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Board of Education Agenda 1471st Regular Meeting
Modesto City Schools
January 18, 2022 6:00PM
Board of Education - Board Room 425 Locust St

A. INITIAL MATTERS
Attachments:
1-18-22 Board Agenda - English
1-18-22 Board Agenda - Spanish
A.1. Call to Order - 5:30 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:

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

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 above. The Board assumes no liability for any health risks to members of the public who attend the Board meeting in-person.

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: 830 287 380#

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.3. Moment of Silence - 6:00 p.m.
A.4. Pledge of Allegiance
Speaker:
Board President
A.5. Superintendent's Welcome/Announcements
A.6. Board of Education Members Reports
A.7. Recognitions
Speaker:
Krista Noonan
A.7.1. Update on Modesto City Schools' 150th Anniversary Activities for the 2021-2022 School Year
Speaker:
Krista Noonan
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:

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

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 above. The Board assumes no liability for any health risks to members of the public who attend the Board meeting in-person.

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. Report on Sustainability Initiatives and Approval of Purchase of Thirty (30) Electric School Buses
Speaker:
Tim Zearley
Rationale:

The Modesto City Schools Transportation Department desires to purchase thirty (30) new electric school buses to replace existing diesel buses, utilizing vouchers from the California Hybrid  Zero-Emission Truck and Bus Voucher Incentive Project (HVIP).  There is an Approximate 10 month wait for the delivery of new buses and the vouchers expire on 2/1/22.

Goal 3.4 – Improve customer service for students, families, staff, and community to support welcoming school environments.

On November 11, 2021, the Waterford Unified School District Governing Board approved extending a Public Bid Award (Waterford USD Bid No: 01/22) to A-Z Bus sales for school buses meeting the same specifications Modesto City Schools requires.  Waterford USD’s bid contains cooperative purchase language that allows other districts to purchase from this bid, as required by provisions 20118 and 20656 of the Public Contract Code.  Based on past practice and analysis, it has been determined that the District would derive a greater financial benefit by utilizing this cooperative bid contract than to seek separate bids for the purchase of thirty (30) electric school buses.

 
Financial Impact:
The net cost for thirty (30) electric school buses will be approximately $7,491,013 funded from General Fund.
Recommended Motion:
The Board of Education will be presented with a report on Sustainability Initiatives and it is recommended that the Board of Education approve to purchase thirty (30) electric school buses. 
Attachments:
PPT Sustainability Initiatives
B.4. Approval of Resolution No. 21/22-18 Authorizing Use of Remote Teleconferencing Provisions (AB 361)
Speaker:
Dr. Sara Noguchi
Rationale:

Education Code sections 35161 and 17604 permits the Board of Education to delegate the District's Superintendent authority to take all appropriate action to respond to the coronavirus (COVID-19) pandemic as defined in the Resolution.

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 Resolution will ask for approval from the Board to delegate the authority to the Board President and the Superintendent to determine whether given the state of emergency, holding in-person meetings would present imminent risks to the health and safety of attendees.

 
Financial Impact:
No financial impact to the District.
Recommended Motion:
It is recommended that the Board of Education approve of Resolution No. 21/22-18 Authorizing Use of Remote Teleconferencing Provisions (AB 361).
Attachments:
Resolution 21/22-18 Authorizing Use of Remote Teleconferencing Provisions (AB 361)
C. BUSINESS ITEMS (PROPOSED CONSENT AGENDA)
C.1. Approval of the 2022-2023 Budget Development Calendar
Rationale:
Modesto City Schools adopts a final budget by July 1st each year.  Countless hours of administrative and support staff time go into the preparation of the budget.  The budgeting process must begin at least a full six months prior to the date of adoption and involves both central administration and site staff.

With the requirements of the Local Control Funding Formula (LCFF) and the Local Control Accountability Plan (LCAP), it is necessary to begin the budget development process in January to meet deadlines set by the State Board of Education.  The 2022-23 Budget Calendar incorporates known dates for those LCAP and LCFF requirements.

To coordinate and communicate the events of the process, a budget calendar is established to list the specific activities or actions, the person, department or agency responsible, and the target due dates.  The attached budget calendar includes critical events such as initial enrollment and staff projections; statutory deadlines for staff reductions; revenue projections; detail steps for budget development; and budget adoption by the Board of Education.
 
Recommended Motion:
It is recommended that the Board of Education approve the 2022-23 Budget Calendar.
Attachments:
22-23 Budget Development Calendar
C.2. Approval of Amendment No. 1 to the Facilities Lease with J.L. Bray and Son, Inc. for the Tuolumne Elementary School New STEAM Building 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 October 18, 2021, the Board adopted Resolution No. 21/22-08, supporting the award of the Site Lease and Facilities Lease for the Tuolumne Elementary School New STEAM Building Project (“Project”) to J.L. Bray and Son, Inc. (“Bray”) under the District’s Best Value Methodology.  The Facilities Lease provided that Bray would perform preconstruction services to develop a Guaranteed Maximum Price (“GMP”) and Construction Schedule for the Project. 

Following Bray’s preconstruction services, District staff and consultants have negotiated a GMP in the amount of $4,600,000 for the project.

This Amendment provides that Bray will construct the Project in accordance with the Facilities Lease for the GMP and establishes the Construction Schedule for the Project. This Amendment also modifies the terms, such as Completion Date, Schedule of Values, or any negotiated terms.  To account for those changes, the Amendment modifies the Facilities Lease, including Exhibits C, F, and G of the Facilities Lease, and the accompanying Contract Documents to the Facilities Lease.

Copies of the Site Lease, the Facilities Lease and Amendment No. 1 to the Facilities Lease for this project are available for review in the Planning and Facilities office.

Staff proposes the approval of Amendment No. 1 to the Facilities Lease with Bray for the Tuolumne Elementary School New STEAM Building Project. 

 
Financial Impact:

The probable cost of the entire project is estimated at $6,726,000.  The project will be funded from Elementary General Obligation Bonds Measures E.

Recommended Motion:

It is recommended that the Board of Education approve Amendment No. 1 to the Facilities Lease with J.L. Bray and Son, Inc. for the Tuolumne Elementary School New STEAM Building Project.

C.3. Approval of Amendment No. 4 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 as a result 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.

On October 18, 2021, the Board approved Amendment No. 3 to the Facilities Lease extending the construction completion date to January 31, 2022.

Because of delays in the delivery of walk-in refrigerator and freezer at Wilson Elementary School, the construction completion date needs to be extended to June 30, 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.

Copies of the Site Lease, the Facilities Lease and the amendments 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. 4 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. 4 to the Facilities Lease for the Bret Harte 50s Wing Fire Reconstruction and Wilson Cafeteria Construction Project.

C.4. Approval of Resolution 21/22-17 Public Entity Resolution for Union Bank
Rationale:

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

On September 13, 2021, the Board approved the use of Keenan & Associates for property and casualty claims administration services.  The services can be more efficiently performed with the creation of a trust account.  Keenan & Associates will pay necessary claims expense from the trust account.  The District will replenish the trust account monthly or as needed.

Keenan & Associates uses Union Bank for their client trust accounts.  Union Bank requires the Board to approve a Resolution which resolves that the Associate Superintendent, Business Services is authorized by the Governing Board under California Government Code 53649 to enter into any contract with Union Bank, N.A. relating to any deposit, which in his or her judgment is to the public advantage. Contracting requirements could include:

  • Establish bank accounts and services.
  • Sign, or change in writing, agreements with the Bank regarding the Public Entity's bank deposit relationship.
  • Specify in writing to the Bank the individuals who are authorized in the name of and on behalf of the Public Entity to:
    • Withdraw funds from any of the Public Entity's banking accounts on the Public Entity's checks or orders.
    • Endorse and deliver to the Bank, for any purposes, and in any amount, negotiable or non-negotiable items of any kind, and owned by, or held by, or payable to the Public Entity.
    • Send, review, and/or authorize wire and electronic transfers of funds from the Public Entity accounts. Such authority may be exercised by such authorized individual acting alone, regardless of any multiple signature requirements otherwise applicable to the accounts.
    • Otherwise access the Public Entity's deposit accounts.

Staff is requesting the Board to approve the resolution.

 
Financial Impact:

The District will need to deposit $150,000 into the trust account at Union Bank once it is established.  As claim expenses are incurred, the District will need to replenish the account.  This will be funded out of the Self-Insurance Property and Liability fund.

Recommended Motion:

It is recommended that the Board of Education approve the Resolution No. 21/22-17 – Public Entity Resolution for Union Bank.

C.5. Approval of Services Agreement with California Property Record Systems
Rationale:

The California Department of Education requires that a physical inventory of equipment be performed, and the results reconciled with the property records, at least once every two years.

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

The District must hire a qualified firm to conduct the physical inventory of equipment and reconcile the asset inventory records.

District staff has selected California Property Record Systems (CPRS) to conduct the District-wide fixed asset audit at a cost of $46,400. CPRS staff is specially trained and has experience working with the District to perform the required services.

A copy of the Services Agreement is available for review in the Purchasing Department.

 
Financial Impact:

The total cost of $46,400 is budgeted within the General Fund. 

Recommended Motion:

It is recommended that the Board of Education approve the Services Agreement with California Property Record Systems.

C.6. Approval to Accept Completion of Contract with Menghetti Construction, Inc., Bid No. 21-4753, for Lakewood Elementary School Single Point of Entry, in the Amount of $632,510
Rationale:
On June 21, 2021, the Board of Education approved award of Bid No. 21-4753, for Lakewood Elementary School Single Point of Entry, to Menghetti Construction, Inc. in the amount of $607,000.

Throughout the course of the contract there was one (1) change order in the amount of $25,510.

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 Menghetti Construction, Inc. Bid No. 21-4753, 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 $632,510, was funded from Elementary General Obligation Bonds.
Recommended Motion:
It is recommended that the Board of Education approve to accept completion of the contract with, Menghetti Construction, Inc., Bid No. 21-4753, for Lakewood Elementary School Single Point of Entry, in the amount of $632,510. 
C.7. Approval to Increase the Contract amount with Prichard Safety & Health through June 30, 2022
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.

With the Retirement of the Director I of Risk Management, Prichard Safety and Health was contracted to provide management expertise and experience during the transition to SIA and the replacement of the Risk Manager.  It is essential that we keep Prichard Safety and Health until the end of this year, through June 30, 2022, in lieu of the original contract agreement through December 31, 2021. 

 
Financial Impact:
The continued services with  Prichard Safety & Health is not to exceed $180,000 for the specific scope of service trough June 30, 2022, increasing the current contract $90,000. 
Recommended Motion:
It is recommended that the Board of Education approve to increase the Contract amount $90,000.00 with Prichard Safety & Health through June 30, 2022.
C.8. Approval to Increase the Contract amount with The Volator Group through June 30, 2022
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 Volator Group is specialized in transportation and has worked closely with the District in Transportation Department reorganization.  The need for the work will continue past December 31, 2021 through June 30, 2022.  Additional services will assist with Electric Bus proposal and other transportation support areas.

 
Financial Impact:
The continued services with The Volator Group is not to exceed $180,000 for the specific scope of service trough June 30, 2022, increasing the current contract $90,000. 
Recommended Motion:
It is recommended that the Board of Education approve to increase the Contract amount $90,000.00 with The Volator Group through June 30, 2022.
C.9. Ratification of Warrants Drawn for the Month of December 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 December 2021.
D. CURRICULUM AND INSTRUCTION ITEMS (PROPOSED CONSENT AGENDA)
D.1. Approval of Graduation Dates, May 2022, and the Identification of Board Member for Each Ceremony
Rationale:
Each year the Board of Education is asked to approve the May graduation schedule for the junior and senior high schools. The Board will also identify Board member(s) for each graduation ceremony.

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

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

The graduation schedule for the junior and senior high schools, May, 2022, is attached.
 
Recommended Motion:
It is recommended that the Board of Education approve the graduation dates, May 2022, and identification of Board Member for each ceremony.
Attachments:
2022 Graduation Schedule
D.2. Approval of New High School Course Outline: Science
Rationale:

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

New Course:

Introduction to Physical Science PAR

 
Recommended Motion:
It is recommended that the Board of Education approve the new high school course outline: Science.
D.3. Approval of Second Reading of Proposed Revision of Board Policy (BP): BP 6144, Controversial Issues
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 or adopted:  BP 6144, Controversial Issues.

 
Recommended Motion:
It is recommended that the Board of Education approve the second reading of proposed revision of Board Policy (BP):  BP 6144, Controversial Issues.
Attachments:
BP 6144 Controversial Issues
D.4. Approval of Amendment of Modesto City Schools SELPA Services Agreements for 2021-2022: Eaton Interpreting Services, Inc.; Soliant Health LLC; The Stepping Stones Group LLC; Sunbelt Staffing, LLC; Syntex Global, 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 Agreements that are being increased are: Eaton Interpreting Services, Inc.; Soliant Health LLC; The Stepping Stones Group LLC; Sunbelt Staffing, LLC; Syntex Global, 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 Eaton Interpreting Services, Inc.; Soliant Health, LLC; The Stepping Stones Group LLC; Sunbelt Staffing, LLC; Syntex Global, 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: Eaton Interpreting Services, Inc; Soliant Health LLC; The Stepping Stones Group LLC; Sunbelt Staffing, LLC; Syntex Global, Inc.
D.5. Approval of Athletic Schedules, Spring, 2021-2022
Rationale:

The Spring athletic schedules for 2021-2022 have been reviewed by the District Athletic Chairperson, Grades 9-12, 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 sub-section meets, section meets, and the state meets.  Athletes participating in these meets will make up any class work missed.  All COVID guidelines will be adhered to.

Spring 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, Spring, 2021-2022.
Attachments:
Athletic Spring Schedules 2021-22 Beyer, Davis, Downey, Enochs
Athletic Spring Schedules 2021-22 Gregori, Johansen, Modesto
D.6. Approval of Services Agreement with DHF&T Consulting
Rationale:

Dr. Debra Hendricks, retired superintendent of Sylvan Unified School District, has been providing individual executive coaching to Modesto City Schools' senior management this school year.  Based off of successful and dynamic supports, her work will be extended to include group work and add an additional department to the training for the remainder of the school year.

A copy of the Services Agreement is available for review in the Curriculum and Instruction/Professional Development office.

Goal 2.2:  Ensure all staff has professional development in the area of building their capacities as professionals.

 
Financial Impact:
The agreement dates are January 19, 2022 through June 30, 2022 and will not exceed $8,000.  The funding source is Title II.
Recommended Motion:
It is recommended that the Board of Education approve the Services Agreement with DHF&T Consulting.
D.7. Approval of Services Agreement with the NAACP Modesto/Stanislaus
Rationale:

The District proposes a contract with the NAACP Modesto/Stanislaus that will provide a tutoring and homework support program for first through eighth grade students.  The program will provide academic support as well as engage students in exercises and dialogue to foster self-esteem and positive learning practices.

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

A copy of this services agreement is available for review in the Modesto City Schools Student Support Services Office.

 
Financial Impact:
Effective dates of this service agreement are January 19, 2022 through June 30, 2022, not to exceed $79,480.  The funding source will be AB86 funds.
Recommended Motion:
It is recommended that the Board of Education approve the Services Agreement with the NAACP Modesto/Stanislaus.
D.8. Approval of the 2021-2022 Revised 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.

On June 21, 2021 and October 18, 2021, the Board approved the SPSA for all school sites. Schools received additional funding and had to revise their SPSA. The revised plans need Board approval.

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 revised 2021-2022 School Plans for Student Achievement.
D.9. Approval of the Issuance of the 2020-2021 School Accountability Report Cards (SARC) for Each of the Modesto City Schools
Rationale:

Since November 1988, state law has required that schools receiving state funding prepare and distribute a SARC. A similar requirement is also contained in the federal Elementary and Secondary Education Act (ESEA). The purpose of the report card is to provide parents and the community with important information about each school. A SARC can be an effective way for a school to report on its progress in achieving goals. The public may also use a SARC to evaluate and compare schools on a variety of indicators. Draft SARC documents are included for review.  Select data points were omitted as they are still pending CDE issuance.  SARC reports will be updated and re-published once received from the state.  

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

The Modesto City Schools Assessment and Evaluation Department recommends that the School Board approve the annual issuance of the 2020-2021 School Accountability Report Cards (SARC) as prescribed in Education Code 35256. School report cards must be updated annually and published by February 1.

 
Recommended Motion:
It is recommended that the Board of Education approve the issuance of the 2020- 2021 School Accountability Report Cards (SARC) for each of the Modesto City Schools
Attachments:
MCS School Accountability Report Cards
D.10. Ratification of Master Contract for Non-Public School/Non Public Agency Services for 2021-2022: Discovery Ranch South, Inc.
Rationale:
The Federal Individuals with Disabilities Education Act (IDEA) and state law provide that special education students may be served by a state-approved Non-Public School (NPS) or Non-Public Agency (NPA) only when appropriate public placement or service is not available within the Special Education Local Plan Area (SELPA).

1.6: Increase access to general education for students with disabilities

Modesto City Schools contracts with several NPS/NPAs to provide specialized educational services not available in District or County programs. A master contract is developed with each NPS/NPA which specifies the types of services authorized and the rates the District will pay for each service. When a student’s Individualized Education Program (IEP) team determines that NPS or NPA services are required, an Individual Services Agreement is then executed which specifies the services to be provided for that student pursuant to the IEP.

School Districts are also responsible for providing all Educationally Related Mental Health Services (ERMHS) for students with an IEP since AB3632 was eliminated by the Governor’s Line Item Veto in October, 2010. ERMHS are defined in the Individuals with Disabilities Education Act (IDEA) and include individual counseling, counseling and guidance, social work services, parent counseling, psychological services and residential services. Modesto City Schools has received funds to provide Educationally Related Mental Health Services to the students within our District.
.
While the Modesto City Schools SELPA provides a wide range of special education services or contracts with the Stanislaus County Office of Education for such services, there are students with severe educational needs who require placement with an NPS or NPA. This includes out-of-state placements that would require reimbursement for any and all treatment and room and board costs, as well as travel costs associated with student placement and family visits. In addition, there are a number of students within the District who require Educationally Related Mental Health Services. Master contracts with these providers are required.

Modesto City Schools proposes to contract with the following NPS/NPA provider for the 2021-2022 school year: Discovery Ranch South, Inc.

A copy of this master contract is available in the Modesto City Schools Special Education Office for review.
 
Financial Impact:
Special Education has budgeted $4,670,000 for NPA/NPS services for the 2021-2022 school year.
Recommended Motion:
It is recommended that the Board of Education approve the master contract for Non-Public School/Non-Public Agency services for 2021-2022: Discovery Ranch South, Inc.
D.11. Ratification of Modesto City Schools SELPA Services Agreements for 2021-2022: EdTheory, 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:

• EdTheory, LLC.

A copy of this services agreement is 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: EdTheory, LLC.
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:
01-18-22 Personnel Action Line Items Report
E.1.1. Approval of Certificated Personnel Terminations - 31 Items
E.1.2. Approval of Certificated Personnel Leaves of Absence - 64 Items
E.1.3. Approval of Certificated Personnel Employment - 2 Items
E.1.4. Approval of Certificated Personnel Other Appointments - 34 Items
E.1.5. Approval of Certificated Personnel Stipend Appointments - 46 Items
E.1.6. Approval of Certificated Personnel Substitute Appointments - 52 Items
E.1.7. Approval of Classified Personnel Terminations - 23 Items
E.1.8. Approval of Classified Personnel Leaves of Absence - 73 Items
E.1.9. Approval of Classified Personnel Employment - 37 Items
E.1.10. Approval of Classified Personnel Other Appointments - 6 Items
E.1.11. Approval of Classified Personnel Substitute Appointments - 42 Items
E.2. Approval of Proposed Job Description: Director II, Sustainability and Adaptation
Rationale:

The Director II, Sustainability and Adaptation position will be responsible for providing leadership and management responsibility in the areas of sustainability, funding sources, carbon footprint reduction, zero emission transportation funding, project management, grant writing, energy conservation, and adaptation to facility design, construction, and modernization of buildings within the District.

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 II, Sustainability and Adaptation Proposed Job Description
E.3. Approval of Proposed Job Description: Lead Analyst - Human Resources
Rationale:

The Lead Analyst - Human Resources will be responsible for performing a full range of analytical duties in the areas of classification, job analysis, compensation, recruitment, assessment and selection, employee development, and other human resources related projects and assignments. 

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 Classified Salary Schedule.
Recommended Motion:
It is recommended that the Board of Education approve the proposed job description.
Attachments:
Lead Analyst - Human Resources Proposed Job Description
E.4. Approval of Resolution No. 21/22-16 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. 21/22-16 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:
01-18-22 Attachment Resolution 21-22_16 Teachers Outside Credentialed Area
F. MISCELLANEOUS ITEMS: (PROPOSED CONSENT AGENDA)
F.1. Approval of Designated Student Expulsions: None
F.2. Approval of Minutes for the December 13, 2021 Regular Meeting of the Board of Education
G. REPORTS AND COMMUNICATIONS:
G.1. Items to be Placed on Future Board of Education Agendas
G.2. Report on Construction Projects Progress Payments
Financial Impact:


                           Previously Paid      Current Payment         Balance Due

Acme Construction Co., Inc
Fairview Café
Contract Price: $5,888,000                   -------------               $105,358.18              $5,782,641.82
Certificate No: 1

Advanced Roofing
Re-roofing Various
Contract Price: $1,221,032                   $258,087.29          $494,672.20               $468,272.51
Certificate No: 2

D&T Painting
Exterior Painting Various
Contract Price: $356,240.46                 $293,265                $62,975.46                   ----------
Certificate No: 2

J.L. Bray & Son, Inc.
Johansen Fitness Ctr.
Contract Price: $4,877,000                   $900,399.22            $415,776.97             $3,560,823.81
Certificate No: 4

Menghetti Construction
Lakewood Single Point Entry
Contract Price: $632,510                      $587,797                 $13,087                    $31,626
Certificate No: 6

Modesto Executive Electric
Davis High Electrical Upgrades
Contract Price: $894,000                       $443,056.25           $228,000            $222,943.75
Certificate No: 5

Pacific Contractors Group
Painting Muir & Fremont
Contract Price: $275,811.34                  $209,950                 $65,861.36             -----------
Certificate Nos: 3 & 4



Pro-Ex Construction
Painting El Vista & Sonoma
Contract Price: $332,019.60                  $315,418.62            $16,600.98              ----------
Certificate No: 3

Robert Boyer Construction
Davis High 900 Wing
Contract Price: $946,453.98                  $922,792.63            $23,661.35               ----------
Certificate No: Retention 

Robert Boyer Construction
Hanshaw Science Lab
Contract Price: $3,862,000                   $1,469,344.90         $724,778.91         $1,667,876.19       Certificate Nos: 5 & 6

Robert Boyer Construction
Transportation Renovations
Contract Price: $2,232,223.50                $2,176,417.92         $55,805.59           ----------
Certificate No: Retention 

Sinclair General Engineering 
Construction, Inc.
Tuolumne Streetscape
Contract Price: $736,000                          $415,003.46           $61,138.53          &nbs
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: January 14, 2022, 12:03 PM

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