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Regular Board of Education Meeting - Closed Session 4:30 PM
Morgan Hill USD
November 17, 2020 6:00PM
ZOOM Topic: Board of Education Regular Meeting Time: Nov 17, 2020 4:30 PM Closed Session 6:00 PM Open Session Join Zoom Meeting https://us02web.zoom.us/j/89538282742 Meeting ID: 895 3828 2742 One tap mobile +16699009128,,89538282742# US (San Jose) +12532158782,,89538282742# US (Tacoma) Dial by your location +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 646 558 8656 US (New York) +1 301 71

A. CALL TO ORDER
A.1. PUBLIC COMMENT ON CLOSED SESSION TOPICS
Rationale:
Members of the public may address the Board at this time regarding items on the Closed Session agenda. The Board of Education reserves the right to limit speaking time to three (3) minutes or less per individual.
 
A.2. ADJOURN TO CLOSED SESSION (4:30 PM)
A.3. PUPIL PERSONNEL - Student discipline Education Code §48918 (c)(K-12)
A.4. LIABILITY CLAIMS - Governmental Code Section 54956.95
A.5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: one case
A.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a) of Government Code §54956.9
A.6.a. EL 17/18-001 v. Morgan Hill Unified School District Case No. 17CV319128
A.6.b. EL 20/21-001 vs Morgan Hill Unified School District Case No 20CV369396
A.7. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6) Morgan Hill Classified Employees Association (MHCEA) and Morgan Hill Federation of Teachers (MHFT), Designated representative: Fawn Myers / Morgan Hill Educational Leaders Association (MHELA), Unrepresented employees, Designated representative: Steve Betando, and Superintendent, Designated representative: Karen Rezendes, Lozano Smith
A.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §54956.8)
A.9. PUBLIC EMPLOYEE-DISCIPLINE / DISMISSAL / RELEASE / REASSIGNMENT / COMPLAINT (Government Code § 54957 and 54957.1)
A.10. PUBLIC EMPLOYEE APPOINTMENT (Government Code § 54957)
A.11. PUBLIC EMPLOYMENT / PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Superintendent
A.12. RECONVENE TO PUBLIC SESSION
B. CALL TO ORDER / PLEDGE OF ALLEGIANCE (6:00 PM)
C. INTRODUCTION OF BOARD MEMBERS AND STAFF (6:02 PM)
D. RECOGNITIONS / PRESENTATIONS (6:05 PM)
D.1. Recognition of Roger Beaulieu participation and contribution to the Citizen Oversight Committee
Rationale:
The District's General Obligation Bond Measure successfully passed in the November 6, 2012 election enabling the District to finance technology and facilities improvements. At the Board of Education meeting on January 15, 2013, the Board approved a resolution establishing a Citizens' Bond Oversight Committee (Committee). In 2014, Roger Beaulieu was approved as the member of a "senior citizen group". Roger has served loyally on the Committee for three consecutive terms - the maximum length of service legally permitted. District Staff are grateful for the time, effort, and energy that these members have contributed. 

During his service, Roger has overseen the implementation and completion of the following projects:

  • Charter School of Morgan Hill, multipurpose room
  • District Wide, technology upgrade
  • Jackson Elementary School, ADA/restroom upgrade
  • Jackson Elementary School, HVAC replacement
  • Jackson Elementary School, roof replacement
  • Jackson Elementary School, fire alarm upgrade
  • Loritta Bonfante Johnson Education Center Modernization, Phase I
  • Loritta Bonfante Johnson Education Center, Phase II
  • Los Paseos Elementary School, roof replacement
  • Martin Murphy Middle School, roof replacement
  • Martin Murphy Middle School, security fencing
  • Nordstrom Elementary School, fire alarm upgrade
  • Nordstrom Elementary School, HVAC replacement
  • Nordstrom Elementary School, roof replacement
  • Paradise Valley Elementary School,ADA/restroom upgrade
  • Paradise Valley Elementary School,roof replacement
  • Paradise Valley Elementary School, Fire alarm upgrade
  • Paradise Valley Elementary School, HVAC replacement
  • Paradise Valley Elementary School, modulars
  • San Martin/Gwinn Elementary School, modernization
  • San Martin/Gwinn Elementary School, admin building modernization
  • San Martin/Gwinn Elementary School, educational courtyard
  • Walsh Elementary School, modernization
  • Walsh Elementary School, parking lots

Projects that are either in construction or design during their final term include:

  • Britton Middle School, new building design
  • Jackson Elementary School, multipurpose room
  • Nordstrom Elementary School, multipurpose room and portable replacement
  • Technology Upgrade
  • Paradise Valley Elementary School, multipurpose room
 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
D.2. College Board National Recognition Programs – Live Oak High School and Ann Sobrato High School Students
Rationale:
Morgan Hill Unified School District is proud to recognize Ashlynn Tumbaga of Live Oak High School and Cristin Huffman, Victoria Bettencourt, and Bryan Pineda of Ann Sobrato High School, for being identified as a College Board National Recognition Program Scholar.  These students scored in the top 2.5% of the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) test takers who identify as one or more of the following: African American, Hispanic American or Latinx, Indigenous, or attend school in a rural area or are from a small town.  Eligible students were invited to apply and then each application was evaluated and recognized accordingly. Participation in the College Board National Recognition Programs enables students to highlight their outstanding educational achievements to top colleges and universities.

Ashlynn Tumbaga, Victoria Bettencourt and Bryan Pineda are being recognized as a Scholar in the National Hispanic Recognition Program while Cristin Huffman is recognized as a Scholar in both the National Hispanic Recognition Program and the National Indigenous Recognition Program.

Congratulations to these fine young students who are excellent representatives of the Morgan Hill Unified School District.
 
Comments:
Submitted by:  
Tanya Calabretta, Principal, Live Oak High School 
Theresa Sage, Principal, Ann Sobrato High School 
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
D.3. Recognition of outgoing Board Trustee Jeanne Gilliard
Rationale:
The Board will recognize outgoing Board of Education Trustee Jeanne Gilliard for her service
 
Comments:
Submitted by:
Carol Ann Gittens, Board President
Steve Betando, Superintendent 
E. ADOPTION OF AGENDA (6:30 PM)
F. APPROVAL OF CONSENT CALENDAR (6:32 PM)
Rationale:
Items listed under CONSENT are considered to be routine by the Board of Education and will be enacted by one motion at this time. There will be no separate discussion of these items unless a board member or citizen so requests.
 
G. PUBLIC COMMENT / COMMUNICATIONS (6:35 PM)
Rationale:
This is opportunity for communication regarding items not on the agenda. Members of the public may address the Board regarding items on the agenda immediately prior to their being discussed by the Board.
 
H. COMMUNICATIONS (6:45 PM)
H.1. Closed Session Action Report (Government Code § 54957.1)
H.2. Report: Student Board Member
H.3. Reports: Superintendent / Staff
H.4. Reports: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association
H.5. Reports: Board Members
H.6. Calendar: Upcoming events
I. CONSENT ITEMS
I.1. BUSINESS SERVICES
I.1.a. Ratification of contracts executed pursuant to Board Policy 3312 for the month of September 2020
Rationale:
The District contracts with consultants or independent contractors who can provide valuable and necessary specialized services not normally required on a continuing basis. Pursuant to Education Code 17604 and Board Policy 3312(a), the Superintendent or designee (employees identified in Bd. Ed. 2019-20 Reso 041) has the authority to enter into contracts with a value up to $100,000 on behalf of the District. These contracts must be subsequently ratified by the Board.

The attached document lists the contracts executed by the Superintendent or designee for the month of September 2020.

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
201117 September 2020 Contracts
I.1.b. Approve resolution in opposition to territory transfer from the Morgan Hill Unified School District to the San Jose Unified School District
Rationale:
A request to transfer territory from Morgan Hill Unified School District (MHUSD) to San Jose Unified School District (SJUSD) has been presented to the Santa Clara County Committee on School District Organization (County Committee). 

The territory proposed for transfer include one (1) parcel located in south San Jose. The request to transfer territory was submitted to the Santa Clara County Superintendent of Schools on October 21, 2020 and validated by the County Superintendent on October 26, 2020. Education Code Section 35705 mandates two public hearing (one in each affected district), due to COVID the meetings will be combined as a single public hearing will be held via Zoom on December 7, 2020.

The County Committee has 120 days from the first public hearing to approve or disapprove the petition (Ed. Code § 35706). In making its decision, the County Committee must determine whether the following conditions regarding the petition are substantially met (Ed. Code § 35709,35710):

1. The reorganized districts will be adequate in terms of number of pupils enrolled
2. The districts are each organized on the basis of a substantial community identity
3. The proposal will result in an equitable division of property and facilities of the original district or districts
4. The reorganization of the districts will preserve each affected district’s ability to educate students in an integrated environment and will not promote racial or ethnic discrimination or segregation
5. Any increase in costs to the state as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization
6. The proposed reorganization will continue to promote sound education performance and will not significantly disrupt the educational programs in the districts affected by the proposed reorganization
7. Any increase in school facilities costs as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization
8. The proposed reorganization is primarily designed for purposes other than to significantly increase property values
9. The proposed reorganization will continue to promote sound fiscal management and not cause a substantial negative effect on the fiscal status of the proposed district or any existing district affected by the proposed reorganization
10. Any other criteria as the board may, by regulation, prescribe

Petitioners and/or affected school districts may appeal to the State Board of Education the decision of the County Committee (Education Code section 35710.5). Petitioners have five days and school districts have 30 days to notify the County Committee of its intent to appeal. 

Morgan Hill Unified School District staff recommends adopting the attached resolution in opposition to the territory transfer from Morgan Hill Unified School District to San Jose Unified School District.

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Steve Betando, Superintendent
Attachments:
201117 Letter to MHUSD
201117 MHUSD Territory Response
201117 Rezoning Request
201117 SBE Validation Letter
201117 Territory Resolution
I.1.c. Adopt resolution to accept donations made to the Morgan Hill Unified School District and increase budgets
Rationale:
Cash donations and other types of donations have been listed on the attached resolution. The following is a donation action resolution to accept donations and increase budgets as a result of cash donations and make changes between funds as needed.
 
Financial Impact:
Cash donations added to budgets of each site
Comments:
Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
201117 Donations
I.1.d. Approve Super Co-Op Annual Renewal of Services for 2021-22
Rationale:
Super Co-Op is derived of a group of public school districts that joined together to increase their buying power. Creating joint bids that umbrella all districts due to like purchases create a bulk discount that all members receive.

Super Co-Op also assists in commodity dollar/poundage tracking, and product processing (example: Tyson chicken). The District receives government funds that are transferred into pounds of product which is either accepted whole, or sent to processors for a discounted product. For example, the fair market value of a case of diced cooked chicken is $99.99; however, with commodity processing and exchanging government owned chicken to the processor the case price is lowered to $63.65 for a total savings of $36.34 per purchased case. This allows District Food Service Department to create an affordable meal for the students while staying within budget. 

Staff recommends approval of the agreement with Super Co-Op to allow the District to continue our membership with them for the 2021-22 school year.

 
Financial Impact:
Depends on purchases
Comments:
Submitted by:
Michael Jochner, Director Student Nutrition
Kirsten Perez, Deputy Superintendent and Chief Business Officer 
Attachments:
201117 Co Op Contract
I.2. EDUCATIONAL SERVICES
I.3. HUMAN RESOURCES
I.3.a. Approve personnel action to employ, re-employ, promote, reassign, accept resignation, accept retirement, and authorize related compensation
Rationale:
See attached
 
Financial Impact:
Included in adopted budget
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
201117 Personnel Order
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from the Regular Board meeting of November 3, 2020
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
201117 Meeting Minutes November 3, 2020
I.4.b. Proposed revisions to Board Policy based on updates from California School Boards Association Policy Maintenance Services
Rationale:
Since 2012, the District has contracted with the California School Boards Association ("CSBA") for Board Policy Manual maintenance and online posting.  CSBA services include posting and maintaining the District's policy manual online and sending recommended updates based on changes in law.

On October 29, 2020, the Policy Subcommittee reviewed and approved the attached policy changes. On November 3, 2020, the policies came to the Board for approval and were tabled until the next REGULAR Board meeting. The policies are presented to the Board tonight for their approval.
 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
2011017 BP 0420.43 Charter School Revocation
201117 BP 0420.4 Charter School Authorization
201117 BP 0420.41 Charter School Oversight
201117 BP 0420.42 Charter School Renewal
201117 BP 411208 Employment of Relatives
201117 BP 5116.1 Intradistrict Open Enrollment
201117 BP 5131 Conduct
201117 BP 5132 Dress and Grooming
201117 BP 5136 Gangs
201117 BP 5141.21 Administering Medication and Monitoring Health Conditions
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Formal Complaint Against Trustee Investigation Report (7:00 PM)
Rationale:
On August 12, 2020, Morgan Hill Unified School District received a formal complaint from Matthew and Jeanne Lee alleging that Trustee Wendy Sullivan used her position as Vice President of the District's Board of Education and to improperly overturn a spring 2020 Associated Student Body (ASB) election in which their son won the race for ASB President against Trustee Sullivan's daughter. At its meeting on September 15, 2020, the Board was apprised of the formal complaint which had escalated to step two status. Step two involves the District hiring an outside investigator who will provide investigation findings. The investigation is complete and the Final Report is submitted to the Board as the oversight body for formal complaints in this regard.
 
Comments:
Submitted by: 
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
201117 Formal Complaint Against Trustee Sullivan Investigation Report
J.2. Board Self Evaluation Report (7:30 PM)
Rationale:
The 2020 Board Self Evaluation survey and timeline were developed by an ad hoc working group consisting of Trustees Gilliard, Gittens and Sullivan and subsequently adopted by the full Board. The survey was completed electronically by each of the district’s seven elected board members. The 2020 Board Self Evaluation Report summarizes the trustees' survey responses. The information contained in this report is preliminary; It is an initial step in the board self-evaluation process. Board members will discuss the results of this survey evaluation, their individual assessments of the Board's strengths in area(s) of board governance and board responsibilities, and possible processes for the Board to improve performance in area(s) identified for growth.
 
Comments:
Submitted by:
Carol Ann Gittens, Board President
Attachments:
201117 MHUSD Board Self Evaluation Report 2020
J.3. Return to School Plan (7:50 PM)
Rationale:
Morgan Hill Unified School District began virtual instruction for all students in March of 2020 when the COVID Pandemic hit the Bay Area. Like other districts in the County, State, and across the Nation, our teachers have answered the call to set up and learn virtual instruction programs and techniques. For this year, the District set up Connectivity Hubs where students who do not have decent internet connectivity can connect. At its September 23, 2020 Special Meeting, the Board approved the return of students into their classes no earlier than January 4, 2020, with the addition that between now and that time special programs and/or projects involving limited in-person interactions may be allowed by the Superintendent or his designee with post-approval board information. This allowed staff explore and implement ways to bring small groups back or innovative options in advance of January 4, 2020 such as the Small Groups Supports Project and Early Return to In-person Instruction Pilot Project. 

Staff will provide an update on the current status of the three in-person instruction projects. The Board shall consider the recommendation of a Phase-in schedule for scaling up the numbers of students returning to school buildings for class instruction.

 
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Fawn Myers, Assistant Superintendent Human Resources
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Steve Betando, Superintendent 
J.4. Approve 2020-21 First Interim budget for the restricted non-general funds as reported in the Standardized Account Code Structure (SACS) report (8:20 PM)
Rationale:
In accordance with Education Code 42130, a school district is required to submit twice during the fiscal year a financial report certifying the district’s ability to meet its financial obligations.   These reports examine the district’s enrollment, spending pattern, fund balance, and reserve for economic uncertainties.

There are several purposes for these reports:

• To provide a review of the District’s financial condition at periodic intervals during the fiscal year

• To provide a status report to the Board of Education and the public of the financial condition of the District

• To determine necessary budget revisions as a result of current or projected financial information.   The interim reflects adopted, revised and projected budgets. The first interim report reflects financial and budgetary status as of October 31, 2020.  

Attached is a summary description of each of the restricted non-general funds and a spreadsheet summarizing the budgeted amounts.
 
Financial Impact:
Amend budget to reflect current fiscal information for the restricted non-general funds
Comments:
Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
201117 2020-21 First Interim Form 11
201117 2020-21 First Interim Form 12
201117 2020-21 First Interim Form 13
201117 2020-21 First Interim Form 14
201117 2020-21 First Interim Form 17
201117 2020-21 First Interim Form 20
201117 2020-21 First Interim Form 21
201117 2020-21 First Interim Form 25
201117 2020-21 First Interim Form 49
201117 2020-21 First Interim Form 51
201117 2020-21 First Interim Other Funds Narrative
201117 2020-21 First Interim Other Funds Summary Report
J.5. Facilities study follow-up: Project direction and approval for Britton Middle School, Nordstrom Elementary and Jackson Academy of Math and Music (8:40 PM)
Rationale:
In October 2020 the Board participated in two study sessions focused on school facilities. Staff lead the Board through an overview of past and present facilities projects and discussed the identification and prioritization of future projects. At the conclusion of second study session, the Board requested that the future projects be segmented into smaller groups and agendized at future Board meeting for discussion and action. 

The first groupings of projects,  Britton Middle School, Nordstrom Elementary and Jackson Academy of Math and Music, are being presented for project and budget approval. These projects were selected first as construction is currently occurring on these sites.

Jackson Academy of Math and Music - Modernization of existing facilities to create an ~8,000 square foot auditorium with an expanded kitchen, a larger stage for musical performances, and added acoustic elements for better sound quality for performances. Adjacent to the auditorium, classrooms will be modernized to support the music instruction program including a new band room. Total Budget: $6,500,000

Britton Middle School - Staff recommendations proceeding with Option A. Option A includes the construction of a new ~16,000 square foot building for a Student Union (including kitchen) and Media Center. One of the former classroom wings would be modernized to become a ~5,800 square foot Administration Building. The last classroom wing would be demolished and the hardcourt area expanded. Total Budget: $32,947,064 

Nordstrom Elementary - Renovation of the current administration building with an expansion of ~1,500 square feet. The new design will reconfigure space for an adequate reception area, create better circulation, add a conference room, and an additional restroom. Total Budget: $3,900,000 

 
Financial Impact:
$43,347,064 in Measure G, Series B and Series C
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Steve Betando, Superintendent
Attachments:
201117 Britton
201117 JAMM
201117 Nordstrom
20201117 Facilities Funds Five Year Projection
J.6. Public Hearing: Charter School of Morgan Hill Renewal Petition (9:00 PM)
Rationale:
The Charter School of Morgan Hill submitted a proposal received on October 23, 2020 to the District Superintendent requesting renewal of its Charter. In accordance with Board Policy / Administrative Regulation 0420.4, not later than 30 days after receiving the complete charter school petition (or request for renewal), the Board shall hold a public hearing on the provisions of the charter, at which time the level of support for the petition by teachers of the district, other emploees of the district and parents, shall be considered.  Charter applicants shall appear and provide testimony to the Board of Education.  Notice of the hearing will be provided to each barganing unity representing the employees of the district.

Within 60 days of receipt of the petition, or 90 days based upon agreement between the applicant and the school district, the Board shall either grant or deny the (renewal) petition.
 
Comments:
Submitted by: 
Steve Betando, Superintendent
J.7. Review proposed revisions to Board Policy 5131.2 Bullying based on updates from California School Boards Association Policy Maintenance Services (9:10 PM)
Rationale:
Since 2012, the District has contracted with the California School Boards Association ("CSBA") for Board Policy Manual maintenance and online posting.  CSBA services include posting and maintaining the District's policy manual online and sending recommended updates based on changes in law.

On October 29, 2020, the Policy Subcommittee reviewed and approved the attached policy changes.  On November 3, 2020, Trustee Patterson pulled BP 5131.2 Bullying from consent to General Business for further discussion.  At that meeting, the Board tabled this item until tonight's meeting. The policy is presented to the Board tonight for their approval.
 
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
201117 BP 5131.2 Bullying
J.8. County Committee Election Ballot (9:20 PM)
Rationale:
The Board will discuss and complete the ballot to elect members of the Santa Clara County Committee on School District Organization for the District 2, 4, and At-Large seats. Seats 2 and At-Large have one candidate each: incumbent Baltazar Lopez and incumbent Albert Gonzalez; seat 4 has two candidates: Brian Wheatley and Jodi Muirhead.
 
Comments:
Submitted by:
Steve Betando, Superintendent 
Attachments:
201117 2020 County Committee Election Ballot and Candidate Materials
J.9. New business: future agenda items / recognitions (9:25 PM)
K. PUPIL DISCIPLINE
L. ADJOURNMENT (9:30 PM)
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, December 15, 2020, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, December 11, 2020.
 
Disability Information:
Special Accommodations: In compliance with the Americans with Disabilities Act, if you need special assistance to access the Board meeting room or to otherwise participate at this meeting, including auxiliary aids or services, please contact Kelly Schriefer at 201-6001. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to the Board meeting. Documents provided to a majority of the Governing Board regarding an open session item in the agenda will be made available for public inspection in the District Office located at 15600 Concord Circle, Morgan Hill during normal business hours.

Published: November 13, 2020, 4:46 PM

The resubmit was successful.