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Board of Education Agenda 1470th Regular Meeting
Modesto City Schools
December 13, 2021 6:00PM
Board of Education - Board Room 425 Locust St

A. INITIAL MATTERS
Attachments:
12-13-21 Board Agenda - English
12-13-21 Board Agenda - Spanish
A.1. Call to Order - 4:30 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: As students are present at the Board meetings, all individuals attending the Board meeting must wear an approved face covering while indoors (pursuant to CDPH guidance as of 6/24/21).  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: 982 123 314#

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 Legal Counsel: Pending Litigation. Number of Cases: TwoConfidential agenda item.
A.2.2. Conference with District Labor Negotiator: RM regarding employee organizations: Modesto Teacher's Association and California Employee Association, Chapter No. 007; and Unrepresented Employee (Managers and Administrators)Confidential agenda item.
A.2.3. Public Employee Discipline/Dismissal/ReleaseConfidential agenda item.
A.3. Moment of Silence - 6:00 p.m.
A.4. Pledge of Allegiance
Speaker:
Krista Noonan
Quick Summary / Abstract:
Annabell Heng, 4th Grade, Garrison Elementary School
Zaniyah Dyer, 4th Grade, Garrison Elementary School
A.5. Superintendent's Welcome/Announcements
A.6. Board of Education Members Reports
A.7. Recognitions
Speaker:
Krista Noonan
A.7.1. Character Education: Nahomi Soto Valadez, 4th Grade, Orville Wright Elementary School.
Speaker:
Krista Noonan
Rationale:
Nominated by Student Assistant Specialist Mayra Martinez, Nahomi has shown strength in many of the MCS character traits, especially Civility. Nahomi's daily conduct is both courteous and compassionate. She strives to do her best in all areas of life. At school, Nahomi is well recognized for being a true Peace Builder and a great friend to all. 
 
A.7.2. MCS Hero: Cammy Lamar, Student Records Clerk, John Muir Elementary School.
Speaker:
Krista Noonan
Rationale:
Nominated by Campus Assistant Kensee Silva, Cammy Lamar always goes above and beyond for our Muir students. She always comes to work ready to help everyone. No matter how much work comes her way, she tackles all of the tasks efficiently and with care. Cammy is knowledgeable in all areas and is often referred to as the "go to" staff member on campus. If there is a family in need of help finding a resource, she points them in the right direction. If a student needs a device, a band aid, or someone to talk to Cammy is always there and willing to help. This year has challenged many of us, but Cammy continues to give 100% to everyone at Muir Elementary and we are so thankful for her. 
 
A.7.3. Update on Modesto City Schools' 150th Anniversary Activities for the 2021-2022 School Year
Speaker:
Krista Noonan
A.8. Approval of Annual Board Reorganization
Speaker:
Charlene West, Board President
Rationale:
As set forth in Board Bylaw 9100, the Governing Board shall hold an annual organizational meeting.
 
Attachments:
Board of Trustees Committees 2022-2023
A.8.1. Selection of Board Representative (1) to Serve on the County Committee on School District Organization
A.8.2. Selection of Board Representative (1) and Alternate (1) to Serve on the Salida Area Public Facilities Financing (SAPFFA) Board of Directors
A.8.3. Selection of Board Representatives (2) and Alternates (2) to Serve on the Schools Infrastructure Financing Agency (SIFA) Board of Directors
A.8.4. Selection of Board Representative (1) to Serve on the California Association of Large Suburban School Districts (CALSSD) Board of Directors
A.8.5. Selection of Board Representative (Vice President), Additional Board Member (1) and Alternate (1) to Serve on the District Audit Committee
A.8.6. Selection of Board Representative (1) to Serve on the Construction Committee
A.8.7. Selection of Board Representatives (President and Vice President) and Additional Board Member (1) to Serve on the Budget Advisory Committee
A.8.8. Selection of Board Representatives (3) to Serve on the Modesto City Schools Equity Committee
A.8.9. Selection of Board Representative (1) to Serve on the Association of Stanislaus County School Boards
A.8.10. Selection of President of the Board
A.8.11. Selection of Vice President of the Board
A.9. Approval of Consent Agenda
Quick Summary / Abstract:

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

The complete agenda is available at www.mcs4kids.com 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.10. Approval of Order of Discussion/Action Items
A.11. Period for Public Presentations
Quick Summary / Abstract:

Board Bylaw 9322 (b):

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

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

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

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

In response to the Governor's Executive Order N-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: As students are present at the Board meetings, all individuals attending the Board meeting must wear an approved face covering while indoors (pursuant to CDPH guidance as of 6/24/21).  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. (10 mins) Report on Student Social Emotional Support Survey
Speaker:
Danielle Hinkle
Rationale:

Modesto City Schools provides a number of social emotional supports for students. Examples include School Counselors, School Psychologists, Student Assistance Specialists and Mental Health Clinicians from the Center for Human Services.

A Social Emotional Support Survey will be administered three times per year to students in grades 4-12. The purpose of the survey is to determine students’ awareness of the various supports as well as determine if they know how to access the supports. 
Goal One:  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 Three:  Provide a safe, welcoming, and respectful learning environment for every member of the school community while ensuring effective district-wide communication for students, staff, families, and community partners.
Goal 3.3: Increase regular two-way communication with stakeholders regarding student progress and other important issues.

Student Support Services will provide the Board of Education an update on results from the beginning of year Social Emotional Support Survey. Next steps will outline strategies to increase student awareness of the various social emotional supports available.

 
Recommended Motion:
The Board of Education will hear a report on the Student Social Emotional Support Surveys.
Attachments:
PPT Social Emotional Survey 12-13-21
B.4. (10 mins) Approval of First Reading of Proposed Revisions to Board Policy (BP): BP 6144, Controversial Issues
Speaker:
Mike Rich
Rationale:

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

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

It was found that the following Board Policy needed to be revised:  BP 6144, Controversial Issues.

 
Recommended Motion:
It is recommended that the Board of Education approve proposed revisions to Board Policy (BP):  BP 6144, Controversial Issues.
Attachments:
BP 6144 Controversial Issues
B.5. (20 mins) Approval of First Interim Financial Report for 2021/22 and Positive Financial Certification
Speaker:
Tim Zearley
Rationale:

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

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

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

The first interim report, based on October 31 financial data, is due to the Stanislaus County Office of Education by December 15, 2021.  The report requires Board approval to be finalized.

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

 
Financial Impact:

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

Recommended Motion:

It is recommended that the Board of Education approve the First Interim Financial Report for 2021/22 and Positive Financial Certification.

Attachments:
2021-22 First Interim Financial Report
PPT - 21-22 1st Interim
B.6. (10 mins) Board of Education will Recess and Convene as the Modesto City Schools Joint Powers Authority
Speaker:
Tim Zearley
Rationale:

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

1.  Approval of Minutes of Meeting of December 14, 2020

2.  Annual Election of Modesto City Schools Joint Powers Authority 2022 Officers 

3.  Authorization of the Annual Audit of the Accounts and Records of the Authority for the Fiscal Year  Ended June 30, 2021 and Direction to Staff to Transmit the Report Accordingly

4.  Period for Public Presentations

5.  Adjournment as Modesto City Schools Joint Powers Authority

 
Recommended Motion:

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

Attachments:
Agenda and Minutes for MCS Joint Powers Authority
B.7. (5 mins) Reconvene as Modesto City Schools Board of Education
Speaker:
Tim Zearley
B.8. (10 mins) Approval of Resolution No. 21/22-12, Approving a Joint Exercise of Powers Agreement Between the Modesto High School District and Sylvan Union School District and Selection of Board Representatives (2) and Alternates (2)
Speaker:
Tim Zearley/Duane Wolterstorff
Rationale:

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

Construction of residential housing has started in the Crossroads West Specific Plan Area (Crossroads West).  Construction of residential housing is set to start in the Tivoli Specific Plan Area (Tivoli) in 2022.  New residential housing brings more students to Sylvan Union School District (Sylvan) for Grade TK-8 and to Modest High School District (District) for Grades 9-12.

The District and Sylvan have entered into school impact mitigation agreements with landowners in Crossroads West and Tivoli.  The agreements call for the establishment of Mello-Roos community facilities districts in Crossroads West and Tivoli to assess special taxes to provide financing of school housing for the additional students generated because of the new housing developments.

A new joint authority powers (JPA) entity needs to be formed to manage the new community facilities districts.

Attached is a resolution to approve a joint exercise of powers agreement between the High School District and Sylvan.  The agreement will allow the creation of a new JPA entity called Modesto Sylvan Schools Infrastructure Financing Agency (MSSIFA).  MSSIFA will be governed by two members of the Board for Modesto City Schools, two members of the Board for Sylvan and one member from the public.

Staff is seeking approval of the resolution and selection of two Board representatives and two alternates to the MSSIFA Board of Directors.

 
Financial Impact:

There is no financial impact.

Recommended Motion:

It is recommended that the Board of Education approve Resolution No. 21/22-12, approving a Joint Exercise of Powers Agreement between the Modesto High School District and Sylvan Union School District and selection of Board representatives (2) and alternates (2)

Attachments:
Resolution 21/22-12 - JPA Agreement
C. BUSINESS ITEMS (PROPOSED CONSENT AGENDA)
C.1. Approval of Amendment No. 3 to the Facilities Lease With Sinclair General Engineering Construction, Inc. for the La Loma Junior High School and Tuolumne Elementary School Parking and Streetscape Improvements Project
Rationale:

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

California Education Code section 17406 permits the governing board of a school district to lease property to a developer, who constructs tenant improvements to the property and leases back the completed improvements to the district.  The lease terminates after payments are completed. 

In accordance with the section 17406, on May 10, 2021, the Board adopted Resolution No. 20/21-32, supporting the award of the Site Lease and Facilities Lease for the La Loma Junior High School and Tuolumne Elementary School Parking and Streetscape Improvements Project (“Project”) to Sinclair General Engineering Construction, Inc. (“Sinclair”) under the District’s Best Value Methodology.  The Facilities Lease provided that Sinclair would perform preconstruction services to develop a Guaranteed Maximum Price (“GMP”) and Construction Schedule for each increment of the Project.  Sinclair and the District have agreed to bid the trade contracts in two distinct increments, each with an associated bid package (“Bid Package”), as follows:

Bid Package #1:  Parking and streetscape improvements at La Loma Junior High School.

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

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

On June 21, 2021, the Board approved Amendment No. 2 to the Facilities Lease establishing a GMP in the amount of $5,210,000 for Bid Packages #1 and #2.

The timeline to receive material supplies to complete the metal fencing at La Loma is not allowing the project to be completed by January 9, 2022.

The Amendment modifies the terms, such as Completion Date and Construction Schedule.  To account for those changes, the Amendment modifies the Facilities Lease, including Exhibits F of the Facilities Lease.

Copies of the Site Lease, the Facilities Lease, and Amendment Nos. 1-3 to the Facilities Lease for this project are available for review in the Planning and Facilities Office.

Staff proposes the approval of Amendment No. 3 to the Facilities Lease with Sinclair for the La Loma Junior High School and Tuolumne Elementary School Parking and Streetscape Improvements. 

 
Financial Impact:

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

Recommended Motion:

It is recommended that the Board of Education approve Amendment No. 3 to the Facilities Lease with Sinclair General Engineering Construction, Inc. for the La Loma Junior High School and Tuolumne Elementary School Parking and Streetscape Improvements Project.

C.2. Approval of Authorization to Award Bid No. 21-4755, for Modesto High Agriculture Modifications
Rationale:

On March 29, 2021, the Board of Education approved authorization to seek bids for Modesto High Agriculture Modifications.

A mandatory job walk was held on November 4, 2021, for Bid No. 21-4755; twenty-one (21) individuals signing in with nine (9) companies submitting proposals.

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

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

Bid No. 21-4755, for Modesto High Agriculture Modifications was opened on November 18, 2021, at 1:30 p.m., with the following results:

Contractor Base Bid Alt #1      Total

Harris Builders, Inc $2,757,400 $42,560     $2,799,960
Marko Construction, Inc. $2,820,890 $96.556     $2,917,446
TBS Contractors $2,892,774 $91,786     $2,984,560
Menghetti Construction, Inc. $2,908,000 $43,000     $2,951,000
JPB Designs, Inc. $2,937,000 $60,000     $2,997,000
CT Brayton & Sons, Inc. $3,047,000 $76,000     $3,123,000
Diede Construction, Inc. $3,183,000 $44,000     $3,227,000
Simile Construction Service, Inc. $3,205,155 $89,896     $3,295,051
Bobo Construction, Inc. $3,630,000 $45,000     $3,675,000

 
Financial Impact:
The probable cost of the project is estimated at $3,755,000. Funding for this project will come from Career Technical Education (CTE) Facilities Program Grant, High School Facility Improvement, High School Redevelopment and High School Developer Fees funding.
Recommended Motion:
It is recommended that the Board of Education approve authorization to award Bid No. 21-4755, for Modesto High Agriculture Modifications to Harris Builders, Inc., in the amount of $2,757,400. 

C.3. Approval of Authorization to Award Bid #21-4760 Paper Supplies to Kelly Spicers and Quill LLC
Rationale:

The Reprographics Department has the need to purchase paper supplies during the course of the year.

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

Competitive bids must be sought or identified to meet formal bid requirements per Public Contract Code Section 20111(a).

Bid #21-4760 was released on October 6, 2021, advertised in the Modesto Bee and posted online. Bid documents were viewed by seven (7) vendors. The bid was opened on October 26, 2021 at 3:00 p.m. and four (4) responses were received. The bid award is for a one-year period, with a contract extension for up to two (2) additional one-year periods allowing for future District purchases of the same items.  Amounts to be awarded to each vendor are as follows:

           Vendor                                   Award Amount
           Kelly Spicers                          $115,000
           Quill LLC                                $    6,500

Benefits of the bid include expedited procurement, volume purchasing discounts, and contractual agreement.

 
Financial Impact:

The approximate annual expenditures for paper for the Reprographics Department is estimated at $121,500 and will come from the General Fund.

Recommended Motion:

It is recommended that the Board of Education approve authorization to award Bid #21-4760 Paper Supplies to Kelly Spicers and Quill LLC.

C.4. Approval of Authorization to Utilize Centralia School District’s Master Agreement for the Purchase and Installation of DSA Approved Portable Buildings (CEPU #N15-2017/18)
Rationale:

As part of approved construction projects for new cafeterias at various elementary schools in the District, MCS needs to purchase DSA approved portable buildings. Currently, there is a need to purchase modular buildings for placement at Fairview and Shackelford Elementary Schools. 

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 these buildings exceeds the current bid threshold and competitive bids must be sought or identified to meet formal bid requirements per Public Contract Code Section 20111(a).

Centralia School District awarded a public bid unit price master contract for the purchase and installation of DSA approved portable buildings (CEPU, #N15-2017/18).  The contract was originally awarded on October 11, 2017 and has been renewed through October 10, 2022. 

The bid 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.

Upon review, it is staff’s determination that the District would derive more benefit by utilizing this cooperative bid unit price master contract for the purchase and installation of DSA approved portable buildings rather than seeking separate bids.

 
Financial Impact:

The total estimated cost for this purchase is approximately $6,300,000 and will be paid for from Elementary General Obligation Bond Measures D and E.

Recommended Motion:

It is recommended that the Board of Education approve authorization to utilize Centralia School District’s Master Agreement for the Purchase and Installation of DSA Approved Portable Buildings (CEPU #N15-2017/18)

C.5. Approval of Resolution No. 21/22-13 to Accept Agreement for Termination of Leases and Quit Claim Deed for Davis 900 Wing Addition and Transportation Renovation Project and Authorization for Staff to Execute Final Documents
Rationale:

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

In accordance with the California Education Code section 17406, on September 8, 2020, the Board adopted Resolution No. 20/21-07, supporting the award of the Site Lease and Facilities Lease for the Project to Robert E. Boyer Construction, Inc. (“Boyer”) under the District’s Best Value Methodology.  The Facilities Lease provided that Boyer would perform preconstruction services to develop a Guaranteed Maximum Price (“GMP”) and Construction Schedule for each increment of the Project.  Boyer 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 modular 900s wing classroom building construction at Grace M. Davis High School because of an increase in the student population and

Bid Package #2:  Shop and site renovations at the Transportation Department.

On November 11, 2020, the Board approved Amendment No. 1 to the Facilities Lease establishing a GMP in the amount of $3,400,000 for Bid Packages #1 and #2.

On September 13, 2021, the Board of Education approved to accept deductive Change Order No. 1 in the amount of $221,322.52 and completion of the Lease/Leaseback Agreement with Robert E. Boyer Construction, Inc., Resolution No. 20/21-07 Grace M. Davis High School 900 Wing Addition and Transportation Department Shop and Site Renovations Project, in the amount of $3,178,677.48.

The final lease payment will be delivered to Robert E. Boyer Construction, Inc. on or about December 14, 2021.

With the completion of all financial obligations except the final lease payment related to this project, the Facilities Lease and Site Lease for this project need to be terminated and the property quit claimed from Robert E. Boyer Construction, Inc. to the District.

The Board is requested to approve the agreement for termination of leases and quit claim deed for this project and authorize the Superintendent or designee to execute the documents.

 
Financial Impact:

There is no cost for the execution of the final documents.

Recommended Motion:

It is recommended that the Board of Education approve Resolution No. 21/22-13 to accept agreement for termination of leases and quit claim deed with Robert E. Boyer Construction, Inc. for Grace M. Davis High School 900 Wing Addition and Transportation Department Shop and Site Renovations Project and authorization for staff to execute final documents.

Attachments:
Resolution 21/22-13 - Accept Termination Agreement for Davis & Transportation LLB
C.6. Approval of Resolution 21/22-15 Affirming Existing Trustee Area Boundaries Following Receipts of the 2020 Census Data
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.

In 2017, the District converted from an at-large to a by-trustee area voting system as reflected in Board Resolution No. 16/17-23 Establishing Trustee Areas and Board Bylaw 9220.

The Board of Education is composed of seven members, each of whom resides in a defined trustee area and is elected only by voters within that trustee area. 
 
In 2017, the Board of Education established trustee areas in compliance with the “one person, one vote” rule by ensuring that each trustee area contains approximately the same number of inhabitants. 
 
Education Code section 5019.5 requires the District to review its trustee areas following the decennial federal census prior to March 2022. 
 
Following the release of the 2020 census data in 2021, the District contracted with Davis Demographics (“Demographer”), a demographic consulting firm experienced in districting issues and requirements, to review trustee areas.
 
At the November 29, 2021, regular Board meeting, the Board of Education received the results of the review and received guidance and advice from Demographer and its legal counsel regarding the current demographic population in the territory of the Board’s jurisdiction, based on the official 2020 census results.

 
Recommended Motion:
It is recommended that the Board of Education approve Resolution 21/22-15 Affirming Existing Trustee Area Boundaries Following Receipts of the 2020 Census Data.
Attachments:
Trustee Area Resolution 21/22-15
C.7. Ratification of Purchase Orders and VISA Payments for the Month of November 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.

 
Recommended Motion:
It is recommended that the Board of Education ratify the purchase orders and VISA payments for the month of November 2021.
C.8. Ratification of Warrants Drawn for the Month of November 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 November 2021.
D. CURRICULUM AND INSTRUCTION ITEMS (PROPOSED CONSENT AGENDA)
D.1. Approval of New Junior High School Course Outlines: Project Lead the Way
Rationale:

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

New Course:

Project Lead the Way 1
Project Lead the Way 2

 
Recommended Motion:
It is recommended that the Board of Education approve the new junior high school course outlines: Project Lead the Way. 
D.2. Approval of Amendment of Modesto City Schools SELPA Services Agreement for 2021-2022: Maxim Healthcare Staffing Services, Inc.
Rationale:

The Special Education Department contracts with outside providers to serve our Special Education population. Services agreements for these providers are submitted throughout the year.

1.4: Develop a Multi-Tiered System of Support for all students.
1.6: Increase access to general education for students with disabilities.

Due to ongoing challenges of COVID 19 and vacancies in numerous provider categories, (including school psychologists, speech therapists, physical therapists and occupational therapists and healthcare professionals), Modesto City Schools SELPA will need to increase contract amounts previously Board approved for the 2021-2022 school year to continue to provide services/therapy to students.

The Services Agreement that is being increased is: Maxim Healthcare Staffing Services, Inc. Additional positions may be required in other provider categories throughout the year.

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

 
Financial Impact:
The fiscal impact of the contracts with all entities, including Maxim Healthcare Staffing Services, Inc. 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 amendment of the Modesto City Schools SELPA Services Agreements for the 2021-2022 school year with: Maxim Healthcare Staffing Services, Inc.

D.3. Approval of Educator Effectiveness Block Grant Expenditure Plan
Rationale:
A program providing funds to county offices of education, school districts, charter schools, and state special schools to provide professional learning and to promote educator equity, quality, and effectiveness.

Goal One: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.
Goal Two: Ensure all employees have access to high quality professional development.

As a condition of receiving funds for educator effectiveness, LEAs shall develop and adopt a plan for expenditure of funds, which requires the plan to be explained in a public meeting of the governing board of the school district before its adoption in a subsequent meeting. Funds may be expended for the purposes identified in Assembly Bill 130, Chapter 44, Section 22 and Assembly Bill 167, Chapter 252, Section 9. These expenditures may take place over fiscal year 2025–26. LEAs may use these allocated funds to provide professional learning for teachers, administrators, paraprofessionals who work with students, and classified staff that interact with students in order to promote educator equity, quality, and effectiveness.

Modesto City Schools’ staff has completed the requirements necessary to compose the Educator Effectiveness Block Grant Expenditure Plan and has presented it in a public hearing. Input was received and agreed-upon revisions have been made. The Educator Effectiveness Block Grant Expenditure Plan 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 Educator Effectiveness Block Grant Expenditure Plan.
Attachments:
Modesto City Schools EEBG 2021 Final Expenditure Plan
D.4. Approval of Recommended Changes to Cocurricular and Extracurricular Eligibility Policy
Rationale:
Temporary changes to the Modesto City Schools Information Handbook & Conduct Code have been recommended, effective through the first semester grading period of the 2022-23 school year. The rationale for these changes is to expand opportunities for 7-12 students to engage in extracurricular and cocurricular school activities with the support and supervision of District advisors, coaches, and support staff to further the educational and social development of students and enhance students’ feelings of connectedness with schools. The recommended revision of the cocurricular and extracurricular eligibility policy will be brought back to the Board to be reassessed prior to the conclusion of the 2022-23 first semester grading period.

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

Extracurricular activities include activities that are not associated with a class and activities in which students do not receive a grade.

Cocurricular activities are related to a class in which the student earns an academic grade.

Extracurricular activities are limited to:
1. After school recreation (7-8)
2. Student Clubs (9-12)
3. Special field trips not a part of regular classroom work (7-12)*
4. School dances (7-8)
5. School Assemblies (7-8)
6. Extra-curricular public performances of music, dance, drama, and speech (the loss of these privileges shall not apply to class activities to publicize and/or promote school activities and feeder schools which are conducted during the school day) (7-12)

* The principal/designee may make exceptions regarding academic and attendance ineligibility only, for special field trips not a part of regular classroom work (7-12). However, such field trips must be directly related to the educational program.

 
Recommended Motion:
It is recommended that the Board of Education approve the recommended changes to Cocurricular and Extracurricular Eligibility Policy.
Attachments:
Chart - Recommended Changes to Cocurricular-Extracurricular Eligibility Policy
D.5. Approval of Resolution No. 21/22-14 Authorizing the Renewal of the California State Preschool Program Contract with the California Department of Education for Fiscal Year 2022-2023
Rationale:
The California State Preschool Program is funded by the California Department of Education (CDE), Early Learning and Care Division. Modesto City Schools, Early Childhood Education contracts with the CDE to provide subsidized preschool services for approximately 768 eligible children.

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

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

The California Department of Education requires a Board Resolution authorizing the renewal of the State Preschool Program contract for fiscal year 2022-2023, and therefore Resolution No. 21/22-14 will require Board approval. A copy of the continued funding application is available in the Early Childhood Education Office.
 
Financial Impact:
This contract will provide $4,868,722 to the Early Childhood Education Programs fund. 
Recommended Motion:
It is recommended that the Board of Education approve Resolution No. 21/22-14 authorizing the renewal of the California State Preschool Program contract with the California Department of Education for fiscal year 2022-2023.
D.6. Approval of Services Agreement Between Modesto City Schools and Full Circle Consulting Systems, Inc. for 2021-2022
Rationale:

Modesto City Schools, Early Childhood Education (ECE) serves approximately 1,200 children in Regional Head Start and State Preschool programs.  Modesto City Schools is seeking to contract with Full Circle Consulting Systems, Inc. to provide professional development opportunities to ECE instructional, support, and management staff. 

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

Modesto City Schools will contract with Full Circle Consulting Systems, Inc. to provide education and training for ECE staff.  The professional development series will be focused on behavior intervention and support, trauma responsive practices, communication, and culturally responsive practices.

A copy of the agreement can be reviewed in the Early Childhood Education office.

 
Financial Impact:
There will be no fiscal impact on the General fund.  Head Start, General Child Care, and California State Preschool contracts will be used to fund the cost of the agreement with Full Circle Consulting Systems, Inc.  Said agreement will not exceed $25,500 for 2021-2022. 
Recommended Motion:
It is recommended that the Board of Education approve the Services Agreement between Modesto City Schools and Full Circle Consulting Systems, Inc. for 2021-2022.
D.7. Approval of Services Agreement with California Education Partners for the On Track Collaboration
Rationale:

The focus of the On Track Collaboration is on 8th and 9th grade students.  The work is designed to mitigate the disruption that occurs for students as they transition from junior high school to high school, create processes to support A-G course placement and success for 9th grade students, introduce grading practices that create more equitable outcomes for all students and establish systemic interventions to help students stay on track for college success.  The On Track Collaboration is a three year commitment commencing in the Summer of 2022 and concluding in the Spring of 2025.

Goal 1:    Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.
Goal 1.2:  Increase students being identified as "prepared" in the college/career indicators.
Goal 1.4:  Develop a Multi-Tiered System of Support for all students.

 
Financial Impact:
The fiscal impact of the services agreement will not exceed $270,000, $90,000 per year for the three year agreement.  The funding sources have been identified as Title I and EEBG funds.
Recommended Motion:

It is recommended that the Board of Education approve the services agreement with California Education Partners for the On Track Collaboration.

E. HUMAN RESOURCES ITEMS (PROPOSED CONSENT AGENDA)
E.1. Approval of Designated Personnel Action Items:
Rationale:
The following designated personnel action items are attached for approval by the Board of Education:
 
Recommended Motion:
It is recommended that the Board of Education approve the attached designated personnel action items.
Attachments:
12-13-21 Personnel Action Line Items Report
E.1.1. Approval of Certificated Personnel Terminations - 11 Items
E.1.2. Approval of Certificated Personnel Employment - 6 Items
E.1.3. Approval of Certificated Personnel Other Appointments - 46 Items
E.1.4. Approval of Certificated Personnel Stipend Appointments - 95 Items
E.1.5. Approval of Certificated Personnel Stipend Deletions - 3 Items
E.1.6. Approval of Certificated Personnel Substitute Appointments - 8 Items
E.1.7. Approval of Classified Personnel Terminations - 16 Items
E.1.8. Approval of Classified Personnel Leaves of Absence - 46 Items
E.1.9. Approval of Classified Personnel Employment - 38 Items
E.1.10. Approval of Classified Personnel Other Appointments - 14 Items
E.1.11. Approval of Classified Personnel Substitute Appointments - 24 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:

  • Melissa Neder, Vice Principal, K-6
 
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 Modesto City Schools’ 2022-23 Early Childhood Education Program School Calendar
Rationale:

On September 13, 2021, the Board of Education approved an instructional calendar for the 2022-23 school year. Approval at this meeting did not include the Early Childhood Education Program calendar.

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 has met with representatives from each of the bargaining units related to the Early Childhood Education Program school year calendars. The District and Modesto Teachers Association have reached agreement for the Early Childhood Education Program 2022-23 calendar. The California School Employees Association and its Chapter 007 agreed to the proposed Early Childhood Education Program 2022-23 calendar pending ratification by unit membership. It is necessary that the Board of Education take formal action to adopt the calendar.

It is proposed that the Board adopt the attached 2022-23 Early Childhood Education Program school calendar agreed upon between the District and the employee groups.

 
Recommended Motion:
It is recommended that the Board of Education approve the Modesto City Schools’ 2022-23 Early Childhood Education Program school calendar.
Attachments:
MOU 2022-23 ECE Calendar
E.4. Approval of Proposed Job Description: After School Education & Safety (ASES) Program Supervisor
Rationale:

The After School Education & Safety Program Supervisor position will be responsible for management and supervision of ASES programs and grants at multiple sites.  The position will monitor and assist with grant requirements, components and budgets for all sites.

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 proposed job description.
Attachments:
After School Education & Safety Program Supervisor Proposed Job Description
E.5. Approval of Proposed Job Description: Assistant Director, Legal Compliance & Investigations
Rationale:

The Assistant Director, Legal Compliance & Investigations position will be responsible for assisting with legal compliance functions for the District as it relates to Human Resources, including, but not limited to, conducting investigations and implementation of mandated trainings.

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 proposed job description.
Attachments:
Assistant Director, Legal Compliance & Investigations
E.6. Approval of Proposed Job Description: Director I, Legal Compliance & Investigations
Rationale:

The Director I, Legal Compliance & Investigations will be responsible for performing legal compliance functions for the District as it relates to Human Resources, including, but not limited to, conducting investigations, implementation of mandated trainings and coordination with District legal counsel to address legal matters as needed.

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 proposed job description.
Attachments:
Director I, Legal Compliance & Investigations Proposed Job Description
E.7. Public Notice to Approve Waiver Request of California Education Code 44252(b)and 44253.3 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 Alfred Roberts to be compliant with the Basic Skills Requirement, a waiver of California Education Code 44252(b) and a waiver of the requirement to provide instruction to Limited English Proficient (LEP) Students California Education Code 44253.3 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 4425 (b) and 44253.3 to submit waiver request to the California Commission on Teacher Credentialing.

Attachments:
12-13-21 Attach Waiver List - Ed Code 44252b 44253.3
E.8. Review of Proposed Draft Exhibits (E): E 4119.21/4219.21/4319.21 (2), Code of Ethics Classified Employees and E 4119.21/4219.21/4319.21 (3), California Professional Standards for Educational Leaders
Rationale:
Modesto City Schools’ ongoing effort is to ensure our Board Policies (BP), Administrative Regulations (AR), and Board Bylaws (BB) are up to date.

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

It was found that the following Exhibits needed to be revised or adopted: E 4119.21/ 4219.21/4319.21 (2), Code of Ethics Classified Employees and E 4119.21/4219.21/4319.21 (3), California Professional Standards for Educational Leaders. The exhibits are included for the Board’s review.
 
Recommended Motion:
It is recommended that the Board of Education review the proposed draft Exhibits (E): E 4119.21/4219.21/4319.21 (2), Code of Ethics Classified Employees and E 4119.21/4219.21/ 4319.21 (3) California Professional Standards for Educational Leaders.
Attachments:
Exhibit 4119.21/4219.21/4319.21 (2), Code of Ethics Classified Employees
Exhibit 4119.21/4219.21/4319.21 (3), California Professional Standards for Educational Leaders
F. MISCELLANEOUS ITEMS: (PROPOSED CONSENT AGENDA)
F.1. Approval of Designated Student Expulsions: None
F.2. Approval of Minutes for the November 29, 2021 Regular Meeting of the Board of Education
G. REPORTS AND COMMUNICATIONS:
G.1. Items to be Placed on Future Board of Education Agendas
H. ADJOURNMENT
Disability Information:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Superintendent's office, 209-574-1616. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting.

Published: December 10, 2021, 11:59 AM

The resubmit was successful.