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Board of Education Agenda 1467th Regular Meeting
Modesto City Schools
October 18, 2021 6:00PM
Board of Education - Boardroom 425 Locust St

A. INITIAL MATTERS
Attachments:
10-18-21 Board Agenda - English
10-18-21 Board Agenda - Spanish
A.1. Call to Order - 5:00 p.m.
Quick Summary / Abstract:

In response to the Governor's Executive Order N-15-21 (as of 9/20/21)(original 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 have been adjusted to follow health and safety precautions. 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 8/7/21) We value your comments and have created several options to ensure your voice is heard:

In-Person (effective 8/7/21): 
Members of the public can make their comment in-person at the Boardroom located at 425 Locust Street.  Public seating is available on a first-come, first-serve basis in the boardroom. 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: All individuals attending the Board meeting must wear an approved face covering while indoors (pursuant to SCPH mandate as of 9/4/21).  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 below. The Board assumes no liability for any health risks to members of the public who attend the Board meeting in-person.

By Email at publiccomment@mcs4kids.com or by voicemail at 574-1525 prior to Noon (12:00 p.m.) on the day of the Board meeting.  (Please keep your comment to 250 words – commentswill not be read aloud at the Board meeting, but will be transcribed, printed and provided to each Board memberprior to the start of the Board meeting.  Copies will also be made available to the public at the Board meeting and added to the minutes and approved at a subsequent Board meeting.)

 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

Note: Public Comments received in Spanish will be translated. 

Board meeting will be translated in Spanish: Please dial 1+(805)324-7680 (toll free)
Conference ID: 124 702 246#

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

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

A.2.1. Conference with District Labor Negotiator: RM regarding employee organizations: Modesto Teacher's Association and California Employee Association, Chapter No. 007; and Unrepresented Employee (Managers and Administrators)Confidential agenda item.
A.2.2. Public Employee Discipline/Dismissal/ReleaseConfidential agenda item.
A.2.3. Student Expulsion, HS-8-2021-2022Confidential agenda item.
A.2.4. Conference with Legal Counsel: Pending Litigation. Number of Cases: ThreeConfidential agenda item.
A.3. Moment of Silence - 6:00 p.m.
A.4. Pledge of Allegiance
Quick Summary / Abstract:

Marian Celeste Saras, 6th Grade, Everett Elementary

Julio Omar Rebolledo Davila, 6th Grade, Everett Elementary

A.5. Superintendent's Welcome/Announcements
A.6. Board of Education Members Reports
A.7. Recognitions
A.7.1. Special Recognition: New Managers “Welcoming Ceremony." Modesto City Schools (MCS) Congratulates 41 New Managers with the Annual “Welcoming Ceremony." Some are New to Their Role and Others are New to the District. All Were Selected for Their Position for Their Outstanding Leadership Qualities.
Speaker:
Dr. Sara Noguchi
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.

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.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-15-21 (as of 9/20/21)(original 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 have been adjusted to follow health and safety precautions. 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 8/7/21) We value your comments and have created several options to ensure your voice is heard:

In-Person (effective 8/7/21): 
Members of the public can make their comment in-person at the Boardroom located at 425 Locust Street.  Public seating is available on a first-come, first-serve basis in the boardroom. 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: All individuals attending the Board meeting must wear an approved face covering while indoors (pursuant to SCPH mandate as of 9/4/21).  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 below. The Board assumes no liability for any health risks to members of the public who attend the Board meeting in-person.

By Email at publiccomment@mcs4kids.com or by voicemail at
574-1525 prior to Noon (12:00 p.m.) on the day of the Board meeting.  (Please keep your comment to 250 words – comments will not be read aloud at the Board meeting, but will be transcribed, printed and provided to each Board member prior to the start of the Board meeting.  Copies will also be made available to the public at the Board meeting and added to the minutes and approved at a subsequent Board meeting.)

 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

Note: Public Comments received in Spanish will be translated.

B. DISCUSSION AND ACTION ITEMS
B.1. Student Representative to the Board Report
B.2. California School Employees Association Report
B.3. (5 mins) Approval of First Reading of Proposed Revision of Board Policy (BP) and Review of Administrative Regulation (AR): BP/AR 3350, Travel Expenses
Speaker:
Tim Zearley
Rationale:

Modesto City Schools' ongoing effort 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 needed to be revised or adopted: BP 3350, Travel Expenses.

 
Recommended Motion:
It is recommended that the Board of Education approve the first reading of proposed revision to Board Policy (BP) and review Administrative Regulation (AR): BP/AR 3350, Travel Expenses.
Attachments:
(reference only) AR 3350 Travel Expenses (Revised)
BP 3350 Travel Expenses (First Reading)
B.4. (10 mins) Report from Dr. Okonofua
Speaker:
Mark Herbst/Dr. Okonofua
Rationale:

In May of 2018, the District retained Dr. Jason Okonofua, Mindset Science Solutions, LLC, to serve as lead expert to review and analyze student outcome data and to provide the Board of Trustees with findings and recommendations.  Last year, Dr. Jason Okonofua recommended the implementation of the Teacher Perspective Program on a voluntary basis using Mindset Solutions Bi-Directional Surveys.

Dr. Okonofua will provide the Board with his findings and recommendations.

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

 
Attachments:
Dr. Okonofua Presentation 10-18-21
B.5. (30 mins) Report on Student Outcomes
Speaker:
Brad Goudeau/Dr. Heather Contreras
Rationale:

This report will provide the Board of Education with an update on student achievement and outcomes.  Since March of 2020, the COVID pandemic has impacted our world, nation, state, community, schools, and ultimately our staff and students. We will begin our report by telling “our story”, through student enrollment and demographic data, as well as reviewing the timeline of COVID’s impact on our instruction and programs.  Additionally, in the spirit of transparency, we will provide the Board with a summary of student outcome data in the following key areas:

  • “Our Story” - Enrollment & COVID
  • Four-Year Graduate Cohort Outcomes 
  • A Brief Summary of California Assessment of Student Performance and Progress (CAASPP) 
  • Advanced Placement (AP) & International Baccalaureate (IB) 
  • Summative English Learner Proficiency Assessment (ELPAC) 
  • State Seals: Biliteracy & Civic Engagement

This report will also include a summary of key findings in each of the aforementioned areas, as well as identifying actions the District is and will be taking in specific areas.

Goal 1.1           Ensure Great Instruction First Time
Goal 1.2           Increase students being identified as “prepared” in the college/career indicators. Increase
                         students being identified as “prepared” in the college/career indicators.
Goal 1.3           Increase English Learner growth toward English proficiency.
Goal 3.3           Increase regular two-way communication with stakeholders regarding student progress                               and other important issues.

Please note, the Report on Student Outcomes PowerPoint pdf attachment for this agenda item includes a number of informational slides that will not be displayed during the presentation to the Board due to presentation time constraints; however, these slides are included in the attachment as an additional source of information for the Board and our community.

 
Attachments:
PPT - Report on Student Outcomes 10-18-21
B.6. (10 mins) Approval of ESSER III Expenditure Plan
Speaker:
Steven Hurst
Rationale:
In response to the 2019 Novel Coronavirus (COVID-19), the U.S. Congress passed the American Rescue Plan (ARP) Act, what was signed into law on March 11, 2021. This federal stimulus funding is the third act of relief in response to COVID-19, following the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA Act).

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.

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

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

In order to receive an allocation, the District must submit the ESSER III Legal Assurances, the Safe Return to In-Person Instruction and Continuity of Services Plan, and the ESSER III Expenditure Plan. The Board of Education must approve the ESSER III Expenditure Plan for it to be submitted to the California Department of Education by the October 29, 2021 due date.

Modesto City Schools’ staff has submitted the ESSER III Legal Assurances and the Safe Return to In-Person Instruction and Continuity of Services Plan, as required, and has completed the requirements necessary to compose the ESSER III Expenditure Plan. Input was received and revisions have been made. The ESSER III Expenditure report is now being submitted for approval by the Modesto City Schools Board of Education.

 
Recommended Motion:
It is recommended that the Board of Education approve the ESSER III Expenditure Plan.
Attachments:
MCS ESSER III Expediture Plan PowerPoint October 18, 2021
MCS ESSER III Expediture Plan PowerPoint October 4, 2021
MCS ESSER III Expenditure Plan Elementary
MCS ESSER III Expenditure Plan High School
B.7. (10 mins) Report on Enrollment Counts for 2021-22 as of 09/03/2021
Speaker:
Tim Zearley
Rationale:

For 2021-22, the District conducted enrollment head counts during the first four weeks of the school year for all 34 schools. The enrollment counts are used as the basis for conducting student projections and for staffing and budget allocations every year.

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

The final enrollment counts occurred on Friday, September 3, 2021.

TK-8 Enrollment:

TK-8 general education enrollment is 13,238 students. With special education included, TK-8 enrollment equals 13,808. There are <321> less general education students from the final enrollment count for the 2020-21 school year and <68> less students than projected. Special education enrollment is not part of the annual projection.

9-12 Enrollment:

9-12 general education enrollment is 14,340 students. With Special Education and Alternative Education included, 9-12 enrollment equals 15,161. There are 251 more 9-12 general education students than the final enrollment count for the 2020-21 school year, and 255 more students than projected. Special Education and Alternative Education are not part of the annual projection.

Summary Impact:

General education student enrollment, TK-8, over the first four weeks of school, grew by 1,015 students between the first count day of August 9, 2021, and Friday, September 3, 2021. This is <640> students more than the five-year average gain of 375 TK-8 students over the first four weeks of school every year.

General education enrollment projections for the fall of 2022 were off by <68> students at the TK-8 level, even with a projected decline of <264> students, meaning TK-8 enrollment declined by <332> students.  TK-6 enrollment declined by <11> students and 7-8 enrollment declined by <321> students.

This general education decline follows the decline in enrollment of <970> students in the fall of 2020, the decline in enrollment of <355> students in the fall of 2019, the decline in enrollment of <119> students in the fall of 2018 and the decline in enrollment of <225> students in the fall of 2017. Enrollment had been status quo from 2014 to 2016.

This type of enrollment loss for five years is not easily attributable to any specific forecast factor in the existing attendance boundaries of the elementary district. The TK-8 elementary district is comprised of mature neighborhoods that typically remain status quo, unless a socioeconomic event occurs. There has not been a spike in foreclosures, no housing units torn down, no factory or manufacturing closure or job losses.

An analysis of the specific grade levels shows significant declining enrollment in half of the grade levels.  The decline in Kindergarten enrollment from 2016 to 2019 mirrors the decline in the number of births in Stanislaus County from 2011 to 2014.  The number of births in Stanislaus County increased in 2015 but the decline in Kindergarten enrollment for 2020 does not reflect that.  However, since Kindergarten is not mandatory, maybe parents chose not to send their Kindergarteners to school during the 2020 pandemic.  This is proven by the significant increase in first graders for 2021 in comparison to the number of kindergarteners in 2020.  The number of births increased in 2016 in comparison to 2014 but decline in Kindergarten enrollment for 2021 in comparison to 2019 does not reflect this.

The 9-12 comprehensive sites showed a total increase of 255 general education students over the previous years’ enrollment. The biggest gains in enrollment over last year are Downey with a gain of 79 students and Johansen with a gain of 67 students.

The alternative education programs, including Elliott Alternative Education Center, while not projected, showed a decrease of <186> students from the previous year.

Total TK-12 enrollment with special education included is 29,135 students, which equates to <271> less students from the fall 2020 enrollment.

 
Attachments:
Report on First Month Final Enrollment as of 09/03/21 including charts
TK-12 Total Enrollment Counts as of 09/04/2021
B.8. (10 mins) Ratification of Letter of Agreement between Modesto City Schools District and Modesto City Schools’ Managers for the 2020-21 and 2021-22 School Years
Speaker:
Mike Henderson
Rationale:

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

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

The Board of Education must approve the Letter of Agreement with the Modesto City Schools’ Managers for the 2020-21 and 2021-22 school years.

The Modesto City Schools’ Managers approved the attached Letter of Agreement on September 15, 2021.  The Modesto City Schools’ Managers approved the Letter of Agreement on September 15, 2021. The Agreement includes an ongoing increase on the management salary schedules; increase in the District contribution to Health & Welfare benefits; COVID-19 leave provision for qualifying management employees; the opportunity for managers to receive additional compensation upon completion of District-approved professional development (up to 1% of base salary for 12 hours of PD); an increase to the longevity rate steps identified in the management salary schedules; and provisions allowing the District to offer hiring incentives for positions identified by the District as “hard to fill.” The Agreement must be approved by the Modesto City Schools Board of Education.

 
Financial Impact:

The Agreement with the Modesto City Schools’ Managers will result in a cost of approximately $1,978,888 for the 2021-22 year and the following fiscal impact for subsequent years: $1,716,909 (2022-23 year) and $1,720,589 (2023-24 year).

Recommended Motion:
In accordance with Government Code Section 3547.5, and following consideration of certification that the costs incurred by the school district can be met during the agreement’s term, it is recommended that the Board of Education ratify the Letter of Agreement between Modesto City Schools District and Modesto City Schools’ Managers for the 2020-21 and 2021-22 School Years.
Attachments:
LOA - Management Compensation Package 20-21 and 21-22
B.9. (10 mins) Approval of Amendment to Cabinet Salary Schedule Effective July 1, 2021, Health and Welfare Benefits effective January 1, 2022 and Other Terms and Conditions of Employment
Speaker:
Mike Henderson
Rationale:
In order to maintain comparable compensation structures in the salary schedule previously approved by the Board for Cabinet-level managers, it is requested that the Board consider and approve an amendment to the salary schedule to reflect increases to compensation and other benefits related to terms and conditions of employment commensurate with agreements recently approved for other employee groups within the District. The amendment includes an increase in compensation consistent with the Board’s goal of maintaining competitive compensation rates for its District leadership positions. In addition, the amendment includes an increase in the District contribution toward Health & Welfare benefits, COVID leave, and professional development opportunities consistent with other District management employees

5.0 Goal Five: Recruit, hire, train, and retain high quality staff.

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

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

This amendment is consistent with the District’s priority Goal 5 – to recruit, hire, train and retain high quality staff. This priority extends to District leadership positions for which attracting and retaining high quality leadership is an ongoing challenge all school districts face.
 
Financial Impact:

Approval of the amendment will result in a cost of approximately $98,293 for the 2021-22 year and the following fiscal impact for subsequent years: $82,640 (2022-23 year) and $82,882 (2023-24 year).

Recommended Motion:
It is recommended that the Board of Education approve the amendment to Cabinet Salary Schedule effective July 1, 2021, Health and Welfare Benefits effective January 1, 2022 and other terms and conditions of employment.
Attachments:
Amendment to Cabinet Compensation 2021-22
C. BUSINESS ITEMS (PROPOSED CONSENT AGENDA)
C.1. Approval of Amendment No. 3 to the Facilities Lease for the Bret Harte 50s Wing Fire Reconstruction and Wilson Cafeteria Construction Project
Rationale:

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 June 22, 2020, the Board adopted Resolution No. 19/20-21, supporting the award of the Site Lease and Facilities Lease for the Project to Acme Construction Company, Inc. (“Acme”) under the District’s Best Value Methodology.  The Facilities Lease provided that Acme would perform preconstruction services to develop a Guaranteed Maximum Price (“GMP”) and Construction Schedule for each increment of the Project.  Acme and the District have agreed to bid the trade contracts in two distinct increments, each with an associated bid package (“Bid Package”), as follows:

Bid Package #1:  New 50s wing classroom building construction at Bret Harte Elementary School because of a fire.

Bid Package #2:  New modular cafeteria building and site improvements at Wilson Elementary School.

On September 8, 2020, the Board approved Amendment No. 1 to the Facilities Lease establishing a GMP in the amount of $4,134,000 for Bid Package #1 and a construction completion date of no later than September 30, 2021.

On November 30, 2020, the Board approved Amendment No. 2 to the Facilities Lease establishing a GMP in the amount of $6,414,000 for Bid Packages #1 and #2.

Because of late changes to the plans at Wilson Elementary School and extended timelines for delivery of product, the construction completion date needs to be extended to January 31, 2022. 

The Amendment provides that Acme will construct Bid Packages #1 and #2 of the Project in accordance with the Facilities Lease for the established GMP and amends the Construction Schedule for the Project. To account for those changes, the Amendment modifies the Facilities Lease, including Exhibit F of the Facilities Lease, and the accompanying Contract Documents to the Facilities Lease.

Copies of the Site Lease and the Facilities Lease for this project are available for review in the Planning and Facilities Office at 426 Locust Street, Building R, Modesto, CA.

Staff proposes the approval of Amendment No. 3 to the Facilities Lease with Acme for the Bret Harte 50s Wing Fire Reconstruction and Wilson Cafeteria Construction Project.

 
Financial Impact:

The probable cost of the entire project is estimated at $11,100,000.  The project will be funded from insurance proceeds and Elementary Obligation Bond Measures D and E.

Recommended Motion:

It is recommended that the Board of Education approve Amendment No. 3 to the Facilities Lease for the Bret Harte 50s wing fire reconstruction and Wilson cafeteria construction project.

C.2. Approval of Authorization to Utilize a Master Price Agreement through National Purchasing Partners (NPP) Request for Proposal No. 2060 Park, Playground, and Recreation Equipment
Rationale:

During the year, there is a need to purchase playground equipment and shade structures.  Currently, the District is conducting site upgrades to include new shade structures at various sites.

Goal Four: Ensure the District is fiscally and operationally sound.
Goal 4.3: Invest in school facilities and infrastructure for safe and clean facilities.

The cost to purchase this equipment exceeds the current bid threshold and competitive bids must be sought or identified to meet formal bid requirements.

Through a solicitation process, Park Planet was awarded the opportunity to complete a Master Price Agreement with the League of Oregon Cities as a result of its response to Request for Proposal No. 2060 for “Park, Playground, and Recreation Equipment.”

This process offers competitively bid contract pricing and the initial contract term is three (3) calendar years from the effective date (April 1, 2021) and shall automatically extend for up to three (3) successive one (1) year periods. 

The League of Oregon Cities and Park Planet extended the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners (NPP), to which Modesto City Schools is a member.

The request for proposal was competitively solicited consistent with procurement laws and publicly awarded to allow for multiple public agency use as required by provision 20118 of the Public Contract Code.

Staff proposes the District utilize this Master Price Agreement to purchase playground equipment and shade structures allowing for greater cost savings rather than seeking separate bids.

 
Financial Impact:
The estimated annual total cost for purchases under this contract is $2,000,000 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 utilize a Master Price Agreement through National Purchasing Partners (NPP) Request for Proposal No. 2060 Park, Playground, and Recreation Equipment
C.3. Approval of Design and Construction Energy Services Agreement with Schneider Electric Buildings Americas, Inc. (ESCO)
Rationale:

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

The District is undertaking a Project which consists of an energy assessment and the design and construction of certain energy conservation measures and related improvements at certain District facilities.

Schneider Electric  is a full-service energy services company (ESCO) with the technical capabilities to provide services to the District including, but not limited to, energy and energy system auditing, engineering design, procurement, construction management, installation, construction, training, monitoring and verification, commissioning and warranty services.

Design services to include:  Outdoor learning environments, electric vehicles, and solar panels.

 
Financial Impact:
Project design fees will be included in the approved construction project.  If the District does not accept proposed project, the design fees are estimated to be $200,000.
Recommended Motion:
It is recommended that the Board of Education approve the Design and Construction Energy Services Agreement with Schneider Electric Buildings Americas, Inc. (ESCO)
C.4. Approval of Resolution No. 21/22-01 Authorizing the Execution and Delivery of School Impact Mitigation Agreements for Crossroads West Specific Plan Area and Taking Related Actions
Rationale:

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

On March 19, 2019, the Riverbank City Council approved the Crossroads Specific Plan.  The specific plan area is located at the northwest corner of Oakdale Road and Claribel Road.  The specific plan area is located in the city limits of Riverbank but is included in the boundaries of Sylvan Union School District (Grades TK-8) (“Sylvan USD”) and Modesto High School District (Grades 9-12) (“Modesto HSD”).  The specific plan consists of 380 acres and is proposing over 2,000 residential units of varying sizes which are projected to produce over 300 high school students.

The landowners desire to enter into a school impact mitigation agreement with Sylvan USD and Modesto HSD to provide the necessary school facilities to house the potential number of students that will evidently living in the specific plan area.

The Districts, developer representing the landowners and attorneys have prepared a school impact mitigation agreement.  The Board needs to approve the agreement in form by adopting the attached resolution.

 
Financial Impact:

There is no fiscal impact for the adoption of this resolution.

Recommended Motion:

It is recommended that the Board of Education approve Resolution No. 21/22-01 authorizing the execution and delivery of school impact mitigation agreements for Crossroads West Specific Plan Area and taking related action.

Attachments:
Resolution No. 21/22-01 - Crossroads West School Impact Mitigation Agreement
C.5. Approval of Resolution No. 21/22-07 Adopting a Recalculated 2020/21 Appropriations Limit and Calculating the 2021/22 Appropriations Limit for the Modesto City Elementary and High School Districts (Gann Limit)
Rationale:

Proposition 4, enacted in 1979, limited the future growth in State spending to no more than the State’s growth in population and inflation. This limit on government spending, now commonly known as the Gann Limit, applies not only to the State of California, but also to all cities, counties and special districts, school districts and county offices of education.

Goal 4 - Ensure the District is fiscally and operationally sound.

The California Constitution, Article XIII B, requires each public agency to annually recalculate its appropriations limit and adopt the appropriations limit for the current year.

The base year for Gann Limit calculations was 1978-79. Each year since, a school district’s Gann Limit is increased for both inflation and population growth. Inflation is defined as the annual percentage change in California per capita personal income. Population growth for school districts is defined as the district’s change in ADA (Actual Daily Attendance).

The basis for the 2020/21 Gann Limit calculation is the “recalculated” 2020/21 limit. The “recalculation” reflects the actual revenues and ADA figures for 2020/21, which is then used to develop the new base for the 2021/22 calculation.

A second calculation must be made to determine if the District’s revenues, subject to the Gann Limit, are not over its limit. Not all revenue sources count against the District’s limit. Only State and local tax sources and their proportionate share of interest income are subject to this limit. Other revenues, such as federal grants, cafeteria sales or adult education fees are not included in the calculation. If the calculation results in a district’s revenue exceeding its Gann Limit, that excess is counted toward the State’s Gann Limit. Therefore, every school district in California is exactly at its Gann Limit.

As a constitutional requirement, Gann Limit calculations must be prepared by each school district. District staff provides the County Office of Education with the necessary information to produce the required reports to support the Resolution. Copies of the reports are available for review in the office of the Associate Superintendent, Business Services.

 
Financial Impact:
There is no direct fiscal impact on either the Modesto City Elementary or High School District.
Recommended Motion:
It is recommended that the Board of Education approve Resolution No. 21/22-07 Adopting a Recalculated 2020/21 Appropriations Limit and Calculating the 2021/22 Appropriations Limit for the Modesto City Elementary and High School Districts (Gann Limit).
Attachments:
20-21 GANN Limit
20-21 Gann Supplemental Data
C.6. Approval of Resolution No. 21/22-08, Resolution Supporting Award of Lease-Leaseback Agreements for the Tuolumne STEAM Building Project and Authorization to Negotiate a Guaranteed Maximum Price
Rationale:

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

Staff has identified a project that needs to be addressed.

  • Tuolumne Elementary School is expanding from a TK-6 site to a TK-8 site.  Additional classroom space is needed to accommodate the addition of Grades 7 and 8 and especially the addition of STEAM classrooms. The project consists of a new 4,896 SF Classroom Building with 2 Classrooms, a Maker Space Lab, Audio Visual Lab, Outdoor Classroom, Toilet Rooms and accessory spaces. 

Because of timing and coordination issues, it has been determined the best construction method to accomplish this project is lease-leaseback.

Education Code section 17406 requires the District to award lease-leaseback contracts based on a competitive selection process to the developer providing the best value to the District.  According to the Board adopted best value procedures and guidelines, the District needs to issue a request for qualification and proposal (RFQ/P) for the project.

On July 30, 2021, the District released RFQ/P No. 21-4758, Lease-Leaseback Construction Services for the Tuolumne Elementary School New STEAM Building Project with a due date of September 9, 2021.  The District received qualified proposals from Acme Construction Company, Inc., J.L. Bray & Son, Inc., CT Brayton & Sons, Inc., Otto Construction, and S+B James Construction.

Based on the proposals and interviews, J.L. Bray and Son, Inc. was ranked as the best value to the District.  The Board of Education needs to approve the attached resolution to support the award of lease-leaseback agreements to J.L. Bray and Son, Inc. and authorize staff to negotiate a guaranteed maximum price for the Tuolumne Elementary School New STEAM Building project.

 
Financial Impact:

The probable cost of the entire project is estimated at $4,500,000.  The project will be funded from Elementary General Obligation Bonds Measures D and E.

Recommended Motion:

It is recommended that the Board of Education approve Resolution No. 21/22-08, Resolution Supporting Award of Lease-Leaseback Agreements for the Tuolumne STEAM Building project and authorization to negotiate a guaranteed maximum price.

Attachments:
Resolution No. 21/22-08 - Tuolumne STEAM Building
C.7. Approval of Services Agreement and Products with MCA-Stalker Traffic Devices
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.

Stalker portable message centers will provide vital communication for areas where motorists need to be alerted to specific traffic conditions like school zones.  The message board can be customized to provide more than just speed limit for any site activity.  The pole mounted graphic display will be utilized on our Security vehicles to provide a first step in alerting motorists to the designated speed in school zones.  The mounted displays are portable and versatile in positioning and set-up.

 
Financial Impact:
The total estimated cost for MCA-Stalker Traffic Devises will be $79,071.00 and will be paid from XXXXXX
Recommended Motion:
It is recommended that the Board of Education approved the Services agreement and Products with MCA-Stalker Traffic Devices.
C.8. Approval of Services Agreement with Raptor Technologies Emergency Management System
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.

Raptor Emergency Management Suite includes Drill Manager to satisfy compliance mandates.  Raptor Alert, supports standard E911 services, and Emergency Management System, including reunification, to communicate and stay informed during site emergencies.

 
Financial Impact:
The total estimated cost would be $82,350.00 one time and an annual ongoing amount of $64,800.
Recommended Motion:
It is recommended that the Board of Education approve the Services Agreement with Raptor Technologies Emergency Management System.
C.9. Approval of Services Agreement with Tyson & Mendes, LLP to Provide Legal Services from July 1, 2021 through June 30, 2026
Rationale:

Modesto City Schools must use a law firm to defend both its employees and itself after a lawsuit has been filed.  Tyson & Mendes, LLP, a full-service civil law firm, has been one of the firms used by the District in civil litigation.

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

A new Agreement with Tyson & Mendes, LLP to provide legal services for Modesto City Schools needs to be entered into.  The term of this agreement is from July 1, 2021 through June 30, 2026.

Attorney fees are $260/hour for partners, $235/hour for associates, and $120/hour for paralegals. 

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

 
Financial Impact:

The not to exceed estimated annual cost of $300,000 will be paid from Risk Management funds budgeted for this purpose.

Recommended Motion:

It is recommended that the Board of Education approve the agreement with Tyson & Mendes, LLP to provide legal services from July 1, 2021 through June 30, 2026.

C.10. Approval to Accept Completion of Contract with D & T Painting, Bid No. 21-4745, for Painting Package I Davis High and Beard Elementary Schools, in the Amount of $357,240.45.
Rationale:
On May 10, 2021, the Board of Education approved award of Bid No. 21-4745, for Painting Package I Davis High and Beard Elementary, to D & T Painting in the amount of $443,000.

The contract included $100,000 in allowances and of that $14,240.45 was used. The remaining amount is returned to the district. 

Goal 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 D & T Painting Bid No. 21-4745, 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 $357,240.45, was funded from Facility Maintenance dollars.
Recommended Motion:
It is recommended that the Board of Education approve to accept completion of the contract with, D & T Painting, Bid No. 21-4745, for Painting Package I Davis High and Beard Elementary Schools in the amount of $357,240.45. 
C.11. Approval to Accept Completion of Contract with Pacific Contractors Group, Bid No. 21-4747, for Painting Package III Fremont and Muir Elementary Schools, in the Amount of $275,811.33.
Rationale:
On May 10, 2021, the Board of Education approved award of Bid No. 21-4747, for Painting Package III Fremont and Muir Elementary Schools, to Pacific Contractors Group in the amount of $276,000.

The contract included $50,000 in allowances and of that $49,811.33 was used. The remaining amount is returned to the district.

Goal 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 Pacific Contractors Bid No. 21-4747, 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 $275,811.33, was funded from Facility Maintenance dollars.
Recommended Motion:
It is recommended that the Board of Education approve to accept completion of the contract with, Pacific Contractors Group, Bid No. 21-4747, for Painting Package III Fremont and Muir Elementary Schools in the amount of $275,811.33. 
C.12. Approval to Accept Completion of Contract with Pro Ex Construction, Inc., Bid No. 21-4746, for Painting Package II El Vista and Sonoma Elementary Schools, in the Amount of $332,019.60.
Rationale:
On May 10, 2021, the Board of Education approved award of Bid No. 21-4746, for Painting Package II El Vista and Sonoma Elementary Schools, to Pro Ex Construction, Inc. in the amount of $302,000.

Throughout the course of the contract there was one (1) change order in the amount of $30,019.60.

Goal 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 Pro Ex Construction Bid No. 21-4746, 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 $332,019.60, was funded from Facility Maintenance dollars.
Recommended Motion:
It is recommended that the Board of Education approve to accept completion of the contract with, Pro Ex Construction, Inc., Bid No. 21-4746, for Painting Package II El Vista and Sonoma Elementary Schools in the amount of $332,019.60. 
C.13. Approval of July and August Revisions to the Adopted 2021/22 Budget
Rationale:

The Board adopted the 2021/22 budget on June 21, 2021.  Adjustments to the budget are made regularly based on known changes to revenue or the level/category of expenditures.

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

The Education Code requires that the Board approve major changes to the adopted budget.

Budget adjustments which have been processed for the period between July 1, 2021 and August, 31, 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 July and August revisions to the adopted 2021/22 budget.

C.14. Ratification of Purchase Orders and VISA Payments for the Month of September 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 September 2021.

Recommended Motion:

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


C.15. Ratification of Warrants Drawn for the Month of August 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 2021/22.
 
Recommended Motion:
It is recommended that the Board of Education ratify warrants drawn for the month of August 2021.
C.16. Ratification of Warrants Drawn for the Month of September 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 2021/22.
 
Recommended Motion:
It is recommended that the Board of Education ratify warrants drawn for the month of September 2021.
D. CURRICULUM AND INSTRUCTION ITEMS (PROPOSED CONSENT AGENDA)
D.1. Approval of Athletic Schedules, Winter, 2021-2022
Rationale:

The Winter athletic schedules for 2021-2022 have been reviewed by the District Athletic Chairperson, Grades 9-12, and and the Associate Superintendent, Educational Services, and are in compliance with District policy.  Athletes are to be excused so they may arrive at the contest in time to warm-up and  start the contest at the approved time.  In some instances, athletes are sharing a bus to cut down on transportation costs.  The District has no control over times set for the sub-section meets, section meets, and state meets.  Athletes participating in these meets will make up any class work missed.  All COVID guidelines will be adhered to.

Winter athletic schedules are attached.

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

Athletic schedules must be approved by the Board of Education.

 
Recommended Motion:
It is recommended that the Board of Education approve the athletic schedules, Winter, 2021-2022.
Attachments:
Athletic Winter Schedules 21-22 Beyer, Davis, Downey
Athletic Winter Schedules 21-22 Enochs, Gregori, Johansen, Modesto
D.2. Approval of Modesto City Schools SELPA Services Agreements for 2021-2022: The Stepping Stones Group, LLC
Rationale:
Modesto City Schools Special Education Local Plan Area (SELPA) contracts with outside service providers when necessary to provide needed supports to students with disabilities. Service agreements are generated when dictated by the Individualized Education Program or to provide specialized services and training the SELPA cannot provide. Additionally, services agreements are needed when the District is unable to fill vacancies in both certificated and classified staff.

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

1.6: Increase access to general education for students with disabilities.

Modesto City Schools SELPA has identified services providers for the 2021-2022 school year to assist the SELPA with meeting the unique needs of our students, assist with vacant positions, and provide targeted professional development to our teaching staff.

Modesto City Schools SELPA proposes to contract with the following entities to provide services, staff, and training to our District:

• The Stepping Stones Group, LLC.

Copies of these services agreements are available in the Modesto City Schools Special Education Office for review.
 
Financial Impact:
The fiscal impact of the services agreements will not exceed $2,500,000. The funding source has been identified as General Fund Special Education funds.
Recommended Motion:

It is recommended that the Board of Education approve the Modesto City Schools SELPA Services Agreements for the 2021-2022 school year with: The Stepping Stones Group, LLC.

D.3. Approval of Modesto City Schools Services Agreement for 2021-2022 with Kango Transportation
Rationale:

Modesto City Schools contracts with outside service providers, when necessary, to provide services that are unable to be provided by the District. State and Federal law indicates transportation must be provided to Foster and Homeless Youth who meet specific criteria. In most all cases, transportation for Foster and Homeless youth is provided by Modesto City Schools' transportation department. Service Agreements for transportation are generated to provide services the District is otherwise unable to provide.

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

Modesto City Schools has identified Kango Transportation as a service provider for the 2021-2022 school year to assist the District with meeting the unique transportation needs of Foster and Homeless students.

Modesto City Schools proposes to contract with Kango Transportation to provide transportation to Foster and Homeless youth when the District is otherwise unable to provide such transportation.

Copies of the services agreement is available in Modesto City Schools’ Student Support Services Office for review.

 
Financial Impact:
The fiscal impact of the services agreement will not exceed $50,000. The funding source has been identified as Categorical – Title I funds.
Recommended Motion:
It is recommended that the Board of Education approve the Modesto City Schools 2021-2022 services agreement with Kango Transportation.
D.4. Approval of New High School Course Outline: College and Career Seminar
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.

New Courses:
College and Career Seminar - will be submitted for "G" in February 2022 when the submission window opens.

 
Recommended Motion:
It is recommended that the Board of Education approve the new high school course outline: College and Career Seminar.
D.5. Approval of Proclamation Recognizing Keeping the Lights on After School
Rationale:

The Board of Education is issuing a proclamation stating that Lights on After School is to provide every child access to a safe, engaging place where the lights are on after school; and Superintendent Dr. Noguchi and Board of Trustees enthusiastically endorse Light On Afterschool and is committed to innovative afterschool programs and activities that ensure that the lights stay on and the doors stay open for all children after school.

Goal 1.5: Ensure students have access to enrichment activities at all school sites.
 
Financial Impact:
There will be no financial impact.
Recommended Motion:
It is recommended that the Board of Education approve the proclamation recognizing Keeping the Lights on After School.
Attachments:
Keeping the Lights on After School Proclamation
D.6. Approval of Revised High School Course Outlines: Journalism
Rationale:

The course outline has been revised to meet a-g criteria.

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 Course:

Advanced Journalism (Newspaper) 3-4

 
Recommended Motion:

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

D.7. Approval of Revised High School Course Outlines: Science
Rationale:

The course outline has been revised to align with newly adopted curriculum and reflect changes made by the College Board.

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 Course:

AP Chemistry

 
Recommended Motion:

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

D.8. Approval of Services Agreement with Gallo Center for the Arts, 2021-22
Rationale:

The Gallo Center for the Arts provides age-appropriate performances offered at both school sites and at the Gallo Center. This services agreement pertains to matinee performances offered at the Gallo Center for the Arts. The programs presented to students include, but are not limited to, topics such as building character, boosting self-esteem, and bullying prevention. Modesto City Schools continues to partner with local organizations to provide services to students, families, and staff.

Goal 1.1:  Ensure Great Instruction First Time

All services to any one vendor exceeding $10,000 must be approved by the Board of Education. A copy of the services agreement is available for review in the Curriculum & Instruction/Professional Development office.

 
Financial Impact:
Effective dates of the Services Agreement are October 19, 2021 through June 30, 2022 and will not exceed $30,945.  Funding source is supplemental/concentration.
Recommended Motion:
It is recommended that the Board of Education approve the Services Agreement with Gallo Center for the Arts, 2021-22.
D.9. Approval of Services Agreement with Lighthouse Psychological Services to Provide Transition Services for Junior High Students, 2021-2022
Rationale:
Modesto City Schools recognizes that the transition from junior high to high school can be a challenge for a number of our students. Lighthouse Psychological Services has agreed to support a number of targeted students located at our junior high schools and provide social-emotional skill building support to them and their parents.

Goal 1.4: Develop a Multi-Tiered System of Support for all students.
 
Financial Impact:
Effective dates of this services agreement are October 19, 2021 through June 30, 2022, not to exceed $10,000. The funding source will be AB86 funds.
Recommended Motion:
It is recommended that the Board of Education approve the services agreement with Lighthouse Psychological Services to provide transition services for junior high students, 2021-2022.
D.10. Approval of the 2021-2022 School Plans for Student Achievement
Rationale:

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

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

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

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 School Plans for Student Achievement.
D.11. Ratification of Instructional Agreement with Modesto Junior College for Paraprofessional Educator Bootcamp
Rationale:

In collaboration with Modesto Junior College and Modesto City Schools, we have created a program that will increase access to paraprofessionals that have the prerequisite skills needed to meet the needs of Modesto City Schools. Classes are designed to teach basic skills that assist Modesto Junior College students in becoming paraprofessionals that are ready upon completion to join our team.

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

Goal 5: Recruit, hire, train, and retain high quality staff

A copy of this Instructional Agreement is available in the Modesto City Schools Special Education Office for review.

 
Financial Impact:
The fiscal impact of the instructional agreement will not exceed $155,000.00.  The funding source has been identified as Unrestricted Funds, Supplemental/Concentration.
Recommended Motion:

It is recommended that the Board of Education approve the Instructional Agreement with Modesto Junior College for Para Educator Bootcamp.

D.12. Ratification of Instructional Agreement with Yosemite Community College District to Provide Enrichment and Tutoring Services
Rationale:

The agreement with Yosemite Community College District will provide after school enrichment opportunities for elementary and middle schools with a focus on our junior high students at Hanshaw for coding and tutoring for grades 7-12. Each enrichment class will serve approximately 20 students for up to 15 hours per week. Modesto City Schools students will have the opportunity to engage in enrichment areas like STEAM, athletics and leadership.

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

Goal 1.5 Ensure students have access to enrichment activities at all schools.

A copy of the services agreement between Modesto City Schools and Yosemite Community College District is available for review in the Intervention Programs office.

 
Financial Impact:
Effective dates of this instructional agreement are October 4, 2021 through May 26, 2022, not to exceed $54,000. The funding source is Title I.
Recommended Motion:
It is recommended that the Board of Education approve the ratification of the Instructional Agreement with Yosemite Community College District to provide enrichment and tutoring services.
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:
10-18-21 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 - 24 Items
E.1.3. Approval of Certificated Personnel Employment - 42 Items
E.1.4. Approval of Certificated Personnel Other Appointments - 196 Items
E.1.5. Approval of Certificated Personnel Stipend Appointments - 191 Items
E.1.6. Approval of Certificated Personnel Substitute Appointments - 69 Items
E.1.7. Approval of Classified Personnel Terminations - 39 Items
E.1.8. Approval of Classified Personnel Leaves of Absence - 57 Items
E.1.9. Approval of Classified Personnel Employment - 82 Items
E.1.10. Approval of Classified Personnel Other Appointments - 8 Items
E.1.11. Approval of Classified Personnel Substitute Appointments - 60 Items
E.2. Approval of Certification of Modesto City Schools' Administrators in Instructional Methodology and Evaluation of Instruction
Rationale:

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

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

To comply with Board Policy 4315.1, the following Modesto City Schools’ administrator has received training in instructional methodology and evaluation of instruction:

  • Cecilia Bolton, Vice Principal, K-6
  • Justin Broussard, Vice Principal, K-6
  • Marilen De La Cruz, Assistant Principal, 9-12
  • Rodolfo Garibay, Vice Principal, K-6
  • Gregory Hicks, Assistant Principal, 9-12, Alternative Education
  • Rosa Hurtado, Assistant Principal, 9-12
  • Jenny Kucher, Vice Principal, K-6
  • Papith Lee, Vice Principal, K-6
  • Guillermo Lopez Romo, Assistant Principal, 9-12
  • Elias Pew, Assistant Principal, 9-12
  • Emily Poisson, Assistant Principal, 7-8
  • Patrick Rodden, Assistant Principal, 9-12
  • Winding, Sarah, Assistant Principal, 9-12
 
Financial Impact:
There will be no cost to the District.
Recommended Motion:
It is recommended that the Board of Education approve certification of Modesto City Schools’ Administrators in instructional methodology and evaluation of instruction.
E.3. Approval of Resolution No. 21/22-09 Authorizing Assignment of Teachers Outside of Credentialed Academic Major or Minor Under the Licensing of Certificated Personnel Law for the 2021-22 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. 21/22-09 authorizing assignment of teachers outside of credentialed academic major or minor under the Licensing of Certificated Personnel Law for the 2021-22 school year.
Attachments:
10-18-21 Attachment Resolution 21-22_09 Teachers Outside Credentialed Area
E.4. Approval of Revised Job Description: Worker's Compensation Specialist
Rationale:

The Worker's Compensation Specialist position will provide leadership and assist with the administration of the District's self funded workers' compensation program.

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 position will be paid from the management salary schedule.
Recommended Motion:
It is recommended that the Board of Education approve the revised job description.
Attachments:
Worker's Compensation Specialist Job Description
E.5. Approval of Revised Job Description: Executive Secretary to the Board of Education
Rationale:

The Executive Secretary to the Board of Education is responsible for performing a variety of highly responsible, confidential and complex clerical, secretarial and administrative duties for the Superintendent of Schools and the Board of Education.

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 position will be paid from the management salary schedule.
Recommended Motion:
It is recommended that the Board of Education approve the revised job description.
Attachments:
Executive Secretary to the Board of Education Revised Job Description
E.6. Approval of Teacher Education Field Experience Agreement with Yosemite Community College/Modesto Junior College
Rationale:

The District has participated each year in agreements with colleges and universities to provide practice teaching experience to college students enrolled in education curricula.

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

The District is interested in entering into a Teacher Education Field Experience Agreement with Yosemite Community College/Modesto Junior College to provide practice teaching experience for their students enrolled in education curricula, effective October 19, 2021 through December 30, 2026. 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 teacher education field experience agreement with Yosemite Community College/Modesto Junior College.

E.7. Public Notice to Approve Waiver Request of California Education Code 44253.11 to Submit Waiver Request to the California Commission on Teacher Credentialing
Rationale:

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

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

In order for Nicolas Garcia to be compliant with the Career Technical Education English Learners authorization requirement, a waiver of California Education Code 44253.11 must be procured from the California Commission on Teacher Credentialing.  It is proposed that the Board of Education review and approve the request for Variable Term Waiver.

 
Financial Impact:
There will be no cost to the District.
Recommended Motion:
It is recommended that the Board of Education approve waiver request of California Education Code 44253.11 to submit waiver request to the California Commission on Teacher Credentialing.
Attachments:
10-18-21 Attach Waiver List - Ed Code 44253.11
E.8. Ratification of Contract with 3Strands Global for PROTECT Human Trafficking Training
Rationale:

Assembly Bill 1277 amended California Education Code related to training the District is required to provide to staff.  Specifically, the legislation requires that "...continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.”

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

The District has entered into a contract for the 2021/2022 School year with 3Strands Global to use their ‘PROTECT’ training materials for a training module on Human Trafficking Prevention delivered to our Management and Certificated staff through the C&I/PD professional development website.  This training ensures District compliance with legal training mandates, and provides valuable professional development training for our staff in support of District Professional Development Goal “2.”  A copy of
the contract will be available for review in the Human Resources Office.

 
Financial Impact:
The fiscal impact of this contract for the use of the training materials is $22,292.00.
Recommended Motion:
It is recommended that the Board of Education ratify the contract with 3Strands Global for PROTECT Human Trafficking Training.
F. MISCELLANEOUS ITEMS: (PROPOSED CONSENT AGENDA)
F.1. Approval of Student Expulsion, HS-8-2021-2022
Rationale:

The principal recommended that the designated student, HS-8-2021-2022, be expelled for violation of Education Code 48900:

(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person.

(a) (2) Willfully used force or violence upon another person, except in self-defense.

3.1: Implement the recommendations identified through the Safety Task Force.

The Administrative Panel held a hearing on October 5, 2021. Notification of the hearing was given to the parent/guardian. Parent/student were not in attendance.

The Administrative Panel concurred with the principal's specific recommendation to expel this student.

 
Recommended Motion:

It is recommended that the student be expelled from all schools in the District according to Board Policy 5132. Student should apply for readmission in June 2022, for enrollment in the Fall Semester of the 2022/2023 school year. Consideration for readmission will be based upon certification of completion of the student's rehabilitation plan.

If the student completes the rehabilitation plan, the student will apply to the Senior Director, Child Welfare and Attendance, to determine the appropriate educational placement based on the needs of the student and the District.

F.2. Approval of Proclamation Declaring the Month of October as National Filipino American History Month
Rationale:

In supporting the month of October 2021 as National Filipino American History Month, Modesto City Schools encourages students and residents to celebrate the history, culture and contributions of the Filipino-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 the proclamation declaring October 2021 as National Filipino American History Month.
Attachments:
Proclamation of Filipino American History Month
F.3. Approval of Minutes for the September 13, 2021 Regular Meeting and October 4, 2021 Special Meeting of the Board of Education
G. REPORTS AND COMMUNICATIONS:
G.1. Report on Construction Projects Progress Payments
Financial Impact:
                           Previously Paid      Current Payment Balance Due

Acme Construction Co., Inc.
Bret Harte Fire Damage Repairs
Contract Price: $3,809,000                 $3,367,903.45          $124,297.99               $316,798.56
Certificate No: 12

Acme Construction
Wilson Cafe
Contract Price: $2,605,000                 $1,641,384.25           $92,757.30                $870,858.45
Certificate No: 8 

J.L. Bray & Son, Inc.
Johansen Fitness Ctr.
Contract Price: $4,877,000                       ----------                 $466,621.93            $4,410,378.07
Certificate Nos: 1 & 2

Machado & Sons Construction
Paving & Slurry 2021 Martone
Contract Price: $663,820                       $625,113.30             $5,515.70                $33,191
Certificate No: 3

Menghetti Construction
Lakewood Single Point Entry
Contract Price: $607,000                        $344,334                 $145,410                 $140,632
Certificate No: 4

Modesto Executive Electric
Davis High Electrical Upgrades
Contract Price: $894,000                       $167,456.50             $275,599.75            $450,943.75
Certificate No: 4

Pacific Contractors Group
Painting Muir & Fremont
Contract Price: $276,000                        $108,680                  $101,270               $66,050
Certificate No: 2



Robert Boyer Construction
Hanshaw Science Lab
Contract Price: $3,862,000                     $225,052.50             $310,539.94          $3,326,407.56       Certificate No: 2


Sinclair General Engineering 
Construction, Inc.
Parking & Streetscape La Loma
Contract Price: $4,474,000                      $1,603,573.52          $1,171,352.57      $1,699,073.92
Certificate Nos: 3 & 4

Sinclair General Engineering 
Construction, Inc.
Tuolumne Streetscape
Contract Price: $736,000                         ----------                     $196,576.78           $539,423.22
Certificate Nos: 1 & 2

Sinclair General Engineering 
Construction, Inc.
Repaving & Slurry Enochs & Rose Ave   $993,766.50            $83,125                  $461,108.50
Contract Price: $1,538,000
Certificate No: 3
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: October 15, 2021, 2:25 PM

The resubmit was successful.