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: 131 982 299#

Pursuant to Government Code section 54953, Trustee Cindy Marks will participate virtually from Bay & Beach Club, 19508 Gulf Boulevard Suite 406, Indian Shores, FL.

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

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

The complete agenda is available at www.mcs4kids.com 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.

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.

Report on current professional development (PD) opportunities for all Modesto City Schools staff and Curriculum & Instruction/Professional Development (CIPD) areas of growth.  Reports will provide updates on professional development for classified staff and English learner instructors and parents, Induction and Instructional Coaching.

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

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

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

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

It was found that the following Board Policy and Administrative Regulation needed to be revised or adopted:  BP/AR 3515.2, Disruptions.

CSBA’s Delegate Assembly (DA) is a vital link in the association’s governance structure.  Working with local districts, county offices of education, the Board of Directors, and the Executive Committee, Delegates ensure that the association reflects the interests of school districts and county offices of education throughout California.  Members of the Delegate Assembly are elected or appointed by local board members in 21 geographic regions throughout the state.  There are two meetings each year, one in May and one immediately preceding the Association’s Annual Education Conference in December. 

Board members may nominate themselves or a fellow trustee to run for an elected seat on the CSBA 2022 Delegate Assembly. Delegates will serve two-year terms beginning April 1, 2021 through March 31, 2023. There will be one vacancy in Subregion 8-C; the incumbents whose term expires March 2022 is Faye Lane (Ceres USD). Nomination and biographical sketch forms have been provided to the Board and are due to CSBA by Friday, January 7, 2022.

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

Annual increases in the minimum wage (increasing to $15.00 per hour effective 1/1/22) have created compression in the lowest tier of classified positions on the Classified Salary Schedule and warranted an evaluation of the salary placement for the basic entry level positions in classified service. In addition, the District has and continues to experience increased competition in the workforce resulting in acute staffing needs. The District values the service of all employee groups and makes effort to avoid staffing shortages; however, such shortages in entry level positions in the classified service can result in direct adverse impact on District operations.

5.0: 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.

The District engaged with CSEA on the issue of minimum wage and entry level positions, as well as the workforce issues noted above. Productive conversations resulted in the attached Memorandum of Understanding to address District needs through making adjustments to ranges of select entry level classified positions. The agreement increases the range of the lowest tier of classified service positions to the new base range 23, ensuring all existing employees and new hires into entry level positions receive a competitive wage in relation to the statutory minimum wage. In addition, the agreement addresses positions in corresponding job families of the identified entry level positions in order to maintain position relationships consistent with the structure of the salary schedule. In so doing, this agreement directly addresses and increases compensation for positions that are among the highest demand and most difficult to fill within the classified service.

This item is consistent with the District’s priority Goal 5.0 to recruit, hire, train and retain high quality staff.  In addition, it represents ongoing positive collaboration between CSEA leadership and the District.  Pending Board approval, the MOU will be ratified by CSEA membership at an upcoming meeting.

In order to maintain comparable compensation to support the District’ goals to hire and retain high quality staff, the District may engage in conducting compensation studies, which help to determine the compensation placement of positions relative to similar positions in other comparable school districts. A study was completed in June 2021 by School Services of California entitled “Total Compensation Study.  The study focused on extended cabinet level District Office management positions and outlined significant disparities for a number of positions between our managers’ total compensation in comparison to seven other districts identified as comparable in size and demographics or local districts representing the regionally competitive market.

5.0: 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 item is consistent with the District’s priority Goal 5.0 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 Districts face. To ensure that Modesto City Schools is able to meet this priority goal, it is recommended that the Board consider and approve the following:

• Adjust the salary range for positions as identified in the attached supporting document to ensure placement in the middle of comparative school districts as determined by the compensation study.
• Adjust position titles as noted in the attached supporting document

Government Code Section 3547(b) requires that prior to meeting and negotiating on any proposal submitted by public school employees, the public must first have an opportunity to become informed and express itself regarding the proposal at a public meeting. In preparation for negotiations during the 2016-17 school year, the Board and administrators were provided How to Negotiate Core Values, by Greg Dannis. The Board and administrators then participated in meetings to develop and establish our “core values.” The core values reflect what is central to our mission, seeks to define successful negotiations, and establishes the criteria upon which we will develop, evaluate and respond to proposals during negotiations.

1.0: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.
4.0: Ensure the District is fiscally and operationally sound.
5.1: Create a District culture of valuing all employees to facilitate hiring and maximize retention.

A public hearing needs to be held prior to subsequent Board action to vote to approve Modesto City Schools’ Core Values for Negotiations and initial proposal and vote to receive California School Employees Association’s initial proposal.  The Modesto City Schools District and the California School Employees Association have prepared their proposals for bargaining for the 2021-22 school years. Our Core Values and proposals are attached.

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

1. Randy Parker and Rosa Hernandez, $711.00 to Tuolumne Elementary Student Incentives
2. Cheryl Hiti, AP Study Guide 2021 for Beyer High School Library.  Estimated Value $20.00
3. Doris Karam, $500.00 to Beyer High School Cross Country Team
4. George and Donna Blanas, $500.00 to Davis High School FFA Student Activities
5. The Gualco Grup, Inc., $400.00 to Davis High School FFA, in Memory of Tom Berryhill
6. Linda Jelacich, $500.00 to Davis High School FFA, in Memory of Tom Berryhill
7. James and Brigitt Mayol, $1,000.00 to Davis High School FFA, in Memory of Tom Berryhill
8. Bill and Sharon Morris, $1000.00 to Davis High School Ag Scholarship
9. Hans and Carla Wagner, $250.00 to Davis High School FFA, in Memory of Tom Berryhill
10. Hotsy Pacific, $1,000.00 to Downey High School Football Club
11. Leslie and Matthew Roy, $250.00 to Downey High Girls Gold Club
12. Seth Simas, $500.00 to Downey High School Alumni Scholarship
13. Clint Mort, $300.00 to Enochs High School Class of 2025
14. Greengate International, Inc., $500.00 to Enochs High School Baseball
15. Kent and Virginia Johnson, $500.00 to Enochs High School Girls Volleyball
16. Save Mart Supermarkets, $500.00 to Enochs High School Boys Basketball
17. Linda and Luis Montalvo, $250.00 to Gregori High School Boys Soccer Club
18. Kirk McAllister, 2 large conference tables with chairs and entertainment center to Modesto High School.  Estimated Value: $2,400.00
19. Chris Carr, Trumpet, Music Tambourines, metronomes, and swabs to MCS Library Services.  Estimated Value: $125.00
20. Kimberly Richard, $50.00 to Parent Engagement and Outreach for student backpacks

It is recommended that the Board of Education approve the acceptance of gifts with appreciation as listed above.

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

Staff has identified a project that needs to be addressed.

• Johansen High School needs new HVAC systems for all of the original buildings to replace the worn-out central plant HVAC system.  
• Eleven (11) sites need their HVAC controls upgraded.
• Burbank, Lakewood and Sonoma Elementary Schools
• Hanshaw Middle School
• Beyer, Davis, Downey, Enochs, Gregori, and Modesto High Schools
• District Office

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 September 3, 2021, the District released RFQ/P No. 21-4759, Lease-Leaseback Construction Services for the Peter Johansen High School HVAC Replacement and Eleven (11) Sites HVAC Controls Upgrade Project with a due date of October 14, 2021.  The District received qualified proposals from Acme Construction Company, Inc. and Robert E. Boyer Construction, Inc.

Based on the proposals and interviews, Robert E. Boyer Construction, 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 Robert E. Boyer Construction, Inc. and authorize staff to negotiate a guaranteed maximum price for the Peter Johansen High School HVAC Replacement and Eleven (11) Sites HVAC Controls Upgrade project.

The probable cost of the entire project is estimated at $7,949,000.  The project will be funded from ESSER funds.

It is recommended that the Board of Education approve Resolution No. 21/22-10, Resolution Supporting Award of Lease-Leaseback Agreements for the Johansen HVAC Replacement and 11 Sites HVAC Controls Upgrade project and authorization to negotiate a guaranteed maximum price.

Performance Matters empowers professional learning teacher teams to create formative and summative assessments via item bank or through the creation of their own test items.  Though teachers have access to thousands of questions in our existing item bank, we have found an additional item bank would further support our teachers and professional learning teams to teach and formatively assess our MCS high leverage learning content standards.

3.3 Increase regular two-way communication with stakeholders regarding student progress and other important issues.
3.5 Improve operational efficiencies through the use of technology, and improved network infrastructure.
2.1 Increase targeted professional development in the areas of early literacy, mathematics, English Language Development (ELD), effective PLC teams, culturally responsive instruction, and leadership development.

Over 98,000 standards-based items are available with Navigate, as well as pre-built assessments that allow educators to quickly measure student performance. Certica’s rigorous, multi-step item development process is a proven method for developing and maintaining items of the highest quality.

Purchased items available to teacher teams/PLC’s will include:
 38,000+ items for K-12 in Mathematics
 39,000+ items for K-12 in English Language Arts (Reading, Writing and Research)
 13,000+ items for grades 3-12 in Science
 5,000+ items for grades 5-12 in Social Studies
 22,000+ items translated into Spanish

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

The out-of-state Gregori High School wrestling trip to Reno, Nevada was reviewed by the Associate Superintendent, Educational Services, 7-12.

The trip is scheduled for Monday, December 27 through Wednesday, December 29, 2021.  Students will not miss any school days.

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

Out-of-state trips must be approved by the Board of Education.

Modesto City School's Career Technical Education department has been on a mission to get as many courses articulated with Modesto Junior College as possible to give our high school students and extra opportunity to earn college credits while still in high school and taking a high school course. 

As part of the application process through Modesto Junior College, course outlines must be approved by the Board of Education within the last five years. 

The following course outlines have fallen outside of this five year span and are in need of the Board of Education's approval. There have been no changes to the content of course outlines, only to the formatting. 

The following outlines are being submitted for review:

Agriscience
Project Supervision/Project Supervision 2 Hr
Integrated Ag Biology
Biology and Sustainable Ag
Agriscience Systems Mgmnt
Animal Science 3-4
Veterinary Science
Ornamental Horticulture
Grnhse and Horticulture Practices
3D Comp Graphics and Animation 1-2
3D Comp Graphics and Animation 3-4
DSLR Photography 1-2
Photo Capture and Manip
Graphic Design II
Video Arts and Production 1-2
Digital Audio Production
Studio Recording
Multimedia Broadcasting 1-2
Multimedia Broadcasting 3-4
Video Game Design II
Video Game Design III
Video Game Design IV
Computer Programming
Engineering Design
Principles of Engineering
Applied Chemistry and Biotechnology
Medical Science I
Medical Science II
Culinary Arts I
Culinary Arts II
Exploring Computer Science
Robotics Engineering I
Robotics Engineering II
Robotics Engineering III
Computer Programming I
NFTE Entrep Owning Your Future

Early Childhood Education is required to complete the Early Childhood Environmental Rating Scale (ECERS) annually in each state preschool class and family childcare home. The ECERS is an observation tool designed to assess the quality of center-based preschool classrooms. 

1.1 Ensure Great Instruction First Time
2.2 Ensure all staff has professional development in the area of building their capacities as professionals. 

It is proposed that the District contract with Sandra Lee to provide ECERS reliability training to ECE staff for regulatory compliance and professional development focused on establishing safe, effective learning environments according to the ECERS tool.

A copy of the Services Agreement is available for review in the Early Childhood Education office.

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:

• Carrie Fabela, Vice Principal, K-6

The Coordinator, Newcomer Program & Supports will provide leadership and assume responsibility in the coordination and implementation of the District's Newcomer Program and the preparation for program quality reviews.

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

The General Education Board Certified Behavior Analyst will act as a consultant to administration, teachers, support staff, and students across setting to support student behavioral needs.

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

The principal recommended that the designated student, HS-12-2021-2022, be expelled for violation of Education Code 48900.7:

48900.7  Committed a terroristic threat.

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

The Administrative Panel held a hearing on October 19, 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.

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.

Modesto City Schools will contract with School Services of California Inc., to obtain facilitation services to create an Ethnic Studies Task Force. The purpose of the Task Force is to bring together Educational and Community Partners to examine current interests in Ethnic Studies, develop a definition for Ethnic Studies, and develop recommendations for the type of program that Ethnic Studies should be. The task force will be facilitated by Suzanne Speck. 

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

Goal 1.4: Develop a multi-tiered system of supports for all students

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

A copy of this agreement is available for review in the Superintendent's Office. 

The cost of services not to exceed $25,000 and be paid by General Fund.

The California Interscholastic Federation's "Pursuing Victory with Honor" program is based on 16 Operating Beliefs and Principles.  Principle #8 reads as follows:  "School Boards, superintendents, school administrators, parents, and school sport leadership must ensure that the first priority of their student-athletes is a serious commitment to getting an education and developing the academic skills and character to succeed."

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

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

Goal 4       Ensure the District is fiscally and operationally sound.

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

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

The Stanislaus County Treasury yield rate (similar to interest rate) at September 30, 2021 has decreased 20 basis points from the previous quarter and decreased 69 basis points over the last year.  The cash balance in the Stanislaus County Treasury has increased about $11.62 million over the balance for the previous quarter and increased about $59.37 million over the balance a year ago.  The decrease in cash balance from the previous quarter is related to the debt service payments on general obligation bonds.  The increase in cash balance from a year ago is related to the receipt of bond proceeds for the Elementary General Obligation Bond Measures D and E, Series B for construction projects and the receipt of additional redevelopment property taxes.

The District’s investments as of September 30, 2021 are shown on the attached report and are in compliance with the Board’s investment policy and all Government Code requirements.  The District’s investment advisor, Public Financial Management, provides the market value of individual securities.  LAIF, CAMP and the County Treasury provide market value information for those funds.