as well as at the Board meeting, 425 Locust Street. Unless some member of the audience or Board member has a question concerning an item and asks that it be withdrawn from the consent list, the items are approved at one time by the Board.  The action taken by the Board in approving consent items is set forth in the explanation of the individual items.

A.8. Approval of Order of Discussion/Action Items
A.9. Period for Public Presentations
Quick Summary / Abstract:
Board Bylaw 9322 (b):

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

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

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

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

In response to the Governor's Executive Order N-25-20 and Resolution 19/20-17 Delegating Authority to Take Necessary Action to Protect Students and Staff from the Spread of Coronavirus (COVID-19), adopted by the Modesto City Schools (MCS) Board of Education on 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 3 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. (20 mins) Report on Facilities: Summer Work
Speaker:
Tim Zearley
Rationale:

The Board of Education will be provided an update of planned summer facilities projects.

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

 
Attachments:
PPT Facilities Summer Work Report 6-21-21
B.2. (10 mins) Approval of Agreement with Terris Barnes Walters Boigon Heath, Inc., for General Obligation Bond Consulting Services
Speaker:
Tim Zearley
Rationale:

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

Terris Barnes Walters Boigon Heath, Inc. (TBWB) provided ballot measure electoral feasibility, public outreach and communication consulting services for our Elementary Bond Measures D & E.  We are requesting to utilize the same services for a potential High School Bond measure.

In order to properly plan for a potential Bond Measure campaign, TBWB will provide assistance in evaluating the electoral feasibility, and develop a measure for the ballot, while implementing a public outreach and communications program.

TBWB proposes to provide ballot measure electoral feasibility, public outreach and communication consulting services in amount not to exceed $67,850.

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

 
Financial Impact:

An estimated cost of $67,850 is anticipated for the bond measure planning campaign consultant services.  Funding source is the General Fund.

Recommended Motion:

It is recommended that the Board of Education approve the agreement with Terris Barnes Walters Boigon Heath, Inc., for General Obligation Bond campaign consulting services.

B.3. (10 mins) Approval of Proposal for Davis Demographics Student Forecasting and High School Boundary Study
Speaker:
Tim Zearley
Rationale:

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

High School attendance boundaries were last analyzed in 2012.  Boundaries should be studied periodically to account for any enrollment variations. 

Davis Demographics will use current and historical student data, including feeder districts, to create customized datasets that will provide insight into our student population and schools.  The boundary study service will focus on enrollment trends, equity, and inclusion to help determine what decisions need to be made for our existing high school attendance boundaries.

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

 
Financial Impact:
The proposal from Davis Demographics is estimated to cost $62,975.00 to be paid by General Fund. 
Recommended Motion:
It is recommended that the Board of Education approve the Proposal for Davis Demographics Student Forecasting and High School Boundary.
B.4. (10 mins) Approval of Services Agreement Between Modesto City Schools and Clarity AVL, Inc. for Purchase of Goods and Services for the 2021-22 Fiscal Year
Speaker:
Russ Selken
Rationale:

Due to COVID-19, it was essential for Modesto City Schools to reimagine the Boardroom setup to suit our new “normal”. As the Information and Educational Technology Services (IETS) worked to streamline the Boardroom setup to incorporate remote attendees for both the Board of Trustees and the public, this was a catalyst to redesign the Boardroom technology setup.

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.

In order to raise our overall production quality and system control while allowing for seamless integration for remote attendees, the IETS department is recommending an upgrade to the current Boardroom technology setup. Currently, the audio/visual equipment in the Boardroom is 7+ years old and without vendor or warranty support. Remote attendance (Microsoft Teams) integration is not fully supported which has increased the audio/visual quality issues.
A list of high-priority features was generated with input from multiple MCS stakeholders to identify the top vendors who met a majority of the district's needs. These needs included hard mute options, live microphone indicators, additional wireless microphones, remote attendee support, audio tuning automation, expandability and support. IETS engaged a broad stakeholder group to participate in vendor demonstrations and provided the stakeholders with evaluative checklists to identify the top platform.

IETS is recommending that the Board of Education approve the services agreement between Modesto City Schools and Clarity AVL, Inc. for purchase of goods and services for the new technology setup.

Copies of this agreement is available in the IETS department located on Reno Avenue.

 
Financial Impact:
The services agreement with Clarity AVL, Inc for the purchase of Goods and Services shall not exceed $109,200  encumbered with CARES Funds.
Recommended Motion:
It is recommended that the Board of Education approve the Services Agreement Between Modesto City Schools and Clarity AVL, Inc. for Purchase of Goods and Services for the 2021-22 Fiscal Year.
Attachments:
PPT Clarity AVL, Inc. Boardroom Tech Refresh
B.5. (5 mins) Report on Local Indicators
Speaker:
Steve Hurst
Rationale:
For Local Control Funding Formula (LCFF) priorities where data is not collected at the state level, a district will measure and report its progress through the California Dashboard based on locally collected data. Progress on these local indicators must be reported annually to the governing school board.

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.

LCAP Local Indicators:

The State Board of Education approved standards for the local indicators that support local educational agencies in measuring and reporting their progress within the appropriate priority area. For each local indicator, the approved standard includes:

1. Measuring LEA progress on the local indicator based on locally available information, and

2. Reporting the results to the LEA’s local governing board at a regularly scheduled meeting of the local governing board and to stakeholders and the public through the Dashboard.

For each applicable local indicator, LEAs assign one of three performance levels:

• Met
• Not Met
• Not Met for Two or More Years

The local indicators include:

• Basic Services (Appropriately Assigned Teachers, Access to Curriculum-Aligned Instructional Materials,    and Safe, Clean, and Functional School Facilities) (Priority 1)
• Implementation of State Academic Standards (Priority 2)
• Parent Engagement (Priority 3)
• School Climate (Priority 6)
• Access to a Broad Course of Study (Priority 7)

Modesto City Schools “Met” all five local indicators.

 
Recommended Motion:
Modesto City Schools has “Met” the five state local indicators.
Attachments:
PPT Local Indicators Annual Reporting of Local Performance Indicators
B.6. (5 mins) Approval of Local Control and Accountability Plan (LCAP)
Speaker:
Steven Hurst
Rationale:

The Local Control Funding Formula (LCFF) is designed to close the achievement gap by providing additional funds to support improved student outcomes and accountability. We must develop a plan locally that achieves improved results. The LCFF accountability system requires that districts develop a three-year Local Control and Accountability Plan (LCAP) and annually update it.

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

2. Ensure all employees have access to high quality professional development.

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.

4. Ensure the District is fiscally and operationally sound.

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

The LCAP must identify goals based on state priorities for all students, numerically significant subgroups, students with disabilities and eligible students. Additionally, the statute requires engagement with a variety of stakeholders in the development of the plan. Modesto City Schools has held twenty-three (23) meetings and/or workshops with staff, students, and community members asking for input to develop the LCAP draft. Prior to the approval of the plan, the district must review the draft in a public hearing in order to receive additional feedback from interested stakeholders. The public hearing took place on June 7, 2021.

Modesto City Schools’ staff has completed the requirements necessary to compose a draft LCAP and has presented it in a public hearing. Input was received and agreed-upon revisions have been made. The LCAP is now being submitted for approval by the Modesto City Schools Board of Education.

The LCAP can be accessed at www.mcs4kids.com. Copies of the LCAP are also available in the Superintendent’s office.

 
Recommended Motion:
It is recommended that the Board of Education approve the Local Control and Accountability Plan (LCAP).
Attachments:
MCS 2021-2024 LCAP
MCS 2021-24 Reader Friendly LCAP English
MCS 2021-24 Reader Friendly LCAP Spanish
B.7. (5 mins) Approval of Certification of the 2021/22 Budget for All Funds and Authorization to Transmit Copies to Local and State Agencies
Speaker:
Tim Zearley
Rationale:

The District is required to adopt its annual budget by June 30 of each year and to transmit the adopted budget to the Stanislaus County Office of Education and the California Department of Education.

Multiyear projections are required to be included with the budget by AB1200 and AB2756 and are not to be considered forecasts, but rather projections based on mathematical calculations as a result of today’s decision based on a given set of assumptions.

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

A budget has been prepared for Board approval that incorporates State funding levels based on the Governor’s January and revised May budget proposal.  Potential revisions will be brought to the Board when the impact of the final State budget is known.

In submitting the 2021/22 Adopted Budget, the Board understands its fiduciary responsibility to maintain fiscal solvency for the current and subsequent two fiscal years

 
Financial Impact:
While the District’s proposed 2021/22 budget is in balance with sufficient reserves for economic uncertainties, it recognizes that subsequent fiscal years are dependent upon a certain level of continued Local Control Funding Formula and will need to be monitored closely to determine necessary budget reductions to ensure fiscal solvency and alignment with the proposed Local Control and Accountability Plan.
Recommended Motion:
It is recommended that the Board of Education approve the 2021/22 budget for all funds, certify the 2021/22 budget, and authorize staff to transmit copies to local and state agencies.
Attachments:
2021-22 Budget Certification All Funds
B.8. (10 mins) Approval of Resolution No. 20/21-38 Adopting the Education Protection Account for Fiscal Year 2021/22
Speaker:
Tim Zearley
Rationale:

Pursuant to Article XIII, Section 36 of the California Constitution, Local Education Agencies are required to determine how the monies received from the Education Protection Account are spent in the school, or schools, within its jurisdiction, provided that the Governing Board makes the spending determinations in an open session of a public meeting.  The language in the constitutional amendment requires that the funds shall not be used for the salaries and benefits of administrators or any other administrative costs.

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

 
Financial Impact:
There is no fiscal impact.
Recommended Motion:
It is recommended that the Board of Education approve Resolution No. 20/21-38 adopting the Education Protection Account for fiscal year 2021-22.
Attachments:
21-22 EPA Resolution
B.9. (10 mins) Approval of Amendment to Employment Agreement with Dr. Sara Noguchi, Superintendent
Speaker:
Dr. Charlene G. West, Board President
Rationale:
Each year the superintendent is evaluated by the Board of Education followed by the preparation of a proposed amended employment agreement for the superintendent for the next school year. The proposed contract is presented at the June Board meeting and voted on by the Board.

The superintendent’s evaluation and contract align with all Modesto City Schools’ strategic goals.
 
Recommended Motion:
It is recommended that the Board of Education approve the amendment to the employment agreement with Dr. Sara Noguchi, Superintendent.
Attachments:
Amendment to Employment Agreement - Noguchi 6-21-21
C. BUSINESS ITEMS (PROPOSED CONSENT AGENDA)
C.1. Approval for NorCal ReLiEF to Provide the District with Property, General Liability, Crime, Cyber Liability, Equipment Breakdown Coverage, and Excess Liability Insurances in Fiscal Year 2021-2022 and for the District to Pay NorCal ReLiEF the First of Five Annual Installments to Fund a Risk Management Reserve
Rationale:

On September 30, 2019, the Board approved the District joining the Northern California Regional Liability Excess Fund (NorCal ReLiEF). This will be the District’s second full fiscal year of participation in the Pool.

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

The District will purchase property, general liability, crime, cyber liability, equipment breakdown coverage, and excess liability insurance and pay the second of five equal annual installments into a Risk Management Reserve Fund administered by NorCal ReLiEF.  The Risk Management Reserve Fund accumulates funds to pay for the appraisal of the District’s property every five years. The new policy year is from July 1, 2021 through June 30, 2022.

The premium proposal is attached, and the summarized 2021-2022 program costs are listed below:

                      Property, General Liability, Crime,
                      Cyber Liability, Equipment Breakdown         $1,647,391     

                      Excess Liability Insurance (2 Layers from
                      SAFER JPA, a Keenan Entity)                      $   215,884                                                  

                      Risk Management Reserve
                      (1st of 5 annual payments)                            $     8,478                                                           

                                                                           TOTAL:     $1,871,753

 
Financial Impact:
Payment of the above cost of $1,871,753 for fiscal year 2021-2022 will be paid from Risk Management’s Self-Insurance Fund.
Recommended Motion:

It is recommended that the Board of Education approve NorCal ReLiEF to provide the District with property, general liability, crime, cyber liability, equipment breakdown coverage, and excess liability insurances in Fiscal Year 2021-2022 and for the District to pay NorCal ReLiEF the second of five annual installments to fund a Risk Management Reserve.

C.2. Approval of Amendment No. 1 to the Facilities Lease With Robert E. Boyer Construction, Inc. for the Evelyn Hanshaw Middle School Science Labs Renovation Project
Rationale:

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

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 May 10, 2021, the Board adopted Resolution No. 20/21-31, supporting the award of the Site Lease and Facilities Lease for the Evelyn Hanshaw Middle School Science Labs Renovation Project (“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 the Project.  

Following Boyer’s preconstruction services, District staff and consultants have negotiated a GMP in the amount of $3,862,000 for the project.

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, 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, the Facilities Lease and Amendment No. 1 to the Facilities Lease for this project are available for review in the Planning and Facilities Office. 

Staff proposes the approval of Amendment No. 1 to the Facilities Lease with Boyer for the Evelyn Hanshaw Middle School Science Labs Renovation Project. 

 
Financial Impact:
The probable cost of the entire project is estimated at $5,313,000.  The project will be funded from Elementary Obligation Bond Measures E.
Recommended Motion:

It is recommended that the Board of Education approve Amendment No. 1 to the Facilities Lease with Robert E. Boyer Construction, Inc. for the Evelyn Hanshaw Middle School Science Labs Renovation Project.

C.3. Approval of Amendment No. 2 to the Facilities Lease With Sinclair General Engineering Construction, Inc. for the La Loma Junior High School and Tuolumne Elementary School Parking and Streetscape Improvements Project Subject to Division of the State Architect Approval
Rationale:

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

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 May 10, 2021, the Board adopted Resolution No. 20/21-32, supporting the award of the Site Lease and Facilities Lease for the La Loma Junior High School and Tuolumne Elementary School Parking and Streetscape Improvements Project (“Project”) to Sinclair General Engineering Construction, Inc. (“Sinclair”) under the District’s Best Value Methodology.  The Facilities Lease provided that Sinclair would perform preconstruction services to develop a Guaranteed Maximum Price (“GMP”) and Construction Schedule for each increment of the Project.  Sinclair 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:  Parking and streetscape improvements at La Loma Junior High School.

Bid Package #2:  New staff parking lot at Tuolumne Elementary School.

On June 7, 2021, the Board approved Amendment No. 1 to the Facilities Lease establishing a GMP in the amount of $4,152,000 for Bid Package #1.

Following Sinclair’s preconstruction services, District staff and consultants have negotiated a GMP in the amount of $5,210,000 for Bid Packages #1 and #2.

The Amendment provides that Sinclair will construct Bid Packages #1 and #2 of 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, 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, the Facilities Lease, and Amendment Nos. 1 and 2 to the Facilities Lease for this project are available for review in the Planning and Facilities Office.

Staff proposes the approval of Amendment No. 2 to the Facilities Lease with Sinclair for the La Loma Junior High School and Tuolumne Elementary School Parking and Streetscape Improvements Project subject to DSA approval of the Tuolumne Elementary School staff parking lot.  Division of State Architect (DSA) approval is expected to be received before the June 21, 2021 Board meeting.  If DSA approval is delayed, District personnel will not sign the Amendment No. 2 to the Facilities Lease until after receipt of DSA approval.

 
Financial Impact:

The probable cost of the entire project is estimated at $5,968,000.  The project will be funded from Elementary Obligation Bond Measures D and E.

Recommended Motion:

It is recommended that the Board of Education approve Amendment No. 2 to the Facilities Lease with Sinclair General Engineering Construction, Inc. for the La Loma Junior High School and Tuolumne Elementary School Parking and Streetscape Improvements Project subject to Division of the State Architect approval.

C.4. Approval of April 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 April 1, 2021 and April 30, 2021 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.
Attachments:
April Budget Adjustments
C.5. Approval of Authorization to Award Bid No. 21-4744, Gasoline and Diesel Fuel to George W. Lowry, Inc.
Rationale:

Gasoline and diesel fuel purchases are required for the District vehicle fleet.

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

The last bid for gasoline and diesel fuel purchases was valid through March 2021.  Competitive bids needed to be sought to meet formal bid requirements for renewal. 

Bid specifications were developed and Bid #21-4744 was advertised to obtain formal responses. Bid specifications required pricing submittals showing the price to be added per gallon to an independent national wholesale pricing index posted each week. Refueling occurs at the supplier’s fueling station location. Three (3) suppliers submitted pricing as follows:

                                                                          Unleaded Fuel                  Low Sulfar Diesel

George W. Lowry, Inc.

$0.0544

$0.0566

SC Fuels

$0.1307

$0.1360

*Merrimac Energy Group

$0.26

$0.26

*Disqualified due to failure to submit a complete bid package with the Local Point of Sale attachment.

Specifications also indicated the District would calculate the cost of travel to and from the fueling station locations indicated in the bid responses. The proposals were scored using pre-established evaluation criteria to determine best value which included pricing, distance from the District’s Transportation Yard, and membership in a State sales network that utilizes a card-locking system. Both Lowry and SC Fuels have fueling stations located at 1249 Woodland Avenue which are the closest to the District’s Transportation Yard. 

After a full review and scoring of the two (2) qualified bid responses, staff recommends awarding the bid to George W. Lowry, Inc. The bid award is for one year, with a contract extension for two additional one-year periods. 

 
Financial Impact:

Approximate annual expenditures for fuel are $700,000 from the General Fund.

Recommended Motion:

It is recommended that the Board of Education approve authorization to award Bid #21-4744 Gasoline and Diesel Fuel to George W. Lowry, Inc.

C.6. Approval of Authorization to Award Bid No. 21-4753, for Lakewood Elementary Single Point of Entry
Rationale:

On April 19, 2021, the Board of Education approved authorization to seek bids for Lakewood Elementary Single Point of Entry.

A mandatory job walk was held on March 24, 2021, for Bid No. 21-4753; thirteen (13) individuals signing in with six (6) companies submitting proposals.

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

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

Bid No. 21-4753, for Lakewood Elementary Single Point of Entry was opened on April 20, 2021, at 2:00 p.m., with the following results:

Contractor Base Bid

Menghetti Construction, Inc. $607,000
JHK Construction, Inc.  $624,000
Barham Inc., DBA BZ Construction  $689,601
Bobo Construction, Inc.  $778,000
JPB Designs, Inc.  Non-Responsive
Acme Construction Company, Inc.           Non-Responsive

 
Financial Impact:
The probable cost of the project is estimated at $1,097,000. Funding for this project will come from Elementary General Obligation Bonds.
Recommended Motion:
It is recommended that the Board of Education approve authorization to award Bid No. 21-4753, for Lakewood Elementary Single Point of Entry to Menghetti Construction Company, Inc., in the amount of $607,000. 

C.7. Approval of Authorization to Renew Annual Contracts with Specific Suppliers for Specific Supplies, Commodities or Services for 2021-22
Rationale:

Purchases are required for various supplies, commodities or services during the course of each year.

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

Existing contracts are in place for purchases of certain supplies, commodities or services for the next fiscal year. Authorization is needed to extend the purchases from these contractors for the 2021-22 fiscal year.

Cooperative or “piggy-backable” contracts are utilized to achieve greater cost savings and allow for multiple public agency use. When these contracts were originally awarded and approved, terms allowed for contract extension for additional one-year periods. Prices may be renegotiated at the time of contract renewal to obtain the best value. The specific supplies, commodities and services are provided on the attached “Vendor Contract List 2021-22.”

 
Financial Impact:

Approximate annual expenditures for 2021-22 are estimated not to exceed $20,550,000. Actual funds are budgeted prior to any purchase with possible funding sources identified as: General Fund, Categorical Funds, Cafeteria Fund, Deferred Maintenance Funds, Grant Funds, Elementary and High School Developer Fees, State New Construction Funds, General Obligation Bond and Special Reserves. 

Recommended Motion:
It is recommended that the Board of Education approve authorization to renew annual contracts with specific suppliers for specific supplies, commodities or services for 2021-22.
C.8. Approval of Catastrophic Student Accident Insurance Contract with Myers-Stevens & Toohey & Co., Inc. for Fiscal Year 2021-2022
Rationale:

Each school year, as required by the Education Code, the District makes available to parents and guardians a Student Accident Insurance Policy issued by a leading insurer.  If a major injury occurs to a student–athlete who has purchased student accident insurance, policy limits would be reached very quickly.  This could have two possible effects:

     (1)  A parent of guardian without other medical insurance would incur a significant personal expense.

     (2)  The District may be sued and have to defend itself against a bodily injury claim that has no legal merit, but which may generate significant defense costs.

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

The District needs to purchase a catastrophic student accident insurance policy for the 2021-2022 school year.

The District received a quote from Myers-Stevens & Toohey & Co., Inc.  The quoted cost for 2021-2022 will be $6.26 per student with 3,000 students participating.  The premium cost is the same amount paid by the District in 2020-2021.  Major benefits of this policy include:

     (1)  Accident Medical Expense (excess with a 10-year benefit period of up to a $5,000,000 paid maximum, subject to a $25,000 deductible if the first expense is incurred within 180 days of the covered accident.

     (2)  Catastrophic Cash Benefit of up to $1,000,000, where "as a result of a covered Injury, an Insured Person suffers Paralysis, Coma, or Brain death," which "must occur within 180 days from the date of the Accident and continue for 6 consecutive months and have a prognosis that such loss will be permanent."

     (3)  Accidental Death & Dismemberment of $50,000 payable in the even of death resulting from a covered accident to an insured.

 
Financial Impact:

The total cost of $18,780 will be paid from the District’s Self-Insurance Fund.

Recommended Motion:
It is recommended that the Board of Education approve the Catastrophic Student Accident Insurance Contract with Myers-Stevens & Toohey & Co., Inc. for Fiscal Year 2021-2022.
C.9. Approval of Contract with Capitol PFG for High School Bond Implementation Planning
Rationale:

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

Capitol PFG provides professional consulting services related to bond implementation and is familiar with the current facility needs of the District.

Capitol PFG worked with the District on the successful passage of General Obligation Bond Measures D and E for Modesto City Elementary Schools.  To begin planning for a potential Modesto City High School District Bond Measure, Capitol PFG will provide Bond Measure Financial Advisor services.

Capitol PFG shall perform certain consulting services for the District as it relates to the high school bond implementation.  Capitol PFG shall be compensated for the performance of its consulting services depending of the level of expertise needed and a negotiated not to exceed.

Contract can be reviewed in the Business Services Division.

 
Financial Impact:

The consulting services are not expected to exceed $30,000 for fiscal year 2021-22. The General Fund will provide the funding of these services unless another source is identified.

Recommended Motion:

It is recommended that the Board of Education approve the contract with Capitol PFG for High School Bond Implementation Planning.

C.10. Approval of Excess Workers' Compensation Insurance with Star Insurance Company for Fiscal Year 2021-2022
Rationale:

The District pays the first $350,000 of a workers’ compensation claim. When a claim’s cost exceeds $350,000, the District’s excess workers’ compensation insurance company begins to pay. Excess workers’ compensation insurance is marketed yearly.

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

Excess workers’ compensation insurance must be purchased for the new fiscal year that begins on July 1, 2021.

The District proposes to enter into an agreement with Star Insurance Company to provide excess workers’ compensation insurance for Fiscal Year 2021-2022.

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

 
Financial Impact:

The cost for Fiscal Year 2021-2022 will be $690,713, which is $36,957 less than the $727,670 premium paid for the current 2020-2021 fiscal year. Funding for this insurance will be paid from the District’s Self-Insurance Fund.  

Recommended Motion:

It is recommended that the Board of Education approve the excess workers’ compensation insurance with Star Insurance Company for Fiscal Year 2021-2022.

C.11. Approval of School Crossing Guard Insurance Contract with Myers-Stevens & Toohey & Co., Inc. for Fiscal Year 2021-2022
Rationale:

The District’s Student School Crossing Guard Program is a well-established one in which   traffic safety and personal responsibility are emphasized to elementary school students.

Approximately 900 students participate in this program.

The District first purchased an excess medical insurance policy for students in the program in June 2003.

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

The District needs to purchase a new excess medical insurance policy for the 2021-2022 school year.

For Fiscal Year 2021-2022, Myers-Stevens & Toohey & Co., Inc. has quoted the District its rate of $2.46 per student for an excess policy that would provide these benefits: $25,000 maximum medical expense per accident; $10,000 in the event of accidental death; and $0 deductible subject to 80% of usual, customary and reasonable charges.

Since this is an excess policy, it will not duplicate primary benefits if an injured student is already covered by medical insurance.  If an injured student has no medical insurance, then this policy will pay subject to its policy limits and terms.

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

 
Financial Impact:

The total cost of $2,214.00 for the 2021-2022 policy year is the same amount paid by the District in 2020-2021 and will be paid from the District’s Self-Insurance Fund.

Recommended Motion:

It is recommended that the Board of Education approve the School Crossing Guard Insurance Contract with Myers-Stevens & Toohey & Co., Inc. for Fiscal Year 2021-2022.

C.12. Approval of Student Accident Insurance with Myers-Stevens & Toohey & Co., Inc. for Fiscal Year 2021-2022
Rationale:

Each year a voluntary student accident insurance program is made available for purchase by parents and legal guardians for their children.  The insurance provides the medical coverage required by the Education Code for students participating in team activities.  A tackle football option is included for those who need this specialized coverage.

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

The District must offer a voluntary student accident insurance plan each school year.

The student accident insurance plan offered by Myers-Stevens & Toohey & Co., Inc. contains three levels of benefits and premiums for School Time, 24-Hour, and Tackle Football.  The coverage is the same for all three plans.  The differences are in benefit payment levels – the more expensive the plan, the higher the payment level. 

Accident plan types and total premiums follow:

Accident Plan:        Grade        Low-Option      Mid-Option      High-Option

School Time            K-12          $  39.00             $  63.00            $  77.00

24-Hour                   K-12          $165.00             $219.00            $317.00

Tackle Football       9-12           $180.00             $235.00            $338.00

A copy of the Myers-Stevens Student Accident Insurance Program for Fiscal Year 2021-2022 is available for review in the Risk Management Department.

 
Financial Impact:

There is no cost to the District.

Recommended Motion:

It is recommended that the Board of Education approve the Student Accident Insurance with Myers-Stevens & Toohey & Co., Inc. for Fiscal Year 2021-2022.

C.13. Ratification of Purchase Orders and VISA Payments for the Month of May 2021
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 May 2021.

Recommended Motion:

It is recommended that the Board of Education ratify the purchase orders and VISA payments for the month of May 2021.

C.14. Ratification of Warrants Drawn for the Month of May 2021
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 May 2021.
D. CURRICULUM AND INSTRUCTION ITEMS (PROPOSED CONSENT AGENDA)
D.1. Approval of Instructional Agreement with Modesto Junior College for the Middle College Pathway at Davis High School
Rationale:

Early College, sometimes called “Middle College,” is a grades 9-12 school-within-a-school that is located on or near a community college campus. The organizational structure reflects the shared student responsibility of the high school, the school district, and the college. High school and college faculty create curriculum alignment that leads to high quality educational and employment opportunities. Students who completed the Intersegmental General Education Transfer Curriculum (IGETC) with a “C” or better receive fully transferable credit to Junior College, CSU, or UC schools.

Credit is delivered by means of dual enrollment. Dual enrollment is when a student receives the five (5) semester credits necessary for high school and community college by taking one class with one instructor.

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

Modesto Junior College (MJC) will continue to provide the District, on the Davis High School campus, with a coordinated program for fall and spring semesters that will deliver college-level instruction for eligible students to take targeted classes for the 2021-22 school year.

MJC will provide the District with access to closed-to-the-public online classes of “Middle College” for eligible sophomore, junior, and senior students.

Davis High School students will be enrolled in targeted closed-to-the-public MJC online credit and face-to-face classes that are attended onsite, at Davis High School, during the regular high school schedule of classes. There is no cost to the student for the classes or the college units.

Successful completion of these targeted classes will strengthen students’ ability to be prepared for continuing college participation and accelerate students’ ability to reach their academic goals at the Junior College, CSU, or UC systems.

A copy of the agreement can be found in the Educational Options office.

 
Financial Impact:
Total cost of providing courses by MJC (both fixed and variable) shall not exceed $127,870. The funding source has been identified in the Local Control and Accountability Plan.
Recommended Motion:

It is recommended that the Board of Education approve the instructional agreement with Modesto Junior College for the Middle College Pathway at Davis High School.

D.2. Approval of Applications for Funding Agricultural Vocational Education Incentive Grants, 2021-22
Rationale:

Each fiscal year, the California Department of Education, Agricultural Education Division, offers monies to high school agriculture departments.  Each site must apply for these funds, showing matching funds are available.  Yearly, each site must also pass an audit of the preceding year's grant funding and a departmental compliance inspection before new monies can be offered.  All District high schools have completed this process.

1.2 Increase students being identified as “prepared” in the college/career indicators.
1.5 Ensure students have access to enrichment activities at all school sites.

The following District high schools have completed applications for site Agricultural Vocational Education Incentive Grant funding July 1, 2021 through June 30, 2022:     

Beyer:  $19,488
Davis:  $24,888
Downey:  $20,528
Enochs:  $25,344
Gregori:  $25,248
Johansen:  $24,744
Modesto:  $13,796

Copies of these applications are available for review in the Educational Options office.

 
Financial Impact:
There will be no financial impact to the District. 
Recommended Motion:
It is recommended that the Board of Education approve the applications for funding Agricultural Vocational Education Incentive Grants, 2021-22.
D.3. Approval of Licensing Agreement with Document Tracking Services, 2021-22
Rationale:

Document Tracking Services (DTS) is a web-based application that allows school districts to streamline how they complete and update a wide array of school and district-level reports. This application eliminates the need for emailing of documents, provides for more flexibility with school and district staff as the application is internet accessible, and it provides 100% accountability in tracking documents/reports.

Key features include:
• pre-population of all data needed in any report
• data carryover from year to year (minimizing/streamlining annual updates)
• full report customization
• complete document history/restoration
• multiple user logins per location
• translation services available upon request

Our District is required to keep multiple and varied plans that contain the same informational components/data. DTS will provide the ability to streamline the input and maintenance of various plans while saving time and improving consistency across all District reports and plans. The application also provides for efficiency in pushing out various reports to the sites. Additionally, the LCAP and SARC must be posted in both English and Spanish. DTS can provide translation services as well, for a nominal fee.

The District will continue with the services of Document Tracking Services to provide a non-exclusive license to use the DTS application for 34 school sites and the District Office – 35 sites total including up to five (5) different documents. Additionally, the District will continue to contract for translation services for the Spanish School Accountability Report Cards (SARC) for 34 school sites, 2021-24 Spanish Local Control and Accountability Plan, 2021-22 Single Plan for Student Achievement, and the DTS Vault (gathering, tracking and storage of compliance documents for auditing or compliance services). The term of the licensing agreement with Document Tracking Services is one (1) year and runs from July 1, 2021 through June 30, 2022.

A copy of the licensing agreement is available for review in the office of State and Federal Programs.

 
Financial Impact:
The contracted amount for Document Tracking Services includes a non-exclusive license to use the DTS application for 34 school sites and the District Office (35 sites total) including up to five (5) different documents, translation services for the Spanish School Accountability Report Cards (SARC) for 34 school sites, 2021-22 Spanish Local Control and Accountability Plan, 2021-22 Single Plan for Student Achievement, and the DTS Vault (gathering, tracking and storage of compliance documents for auditing or compliance services). The total compensation to Document Tracking Services will not exceed $30,000. The funding sources have been identified as categorical monies and in the Local Control and Accountability Plan.
Recommended Motion:
It is recommended that the Board of Education approve the licensing agreement with Document Tracking Services, 2021-22.
D.4. Approval of Master Contracts for Non-Public, Nonsectarian School/Agency Services for 2021-2022: Central Valley Training Center, Sierra Vista Child & Family Services
Rationale:

Goal One: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.
1.1 Ensure Great Instruction First Time.
1.6:  Increase access to general education for students with disabilities.

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

Approval of Master Contracts for Non-Public, Nonsectarian School/Agency Services for 2021-2022: Central Valley Training Center, Sierra Vista Child & Family Services.

Modesto City Schools proposes to contract with the following NPS/NPA providers for the 2021-2022 school year: Central Valley Training Center, Sierra Vista Child & Family Services.

Copies of these master contracts are available in the Modesto City Schools Special Education Office for review.

 
Financial Impact:
Special Education has budgeted $4,670,000 for NPA/NPS services for the 2021-2022 school year.
Recommended Motion:

It is recommended that the Board of Education approve the master contracts for Non-Public School/Non-Public Agency services for 2021-2022: Central Valley Training Center, Sierra Vista Child & Family Services.

D.5. Approval of Memorandum of Understanding Between Modesto City Schools SELPA, Valley Mountain Regional Center – Early Start, and Stanislaus SELPA for the 2021-2022 School Year
Rationale:

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

Goal One: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.
1.6: Increase access to general education for students with disabilities.

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

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

 
Financial Impact:
The fiscal impact to the Special Education budget for Modesto City School’s financial obligation will not exceed $30,000.
Recommended Motion:
It is recommended that the Board of Education approve the Memorandum of Understanding between Modesto City Schools SELPA, Valley Mountain Regional Center – Early Start, and Stanislaus SELPA for the 2021-2022 school year.
D.6. Approval of Resolution No. 20/21-35 Authorizing the California State Preschool Program Contract, CSPP-1623, with the California Department of Education for Fiscal Year 2021-2022
Quick Summary / Abstract:
 
Rationale:
The California State Preschool Program is funded by the California Department of Education (CDE), Early Learning and Care Division. Modesto City School contracts with the CDE to provide subsidized preschool services for approximately 768 eligible children.

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 California Department of Education requires a Board Resolution authorizing the State Preschool Program Contract for 2021-2022.

The Board of Education must approve Resolution 20/21-35 authorizing the California State Preschool Program contract, CSPP-1623, with the California Department of Education. A copy of the contract is available in the Early Childhood Education Office.

 
Financial Impact:
This contract provides $4,868,722 to the Early Childhood Education Programs fund.
Recommended Motion:
It is recommended that the Board of Education approve Resolution No. 20/21-35 authorizing the California State Preschool Program Contract, CSPP-1623, with the California Department of Education for fiscal year 2021-2022.
Attachments:
Resolution 20/21-35
D.7. Approval of Resolution No. 20/21-36 Authorizing the Prekindergarten and Family Literacy Support Contract with the California Department of Education for Fiscal Year 2021-22
Rationale:

Modesto City Schools has been awarded a Prekindergarten and Family Literacy Support Contract by the California Department of Education to provide support and promote interactive literacy activities for children and families enrolled in the Prekindergarten and Family Literacy Program.

1.1: Ensure Great Instruction First Time.
1.2: Increase students being identified as “prepared” in the college/career indicators.
1.3: Increase English Learner growth toward English proficiency.

The California Department of Education requires a Board Resolution authorizing the Prekindergarten and Family Literacy Support Contract for fiscal year 2021-22.

The Board of Education will approve Resolution 20/21-36 authorizing the Prekindergarten and Family Literacy Support Contract, CPKS-1102, with the California Department of Education. A copy of the contract is available in the Child Development Programs office.
 
Financial Impact:
This contract provides $25,000 to the Early Childhood Education fund.
Recommended Motion:
It is recommended that the Board of Education approve Resolution No. 20/21-36 authorizing the Prekindergarten and Family Literacy Support Contract, CPKS-1102, with the California Department of Education for fiscal year 2021-22.
Attachments:
Resolution 20/21-36
D.8. Approval of Resolution No. 20/21-37 Authorizing the General Child Care and Development Programs Contract, CCTR-1305, with the California Department of Social Services for Fiscal Year 2021/2022
Rationale:

Modesto City Schools, Early Childhood Education, contracts with the California Department of Social Services to provide subsidized childcare services for approximately 165 eligible children.

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 California Department of Social Services requires a Board Resolution authorizing the General Child Care and Development Contract for 2021/2022.

The Board of Education will approve Resolution 20/21-37, authorizing the General Child Care and Development Contract, CCTR-1305, with the California Department of Social Services. A copy of the contract is available in the Early Childhood Education office.

 
Financial Impact:

This contract provides $ 2,463,608 to the Early Childhood Education fund.

Recommended Motion:
It is recommended that the Board of Education approve Resolution No. 20/21-37 authorizing the General Child Care and Development Contract, CCTR-1305, with the California Department of Social Services for fiscal year 2021/22.
Attachments:
Resolution 20/21-37
D.9. Approval of Revised High School Course Outlines: Career Technical Education
Rationale:

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

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

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

Revised Courses:
Virtual Business: reformatted, ensured standards alignment, approved A-G "G", will be updating course code to reflect CTE department.
Employment Opportunities ROP: course renamed to Employment Opportunities 5-6, reformatted, ensured standards alignment, approved A-G "G", will be updating course code to reflect CTE department Retail Sales and Marketing: reformatted, ensured standards alignment, approved A-G "G", will be updating course code to reflect CTE department.

 
Recommended Motion:
It is recommended that the Board of Education approve the new and revised high school course outlines: Career Technical Education.
D.10. Approval of Revised High School Course Outlines: World Language
Rationale:

Course outlines have been revised to align with newly adopted curriculum.

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

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

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

Revised Courses:

French 1-4
MHS IB Prep French 1-3
French IBSL
Spanish 1-4
MHS IB Prep Spanish 1-3
AP Spanish Language and Culture
AP Spanish Literature and Culture
Honors Spanish III
IBSL Spanish
IBHL Spanish 1 & 2
Spanish for Spanish Speakers 3
Spanish for Spanish Speakers 4

 
Recommended Motion:

It is recommended that the Board of Education approve the revised high school course outlines:  World Language.

D.11. Approval of Services Agreement Between Modesto City Schools and CodeHS for the 2021-24 Fiscal Years
Rationale:

Information and Educational Technology (IETS) along with Curriculum and Instruction (CIPD) recommend the service agreement between Modesto City Schools and CodeHS for the 2021-24 fiscal years. This will add Elementary Sites to our (CS) curriculums and programs as part of continuing to develop the MCS Computer Science master plan. High Schools have been using CodeHS for a number of years and have found this to be the most comprehensive and versatile of programs that can be applied to all CS courses in the district.

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

CodeHS will provide a web-based curriculum, teacher tools and resources, and professional development based on the option selected by MCS. To support teachers during the year, CodeHS will provide professional development for our CLT teachers, including monthly meetups, feedback opportunities, and mid-year workshops with structured PD.

Services will be rendered between July 1, 2021 and June 30, 2024. Copies of this agreement are available in the IETS department located on Reno Avenue.

 
Financial Impact:
The services agreement with CodeHS shall not exceed $52,800 encumbered with ESSER Funds
Recommended Motion:
It is recommended that the Board of Education approve the services agreement between Modesto City Schools and CodeHS for the 2021-24 Fiscal Years.
D.12. Approval of Services Agreement between Modesto City Schools and Future Management Systems, Inc. 2021-22
Rationale:

The District is committed to enhancing the leadership capacity and strengthen the retention of high quality staff.  Future Management Systems, Inc. (FMS) provides individual assessments and sessions to help leadership gain the necessary competencies and systems to create integrated, interdependent high-performance teams, and assist leaders in working creatively to develop and sustain the necessary systems and resources to meet their strategic and professional goals.  This training will be to build the capacity of Cabinet, Extended Cabinet and site leaders.

2.0:  Ensure all employees have access to high quality professional development.
5.0:  Recruit, hire, train and retain high quality staff.

The COVID-19 experience has dramatically changed the way we will need to lead in the future.  We are leading in a different environment that we were two years ago.  The pandemic has provided MCS with the opportunity to Reinvent our systems, structures and supports for our students to ensure that ALL students are successful.  The influx of State and federal resources will result in a massive influx of new programming and support services.  This will require leadership to 1) understand how to support the changes in the system, and 2) understand how to monitor the programming through clear objectives, and key performance indicators that are monitored throughout the school year.  To ensure our administrators have the necessary skills to lead this work, we are investing in their professional knowledge focused on leading change and building internal accountability.  Additionally, the work that will focus on the six recommendations from the Equity and Racial Justice Taskforce will require leaders to engage in the work through an equity lens.  This will require ongoing coaching as leaders engage in the work and make the needed changes that will result.  The focus here will be on embedding these changes into the system, so the “changes” are not something that is apart from the work.  The goal will be to ensure that the changes become part of the way we do business, part of the MCS way.  This will take time, leadership coaching, and monitoring to realize.

A copy of the Services agreement with Future Management Systems is available for review in the Curriculum & Instruction/Professional Development office.

 
Financial Impact:
The cost of the services is $80,600 plus WPI testing and hiring consults, not to exceed $100,000.  The contract will start July 1, 2021 and conclude June 30, 2022.  Funding source:  AB 86 funds.
Recommended Motion:
It is recommended that the Board of Education approve the Services Agreement between Modesto City Schools and Future Management Systems, Inc. 2021-22.
D.13. Approval of Services Agreement between Modesto City Schools and Voyager Sopris Learning, Inc. for the Language Essentials for Teachers of Reading and Spelling (LETRS) program
Rationale:

The impact of the pandemic on our students has created a significant amount of unfinished learning, especially with our youngest learners.  Modesto City Schools is committed to investing in building the capacity of our teachers' knowledge of the science behind how students learn to read, write and spell and how to diagnose and treat reading gaps at any grade span.  This initiative will span over three years and enable teachers from Early Childhood through eighth grade to receive this professional development course founded in the science of reading with practical classroom implementation.  TK-6 Principals will receive professional development on supporting literacy improvements at the site and use of data and accountability tools.  Lastly, 10 of Modesto City Schools' instructional coaches will become facilitators of this professional development to reduce costs of facilitators working with our teachers in the future.

Language Essentials for Teachers of Reading and Spelling, LETRS, is a professional development course based on strong research with a focus on language development.  The program has over a decade of demonstrated success in schools and districts across the United States and fills the gaps in language development and literacy instruction that were not taught in teacher preparation courses.

1.0 Increase academic achievement and ensure equitable access to enable all students attain college and career readiness.
1.1 Ensure great instruction first time.
1.3 Increase English Learner growth toward English proficiency.
2.0 Ensure all employees have access to high quality professional development.

LETRS training is professional development that provides deeper knowledge, skills and practice to successfully address students' difficulties learning to read. Teachers and Coaches will benefit from:

•             Understanding the content and methodology of research-based, explicit, structured literacy instruction.

•             Deep knowledge of the cognitive and language factors that shape learning to read.

•             Information about how to differentiate instruction to meet the needs of all students.

This eight module professional learning will be offered to all TK – 3rd grade teachers, MTSS coaches, as well as 7th-8th grade English Language Arts teachers. A specialized four module program will be offered to our Early Childhood Education Teachers and Transitional Kindergarten teachers. Administrators will receive a two-day training, and the 10 instructional coaches will receive the LETRS facilitator training.

A copy of the Services Agreement can be reviewed in the Curriculum and Instruction/Professional Development office.

 
Financial Impact:

Total cost for the professional development, materials and supplies for teachers and coaches will not exceed $441,000. AB 86, ESSER, RHS and CSPP funds will be used.

Recommended Motion:
It is recommended that the Board of Education approve the Services Agreement between Modesto City Schools and Voyager Sopris Learning, Inc. for the Language Essentials for Teachers of Reading and Spelling (LETRS) program
D.14. Approval of Services Contract with Epoch Education, 2021-2022
Rationale:

The District proposes a contract with Epoch Education to assist District leadership in moving forward the recommendations of the Equity and Racial Justice Task Force approved at the April 19, 2021 Board meeting.

The agreement with Epoch Education includes 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.

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.

A copy of the contract is available for review in the Student Support Services Office.

 
Financial Impact:
Effective dates of this service contract are July 1, 2021 through June 30, 2022, not to exceed $285,000. The funding source will be AB 86 dollars.
Recommended Motion:

It is recommended that the Board of Education approve the services contract with Epoch Education, 2021-2022.

D.15. Approval of the 2021-2022 Single Plans for Student Achievement
Rationale:

California Education Code 64001 requires that schools receiving categorical funding annually submit a Single 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 Single Plans for Student Achievement.

The plans are submitted annually for Board approval and are available for review in the office of State and Federal Programs. Each of the school plans identifies goals, strategies to increase student outcomes, approaches and a process for ongoing evaluation of categorical programs.

 
Recommended Motion:
It is recommended that the Board of Education approve the 2021-2022 Single Plans for Student Achievement.
D.16. Approval of the Naming of the Davis High School Basketball Court for Coach Dan Pacheco
Rationale:

The naming of District facilities, including schools and specific buildings and grounds within schools, provides the Board of Education with opportunities to honor individuals who have made a significant contribution to Modesto City Schools.

A proposal was brought forward to the Board at the June 7, 2021 meeting. This proposal was made and resoundingly supported by many others to grant this honor to Coach Dan Pacheco. Since the June 7, 2021 meeting and the public posting of the June 21, 2021 meeting agenda, there have been no additional proposals brought forward for the naming of the Davis High School basketball court.

Coach Pacheco was hired at Davis High School in 1995, and during his twenty-plus years of service to the District, he has been a classroom teacher (Math), coach, and athletic director. Coach Pacheco’s career included 474 wins, making him one of the winningest coaches in Stanislaus District history. His resume of accomplishments also includes:

• 35 years in education
• 6 Basketball Championships
• From 2009-2012, produced the first-ever undefeated MMC Champions, including back-to-back undefeated seasons with only one league loss in three years
• Multiple playoff appearances
• Coach of the Year honors
• Teacher of the Year honors

Coach Dan Pacheco lived and breathed for his players, and to his former players, he has been not only their coach, but their life mentor. For a man whose favorite quote remains, “The true test of a man’s character is what he does when no one is watching,” his players watched and emulated their coach and unassuming “legend” of the Davis High basketball court.

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

 
Recommended Motion:
It is recommended that the Board of Education approve the naming of the Davis High School basketball court for Coach Dan Pacheco.
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:
06-21-21 Personnel Action Line Items Report
E.1.1. Approval of Certificated Personnel Terminations - 8 Items
E.1.2. Approval of Certificated Personnel Leaves of Absence - 2 Items
E.1.3. Approval of Certificated Personnel Employment - 29 Items
E.1.4. Approval of Certificated Personnel Other Appointments - 40 Items
E.1.5. Approval of Certificated Personnel Stipend Appointments - 10 Items
E.1.6. Approval of Classified Personnel Terminations - 9 Items
E.1.7. Approval of Classified Personnel Leaves of Absence - 33 Items
E.1.8. Approval of Classified Personnel Employment - 8 Items
E.1.9. Approval of Classified Personnel Other Appointments - 62 Items
E.1.10. Approval of Classified Personnel Substitute Appointments - 6 Items
E.2. Approval of Proposed Job Description: Classified Professional Development Coordinator
Rationale:

The Classified Professional Development Coordinator position will plan, develop, coordinate and conduct professional development opportunities to improve job skills of classified employees.

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

 
Financial Impact:
The Classified Professional Development Coordinator position will be paid from the Management Salary Schedule.
Recommended Motion:
It is recommended that the Board of Education approve the proposed job description.
Attachments:
Classified Professional Development Coordinator Job Description
E.3. Approval of Proposed Job Description: Director II, Financial Services
Rationale:

The Director II, Financial Services position is responsible for the oversight of assigned areas of business support services and internal performance and financial audits.

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

 
Financial Impact:
The Director II, Financial Services position will be paid on the Management Salary Schedule.
Recommended Motion:
It is recommended that the Board of Education approve the proposed job description.
Attachments:
Director II Financial Services Proposed Job Description
E.4. Approval of Proposed Job Description: District Multi-Tiered System of Support Coordinator, PK-12
Rationale:

The District Multi-Tiered System of Support Coordinator, PK-12 position will assist in coordinating the development, implementation, articulation and evaluation of Modesto City Schools' multi-tiered system of support (MTSS) programs.

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

 
Financial Impact:
The District Multi-Tiered System of Support Coordinator, PK-12 position will be paid on the Certificated Salary Schedule.
Recommended Motion:
It is recommended that the Board of Education approve the proposed job description.
Attachments:
District Multi-Tiered System of Support Coordinator, PK-12
E.5. Approval of Social Work Field Experience Agreement with Brandman University
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 is interested in entering into an agreement with Brandman University’s Bachelor of Arts in Social Work and Master of Social Work programs.  The District would like to enter into a Field Experience Agreement with Brandman University, effective June 22, 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 Brandman University.
F. MISCELLANEOUS ITEMS: (PROPOSED CONSENT AGENDA)
F.1. Approval of Designated Student Expulsions: None
F.2. Approval of Minutes for the June 7, 2021 Regular Meeting of the Board of Education
G. REPORTS AND COMMUNICATIONS:
G.1. Report on 2021/2022 Program Self Evaluation for California State Preschool Program and General Child Care and Development Contracts
Rationale:

Per 5 CCR 18279, all California Department of Education, Early Learning and Care (ELC) contractors shall develop and implement an annual plan for the program self-evaluation process. Contractors are required to analyze findings from the self-evaluation and develop a plan to modify the program for all areas needing improvement and ensure areas that are satisfactory continue to meet standards.

Goal One: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.
Goal 3.2: Promote outstanding students, families, staff, programs, schools, and community partners

For FY 2020–21 ELC contractors completed the modified Program Self Evaluation form due to challenges the COVID-19 pandemic presented and the adaptations and modifications that were made to services to ensure the health and safety of all children, staff, and families.

Modesto City Schools, Early Childhood Education analyzed findings from the California State Preschool Program and General Child Care Contracts self evaluation and developed a plan to ensure that all component areas will to meet or exceed the required standards as listed in Title 5, CCR 18279.

 
Recommended Motion:
A copy of the Program Self Evaluation has been provided for the Board’s information.
Attachments:
Program Self Evaluation 2021
G.2. Items to be Placed on Future Board of Education Agendas
H. ADJOURNMENT
Disability Information:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Superintendent's office, 209-574-1616. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting.

Published: June 18, 2021, 11:57 AM

The resubmit was successful.