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Board of Education Regular Meeting
Gilroy USD
May 09, 2019 7:00PM
Board Room 7810 Arroyo Circle Gilroy, CA 95020 Closed Session: 5:30 p.m. | Regular Meeting: 7:00 p.m.

1. CALL TO ORDER (Procedural Item)
a. PUBLIC COMMENT ON CLOSED SESSION: Notice is hereby given that a closed session of the Board of Education will be held under the general provisions of Govt. Code Section 54957. This opportunity is provided to allow the public to comment prior to the Board's consideration (Govt. Code Section 54954.3). (Procedural Item)
2. CLOSED SESSION (Procedural Item)
a. REMOVAL/SUSPENSION/EXPULSION OF A STUDENT (Education Code 428912; 20 U.S.C. Section 1232g) Number of Cases: 2 (Action Item)Confidential agenda item.
Quick Summary / Abstract:
  • Case # 2019-21
  • Case # 2019-22
b. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code Section 54957[b]) (Action Item)Confidential agenda item.
c. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Government Code Section 54956.9(b)) Number of Cases (Action Item)Confidential agenda item.
d. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9) Number of Cases: 3 (Action Item)Confidential agenda item.
Quick Summary / Abstract:
  • Santa Clara Superior Court Case # 18CV329606
  • OAH Case # 2019041024
  • Student ID# 768832

e. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT (Government Code Section 54957[b]) (Procedural Item)
Quick Summary / Abstract:
  • Principal, Eliot Elementary School
  • Principal, Luigi Aprea Elementary School
  • Principal, Ascencion Solorsano Middle School
  • Principal, South Valley Middle School
  • Principal, Gilroy High School 
f. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957[a]) (Discussion Item)Confidential agenda item.
Quick Summary / Abstract:

Employee Organization(s):

  • California School Employees Association (CSEA)
  • Gilroy Federation of Paraeducators (GFP)
  • Gilroy Teachers Association (GTA)
  • GUSD Management and Confidential Group
  • District Negotiator: Deborah A. Flores, Superintendent 

3. REGULAR SESSION (7:00 PM) (Procedural Item)
Quick Summary / Abstract:

This meeting is being recorded or broadcasted; images and sounds may be captured of those attending the meeting. 

a. Pledge of Allegiance: Rod Kelley Elementary (Maritza Salcido, Principal) (Procedural Item)
b. Approval of Agenda (Action Item)
c. Recognitions (Information Item)
Quick Summary / Abstract:
  • Senior Student Board Representative: Sarah Starks
  • National Merit Scholarship Winner: Samantha Melton
  • High School Students Completing the Most Community Service Hours
  • CHP Northern California Bus Driver of the Year: Maria Del Carmen-Collins 
d. General Public Comment (Procedural Item)
Quick Summary / Abstract:

At this time, members of the public may address the Board on any item or any issues within the subject matter jurisdiction of the Board that is not listed on this agenda. No action can be taken on an item not on the agenda at this time, but may be referred to the administration or put on a future agenda. Members of the public may also address the Board on an agenda item before or during the Board's consideration of the item. In accordance with Board Bylaw 9323, individual remarks will be limited to 3 minutes each, unless otherwise stipulated.

e. Report of Action Taken in Closed Session (Procedural Item)
4. REPORT TO THE BOARD (Procedural Item)
a. STUDENT BOARD REPRESENTATIVE'S REPORT - Sarah Starks (Christopher High School) (Information Item)
b. SUPERINTENDENT'S REPORT - Dr. Deborah Flores (Information Item)
5. CONSENT AGENDA (Procedural Item)
a. Personnel Items (Consent Item)
Recommended Motion:
Board approval is recommended of the attached personnel items.

Attachments:
Personnel Items May 9, 2019
b. Approval of Board Meeting Minutes: April 18, 2019 (Action Item)
Attachments:
Board Meeting Minutes 4.18.19
c. NEW Service Agreement with Nova Health Therapies, Inc. for the 2019-2020 School Year ($0-replacing an existing contract) (Consent Item)
Rationale:

To provide services mandated for students through their Individualized Education Program (IEP).





 
Comments:

Nova Health Therapies, Inc. provides occupational therapists, psychologists, bilingual speech and language pathologists, and special ed teachers to school districts throughout the United States. The Gilroy Unified School District has an existing contract for an occupational therapist with Alphavista but the company notified the District that the last day for the occupational therapist would be April 19, 2019. Nova Health Therapies, Inc. has a qualified occupational therapist that can provide the services for our students immediately. The existing contract with the current vendor will be reduced,  therefore, there will be no additional financial impact.



Financial Impact:

None

Recommended Motion:

Approval of the Service Agreement with Nova Health Therapies, Inc. and Gilroy Unified School District for the 2019-2020 school year is recommended.





Attachments:
Liability Insurance
Service Agreement
d. NEW Memorandum of Understanding (“MOU”) with Santa Clara County Office of Education (“SCCOE”) and Gilroy Unified School District for Local Solutions to the Shortage of Special Education Teachers Grant – Earn One/Add One Program Participation (Consent Item)
Rationale:

In the Fall of 2018, California released a Request for Proposals (“RFP”) to districts and county offices to access grant funds designated to help develop local solutions to address the Special Education teacher shortage.  Along with many other districts, the Gilroy Unified School District participated in a joint application led by the Santa Clara County Office of Education (“SCCOE”).  After receiving the award, the Santa Clara County Office of Education (“SCCOE”) developed the “Earn One/Add One” program, a program that provides current teachers and prospective teachers the chance to receive the education necessary to obtain a preliminary Education Specialist credential at a reduced cost. 

 
Comments:

This Memorandum of Understanding (“MOU”) between Santa Clara County Office of Education (“SCCOE”) and Gilroy Unified School District allows the District to participate in the county’s new “Earn One/Add One” teacher credentialing program, a program that allows current teachers and prospective teachers to receive the education necessary to obtain a preliminary Education Specialist credential.  This is the required credential to be a Special Education teacher in California.



Financial Impact:

The financial impact of this Memorandum of Understanding (“MOU”) is dependent on enrollment in the program.  The costs associated with the program are limited to substitute teacher replacement costs for participants when attending program trainings.  Cost estimates per participant, depending on leave needs, would range from $1,000.00 to $2,000.00 annually. 

Recommended Motion:

District staff recommend that the Board of Education approve this Memorandum of Understanding (“MOU”) between the Santa Clara County Office of Education (“SCCOE”) and the Gilroy Unified School District.




Attachments:
Earn One/Add One District MOU
e. RENEWAL of Service Agreement between the Gilroy Unified School District and Santa Clara County Behavioral Health Services Department for School-Linked Services (SLS) Prevention and Early Intervention (PEI) for the 2019-2020 School Year (not to exceed $52,174) (Consent Item)
Quick Summary / Abstract:





Rationale:

The Gilroy Unified School District will continue the agreement with The Santa Clara County Behavioral Health Services Department to conduct the School Linked Services (SLS) Initiative and the Prevention and Early Intervention (PEI) and SLS for school-based behavioral health services.

School Linked Services (SLS) seeks to integrate and  streamline coordinated services for students and families. The goals of the School Links Services Initiative are : increase family access to community resources and services;  improve families’ knowledge and behaviors related to school support, health and well- being; improve student academic outcomes, health, and well-being; and improve school climate and school-family-community partnerships.

School Linked Services provides assistance to families through referrals to mental health services, helping families access resources such as food, transportation, and clothing, organizing events for families in need, and providing  workshops for students and families.

The PEI services will be for students enrolled at Antonio Del Buono Elementary School, Eliot Elementary School, and Glen View Elementary School; and these students' families.  The goal of PEI services is to provide services aimed at preventing mental health illness and addressing mental health disorders at the earliest possible stages.  PEI services shall be provided by organizations and existing Agreements with the County (PEI service providers) through an integrated delivery system offering prevention, education, and early intervention programs.

The SLS school-based behavioral health services will be provided at the designated schools agreed upon by BHSD and the school district.

 
Financial Impact:

The Gilroy Unified School District will contribute $52,174  funded by Local Control Funding Formula (LCFF) as part of the match with the Santa Clara County Behavioral Health Services Department. The Santa Clara County Behavioral Health Services will provide $198,784.00.

Recommended Motion:

Board approval is recommended for the Service Agreement between Gilroy Unified School District and the County of Santa Clara Behavioral Health Services Department.



Districts are required to use the Santa Clara County Service Agreement form as a condition of receiving these funds.








Attachments:
Service Agreement
f. AMENDMENT of Memorandum of Understanding (MOU) between Gilroy Unified School District and Santa Clara County Office of Education (SCCOE) for Professional Development (not to exceed $30,300) (Consent Item)
Rationale:

The District has an existing Memorandum of Understanding with the Santa Clara County Office of Education (SCCOE) for professional development services in the amount of $24,300. The District seeks to amend the current Memorandum of Understanding with the Santa Clara County Office of Education to include additional services, for a total amount not to exceed $30,300.  The $6,000 increase is based on the need for additional professional development services, specifically services from the Santa Clara County of Education (SCCOE) Science Coordinators, from May 2019 to June 2019. The Science Coordinators will provide: (1) support with the review and piloting of new middle school Science instructional materials, and (2) professional development services for the 2nd Annual Summer Science Symposium on June 11th 2019. 






 
Comments:

The Gilroy Unified School District annually contracts with the Santa Clara County Office of Education for professional development services.  This professional development supports Gilroy Unified Local Control Accountability Plan (LCAP) Goal 1.2: Provide Common Core State Standards (CCSS) materials and training.





Financial Impact:

The total cost of the professional development services will not exceed $30,300 and includes the additional services provided by the Santa Clara County Office of Education (SCCOE) Science Coordinators for spring 2019.  The services will be paid by Local Control Funding Formula ( LCFF) funds for Curriculum and Instruction and by Title III funds for services related to English Learner students.  



Recommended Motion:
Board approval is recommended for the AMENDED Memorandum of Understanding between Gilroy Unified School District and the Santa Clara County Office of Education for professional development.


Attachments:
Increased MOU
Signed MOU
g. Overnight/Out of Town Field Trip Christopher High School Students, CIF State Track Championships, Clovis, CA (Consent Item)
Rationale:

Track & Field Coach Jeff Myers, accompanied by three school staff members, will travel with three students to Clovis, CA for the CIF State Championships. They will travel by district vehicle and stay at University Square Hotel.

The dates of the overnight/out of town field trip are scheduled for Thursday, May 23, 2019 through Sunday, May 26, 2019. One instructional day will be impacted.



 
Financial Impact:

There will be no financial cost.

Recommended Motion:

Board approval is recommended for up to three Christopher High students to go the CIF State Track Championships.



Attachments:
CHS CIF State Championships
h. Overnight/Out of Town Field Trip, Christopher High School ASB Cheer and Dance, Knott's Berry Farm (Consent Item)
Rationale:

Cheer and Dance Coach Nicole Babcock, accompanied by three school staff members will travel with approximately 80 students to Knott's Berry Farm - Buena Vista, CA for United Spirit association camp. They will travel by charter bus and stay at Knott's Berry Farm hotel.

The dates of the overnight/out of town field trip are scheduled for Sunday, August 5, 2019 and returning Wednesday, August 8, 2019. No instructional days impacted due to summer break. 


 
Financial Impact:

The estimated cost of this field trip is $48,000. This amount will be covered by fundraising efforts, Booster support, donations and the ASB Cheer & Dance account. There is no cost to the students participating in this event.



Recommended Motion:

Board approval is recommended for up to 80 Christopher High students to go to Knott's Berry Farm.


Attachments:
CHS Knott's Farm Cheer & Dance
6. ACTION/INFORMATION ITEMS (Procedural Item)
a. Resolution # 18/19-35 Classified School Employee Week (Action Item)
Quick Summary / Abstract:

Dr. Deborah Flores, Superintendent, will present Resolution # 18/19-35 declaring the week of May 19-25, 2019 as "Classified School Employee Week" in the Gilroy Unified School District.






Rationale:

The California State Legislature has adopted the third full week of May of each year as "Classified School Employee Week".  Resolution # 18/19-35 is presented to recognize and celebrate the many contributions classified employees make to the educational community and particularly, the students of the Gilroy Unified School District.




 
Recommended Motion:

It is recommended the Board adopt Resolution # 18/19-35 acknowledging the week of May 19-25, 2019 as "Classified School Employee Week".



Attachments:
Resolution # 18/19-35
b. Approval of Agreement with Schneider Electric Buildings Americas, Inc. for turnkey design and construction energy services (Action Item)
Quick Summary / Abstract:

Cheryl Galloway, Specialist — Energy Education, will present this agreement for approval. 



Rationale:

On February 14, 2019, the GUSD Board of Trustees approved a Request for Qualifications (RFQ) for energy conservation design-build services. Schneider Electric Buildings Americas, Inc. was chosen as the front-runner after a three-phase evaluation process. This agreement allows Schneider Electric to begin the evaluation and design-build portion of the energy conservation plan in order to develop projects to reduce utility costs.

The District has had an energy conservation program since 2010.  The District received $2.5 million in Prop. 39 funds for energy upgrades for HVAC controls and LED-lighting installations which were undertaken during the summer of 2018.  School districts are required to perform a full evaluation of all sites touched by Prop. 39 funds.  The agreement for turnkey design and construction energy services fulfills this requirement while creating a road map for future projects District-wide as sustainability funds, grants and financing opportunities became available.


 
Financial Impact:

$80,000 in Prop. 39 funds set aside to complete the final closeout of 2018 projects.



Recommended Motion:

Board approval is recommended for the agreement with Schneider Electric Building Americas, Inc. for turnkey design and construction energy services.



Attachments:
Agreement #A 1819-47 Schnieder Design-Build Energy Services Agreement
Schneider Exhibits to Design-Build Energy Services Agreement
c. Career Pathways Education Consortium Collaboration for Making the Bank (CPEC) (Information Item)
Quick Summary / Abstract:

Greg Camacho-Light, Administrator of Alternative Educational Programs, will present this information to the Board.





Rationale:

The members of the Career Pathways Education Consortium (CPEC) have been meeting since the beginning of last school year (2017-18). During these meetings, the members have been developing marketing materials about CTE Pathways that start in the high schools and continue into Gavilan College. The “Making Bank” initiative was developed out of this collaboration.

Cooperation and collaboration between high schools and two and four year post-secondary institutions is essential for a successful Career Technical Education program.  Gavilan College is the district's Consortium center as determined by the State Strong Workforce Program. The goals of the Consortium are:  

  • providing updates on what each program is doing in (School Districts) 

  • determining opportunities for partnerships

  • developing a seamless pathway for high school students interested in career and technical education programs.





 
Comments:

The Career Pathways Education Consortium (CPEC) committee members are:

  • Gavilan Community College: Sherrean Carr-Dean of Career Education, Randy Brown- Noncredit, Susan Sweeney-Community Education and Mary Ann Sanidad -Gavilan Regional ACES

  • Morgan Hill Unified School District:  Heather Nursement-Director of Supplemental Programs

  • San Benito High School District: Julie Carriere-CTE Program Specialist, Elaine Klauer-Director of Educational Services and Claire Grissom-Assistant Principal

  • Gilroy Unified School District:  Greg Camacho-Light-Administrator of Alternative Educational Program


Financial Impact:

All design and materials were paid for through the Gavilan College Strong Workforce Program funding.




Attachments:
CPEC Power Point
d. Concept of a Community Pool (Information Item)
Quick Summary / Abstract:

Board member Linda Piceno will introduce the concept of a community pool on the East side of Gilroy with a possible location on the South Valley Middle School campus.  The pool would be funded through donations and not from district or bond funds.

Financial Impact:

None

Recommended Motion:

It is recommended that the Board accept this informational report, ask clarifying questions and identify information needed for further consideration.

e. Revisions to Board Policy 1312.3 Uniform Complaint Procedures (“UCP”) (Action Item)
Quick Summary / Abstract:

Paul Winslow, Assistant Superintendent of Human Resources, will present revisions to Board Policy (“BP”) 1312.3 Uniform Complaint Procedures (“UCP”).



Rationale:
In accordance with Education Code (“EC”) 52075, school districts are required to have policies and procedures in place to file complaints.  The Gilroy Unified School District fully complies with this requirement.  However, in response to a recent Federal Program Review, additional language needs to be inserted into the existing policy to clarify types of remedies for complaints with merit based on complaint type.  


 
Comments:

The Gilroy Unified School District has consistently used the California School Boards Association’s (“CSBA”) recommended updates to stay current with law.  The current Board Policy (“BP”) 1312.3 Uniform Complaint Procedures (“UCP”) does comply with existing law, and the majority of the proposed changes update the current policy to reflect new changes in the law and other recommendations by the California School Boards Association (“CSBA”).  However, during a recent Federal Program Review by the California Department of Education, the District has been directed as a required corrective action to include language in addition to the California School Boards Association’s (“CSBA”) recommended changes.  This additional language addresses the District’s legal obligations when applying remedies to complaints with merit.  Specifically, Board Policy (“BP”) 1312.3 must reflect the District’s legal obligation to differentiate remedies based on the type of complaint or violation.  Remedies must either target the affected student or all students based on the type of complaint or violation.  The proposed changes incorporate the necessary language to address the gap identified by the Federal Program Review, as well as incorporate the changes recommended by the California School Boards Association (“CSBA”).




Recommended Motion:

District staff is requesting that the Board waive a second reading and approve Board Policy (“BP”) 1312.3 Uniform Complaint Procedures.



Attachments:
BP 1312.3
f. First Reading of Updates to Board Policies (March 2019) (Discussion Item)
Quick Summary / Abstract:

Dr. Deborah Flores, Superintendent, will present the March 2019 board policy updates for a first reading.

Rationale:

Gilroy Unified administrative staff and board members reviewed, revised and globally adopted CSBA's Board policies on November 2008.

Revisions to the board policies are provided five times a year as part of CSBA's Board Policy Manual Maintenance Service.  Revisions reflect updates due to new laws, court decisions, changes in law, additions or corrections to language, or for clarification purposes.

 
Recommended Motion:

Board direction is requested regarding the March 2019 Board policy updates.  The Board may choose to wave a second reading and approve the policies as submitted.


Attachments:
March 2019 Board Policy Revisions
7. ACTION/INFORMATION ITEMS REGARDING FACILITIES AND MAINTENANCE (Procedural Item)
a. Resolution #18/19-33 Notice of Completion of Contract with Brazos Urethane, Inc. (Action Item)
Quick Summary / Abstract:

Paul Nadeau, Director of Facilities, will present this resolution for Board action. 


Rationale:

The District entered into a contract with Brazos Urethane, Inc., to repair the roofs at Luigi Aprea Elementary School on January 17, 2019. This resolution will approve the Notice of Completion for this contract, enabling up to 95% of the contract to be paid out.




 
Financial Impact:

$67,820.45, funded from Deferred Maintenance.




Recommended Motion:

Board approval is recommended for the Notice of Completion for Brazos Urethane, Inc. 



Attachments:
Resolution NOC Brazos Urethane Inc. 18.19.33
b. Resolution #18/19-34 Notice of Completion of Contract with Kent Construction (Action Item)
Quick Summary / Abstract:

Paul Nadeau, Director of Facilities, will present this resolution for Board action.


Rationale:

The District entered into a contract with Kent Construction Inc. on November 16, 2018, to modernize the Science Lab at GECA. This resolution will approve the Notice of Completion for this project and authorize the payment of 95% of the contract amount. 




 
Financial Impact:

$247,500, funded from Measure E.

Recommended Motion:

Board approval is recommended for Resolution #18/19-34 Notice of Completion of Contract with Kent Construction.


Attachments:
Resolution NOC Kent Construction 18.19.34
c. Approval of Change Order #1 from Brazos Urethane, Inc. (Action Item)
Quick Summary / Abstract:

Paul Nadeau, Director of Facilities, will present this Change Order for Board approval.





Rationale:

A Change Order has been submitted by Brazos Urethane, Inc., to decrease the overall contracted amount from $71,570 for roof repairs at Luigi Aprea Elementary by $3,749.55, for a new contract total of $67,820.45. 

The reason for the change amount is to recover the unused contingency amount in the contract. 



 
Financial Impact:

The District will recover $3,749.55 from the original contract amount. 


Recommended Motion:

Board approval is recommended for the Change Order #1 for Brazos Urethane, Inc. 



Attachments:
Change Order #1 for Brazos Urethane
d. Approval of Change Order #1 with Ruggeri Jensen Azar (Action Item)
Quick Summary / Abstract:

Paul Nadeau, Director of Facilities, will present this Change Order for Board approval.

Rationale:

The District would like to extend the agreement with Ruggeri Jensen Azar (RJA) to encompass the moving of the existing parcel lines at Brownell Middle School. The current site plans propose the building of two classrooms pods directly over the parcel lines of the school property. As it is not permitted to build across parcel lines, the District would like to move the parcel lines to an area of the property that would not impede construction. It is proposed to move the parcel lines to encompass the proposed play fields on the site. 

This scope change will enable the District to keep two independent parcels on the Brownell property and simply move the parcel lines to a location that is not going to impede construction. 






 
Comments:

It should be noted that the parcels could have been merged or moved to accomplish the desired outcome. Through inquiry from Trustee Pace and consultation with RJA, it was decided that it is more valuable and possibly advantageous for the District to keep the parcels rather than merging them. 


Financial Impact:

The difference in the two options is $1,500. 

The option to merge the two parcels would cost the district $9,800.

The option to move the parcel fines is $11,300.




Recommended Motion:

Board approval is recommended for Change Order #1 with Ruggeri Jensen Azar. 

Attachments:
RJA Change Order #1
8. BOARD MEMBER REPORTS (Information Item)
9. UPCOMING AND NEW/REFERRAL AGENDA ITEMS (Procedural Item)
Attachments:
Board Agenda Calendar (May 30 - June)
10. ANNOUNCEMENTS (Procedural Item)
Quick Summary / Abstract:
The next REGULAR MEETING of the Board of Education will be held on Thursday, May 30, 2019 at 7810 Arroyo Circle, Gilroy. Closed Session will begin at 5:30 p.m., followed by the Regular Meeting at 7:00 p.m. The agenda will be available on the district's website by 5:00 p.m. Friday, May 24, 2019.


11. ADJOURNMENT (Action Item)

Published: May 3, 2019, 12:21 PM

The resubmit was successful.