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Regular Meeting of the Board of Trustees
Miller Creek SD
November 10, 2020 6:00PM
This meeting is being held pursuant to Executive Order N-25-20 issued by California Governor Gavin Newsom on March 12, 2020. Any or all board members may attend the meeting by phone. Open Session 6:00pm will be held via Zoom

1. Initial Matters
1.1. Call to Order
1.2. Approval of Open Session Agenda
2. Open Session Agenda
2.1. Pledge of Allegiance/Patriotic Salute
2.2. Virtual Student Performance by Members of Miller Creek Band
2.3. MCEA Report
2.4. Public Comment on Items on the Open Session Agenda: Time limit 1 hour
2.5. Presentation: Reopening of Schools Report
Rationale:

At the Board of Education Meeting in July, district administrators presented recommendations for reopening for the 2020-21 school year, which were approved by the Board, (see July 17 District Communication). The recommendation was to adopt a hybrid approach for reopening schools when it is safe to do so, and, in the interim, to begin the school year with remote learning for students in all grade levels, kindergarten through 8th grade, for at least the first six weeks of the term, and perhaps longer.  A phased plan was developed that is aligned with State and Public Health guidance for a sequential, measured and deliberate approach for a return to site based classroom instruction. The design of all current student schedules allows for our schools to reopen using a hybrid model. 

Miller Creek School District schools began to slowly reopen to in person instruction on Monday, October 5th and have welcomed back two waves of students and staff. District Administration will provide an update on the reopening and phasing plans, fall enrollment, class and cohort size data, and other updates found in the attached presentation.

 
Attachments:
Reopening Schools 11-10
3. Consent Agenda - Approval by Single Motion
3.1. Approval of Minutes 6/23/20, 9/29/20 and 10/13/20
Attachments:
public comment from email 10-13-20
Unadopted Minutes 10-13-20
Unadopted minutes 6-23-20
Unadopted Minutes 9-29-20
3.2. Bills and Payroll
Attachments:
Bills and Payroll
3.3. Quarterly Report of Investments
Rationale:
Attached is the quarterly report on the investment portfolios of the Marin County Treasurer and the Annual statement of Investment Policy. These reports were prepared by Roy Given, Director of Finance for Marin County. The investment report is for quarter ending August 31, 2020. 
 
Attachments:
Investment Report as of August 31, 2020
3.4. Certificated Personnel Updates
Rationale:
This agenda item presents for Board approval the Administration's recommended staffing transactions for the School District, as shown on the attachment.  This includes all changes to certificated personnel since the previous board meeting including leaves, resignations and new hires.
 
Attachments:
Certificated updates
3.5. Classified Personnel Updates
Rationale:
This agenda item presents for Board approval the Administration's recommended staffing transactions for the School District, as shown on the attachment.  This includes all changes to classified personnel since the previous board meeting including classification changes, leaves,  retirement and new hires.
 
Attachments:
Classified Updates
4. Announcements and Special Items
4.1. Announcements/Superintendent's Report
4.1.1. Update on MCSD COVID Testing Program
Rationale:
The District launched our district wide COVID testing program with a pilot last week.
 
District office staff volunteers particpated on Thursday, 11/5/2020 and took the self-administered oral fluid test. The  video at this link describes the Curative Oral Fluid Test

Participating staff members completed a very brief online registration process and HIPPA authorization. Results are emailed to the employee and the district within 48 hours. Any positive case results are also sent to Marin Public Health.
 
4.1.2. Update on 2020-21 Committee Meeting Calendar
Rationale:

                                    Miller Creek School District Committees 2020-21

Name of Committee/Duty

Meeting Dates

Coordinating Council

  • October 27, 9:00-10:30
  • November 17, 9:00-10:30
  • December 8, 9:00-10:30
  • January 26, 9:00-10:30
  • February 23, 9:00-10:30
  • March 30, 9:00-10:30
  • April 27, 9:00-10:30
  • May 25, 9:00-10:30

Budget Workshops

  • January 28, 3:30-5:00
  • May 20, 3:30-5:00

Parcel Tax Oversight Committee

  • December 16, 3:30-5:00
  • February 24, 3:30-5:00
  • June 2, 3:30-5:00

Equity Working Group

Tentative Dates/Times:

  • October 6, 2020- 4:00-5:30
  • November 12, 2020- 4:00-5:30
  • February 25, 2020- 4:00-5:30
  • April 29, 2020- 4:00-5:30

Curriculum Council

  • September 14, 2020
  • October 5, 2020
  • November 2, 2020
  • November 30, 2020
  • January 11, 2020
  • February 1, 2020
  • March 1, 2020
  • March 22, 2020
  • April 12, 2020
  • May 3, 2020
  • May 24, 2020

DELAC

  • October 29, 2020- 4:00-5:30
  • January 28, 2020- 4:00-5:30
  • March 25, 2020- 4:00-5:30


 
4.1.3. Transportation Update
Rationale:
Staff will provide a brief verbal report on the transportation services operating during the first waves of the Hybrid Phasing Plan.
 
5. Curriculum Matters
5.1. Presentation of Significant Disproportionality and Comprehensive Coordinated Early Intervening Services Plan (CCEIS)
Rationale:
The Miller Creek School District is working to develop a Comprehensive Coordinated Early Intervening Services (CCEIS) plan as a result of being identified as having significant disportionality in the area of hispanic students found eligible for specific learning disability. 
As a result, the district must engage in a process to identify root cause of the disproportionality, allocate 15% of IDEA funds to address the root cause, and develop the Comprehensive Coordinated Early Intervening Services (CCEIS) plan. The attached presentation provides background, data, and current status of CCEIS development as presented by Philippa Rosenblatt, Director of Special Education. 

 


 
Attachments:
CCEIS
5.2. Report on the Administration of Initial ELPAC
Rationale:
The English Language Proficiency Assessments for California (ELPAC) is the required state test for English language proficiency (ELP) that must be given to students whose primary language is a language other than English. The attached report provides an update on Miller Creek School District's process to complete the initial ELPAC assessments.
 
Attachments:
ELPAC Report
6. Personnel Matters
6.1. Appointment of District Superintendent
Rationale:

The Board will consider and act on the appointment of Interim Superintendent Becky Rosales to the position of District Superintendent, effective January 1, 2021.

 
Recommended Motion:
Recommended Motion:  It is the recommended that the Board move, second and approve the appointment of Becky Rosales to the position of District Superintendent effective on January 1, 2021.
6.2. Approval of the Employment Agreement for District Superintendent
Rationale:
The Employment Agreement for the new District Superintendent will be available for public inspection on the district website.  The Brown Act requires the Board to orally report a summary of the salary and fringe benefits before taking action. The Board President will make this oral report when this item is taken up during the meeting.
 
Recommended Motion:
It is recommended that the Board move, second and approve the Employment Agreement for District Superintendent.
Attachments:
Employment agreement Superintendent
7. Budget and Financial Matters
7.1. Consideration and Possible Approval: Resolution of the Governing Board Authorizing the Acceptance of Funds from the Dixie Education Foundation; the Establishment of a Capital Reserve Fund; and the Redemption of the District's Outstanding Clean Renewable Energy Bonds
Rationale:

Nearly 25 years ago, Articles of Incorporation for the Dixie Education Foundation, Inc. were filed with the State of California, with the stated purpose of promoting and supporting the educational programs of what was then the Dixie School District. The corporation was organized and legally required to operate exclusively for this charitable purpose. Because the initial Foundation funds were generated from the sale of surplus District real property, the California Education Code requires that the funds donated to the District by the Foundation be used solely for District capital purposes.  Through careful fund management and investment planning by the DEF Board, DEF donations to the District have supported numerous capital projects, benefiting generations of children in our community. 

In an effort to increase transparency and simplify capital purchase management, but also recognizing reduced flexibility in investment, the DEF Foundation Board voted unanimously at a meeting on May 13, 2020, to approve a resolution to dissolve the Foundation and distribute its remaining assets to the District. Funds in the accounts were approximately $2.5 million.

There are multiple steps necessary for dissolution of an organization and that has been true of this process for the District and the Foundation. Dissolution usually takes several months, as forms need to be submitted and approved by several agencies at the state level, including several legal items that have to be addressed before any assets could be transferred to the District, including the payment of outstanding liabilities for the District solar debt.  Those payments will decrease the distributed amount.

We identified in a board report last spring that at a future meeting, the District Board would see an agenda item for consideration to adopt a resolution acknowledging the Foundation’s significant contributions to the District, approving the redemption of the CREBS bonds, accepting the Foundation’s remaining assets and establishing a capital projects reserve with those funds which are to be used solely for the purpose of capital outlay or for costs of maintenance of District property as described in Section 17462 of the Education Code.

The District wishes to express appreciation to the DEF Board members for their dedication, commitment, stewardship and financial and investment expertise and what it has meant to countless students over the last half century. Without the donations from the Foundation, these significant purchases and projects would have been delayed until General Fund dollars could be repurposed or other funding acquired, and some might not have happened at all. 

 
Attachments:
Miller Creek Board Resolution re Foundation Funds and CREB payment
Termination Agreement Miller Creek SD
7.2. For Consideration and Possible Approval: Revised Unaudited Actuals, F/Y 20219-20
Rationale:

During the closing of the books for the 2019-20 F/Y and the reporting of unadited actiuals, a timing lag related to ERAF, and the funding of the tax anticipation note just before the closing caused a material understatemnt of cash and overtstatement of accounts receviable at year end. 

Corrections were made which then required a review of cash reconciliation and the reentry of certain data. 

 
Attachments:
Presentation
Unaudited Actuals Revision
7.3. Report on Tree Maintenance
Rationale:
Chief Business Official, Erik Lee, will provide an update on tree related issues that have been identified and addressed.
 
Attachments:
Trees Presentation
8. Policy Matters
8.1. First Reading: Exhibit 1113 - District and School Websites
Rationale:

This new exhibit lists material which state and/or federal law explicitly requires to be posted on district and/or school web sites, including a citation to the legal authority and a reference to the board policy, administrative regulation, or board bylaw that further describes the requirement.

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
Exhibit 1113
8.2. First Reading: Revised Board Policy 4119.11/4219.11/ 4319.11 Sexual Harassment
Rationale:

This policy has been updated to clarify that, in some instances, it may be necessary to concurrently review a sexual harassment complaint under both the Title IX sexual harassment complaint procedures and the district's procedure reflecting state law, as described in AR 4030 - Nondiscrimination in Employment, in order to meet the applicable timelines. The policy also adds the requirement to provide supportive measures to the respondent as well as the complainant. 

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
4119.11 Edits
4119.11P Draft
8.3. First Reading: Administrative Regulation 4119.11/4219.11/4319.11 - Sexual Harassment
Rationale:

This regulation is updated to add section on "Definitions," including the federal definition of sexual harassment for purposes of applying the Title IX complaint procedures. Section identifying the Title IX Coordinator(s) moved and revised to reference CSBA's AR 4119.12/4219.12/4319.12 - Title IX Sexual Harassment Complaint Procedures.

The section on "Notifications" adds the federal requirement to disseminate the district's sexual harassment policy and procedures, along with the name and contact information of the Title IX Coordinator, by posting them in a prominent location on the district's web site and including them in any handbook provided to employees or employee organizations.

A new section on "Complaint Procedures" references the applicable procedures and the responsibility of the district to take prompt action to stop the sexual harassment, prevent recurrence, and address any continuing effects.

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
AR 4119.11 Draft
AR 4119.11 Edits
8.4. First Reading: Administrative Regulation 4119.12/4219.12/4319.12 - Title IX Sexual Harassment Complaint Procedures
Rationale:

This regulation is updated to clarify that a sexual harassment complaint that is dismissed or denied under Title IX may still be subject to review under state law pursuant to AR 4030 - Nondiscrimination in Employment and thus the two procedures should be implemented concurrently in order to meet the applicable timelines. 

The regulation is also updated to clarify that the applicability of the Title IX sexual harassment complaint procedures is limited to conduct that allegedly occurs in an education program or activity over which the district exercises control.

It revises the timeframe for concluding the complaint process from 45 to 60 days;  reflects the right to pursue civil law remedies; and adds the requirement to maintain a record of any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment.

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
AR4119.12 Draft
AR4119.12 Edits
8.5. First Reading: - Exhibit 4119.12/4219.12/4319.12 - Title IX Sexual Harassment Complaint Procedures
Rationale:

This new exhibit presents a sample of the required notification to employees, job applicants, and employee organizations regarding the district's Title IX sexual harassment policy, the district's Title IX coordinator, and grievance procedures pursuant to 34 CFR 106.8. 

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
E4119.12 Draft
E4119.12 Edits
8.6. First Reading: Board Policy 4157/4257/4357 - Employee Safety
Rationale:

This policy is updated to reflect new state regualtion (Register 2020, No. 10) which requires districts to provide employees with access to the district's injury and illness prevention program, and to add the prohibition against discharging or discriminating against an employee for exercising any right protected by the Occupational Safety and Health Act. 

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
P4157 Draft
P4157 Edits
8.7. First Reading: Administrative Regulation 4157/4257/4357 - Employee Safety
Rationale:

This regulation updated to reflect a new state regulation (Register 2020, No. 10) which requires that access to the district's injury and illness prevention program be provided to employees by either providing access in a reasonable time, place, and manner or providing unobstructed access through the district's server or web site.

This regulation is also updated to add material regarding the provision of facilities for quick drenching within the work area for immediate use when there is exposure to injurious corrosive materials.

The regulation adds a section on "Protection from Communicable Diseases and Infections" which includes the development of an exposure control plan for bloodborne pathogens and strategies to prevent and mitigate infectious diseases, and a section on "COVID-19 Exposure" reflecting new law (AB685, 2020) which specifies notifications that must be provided if the district receives notice of potential exposure to COVID-19 or the Division of Occupational Safety and Health (Cal/OSHA) prohibits entry into any district work site that exposes employees to the risk of COVID-19.

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
AR 4157 Draft
AR4157 Edits
8.8. First Reading: Administrative Regulation 4157.1/4257.1/4357.1 - Work-Related Injuries
Rationale:

This regulation updated to reflect new law (AB 1804, 2019) which requires that a report of death or serious injury or illness be immediately reported to Cal/OSHA by telephone or through an online mechanism established by Cal/OSHA, with clarification that districts may make the report by telephone or email until Cal/OSHA has an online mechanism available, and new law (AB 1805, 2019) which redefines "serious injury or illness."

This regulation adds optional language regarding the responsibility of employees to document any incident, and combines options regarding the reporting of incidents to the insurance carrier or Department of Industrial Relations.

The regulation also reflects new law (SB 1159, 2020) which provides that an employee will be presumed to be entitled to workers' compensation benefits for illness or injury resulting from COVID-19 if the diagnosis was made within 14 days after the employee performed labor or services at the place of employment and other conditions are met.

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
AR4157.1 draft
AR4157.1 edits
8.9. First Reading: Board Policy 5145.7 - Sexual Harassment
Rationale:

This policy is updated to clarify that, in some instances, it may be necessary to concurrently review a sexual harassment complaint under both the Title IX sexual harassment complaint procedures and the district's uniform complaint procedures (UCP) in order to meet the applicable timelines. 

The policy also adds the requirement to provide supportive measures to the respondent as well as the complainant.  

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
BP 5145.7 draft
BP 5145.7 edits
8.10. First Reading: Administrative Regulation 5145.7 - Sexual Harassment
Rationale:

This regulation is updated to add a section on "Definitions," including the federal definition of sexual harassment for purposes of applying the Title IX complaint procedures. Section identifying the Title IX Coordinator(s) moved and revised to reference CSBA's AR 5145.71 - Title IX Sexual Harassment Complaint Procedures.

The section on "Notifications" adds the requirement to notify students and parents/guardians that the district does not discrimination on the basis of sex and that inquiries about the application of Title IX may be referred to the Title IX Coordinator or the U.S. Department of Education.

It deletes the requirement to provide contact information of the Title IX Coordinator to employees, bargaining units, and job applicants which is addressed in AR 4119.11/4219.11/4319.11 - Sexual Harassment; and reflects new law (AB 34, 2019) which requires districts to post the definition of sex discrimination and harassment in a prominent location on the district's web site. 

Cited from CSBA Policy Guide Sheet, October 2020.


 
Attachments:
AR 5145 Edits
AR 5145 Edits
8.11. First Reading: Administrative Regulation 5145.71 - Title IX Sexual Harassment Complaint Procedures
Rationale:

This regulation is updated to clarify that a sexual harassment complaint that is dismissed or denied under Title IX may still be subject to review under the district's UCP and thus the two procedures should be implemented concurrently in order to meet the applicable timelines. 

The regulation is also updated to clarify that the applicability of the Title IX sexual harassment complaint procedures is limited to conduct that allegedly occurs in an education program or activity over which the district exercises control.

It adds optional language providing that an employee must forward a report of sexual harassment to the Title IX Coordinator within one day, consistent with AR 5145.7 - Sexual Harassment; revises the timeframe for concluding the complaint process from 45 to 60 days to align with requirements of the UCP; reflects the right to appeal the district's decision to the California Department of Education consistent with the UCP or to pursue civil law remedies; and adds the requirement to maintain a record of any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment.

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
AR 5145.71 draft
AR 5145.71 edits
8.12. First Reading: Exhibit 5145.71 - Title IX Sexual Harassment Complaint Procedures
Rationale:

This new exhibit presents a sample of the required notification to students and parents/guardians regarding the district's Title IX sexual harassment policy, the district's Title IX coordinator, and grievance procedures pursuant to 34 CFR 106.8. 

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
E5145.71 Draft
E5145.71 Edits
8.13. First Reading: Board Policy 6161.1 - Selection and Evaluation of Instructional Materials
Rationale:

This policy is updated to reflect new law (SB 820, 2020) which revises the definition of "technology-based materials" to include the electronic equipment required to make use of those materials, making such equipment subject to the determination of sufficiency.

The policy also deletes unnecessary legal citations related to the State Board of Education's (SBE) adoption of academic standards, deletes a section on "Review Process" which was moved to the AR, deletes the option in regard to public hearings on the sufficiency of textbooks and other instructional materials for schools that operate on a multitrack year-round calendar since such schools can use the same language as those that operate on a traditional calendar, and adds references to sample board policy and regulations for complaints concerning instructional materials. 

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
BP 6161.1 draft
BP6161.1 edits
8.14. First Reading: Administrative Regulation 6161.1 - Selection and Evaluation of Instructional Materials
Rationale:

This regulation is updated to add a section on "Review Process" formerly in the Board Poliy and revise the section to encourage input from a diverse group of stakeholders.

The section on "Criteria for Selection and Adoption of Instructional Materials" is revised to delete unnecessary legal citations related to SBE's adoption of academic standards; move material regarding publisher requirements for grades 9-12 to end of list ot make it easier for K-8 districts to delete; replace the list of nondiscrimination categories with a reference to BP 0410 - Nondiscrimination in District Programs and Activities; add a new item on criteria for technology-based materials; emphasize the importance of the accurate portrayal of the cultural and racial diversity of society in instructional materials; and delete an outdated item regarding quality, durability and appearance. 

The "Conflict of Interest" section revised to delete redundant and difficult-to-enforce item.

Cited from CSBA Policy Guide Sheet, October 2020.

 
Attachments:
AR 6161.1 Draft
AR 6161.1 edits
8.15. First Reading: Exhibit 6161.1 - Selection and Evaluation of Instructional Materials
Rationale:

This exhibit is updated to delete unnecessary legal citations related to SBE's adoption of academic standards and to change "foreign language" to "world language" consistent with current law.

Cited from CSBA Policy Guide Sheet, October 2020.


 
Attachments:
E6161.1 Draft
E6161.1 edits
9. Communications
9.1. Public Comment on Items not Specified on the Agenda: Time limit 30 minutes
10. Organizational Matters
10.1. Select Date of Organizational Meeting
Rationale:
The organizational meeting must be held within 15 days of the second Friday in December. Unless otherwise provided by a rule of the Governing Board, the date of the organizational meeting must be selected by the Board at its regular meeting held immediately prior to December 1st (presumably the regular November board meeting).
 
10.2. Draft 2021 Board Calendar for Review and Possible Adoption
Attachments:
Draft board calendar dates for 2021
10.3. Community Activities
10.4. Reports by Board Members on Meetings Attended
10.5. Identification of Items for Future Agenda
11. Adjournment

Published: November 6, 2020, 5:21 PM

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