banner

Board of Education Agenda 1473rd Regular Meeting
Modesto City Schools
March 07, 2022 6:00PM
Board of Education - Boardroom 425 Locust St

A. INITIAL MATTERS
Attachments:
3-7-22 Board Agenda - English
3-7-22 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:

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: 669 938 032#

Pursuant to Government Code section 54953, Trustee Cindy Marks will participate virtually from 1441 Quivira Road, San Diego, CA.

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: MH regarding employee organizations: Modesto Teacher's AssociationConfidential agenda item.
A.2.2. Student Expulsion, EL-12-2021-2022Confidential 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:
Fatima Renteria, 4th Grade, Martone Elementary School
John Molina, 5th Grade, Martone Elementary School
Rationale:


 
A.5. Superintendent's Welcome/Announcements
A.6. Board of Education Members Reports
A.7. Recognitions
Speaker:
Krista Noonan
A.7.1. Character Education: Kenyah Hibbitt, 10th Grade, Grace M. Davis High School, Initiative
Speaker:
Krista Noonan
Rationale:
Nominated by Teacher and Electronic Arts Gaming Club Advisor, Renaldo Rucker Jr., Kenyah has taken initiative with her own schooling experience at Davis High School. She currently is carrying straight A's, with her college prep course load, and is the president of a new student club. Kenyah is leading the newly formed Electronic Arts (EA) Gaming Club on campus. She leads with a humble and energetic spirit, which attracts more students to take advantage of this club. Every Monday and Friday, she leads and facilitates this space, which is always full. Kenyah consistently assists as a Teacher's Aide when all her work is done. She does all this while being a top scholar on campus and engaging in school spirit.
 
A.7.2. The Board of Education Recognizes our Employees Making a Difference Nominees as MCS Heroes. The Employees Making a Difference Program Honors Outstanding Classified Employees in Six Categories: Child Nutrition, Office and Technical, Para-Educator & Instructional Assistance, Support Services & Security, Transportation, and Maintenance and Operations
Speaker:
Krista Noonan
Rationale:

Karl Anderson (Campus Supervisor, Beyer High), Sandra Andrews (Staff Secretary II, Special Educations), Nichole Bingle (Campus Assistant K-6, Garrison Elementary), Alexis Bristow (Yard Duty Supervisor, La Loma Jr. High), Shaina Cole (Campus Assistant K-6, Everett Elementary), Deborah Davidson (Nutrition Services Assistant I, Davis High), Jacqueline DiSanto (Yard Duty Supervisor, Enslen Elementary), Alexandra Hancock (Instructional Technology Trainer, Instructional Technology Department), Margaret Harter (Instructional Paraprofessional SPED, Modesto High), Diane Heppner (Student Records Clerk K-6, Robertson Road Elementary), Amanda Hernandez-Maciel (Snack Bar Operator, Enochs High), Minerva Lopez (Administrative Assistant II, Downey High), Jamie Martinez (Maintenance Custodial Supervisor, La Loma Jr. High), Richard Nance (Paint Department Head, Maintenance and Operations), Faviola Olivera (Student Records Clerk K-6, Franklin Elementary), Fernando Orozco (High School Head Custodian, Gregori High), Cynthia Perez (Staff Secretary IV, Student Support Services), Alfonso Rodriguez (Head Custodian III, Sonoma Elementary), Margarita Rubio (Administrative Assistant I, Robertson Road Elementary), Marca Ruloph (Computer Technician, Martone Elementary), Adilene Rumbo Rivera (Student Records Clerk K-6, Kirschen Elementary), Rosa Solorio Cuevas (Instructional Paraprofessional SPED, Mark Twain Jr. High), David Stein (Campus Supervisor, Enochs High), Llolanda Stewart (High School Bookkeeper, Modesto High), Gene Taylor (Head Custodian III, El Vista Elementary), Alejandra Torres (Typist Clerk II/Translator, Robertson Road Elementary), Jose Valadez (Head Custodian III, Lakewood Elementary), Maria Villasenor Rodriguez (Yard Duty Supervisor, Shackelford Elementary), Jillian Walker (Instructional Paraprofessional SPED, Enochs High), Dawn Ward (Head Custodian III, Bret Harte Elementary)

 
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. (10 mins) Report on Increasing Student Voice
Speaker:
Laurie Hulin
Rationale:

Modesto City Schools recognizes that in order to meet the academic needs of students, provide equitable access to all students within the district, as well as create safe and welcoming learning environments, it is a best practice to include student input during the decision making process and share reflective feedback on established policies.  We refer to this as involving ‘student voice’.  Over the past year and a half we have established a Student Advisory Council and are working on refining the Interhigh Council in efforts to increase student voice in the District.

Senior Director, School Leadership, Laurie Hulin will provide an update on this work and what the plans are to continue to increase student voice in the future.

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.

 
Attachments:
PPT Report on Increasing Student Voice 3-7-22
B.4. (10 mins) Approval of First Reading of Proposed Draft of Board Policy (BP): BP 3515.21, Unmanned Aircraft Systems (Drones) and Review of Proposed Draft of Administrative Regulation (AR): AR 3515.21, Unmanned Aircraft Systems (Drones) and Exhibit (E): E 3515.21, Permit for Use of Drones Over District Property
Speaker:
Tim Zearley
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 Board Policy, Administrative Regulation and Exhibit needed to be revised or adopted: BP/AR 3515.21, Unmanned Aircraft Systems and E 3515.21, Permit for use of Drones Over District Property.

 
Recommended Motion:

It is recommended that the Board of Education approve the first reading of proposed draft of Board Policy (BP): BP 3515.21, Unmanned Aircraft Systems (Drones) and review proposed draft of Administrative Regulation (AR): AR 3515.21, Unmanned Aircraft Systems (Drones) and Exhibit (E): E 3515.21, Permit for Use of Drones Over District Property.

Attachments:
1 BP 3515.21 Unmanned Aircraft Systems (Drones) - Proposed Draft 1st Reading 3-7-22
2 AR 3515.21 Unmanned Aircraft Systems (Drones) - Proposed Draft 3-7-22
3 E 3515.21 Permit for Use of Drones Over District Property - Proposed Draft 3-7-22
B.5. (20 mins) Discussion on Naming of Schools/Facilities
Speaker:
Tim Zearley
Rationale:
A report will be provided for the naming of new school facilities, that have either been built, or are planning to be built, on many of our existing school sites. Per BP/AR 7310, The Board may grant to any person or entity the right to name any district building or facility. Within each school, the following facilities or grounds may be named for individuals: auditoriums, libraries, multi-purpose rooms, gymnasiums, stadiums, athletic fields or facilities, and cafeterias.
 
Attachments:
1 BP 7310 - Naming or Re-Naming of School Facilities
2 AR 7310 - Naming or Re-Naming of School Facilities
PPT Discussion on Naming or Re-Naming of Schools & Facilities
B.6. (10 mins) Approval of Resolution #21/22-23 Authorizing Reduction and/or Elimination of Classified and Classified Management Services for the 2022-23 School Year
Speaker:
Mike Henderson
Rationale:

Due to a lack of funds and/or work in categorical and District programs, the District finds it necessary to reduce the daily work hours and/or months of service of classified positions or eliminate positions in total.  This includes classified and classified management positions.

Goal 4.0: Ensure the District is fiscally and operationally sound.

The Classified Layoff Procedure for non-management classified positions requires that a committee representing both the District and California School Employees Association, Chapter 007, consider any recommendations to reduce hours. The Committee is to recommend action to be considered by the Superintendent, recommend denial of the District’s proposed action, or recommend an alternative action.  The Superintendent shall consider the Committee’s written recommendations, denial, or alternative action prior to taking any further action.

Representatives of the California School Employees Association and Modesto City Schools District representatives met February 15, 2022, to consider the District’s proposed action to involuntarily reduce the daily work hours and/or months of service of classified positions or eliminate positions of classified service. The representatives of the California School Employees Association voted against the layoff. The District representatives voted to proceed with the layoff.

 
Financial Impact:
The reclassification, reduction and/or elimination of the classified and classified management positions affected result in an approximate cost savings of $677,676 in unrestricted and $667,723 in restricted funds for a total costs savings of approximately $1,345,399.
Recommended Motion:
It is recommended that the Board of Education approve Resolution #21/22-23 authorizing reduction and/or elimination of classified and classified management services for the 2022-23 school year.
Attachments:
03-07-22 Resolution 21-22-23 class layoffs
B.7. (10 mins) Approval of Modesto City Schools’ and California School Employees Association’s Collective Bargaining Agreement for 2021-22
Speaker:
Mike Henderson
Rationale:

Negotiations between Modesto City Schools and the California School Employees Association (CSEA) have concluded and revisions to the Collective Bargaining Agreement for 2021-22 are attached to this report.

2.2: Ensure all staff has professional development in the area of building their capacities as professionals.
3.4: Improve customer service for students, families, staff, and community to support welcoming school environments.
4.0: Ensure the District is fiscally and operationally sound.
5.1: Create a District culture of valuing all employees to facilitate hiring and maximize
retention.

The Board of Education is asked to approve the revisions to the Collective Bargaining Agreement for 2021-2022. The tentative agreement is attached.

The California School Employees Association, Chapter 007, ratified the tentative agreement with revisions to the Modesto City Schools’ and California School Employees Association’s Collective Bargaining Agreement for 2021-22 on February 9, 2022. It is necessary for the Board of Education to take formal action to approve the tentative agreement.

 
Financial Impact:
Revisions to the 2021-22 Collective Bargaining Agreement with the California School Employees Association will result in a cost of $10,500,000 for the 2021-22 school year, $5,900,000 for 2022-23, and $6,000,000 for 2023-24.
Recommended Motion:
In accordance with Government Code Section 3547.5, and following consideration of certification that the costs incurred by the school district can be met during the agreement’s term, it is recommended that the Board of Education approve the Modesto City Schools’ and California School Employees Association’s Collective Bargaining Agreement for 2021-22.
Attachments:
CSEA Tentative Agreement 01-21-22
B.8. (5 mins) Approval of Vote for no More Than One Candidate for the CSBA Delegate Assembly for 2022
Speaker:
Dr. Sara Noguchi
Rationale:

The Delegate Assembly is the primary policy-making body of the California School Boards Association. Delegates adopt the association’s policy platform, take positions on other critical issues that may come before it, elect the officers and directors, and adopt bylaws changes. Delegates also serve as a two-way communications link between the board members in the region and the regional director, and play an important role in fostering collegiality within their region. There are normally only two Delegate Assembly meetings each year, one in early May just prior to the Legislative Action Conference and one preceding the CSBA Annual Conference in December.

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

The Board as a whole may vote for up to the number of vacancies in the region or subregion as indicated on the ballot. There is one vacancy in Subregion 8-C and two nominations were received. The Board must vote for no more than one candidate. The nominees are:  Ken Howenstine (Turlock USD) and incumbent Faye Lane (Ceres USD). The ballot also contains a provision for write-in candidates; their name and district must be clearly printed in the space provided. A biographical sketch for the candidates have been provided to the Board.

 
Recommended Motion:
It is recommended that the Board of Education approve a vote for no more than one candidate for the CSBA Delegate Assembly for 2022.
C. BUSINESS ITEMS (PROPOSED CONSENT AGENDA)
C.1. Approval of a Five-Year Extension of Existing Master Services Agreement for Enterprise Services with WAVEDIVISION HOLDINGS, LLC and Modesto City Schools for the 2022-27 Fiscal Years
Rationale:

The initial award to Wave Division Holdings, LLC was approved by the Board of Trustees on April 18, 2016, for a term of five (5) years, with the option to renew for two (2) additional five (5) year terms.  As stated by the May 9th contract agreement, the actual service start date was August 28, 2017. The Initial Service Term of the Original Order is scheduled to expire on June 30, 2022.

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.


IETS is seeking the approval of a renewed services agreement with WAVEDIVISION HOLDINGS, LLC and Modesto City Schools for the 2022-27 fiscal years. This continued use will provide 4 strands of single-mode dark fiber to all 34 schools sites and 5 satellite sites.

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

 
Financial Impact:
The total annual cost is not expected to exceed $344,000. We have applied for Emergency E-rate Funding (ERC) to offset these costs by 90%, with approval expected by the end of the year. With E-Rate reimbursement, the District's portion will be approximately $34,400 annually from the General Fund.
Recommended Motion:

It is recommended that the Board of Education approve of a five-year extension of existing Master Services Agreement for Enterprise Services with WAVEDIVISION HOLDINGS, LLC and Modesto City Schools for the 2022-27 Fiscal Years.

C.2. Approval of Authorization to Award Bid #22-4766 Football Helmets to Riddell/All American
Rationale:

Modesto City Schools needs to purchase replacement football helmets for the District’s seven comprehensive high schools.

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

The cost to purchase this equipment 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).

Formal bids were solicited for the purchase of new football helmets. Bid #22-4766 was released on February 2, 2022, advertised in the Modesto Bee and posted online. Bid documents were viewed/downloaded by seven (7) vendors. The bid was opened on February 22, 2022 at 3:00 p.m. and two (2) responses were received as follows:

Vendor Bid Amount
BSN Sports, LLC             $136,920
Riddell/All American        $106,350

The lowest responsive responsible bidder meeting specifications was Riddell/All American.

A contract will be awarded to Riddell/All American for one-year with the option to renew for two (2) additional one-year contracts.

 
Financial Impact:
The total estimated cost for this equipment is $106,350 to be funded by the General Fund.
Recommended Motion:

It is recommended that the Board of Education approve authorization to award Bid #22-4766 Football Helmets to Riddell/All American.

C.3. Approval of Authorization to Award RFP for Internet Access to Stanislaus County Office of Education (E-Rate 470# 220010604 FY22- ISP)
Rationale:

The universal service Schools and Libraries Program, commonly known as "E-rate," provides discounts of up to 90 percent to help eligible schools and libraries in the United States obtain affordable telecommunications and internet access. These Federal funds help reduce school districts' and libraries' costs for both their Internet Access, Wide Area Network,  and Internal Infrastructure (Switches, Cabling, Wireless Access Points). 
To leverage these federal E-rate funds, the IETS department posted an RFP both in the local newspaper (Modesto Bee) and on the Federal E-rate System (Form 470#220010604).

3.5 Improve operational efficiencies through the use of technology and improved network infrastructure. 
Goal Four: Ensure the District is fiscally and operationally sound.

IETS is seeking to award RFP#220010604 (Category 1 – Internet Access) to Stanislaus County Office of Education. The award will be for 20 Gbps internet services for a 3-year term.

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

 
Financial Impact:
The total annual cost is not expected to exceed $40,000. We have applied for E-rate Funding to offset these costs by 90%, with approval expected by the end of the year. With E-Rate reimbursement the District's portion will be approximately $4,000 annually from the General Fund. 
Recommended Motion:
It is recommended that the Board of Education approve authorization to award RFP for Internet Access to Stanislaus County Office of Education (E-Rate 470# 220010604 FY22- ISP) for the 2022-2025 Fiscal Years.
C.4. Approval of Authorization to Utilize Sourcewell Contract #091918-TMK Commercial Kitchen Equipment, with Related Supplies and Services with Chefs’ Toys, a division of TriMark Strategic
Rationale:

The Nutrition Services Department has the need to purchase refrigerated equipment for Beyer High School’s kitchen.

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

The cost to purchase this equipment exceeds the current bid threshold and competitive bids must be sought or identified to meet formal bid requirements per Public Contract Code Section 20111(a).

Sourcewell is a public agency that offers competitively bid cooperative, or “piggy-backable” contracts to government and education entities throughout the country.  These nationally leveraged contracts meet formal bid guidelines and allow for greater cost savings.

Sourcewell awarded contract #091918-TMK Commercial Kitchen Equipment, with Related Supplies and Services to TriMark Strategic. Chefs’ Toys is a division of TriMark Strategic and is authorized to sell the commercial kitchen equipment under this Sourcewell contract. The contract was awarded November 8, 2018 and is valid through November 8, 2022.

Upon review, it is staff’s determination that the District would derive more benefit by utilizing this cooperative bid contract for the purchase of the refrigerated equipment rather than seeking separate bids.
 
Financial Impact:

The total estimated cost for this equipment is approximately $117,000 to be funded by the Nutrition Services Department Cafeteria Fund.

Recommended Motion:

It is recommended that the Board of Education approve authorization to utilize Sourcewell Contract #091918-TMK Commercial Kitchen Equipment, with Related Supplies and Services with Chefs’ Toys, a division of TriMark Strategic

C.5. Approval of November & December 2021 Budget Adjustments
Rationale:

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

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

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

Budget adjustments which have been processed for the period between November 1, 2021 through December 31, 2021 are presented in the following reports. Explanations are provided for adjustments over $25,000 for revenue and expenditure groups by fund. This report reflects adjustments to the budget only, not a complete financial statement. Copies of the full report are available for review in the Budget Department.

 
Financial Impact:
The adjusted budget retains all State and Board designated reserves.
Recommended Motion:
It is recommended that the Board of Education approve the November and December revisions to the adopted 2021/22 budget.
Attachments:
November and December Budget Adjustments
C.6. Approval of Second Interim Financial Report for 2021/22 and Positive Financial Certification
Rationale:

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

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. PositiveThe District will be able to meet its financial obligations for the current and two subsequent fiscal years.
  2. QualifiedThe District may not meet its financial obligations for the current and two subsequent fiscal years.
  3. NegativeThe District will not be able to meet its financial obligations for the current and two subsequent fiscal years.

The Second Interim report, based on January 31 financial data, is due to the Stanislaus County Office of Education by March 15, 2022.  The report requires Board approval to be finalized.

 
Financial Impact:

The Second 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 two years.  A positive certification can be filed.

Recommended Motion:

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

Attachments:
21-22 Second Interim
21-22 Second Interim Report
C.7. Approval of Vended Meal Contracts for the 2022-2023 Fiscal Year
Rationale:

The Nutrition Services Center provides meals to various outside agencies, schools (both public and private) and District programs through annual contracts.  The Nutrition Services Center has the capacity to provide such meals through existing labor.  Each contract contains provisions that are unique to the needs of the school/program and covers all costs including department overhead.

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

All contracts must be renewed for the 2022-2023 fiscal year.

Three on-going contracts are proposed for renewal and are summarized below.  All are vended meal contracts. Prices vary based on the types of meals provided and different delivery and serving requirements.

Site

Price Per Meal

Early Childhood Education (breakfast)

$2.10

Early Childhood Education (lunch)

$3.40

Cal-Safe Program

$2.10 to $3.45 according to menu

Copies of the contracts are available for review in the Nutrition Services Center.
 
Financial Impact:

District costs are covered by the meal charges and State and Federal reimbursement rates.

Recommended Motion:

It is recommended that the Board of Education approve the vended meal contracts for the 2022-2023 fiscal year.

C.8. Approval to Accept Completion of Contract with Advanced Roofing, Bid No. 21-4754, for Re-roofing at Various Sites 2021, in the Amount of $1,147,022.70
Rationale:

On June 07, 2021, the Board of Education approved award of Bid No. 21-4754, for Re-roofing at Various Sites 2021, to Advanced Roofing in the amount of $1,221,032.

Throughout the course of the contract one (1) deductive change order was processed resulting in a decrease to the contract in the amount of $74,009.30.

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 Advanced Roofing. Bid No. 21-4754 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 $1,147,022.70, was funded from Restricted Routine Maintenance dollars and Facility Maintenance dollars. 

Recommended Motion:

It is recommended that the Board of Education approve to accept completion of the contract with, Advanced Roofing, Bid No. 21-4754, for re-roofing at various sites 2021 in the amount of $1,147,022.70.

C.9. Approval to Accept Completion of Contract with Sinclair General Engineering Construction, Inc., Bid No. 21-4748, for Paving and Slurry Package #1, Enochs High School and Rose Avenue Elementary School in the Amount of $1,499,839.59
Rationale:

On May 10, 2021, the Board of Education approved award of Bid No. 21-4748, for Paving and Slurry Package #1, Enochs High School and Rose Avenue Elementary School, to Sinclair General Engineering Construction, Inc. in the Amount of $1,538,000.

The contract included $180,000 in allowances and of that $141,839.59 was used. The remaining amount is returned to the District.

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 Sinclair General Engineering Construction, Inc., Bid No. 21-4748 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 $1,499,839.59, was funded from Facility Maintenance dollars.

Recommended Motion:

It is recommended that the Board of Education approve to accept completion of the contract with Sinclair General Engineering Construction, Inc., Bid No. 21-4748, for paving and slurry package #1, Enochs High School and Rose Avenue Elementary School in the amount of $1,499,839.59.

C.10. Ratification of Purchase Orders and VISA Payments for the Month of January 2022
Rationale:

Purchase orders and VISA payments are tracked each month.

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

Board Policy 3300 requires Board review of all individual purchase orders issued in excess of $1,000 and all purchase orders less than $1,000 by fund total.  All purchases are done in accordance with Board Policy, Education Code, Public Contract Code, and/or other applicable regulatory requirements.

Board of Education approval will allow the District to meet Board Policy 3300 requirements.  A copy of the report is available for review in the Purchasing Department.

 
Financial Impact:

Funds have been budgeted to cover all expenses for the month of January 2022.

Recommended Motion:
It is recommended that the Board of Education ratify the purchase orders and VISA payments for the month of January 2022.
C.11. Ratification of Warrants Drawn for the Month of January 2022
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.
 
Financial Impact:
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 January 2022.
D. CURRICULUM AND INSTRUCTION ITEMS (PROPOSED CONSENT AGENDA)
D.1. Approval of New High School Course Outlines: History of Rock and Roll
Quick Summary / Abstract:


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

 
Recommended Motion:
It is recommended that the Board of Education approve the new high school course outline: History of Rock and Roll
D.2. Approval of Agreement to Provide Vocational Training Services to the County of Stanislaus Inmates/Jail Alternatives Participants and Modesto City Schools’ Adult Career Technical Education (CTE) Students 2022-24
Rationale:

An agreement to provide vocational training services to County of Stanislaus inmates and jail alternatives participants was last approved by the Stanislaus County Board of Supervisors in December, 2018. Since that date, the County of Stanislaus has continued working in partnership with Modesto City Schools to provide welding training/instruction to in-custody inmates and work release participants. This instruction has provided an opportunity for participants to learn a marketable skill.

County of Stanislaus has updated the agreement to provide vocational training services to inmates/jail alternatives participants and Modesto City Schools’ Adult Career Technical Education (CTE) students.

A copy of the service agreement is available in the Educational Options office for review.

 
Financial Impact:
Modesto City Schools provides an instructor position and welding equipment to operate the program. The funding source has been identified as Supplemental and Concentration.
Recommended Motion:
It is recommended that the Board of Education approve the agreement to provide vocational training services to the County of Stanislaus inmates/jail alternatives participants and Modesto City Schools’ adult Career Technical Education (CTE) students.
D.3. Approval of Amendment of Modesto City Schools Services Agreement for 2021-2022 with Kango Transportation
Rationale:

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

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

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

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

The Service Agreement is being increased due to the high demand of transportation needed for students placed outside the Modesto City Schools attendance area.

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

 
Financial Impact:
The fiscal impact of the services agreement will not exceed $120,000. The funding source has been identified as Categorical – Title I funds.
Recommended Motion:
It is recommended that the Board of Education approve the amendment of  Modesto City Schools Services Agreement for 2021-2022 with Kango Transportation.
D.4. Approval of Second Reading of Proposed Draft of Board Policy (BP): BP 6112, School Day
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 Board Policy needed to be revised or adopted: BP 6112, School Day.
 
Recommended Motion:
It is recommended that the Board of Education approve the second reading of proposed draft of Board Policy (BP): BP 6112, School Day.
Attachments:
Second Reading - BP 6112 - School Day
D.5. Approval of Services Agreement with Scholar System, LLC for 2021-22
Rationale:

Being a culturally responsive, engaging and research-based organization, Scholar System specializes in training teachers on how to propel students into educational engagement and best practices in academic and social-emotional support.  They strive to understand the needs of individuals who grow up in the midst of adversity and provide tailored programming that addresses localized community needs.

Dr. Victor Rios, who was a keynote speaker at the last CSBA conference, will provide a one-hour professional keynote virtual presentation (and its recording) on April 20, 2022 to address Site Leadership Teams at their annual training.  He will also provide 200 copies of his guidebook, “From Risk to Promise:  A School Leader’s Guide to Professional Learning in Prosperity-Based Education,” and provide Modesto City Schools a license to use his curriculum for professional development for a three-year period, 2022-2025.

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

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

 
Financial Impact:
The Services Agreement dates of effect are March 8, 2022 through June 30, 2022 and not to exceed $31,700.  Funding source:  General Fund.
Recommended Motion:
It is recommended that the Board of Education approve the Services Agreement with Scholar System, LLC for 2021-22.
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:
03-07-22 Personnel Action Line Items Report
E.1.1. Approval of Certificated Personnel Terminations - 9 Items
E.1.2. Approval of Certificated Personnel Leaves of Absence - 36 Items
E.1.3. Approval of Certificated Personnel Employment - 11 Items
E.1.4. Approval of Certificated Personnel Other Appointments - 56 Items
E.1.5. Approval of Certificated Personnel Stipend Appointments - 50 Items
E.1.6. Approval of Certificated Personnel Stipend Deletions - 2 Items
E.1.7. Approval of Certificated Personnel Substitute Appointments - 53 Items
E.1.8. Approval of Classified Personnel Terminations - 29 Items
E.1.9. Approval of Classified Personnel Leaves of Absence - 84 Items
E.1.10. Approval of Classified Personnel Employment - 37 Items
E.1.11. Approval of Classified Personnel Other Appointments - 7 Items
E.1.12. Approval of Classified Personnel Substitute Appointments - 46 Items
E.2. Approval of Proposed Job Description: Digital Instructional Resources Coordinator (CIPD)
Rationale:

The Digital Instructional Resources Coordinator (CIPD) position will be responsible for evaluation, coordination and assisting with the implementation of digital instructional resources for certificated, classified and administrative employees.

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

 
Financial Impact:
The position will be paid from the Certificated Salary Schedule.
Recommended Motion:
It is recommended that the Board of Education approve the proposed job description.
Attachments:
Digital Instructional Resources Coordinator Proposed Job Description
E.3. Approval of Proposed Job Descriptions: Coordinator, Parent Engagement & Outreach and Director, Parent Engagement & Outreach
Rationale:

The Coordinator and Director, Parent Engagement & Outreach positions are responsible for the development and coordinator of community outreach efforts on behalf of Modesto City Schools.  The job descriptions are being proposed to align with the department change from Student, Parent & Community Support Services to Parent Engagement & Outreach.

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 Coordinator and Director, Parent Engagement & Outreach positions will be paid from the Management Salary Schedule.
Recommended Motion:
It is recommended that the Board of Education approve the proposed job descriptions.
Attachments:
Coordinator, Parent Engagement & Outreach Job Description
Director, Parent Engagement & Outreach Job Description
E.4. Approval of Resolution No. 21/22-22 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. 21/22-22 authorizing assignment of teachers outside of credentialed academic major or minor under the Licensing of Certificated Personnel Law for the 2020-21 school year.
Attachments:
21 22-22 Resolution - Teachers Credentialed Outside Major or Minor
E.5. Approval of Revised Job Description: Chief Communications Officer
Rationale:

The Chief Communications Officer position is responsible for planning, organizing, implementing and evaluating Modesto City Schools' annual communication plans.

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 Chief Communications Officer position will be paid on the Contracted Management Salary Schedule.
Recommended Motion:
It is recommended that the Board of Education approve the revised job description.
Attachments:
Chief Communications Officer Revised Job Description
F. MISCELLANEOUS ITEMS: (PROPOSED CONSENT AGENDA)
F.1. Approval of Designated Student Expulsions: One
F.1.1. Approval of Student Expulsion, EL-12-2021-2022
Quick Summary / Abstract:


Rationale:

The principal recommended that the designated student, EL-12-2021-2022, be expelled for violation of Education Code 48900 (a) (2).

48900 (a) (2) Willfully used force or violence upon another person, except in self-defense.

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

A stipulated expulsion agreement was reached between Modesto City Schools and the parent/guardian. A signed copy of the agreement is in the student's file in the Child Welfare and Attendance Office.

 
Recommended Motion:

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

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

F.2. Approval of Proclamation Declaring the Month of March 2022 as Music in our Schools Month
Rationale:

The Board of Education is issuing a proclamation stating that Music In Our Schools Month in March 2022 is an opportunity to support the purposes and practices of music education and encourages teachers, parents, students, and all citizens to participate. This is based on research that the study of music contributes to young people's development through heightened skills in listening, reading, self-expression, and creativity. 

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

 
Recommended Motion:
It is recommended that the Bard of Education approve the proclamation declaring March 2022 as Music in our Schools Month. 
Attachments:
Music In Our Schools Month Proclamation
F.3. Approval of Proclamation Declaring the Month of March 2022 as Youth Art Month
Rationale:
The Board of Education is issuing a proclamation stating Youth Art Month in March 2022 is an opportunity to support the purposes and practices of art education and encourages teachers, parents, students, and all citizens to participate. This is based on research that the study of art education teaches sensitivity to beauty, order and other expressive qualities, and gives students a deeper understanding of multi-cultural values and beliefs. 

Goal One: Increase academic achievement and ensure equitable access to enable all students to attain college and career readiness.
 
Recommended Motion:
It is recommended that the Board of Education approve the proclamation declaring March 2022 as Youth Art Month.
Attachments:
Youth Art Month Proclamation
F.4. Approval of Second Reading of Proposed Revision of Administrative Regulation (AR): AR 6145.1, Inter-High Student Council
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 Administrative Regulation needed to be revised or adopted:  AR 6145.1, Inter-High Student Council.
 
Recommended Motion:
It is recommended that the Board of Education approve the second reading of proposed revision of Administrative Regulation (AR): AR 6145.1, Inter-High Student Council.
Attachments:
AR 6145.1 Inter-High Student Council - Proposed Revision 2nd Reading 3-7-22
F.5. Approval of Minutes for the February 7, 2022 Regular Meeting of the Board of Education
G. REPORTS AND COMMUNICATIONS:
G.1. Report on Construction Projects Progress Payments
Financial Impact:

                                                            Previously Paid      Current Payment        Balance Due

 

Acme Construction

Wilson Cafe

Contract Price: $2,605,000                 $2,063,899.41           $90,476.58               $450,624.01

Certificate Nos: 13


Advanced Roofing

Re-roofing Various

Contract Price: $1,147,022.70              $752,759.74          $336,911.80            $57,351.16

Certificate No: 3


J.L. Bray & Son, Inc.

Johansen Fitness Ctr.

Contract Price: $4,877,000                   $1,580,957.54       $339,243.90            $2,956,798.56

Certificate No: 6


Harris Builders Inc.

Modesto High Agriculture Modifications

Contract Price: $2,799,960.00               ----------------            $146,334.20            $2,653,625.80

Certification No. 1


Modesto Executive Electric

Davis High Electrical Upgrades

Contract Price: $918,128.21                 $671,056.25          $96,182.95              $150,889.01

Certificate No: 6


Menghetti Construction

Lakewood Single Point Entry

Contract Price: $632,510                      $600,884               $31,626                    --------------

Certificate No: 7


Silver Creek Industries

Fairview Cafeteria

Contract Price: $3,166,895.49              $1,786,317.34       $576,951.36         $ 803,626.79

Certificate No. 3 & 4


Silver Creek Industries

Shackelford Cafeteria

Contract Price: $3,063,456.35              $787,848.48         $584,989.25          $ 1,690,618.62

Certificate No. 4


Sinclair General Engineering, Inc.

Construction, Inc.

Parking & Streetscape La Loma

Contract Price: $4,474,000                      $3,494,728.23      $109,263.17         $870,008.60

Certificate No: 5


Sinclair General Engineering, Inc.

Construction, Inc.

Tuolumne Streetscape

Contract Price: $736,000                        $513,671.93           $6,954.15              $215,373.92

Certificate No: 6


Sinclair General Engineering, Inc.  

Construction, Inc.

Repaving & Slurry Enochs & Rose Ave   $1,258,341.75       $146,130.28         $133,437.97

Contract Price: $1,538,000

Certificate No: 6

G.2. Report on Summary of Investment Portfolio as of December 31, 2021
Rationale:

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

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

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

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

The Stanislaus County Treasury yield rate (similar to interest rate) at December 31, 2021 has remained the same from the previous quarter and decreased 38 basis points over the last year.  The cash balance in the Stanislaus County Treasury has increased about $57.26 million over the balance for the previous quarter and increased about $77.10 million over the balance a year ago.  The increase in cash balance from the previous quarter is related to the receipt of Federal CARES/ESSER assistance funding, State Aid and property taxes.  The increase in cash balance from a year ago is related to the receipt of Federal CARES/ESSER assistance funding, State Aid, bond proceeds for the Elementary General Obligation Bond Measures D and E, Series B for construction projects and additional property taxes.

 
Financial Impact:

The District’s investments as of December 31, 2021 are shown on the attached report and are in compliance with the Board’s investment policy and all Government Code requirements.  The District’s investment advisor, Public Financial Management, provides the market value of individual securities.  LAIF, CAMP and the County Treasury provide market value information for those funds.

Attachments:
Investment Report - December 31, 2021
G.3. 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: March 4, 2022, 12:03 PM

The resubmit was successful.