(Education Code 35149, 48918(c), 72122) Administrative Hearing Officer: Carrie Albert, Director of Student Services

Initiation of litigation pursuant to subdivision (c) of section 54956.9: (Number of Cases: Two (2))

State Education Code 4429.21 grants School Boards the authority to not re-elect probationary employees for a subsequent year. The Board will review administrative recommendation.

(Education Code Section 54957(b)(1))

(Government Code 54957; Education Code 54957, 44951) 

Title:  Certificated Employees 

(Education Code 54957.6) District Negotiator: Debra M. Hendricks and Didi Peterson
Employee Organizations: All Groups

It is recommended the Board of Trustees approve the recommendations of the Administrative Hearing Panel in the matter of Student 2019/2020 - AH# 05.

The Board of Trustees to receive the Board Policy update packet for review before the first reading scheduled for the March 10, 2020, Regular Board Meeting, second reading scheduled for the March 31, 2020, Regular Board Meeting and the final adoption at the March 31, 2020 Regular Board Meeting. 

The Board of Trustees received a letter from the Stanislaus County Office of Education notifying the district that they have reviewed the First Interim Report for fiscal year 2019-20 and concur with the District's positive certification and appears we are able to meet our financial obligations for the current and two (2) subsequent fiscal years.

The State Allocation Board (SAB) adjusts statutory developer fees every even-numbered year.

In order to approve the increase in the Level One Developer fees:

1. Staff must present oral and/or written justification for the increase.
2. The public hearing is to be opened, conducted, and closed.
3. The Board or Trustees must adopt a resolution approving the increase.

The Board of Trustees will recognize the 2019-2020 Teacher of the Year nominees.

Per Board request, Ed Services staff will present information regarding Aeries gradebook and its implementation in middle school and elementary.

Staff will update the Board on current added mental health and behavior supports, progress and possible future supports. 

At the February 4, 2020, board meeting the board discussed adding an agenda item to the February 25, 2020, board meeting to discuss future dates for Board Retreats.  The Board of Trustees traditionally holds their Spring Retreat in May and the Fall Retreat in September.

Please note that on the consent agenda during this meeting staff is bringing forth revisions to the 2020 Board Meeting Schedule to remove the March 31, 2020 Budget Study Session and add a Special Board Meeting on December 15, 2020.

Assembly Bill (AB) 1353 was signed into law at the end of 2019.  AB 1353 limits the probationary period for classified employees to six (6) months, or 130 days of paid service, whichever is longer.  The purpose of this bill was to bring consistent measures between merit and non-merit systems in school districts.  Merit system school districts administer the hiring and retention of their classified employees through a personnel commission, not through the governing board and requires probationary periods not be longer than six (6) months.  Sylvan Union School District is not a merit district.  Non-merit districts have relied on Education Code and collective bargaining for the length of classified probationary periods. 

This new law eliminates the difference in probationary periods between merit and non-merit districts and sets the probationary period for all classified employees to six (6) months or 130 days of paid service.  This bill, when enacted into law, also provided a grace period for districts who, prior to January 1, 2020, entered into an agreement with their classified union that conflicts with the bill.  The new law would not apply to the school district until the expiration or renewal of the collective bargaining agreement.  Currently the collective bargaining agreement between Sylvan Union School District and California School Employees Association, Chapter 73 (CSEA) expires June 30, 2020. 

Districts will need to update both their board policies and administrative regulations as well as collective bargaining language which conflicts with the new probationary period. 

Staff will bring to a future board meeting updated and proposed board policy and administrative regulations. 

Education Code requires annual review by school boards of Board Policy 6145: Extracurricular and Co-Curricular Activities.

Please note that the Board of Trustees also conducts an annual review of BP/AR 5116.1 Intradistrict Open Enrollment and BP/AR 5117 Interdistrict Attendance at the same time the review BP 6145 Extracurricular and Co-Curricular Activities.  Both policies (5116.1 and 5117) are part of the CSBA December 2019 Update packet, therefore the Board of Trustees and staff will review these policies during the scheduled first reading, second reading, and adoption.

During this time staff will present the Board of Trustees with a safety and facilities update as needed.

Resolution 2019/2020 - #20 School Health Services recognizes Jamie Agbayani, Lily Barajas, Sara Bradley, Richard Dixon, Cindy Ludwig, Deanna Funkhouser, Marisol Manipol, Carla Medina, Julie Nabors, Tina O’Connor, Stephanie Salazar, Tracy Tabalon, Pat Torres, Claudia Vargas, Nora Validolid, and Vanessa Wells’ for their contributions in the Sylvan Union School District as the district's school nurses and health clerks.

It is recommended the Board of Trustees adopt Resolution 2019/2020 - #20, in recognition of the District's School Health Services and Nursing staff.

The District and California School Employees Association, Chapter 73 (CSEA) completed negotiations for the 2018-2019 school year on April 11, 2019. All issues were resolved through these negotiations and CSEA successfully ratified this agreement according to their required process.

Staff recommends approval of the Tentative Agreements provided with California School Employees Association, Chapter 73 (CSEA) for 2018-2019. 

The District and Sylvan Educators Association (SEA) completed negotiations for the 2018-2019 school year on March 18, 2019.  All issues were resolved through these negotiations and SEA successfully ratified this agreement according their required process.

Staff recommends approval of the Tentative Agreements provided with Sylvan Educators Association (SEA) for 2018-2019. 

It is recommended the Board of Trustees approve the revised Employment Agreement with Diolinda "Didi" Peterson, to serve as the District's Assistant Superintendent of Human Resources for the period commencing July 1, 2019, and ending June 30, 2020 that reflects a 3.26% salary increase.  It is also recommended the Board of Trustees approve the Employment Agreement for the period commencing July 1, 2020, and ending June 30, 2021.

It is recommended the Board of Trustees approve the revised Employment Agreement with Laura Granger, to serve as the District's Assistant Superintendent of Educational Services for the period commencing July 1, 2019, and ending June 30, 2020 that reflects a 3.26% salary increase.  It is also recommended the Board of Trustees approve the Employment Agreement for the period commencing July 1, 2020, and ending June 30, 2021.

It is recommended the Board of Trustees approve the revised Employment Agreement with Myra L. Aguilar, to serve as the District's Assistant Superintendent of Business Services for the period commencing July 1, 2019, and ending June 30, 2020 that reflects a 3.26% salary increase.  It is also recommended the Board of Trustees approve the Employment Agreement for the period commencing July 1, 2020, and ending June 30, 2021.

The California School Boards Association (CSBA) has notified the District there will be an election of representatives to CSBA's Delegate Assembly.  The ballot contains the name of several individuals nominated by member boards in this region (Subregion 8-C).  There is a total of one (1) vacancy for 2020.  Attached are the biographical sketches for the nominated individual.  This ballot must be submitted to CSBA on or before Monday, March 16, 2020.

The Board of Trustees may vote for no more than one (1) candidate: (*denotes incumbent)

-Faye Lane (Ceres USD)*

There is also a write-in candidate provision.

It is recommended the Board of Trustees vote in the 2020 CSBA Delegate Assembly Election for Subregion 8-C.

For the school year 2019-20, the Modesto City Schools SELPA and Stanislaus County SELPA have a Memorandum of Understanding (MOU) that provides services for Special Education students in Stanislaus County whom are Deaf and Hard of Hearing (DHH).  Sylvan Union School District (SUSD) residence students are currently enrolled in the Modesto CIty Schools' DHH Program at Lakewood Elementary School.  As a result of the this MOU,  the Modesto City School SELPA will be billing SUSD for the students that are receiving DHH services at Lakewood Elementary School.    

Staff recommends that the Board of Trustees approve the MOU between Modesto City Schools SELPA and Stanislaus County SELPA.  Approval of the MOU will allow SUSD to process payments received from Modesto City Schools' SELPA  for SUSD students whom receive DHH Services at Lakewood Elementary School. 

The MOU between Modesto CIty Schools' SELPA and Stanislaus County SELPA attached.

Cost to resource 6500 Special Education.  Monthly billing based on a Fee-For-Service rate structure.

In the current teacher shortage in the state, the Commission on Teacher Credentialing (CTC) has the authority to issue permits so that school districts can fill vacancies.  The Provisional Internship Permit gives the employer the ability to cover and fill assignments when a fully credentialed employee cannot be found.  This permit allows us to meet staffing needs.  This permit allows the individual holding the permit to complete their credential requirements while serving in the classroom.  For this request, the district will provide to the CTC specific employment criteria for the position as well as provided evidence of recruitment efforts to attempt to fill the special education vacancy. 

We request approval for a Provisional Internship Permit for Nathan Hollander for a special education teaching position for the 2019-2020 school year. 

Staff recommends approval of the Provisional Internship Permit for Nathan Hollander for a special education teaching position, in a Mild/Moderate Special Day Class at Ustach Middle School for grades 6-8 for the 2019-2020 school year.  This applicant will be employed on the basis of a Provisional Internship Permit for the 2019-2020 school year.
 

In January 2020, the State Allocation Board authorized an inflationary increase of fees from $3.79 per square foot to $4.08 per square foot for residential construction as long as the increase is justified.  In addition, any fee increased by a local agency is only effective after a 60-day waiting period.  Staff has determined that no significant adverse impacts on public health, welfare, and safety within the District can be demonstrated due to the increase, which would justify an emergency measure.    

Implementing laws for school facilities (Level One Developer) fees require that a stringent accounting procedure be developed. The District is complying with the on-going requirements in this area. Developer fees are used to fund school facilities and the District’s share of state projects.    

Staff has revised the School Facilities Fee Plan, which justifies the need for the fee increase.  A copy of the School Facilities Fee Plan is attached.  The plan addresses, among other things, the purpose of the fees, the use of the fees, the relationship between the use of the fees and the projects in which the fees are used, the relationship of need for the facilities, and the type of development in which the fees are imposed.    

The School Facilities Fee Plan has been made available to the public for the required ten-day period preceding the public hearing.  Legal advertisements have been published in the local newspaper announcing the public hearing as required.    

The new fee of $4.08 per square foot will go into effect on April 25, 2020, to allow time for all affected Boards to act and for the 60-day waiting period to expire.  In the interim, the current fee will remain in effect.  The current fee for Sylvan is $2.27.  The new fee will be split as follows: 

Sylvan (60%):  $2.45

Modesto City Schools (40%):  $1.63

Total:  $4.08

Staff recommends adoption of Resolution 2019/2020 - #21 to increase School Facilities (Level One Developer) fees.

The Board of Trustees will consider adopting Resolution 2019/2020 - #21 Increasing School Facilities (Level One Developer) Fees.

It is recommended that Board of Trustees approve the minutes of the February 4, 2020 Regular Board Meeting.

This change order is for the Ustach Middle School Modernization Project.  This is Change Order No. 5 for the project and consists of several different change orders.

Change Order No. 5 consists of the following: 

PCO #26 – Repair sewer line between 40s & 20s building - $1,596.86

PCO #17 – Credit for alternate carpet in Phase I – ($4,343.00)

PCO #22 - Storm Drain/Rof Drains/Rainwater leaders replacement (40s/30s) - $3,168.02

PCO #28 - Domestic water line credit (Phase II) - ($15,000.00)

PCO #24 - Dry rot/cold remediation/water damage (Phase II) - $39,695.51

PCO #27 - Broken clean out & Utility Boxes (Phase I & II) - 32 total boxes - $2,784.60

PCO #30 - Credit for Demo of Tile at Library Entry - ($2,943.00)

Attached is a summary of the revenues and expenses of the project with the changes of this change order listed.

It is recommended the board approve Change Order No. 5 with Boyer Construction for the Ustach Middle School Modernization project.

The board will consider approval of Change Order No. 5 with Boyer Construction for the Ustach Middle School Modernization project.

$24,958.99 from the project contingency funds ($164,349.50 remaining after deducting value engineering not yet realized)

There is a proposed salary range increase from Range 16 (Kitchen Manager) to Range 18 (Nutrition Services Coordinator) and would remain on Calendar #18 with 232 workdays. This salary increase, based on Step 3 of the Classified Salary Schedule, would be approximately $3712.00/annually to the Food Service Fund.   

The Director of Special Education previously shared information with the Board regarding Occupational Therapy Services. It was reported that we would submit for a possible take-back of Occupational Therapy services starting in the 2020-2021 school year.  The District did submit for the take-back and was approved. Following that approval, the SELPA determined to discontinue providing Occupational Therapy Services to Districts. The Stanislaus County Office of Education is in the process of taking over this service using a fee-for-service model.  As SUSD is the third largest district within our SELPA, it continues to be necessary for us to consider executing the take-back of Occupational Therapy services. At this time we would need to hire two occupational therapists to serve the number of our students who require these services. This job description is presented for the Board's approval should the District require the hiring of Occupational Therapists to serve our students.  

Staff recommends approval of the presented Job Description for Occupational Therapist.

The salary schedule for this position would be based on the current salary for Mental Health Clinician and LCSW. The Occupational Therapist would work additional days, with a proposed 190 workdays annually in order to provide support during the Extended School Year. 

Provided for the Board's review and approval is the proposed/draft for the salary schedule for Occupational Therapist. The salary schedule was based on the current Mental Health Clinician and LCSW salary schedule. The MHC and LCSW salaries are based on one-hundred eighty two (182) workdays currently. The Occupational Therapist salary schedule reflects the one-hundred ninety (190) workdays proposed for this position. It is staff's recommendation that both the MHC/LCSW and OTs be placed on one salary schedule re-named:  Student Support Non-Management, starting in 2020-2021.

The salary cost for an Occupational Therapist, with fifteen (15) years of experience, is $104,690/annually.

Many Occupational Therapists in our area are veterans in the field. It is estimated that the salary cost to the District for 2.0 FTE Occupational Therapists would be approximately $209,380, plus statutory benefits.

Master's and Doctorate stipends would also be available and are listed on the proposed salary schedule.

The 2020 Board Meeting Schedule was adopted on August 27, 2019.  Staff would like to recommend the Board adopt the revised schedule with the following changes:

Remove the March 31, 2020 Budget Study Session

Add a December 15, 2020 Special Board Meeting (Board Reorganization and California School Boards Association Annual Educators Conference Debrief)

A copy of the draft calendar notating changes and the final for approval is attached.

Staff recommend the Board of Trustees adopt the revisions the 2020 Board Meeting Schedule.

None.

Education Code 17546 allows districts to sell or dispose of obsolete property/instructional materials if the value of the item is less than $2,500.00 and the sale/disposal is approved by a unanimous vote of the Board of Trustees.  

Attached is the list by site of supplies and equipment district staff has determined to be in a condition unsuitable for continued use. The items that are on this list have been evaluated as being no longer functional or are a threat to our network due to the operating system that cannot be updated. All devices on this list are no longer functioning and cannot be repaired for use by students or staff. The iPads and Chromebooks included are some of the original devices purchased many years ago and are no longer operable or supported by Apple or Google.  If parts were available on any of these devices to repair similar items, this was completed by the Sylvan Tech Team. 

At a future Board Meeting many of the technology items will be presented to the Board of Trustees for a buy back program that will generate funds for the district.  

The items listed as equipment were submitted by the Maintenance and Operations Department.  These items are no longer functional.

Staff recommends the Board of Trustees declare the value of each obsolete item listed is less than $2,500.00; and authorize staff to dispose of the technology and equipment in accordance with Education Code 17546.

None

1. The donation of $10.00 from YourCause Corporate Employee Giving Program to Freedom Elementary School for instructional materials, curriculum or interventions for students. 

2. The donation of $624.00 from Freedom Elementary PTA to Freedom Elementary School for Kindergarten students to attend the Resendiz Farms Field Trip.

3. The donation of $170.44 from Sherwood PTC to Sherwood Elementary School for the purchase of an attendance sign for the front of the school.

4. The donation of $175.00 from Sherwood PTC to Sherwood Elementary School for the purchase of a frame for the Unity Day photo to be displayed in the school office.

5. The donation of $500.00 from Nancy Cho to Stockard Coffee Elementary School for student recognition supplies for the "Starbucks" store.

6. The donation of $965.00 from Stockard Coffee PTA to Stockard Coffee Elementary for 5th grade Science.

7. The donation of $35.00 from Gap Inc. to Stockard Coffee Elementary School for student recognition and supplies.

8. The donation of $300.00 from Stanislaus Partners in Education to Somerset Middle School for Mrs. Jennaca Hollinger's classroom.

9. The donation of $150.00 from Leticia E. Fernandez with Taqueria Mis Compadres to Somerset Middle School for student recognition and supplies.