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Board of Education Regular Meeting
Gilroy USD
September 16, 2021 7:00PM
Board Room 7810 Arroyo Circle Gilroy, CA 95020 Closed Session 5:30 PM | Regular Session 7:00 PM

1. CALL TO ORDER (Procedural Item)
Quick Summary / Abstract:

THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDER N-08-21

In order to minimize the spread of the COVID 19 virus the Gilroy Unified School District will be livestreaming this meeting and will offer two options for public participation. You are encouraged to watch the GUSD Board of Education meeting live on the GUSD YouTube page: https://www.youtube.com/channel/UCSUnIA8mld7GmveIGQKv49w

To listen to the meeting audio, DIAL -

(669) 900-9128
Webinar ID: 889 5220 9536
Passcode: 699195

PUBLIC COMMENTS

Public Comments – Members of the public may make comments on specific items on the agenda,
and any items within the jurisdiction of the school district in the following manner: via google
forms
/ Please submit your speaker form no later than 6:00 PM on the day of the meeting. In accordance
with Board Bylaw 9323, individual remarks will be limited to 3 minutes each, unless otherwise
stipulated. The maximum time designated for public comment on this agenda will be 45 minutes. The
time allotted for each speaker will be determined by the number of speakers.

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 (5:30 PM) (Procedural Item)
a. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code Section 54957[b]) (Action Item)Confidential agenda item.
b. CONFERENCE WITH LEGAL COUNSEL–ANTICIPATED LITIGATION (Government Code section § 54956.9(d)(2)): (Procedural Item)Confidential agenda item.
c. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9) (Action Item)Confidential agenda item.
d. 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 Flores, Superintendent
3. REGULAR SESSION (7:00 PM) (Procedural Item)
Quick Summary / Abstract:
This meeting is being recorded or broadcast; images and sounds may be captured of those attending the meeting.
a. Pledge of Allegiance (Procedural Item)
b. Approval of Agenda (Action Item)
c. General Public Comment (Procedural Item)
Quick Summary / Abstract:
At this time, members of the public may address the board on any items or any issues within the subject matter jurisdiction of the Board that are 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.

d. Report of Action Taken in Closed Session (Procedural Item)
4. STUDENT BOARD REPRESENTATIVE - Isabella Suarez, Christopher High School (Information Item)
5. SUPERINTENDENT'S REPORT - Dr. Deborah Flores (Information Item)
6. CONSENT AGENDA (Procedural Item)
a. Personnel Items (Consent Item)
Quick Summary / Abstract:

Board approval is requested of the recommended personnel items.

Recommended Motion:

Board approval is recommended of the attached personnel items.

Attachments:
Personnel Items September 16, 2021
b. Approval of September 2, 2021 Board Meeting Minutes (Action Item)
Quick Summary / Abstract:
Board approval is requested of the September 2, 2021 meeting minutes.
Attachments:
Board Meeting Minutes - September 2, 2021
c. Report of Cash Disbursements/Warrants for August 2021 (Consent Item)
Quick Summary / Abstract:
This item is the report of cash disbursements/warrants for the month of August 2021.
Rationale:

Warrant Starting

Warrant Ending

Total Cash

County of Santa Clara

83057615

98032881

$4,471,357.91

County of Santa Clara-Canceled Warrants

$1,871,35

Total

$4,469,486.56


 
Comments:
Education Code 42631 states, "All payments from the funds of a school district shall be made by written order of the governing board of the district." Education Code 42632 describes that each order shall be signed by a person or persons authorized by the governing board to sign orders in its name. Board Policy 3300, adopted November 20, 2008 states, "The Superintendent or designee may purchase supplies, materials, equipment, and services in accordance with the Board Policy and administrative regulations. Such purchases shall not exceed bid limits as imposed by current law."

Financial Impact:
The cash outflow of $4,469,486.56 is for the period of August 1, 2021 through August 31, 2021.
Attachments:
Cash Disbursements/Warrants for the Month of August, 2021
d. Monthly Donations Report – September 2021 (Consent Item)
Quick Summary / Abstract:
This item is the September 2021 report of donations from the community to the schools of the Gilroy Unified School District.
Rationale:
The Board of Education is grateful for donations from the community to the schools of the Gilroy Unified School District. Please find the donation report attached.
 
Financial Impact:

Christopher HS: $150

El Roble ES: $1,700

TOTAL: $1,850

Recommended Motion:
Board approval is recommended for this donations report. 
Attachments:
Donations report for September 2021
e. NEW Memorandum of Understanding (MOU) between the California State University, East Bay (CSU East Bay), and the Gilroy Unified School District for Intern Annual Support, Mentoring and Supervision (Consent Item)
Quick Summary / Abstract:
Board approval is requested of the Memorandum of Understanding (MOU) with the CSU East Bay and the Gilroy Unified School District for providing each paid intern annual support, mentoring and supervision.
Rationale:

CSU East Bay and the Gilroy Unified School District will share responsibility for providing each paid intern annual support, mentoring and supervision.  Each Student Teacher under a District employment contract will receive support, mentoring, and supervision in general education and/or Special Education and annual support related to teaching English learners.  The purpose of this MOU is to provide the Gilroy Unified School District with the ability to hire intern credential teachers in hard-to-fill positions.

 
Financial Impact:

The fiscal impact is limited to hourly compensation for an employer-provided mentor and substitute costs associated with release time for the intern.

Recommended Motion:
District staff recommend that the Board of Education approve this Memorandum of Understanding (MOU) between CSU East Bay and the Gilroy Unified School District. This MOU begins on August 25, 2021 and ends July 31, 2026.
Attachments:
GUSD and CSU East Bay Intern MOU
f. NEW Approval of Agreement between the Gilroy Unified School District and California IT Education (CITE) for Conducting a Review of the District’s Information Technology Department (not to exceed $20,000) (Consent Item)
Quick Summary / Abstract:

The Gilroy Unified District has invested over $12.5 million in I.T. infrastructure improvements funded out of Measure E, targeting the backbone network of the District to offer a 21st-Century education experience to its students.  In addition, since 2016, the District has purchased $13,281,222 worth of devices to serve its students and staff out of its General Fund (unrestricted & restricted sources).  These investments in technology are on-going, and the District must adapt to the evolving technology with its policies and procedures and a department structure that support it.

The COVID-19 pandemic has only heightened the need to have a robust I.T. Department, able to serve the needs of about 1,000 employees and over 10,500 students, and the approximately 15,556 devices that connect to the GUSD network (Chromebooks, desktops, iPads, Android tablets, etc).

The scope of the Agreement is to conduct a study of the Technology Department to review its current structure, policies & procedures and to make recommendations as needed.

The District has not previously engaged with CITE.  However, Álvaro Meza, Assistant Superintendent of Business Services/C.B.O., has conducted reference checks and CITE received glowing recommendations.   While the Agreement is not in the District contact template, GUSD's legal counsel has reviewed this contract and recommends approval. 

Financial Impact:
If approved, the not-to-exceed fee of $20,000 will be funded out of the General Fund.
Recommended Motion:
Board approval is requested for this agreement between the Gilroy Unified School District and California IT Education.
Attachments:
1. Contract: CITE for I.T. study
2: Proposal: CITE for I.T. study
g. RENEWAL of Service Agreement with Foundations Psychological Services for the 2021-2022 School Year (not to exceed $12,240) (Consent Item)
Quick Summary / Abstract:

Board approval is requested of the renewal of service agreement with Foundations Psychological Services for services for the 2021-2022 school year. The contract with Foundations Psychological Services is required to allow the District to contract for two (2) Independent Educational Evaluations(IEE).


Rationale:

This contract is required for the completion of two (2)Independent Educational Evaluations (IEE).


 
Comments:
Federal regulations state unequivocally that parents of a child with a disability have a right to obtain an IEE. 34 C.F.R. 300.502(a)(1). An IEE is broadly defined as “an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question” 34 C.F.R. 300.502(a) (1). An IEE is not limited to evaluating only a child’s academic or cognitive skills, but may include the evaluation of any skill related to the child’s educational needs.
Financial Impact:

The total service agreement amount is not to exceed  $12,240.


Recommended Motion:

Approval of the service agreement with Foundations Psychological Services and Gilroy Unified School District school year is recommended.


Attachments:
Service Agreement
7. ACTION/INFORMATION ITEMS (Procedural Item)
a. Gilroy Teachers Association (GTA) Initial Negotiations Proposal to the Gilroy Unified School District for the 2021-22 School Year (Information Item)
Quick Summary / Abstract:
Janet Lee, member of the Gilroy Teachers Association (GTA), will present the GTA's proposal for negotiations to the Governing Board.
Comments:

In accordance with the "sunshine" notice requirements of the Educational Employment Relations Act, Government Code Section 3547, and Article 6 of the collective bargaining agreement, the Gilroy Teachers Association (GTA) hereby provides notice that it intends to negotiate the following articles for the 2021-22 school year:

  • Article 4 Association Rights
  • Article 10 Safety
  • Article 11 Consultation
  • Article 12 Hours and Days of Work
  • Article 13 Summer School
  • Article 14 Evaluations
  • Article 15 Class Size
  • Article 17 Assignments, Change of Assignments, Transfers, and Reassignments
  • Article 19 Willie Brown Act / Part Time Assignment
  • Article 21 Part-Time or Split Assignments
  • Article 23 Salaries
  • Article 24 Professional Advancement and Growth
  • Article 25 Fringe Benefits
  • Article 26 Preschool Teachers
  • Article 27 Peer Assistance and Review
  • Article 33 Term of Agreement

A copy of the Gilroy Teachers Association’s initial proposal is attached.

Financial Impact:
Fiscal impact cannot be determined at this time. 
Attachments:
GTA Initial Proposal
b. GUSD College Readiness -- Advanced Placement (AP) & College Readiness (Information Item)
Quick Summary / Abstract:

Kermit Schrock, Program Administrator for Student Assessment & Data Management, will present an informational report that addresses the most recent AP and college readiness data.


Rationale:
The GUSD Local Control Accountability Plan (LCAP) has annual measurable outcomes around UC/CSU readiness and Advanced Placement (AP)enrollment and success at the high school level.

The Advanced Placement (AP) tests are nationally administered during the first two weeks of May to high school students. The scores are reported on a scale from 1 to 5 (5 being the highest). A score of 3 is generally considered to be the minimum passing score.
 
Financial Impact:
No fiscal impact
Recommended Motion:
For information only
Attachments:
GUSD AP & College Readiness
c. GUSD's 2020-21 Financial Year-End Report (Unaudited Actuals) and Budget Revisions for the 2021-22 Fiscal Year (Action Item)
Quick Summary / Abstract:

Álvaro Meza, Assistant Superintendent of Business Services/C.B.O., will provide the Governing Board with an overview of the 2020-21 Financial Year-End Report.   The presentation will review the actual ending balance for the District as of June 30, 2021.  This is often referred to as the "unaudited actuals" and is coupled with budget revisions to the current year, adding carryover funds and updating key revenue and expenditure assumptions that are critical to understanding the financial health of the District.   

Rationale:

On March 2020, the Coronavirus turned into a global pandemic that lead to a historic downturn in our economy, leading to a "shutdown" of our brick and mortar instruction.  The shutdown began on March 16, 2020, with a historic public health closure of all schools in Santa Clara County.  This closure impacted the entire 2020-21 fiscal year resulting in significant operational one-time savings related to the pandemic.   

These one-time savings led to a larger than anticipated fund balance, and a higher reserve level than forecasted (estimated actuals).  The presentation attached to this Board briefing will outline the savings by major spending category.  Additionally, the actual contribution to Special Education was $1.8 million below the budgeted level, and $730k lower than the actual expenditures in 2019-20.  We caution that these savings in Special Education are unlikely to continue, as enrollment in Special Ed is continuing to grow. Special Ed is an underfunded program, and is monitored very closely for the purposes of the Multi-Year Projection.

Despite the one-time savings, the unrestricted actual salaries and benefits still represented 87.5% of the Unrestricted General Fund expenditures – for the second year in a row!  The unrestricted ending balance for 202-21 was $40 million (unrestricted).  However, after accounting for the carryover in Deferred Maintenance, site-based funds, textbook adoptions, and other commitments, the Designated for Economic Uncertainty (DEU) Reserve was 23.65%, versus the 15.05% that was forecasted in the estimated actuals. 

Despite the obvious good news about the larger than anticipated ending fund balance, the District is experiencing triple-digit declining enrollment.  The Coronavirus has certainly played a huge role in accelerating this decline, but the birth rates and other economic pressures were clearly already established long before Covid-19.  The preliminary enrollment levels indicate an overall decline of about 240 students for GUSD from last school year.  The enrollment loss is concentrated at the early grade levels and this will have an impact in our TK-12 footprint for years to come.  It is important to note that October is the reference point for the enrollment projections, and the "enrollment" count is fluid until that first Wednesday in October (CBEDS). 

Less students results in less funding!  The decline in enrollment will lead to a decline in Average Daily Attendance (ADA).  Historically, the Enrollment to ADA ratio is about 95% for GUSD.  The hold harmless protections that held the district ‘harmless’ and funded at an ADA level of 10,600 goes back to the 2019-20 fiscal year.  GUSD declined by 314 students in 2020-21.  Preliminary enrollment for this year appears to indicate a decline of about 240 students.  The funded ADA will be reduced from the 10,600 level to about 9,800 ADA by next year (assuming the 95% ADA holds).  This loss will be partially offset by the projected COLA of 2.43% in fiscal year 2022-23.

2021-22 Budget Revisions

  1. The 2020-21 Budget includes the carryover amount of $8.1 million budgeted as expenses into the 2021-22 fiscal year.
  2. Enrollment – The District had limited the projected decline in subsequent years to 100 students. This assumption no longer reflects the reality.  GUSD declined by 314 students in 2020-21, and potentially another 240 in 2021-22. The projected decline for 2022-23 will be based on a decline of 168 students, and another decline of 179 for 2023-24.  The District’s demographers will provide an annual update to the ten-year enrollment forecast by January 2022.  The decline referenced in the subsequent years are now aligned with their projections.
  3. The 2021-22 Budget includes updated Covid-19 revenues related to the passage of AB 130, with estimates on various one-time funds; A-G Completion Improvement, California TK Planning Implementation, etc.  A list of pandemic related revenues is provided as part of the presentation on slides 11 & 12.

The Multi-Year Projection (MYP)

The MYP highlights the deficit spending of $4 million projected for the 2021-22 fiscal year.  Note that this deficit is net of the 5% "mega" COLA increase and with the hold harmless protections on declining enrollment still intact.  By 2022-23, the projected COLA is 2.43%, and the hold harmless provisions expire. GUSD will no longer be insulated from revenue losses due to declining enrollment.  The deficit spending exponentially grows to $6.1 million in 2022-23, and grows to $7.5 the following year. 

The District currently enjoys very healthy reserves, but these are one-time savings.  Every deficit spending year is essentially a withdrawal on reserves.  The reserve level for 2021-22 is projected to be about 21%, but will fall below 16% by the end of 2023-24.

Proposition 2: Limits on District Reserve

On November 4, 2012, voters approved Proposition 2, State Reserve Policy.  This Constitutional Amendment created a State Budget Stabilization Account and established certain conditions that would be "operable" to limit reserve levels for all school districts (with exemptions for basic aid districts & small districts).  Prior to the Adoption of our GUSD Budget in 2022-23, the Governing Board may be required to take formal action to designate part of the fund balance from the 2022-23 fiscal year for the purposes of complying with Proposition 2 limitations.  These designations would be excluded from the maximum threshold calculation.  GUSD must navigate through this irresponsible law.  Otherwise, GUSD would be adding a total of about $14.6 million in unrestricted expenditures to achieve a reserve level of 10%, but with a running deficit of $20.7 million for the year.  The reserve level would drop immediately to -4.2% by the end of 2023-24.  At that point, the unrestricted fund balance would be negative $6.6 million, with no cash to operate and in need of a state loan.  A single action to comply with Prop 2 (as written) would be responsible for this fiscal distress.  

The outcome of this bad law coupled with the expiration of hold harmless for declining enrollment districts is essentially rising the fiscal cliff to an insurmountable level. 

Setting Proposition 2 limitations aside, fiscal prudence is absolutely necessary in a declining enrollment environment.  The “mega’ COLA this year and the protections for declining enrollment districts will no longer insulate GUSD from falling revenues. 

 
Recommended Motion:
Board approval is requested to certify the Unaudited Actuals for 2020-21, and approve the Budget Revisions for 2021-22.
Attachments:
District Certification Form
Multi-Year Projection (MYP
Presentation 2020-21 Unaudited Actuals & Budget Revisions for 2021-22
SACS files - Unaudited Actuals State Reporting Forms
d. Resolution No. 21/22-02, Approval of Gann Limit Calculations for 2020-21 and 2021-22 (Action Item)
Quick Summary / Abstract:

Álvaro Meza, Assistant Superintendent of Business Services/C.B.O., will provide the Board with a summary of the final Gann Limit appropriation subject to the limit for 2020-21, and the appropriation limit for 2021-22.  The Gann Limit calculations are required by the passage of Proposition 4, establishing certain limitations on government spending.  School district's expenditures are considered "government" spending under this law, and requires the approval of the accompanying Board resolution.  

Rationale:

In November 1979, the California electorate passed Proposition 4, commonly referred to as the "Gann Amendment," to the California Constitution.  The Gann Amendment requires each government agency and school district in California to adopt an expenditure limitation based upon its appropriations in 1978-79, adjusted by the annual changes in the consumer price index and annual changes in population.  This is a routine resolution presented to the Board annually since the passage of Proposition 4.  When the State Legislature enacted Senate Bill 98 and Assembly Bill 198 in 1989 to implement Proposition 98, the legislation also amended the statutes governing how to calculate appropriations limits and the State aid subject to those limits.

The appropriations in the Budget for the 2020-21 ($85,622,731) and 2021-22 ($90,528,913) fiscal years do not exceed the limitations imposed by Proposition 4.

 
Financial Impact:
There is no fiscal impact.  The Appropriations limit do not exceed the limits set forth by Proposition 4.
Recommended Motion:
Board approval is requested for Resolution No. 21/22-02, adopting the recalculated Gann Limit for fiscal year 2020-21 and the Gann Limit calculation for 2021-22.
Attachments:
GANN Limit Calculations
GANN Limit Resolution
e. Independent Study Course Offerings (Action Item)
Quick Summary / Abstract:

Board approval is requested for the Independent Study Course offerings. Assembly Bill 130 allows attendance for the Independent Studies program to be based upon daily work completed or completion of a course at the secondary level. In order to use "course based grading",  the Independent Studies courses must be annually adopted by a resolution of the Governing Board stating that the courses are of the same rigor and educational quality as equivalent classroom-based courses, and aligned to all relevant local and state content standards.

Rationale:
Assembly Bill 130 allows attendance for the Independent Studies program to be based upon daily work completed or completion of a course at the secondary level. In order to use "course based grading", the Independent Studies courses must be annually certified by a resolution of the Governing Board stating that the courses are of the same rigor and educational quality as equivalent classroom-based courses, and aligned to all relevant local and state content standards.

Gilroy Unified School District is utilizing the Edmentum online program to ensure that courses meet these requirements. Courses are certified to meet California standards at all grade levels and high school courses used are A-G approved.

 
Financial Impact:
The Board previously approved the contract for Edmentum software.
Recommended Motion:
Board approval is requested for Independent Study Course offerings.
Attachments:
Edmentum Courses for VLA
Resolution # 21/22-03
f. INCREASE of Service Agreement with Ro Health, Inc. for the 2021-2022 School Year (not to exceed $245,760) (Action Item)
Quick Summary / Abstract:

Anna Pulido, Director of Student Services, will present the increase of service agreement with Ro Health, Inc. Services, for the 2021-2022 school year. Additional staffing is needed through Ro Health Services to coordinate and monitor the District's COVID response plan.


Rationale:

 
Comments:

Ro Health provides school districts with nurses and other medical personnel to support specialized health care needs. The Nurse Staffing Program is certified by the Joint Commission on Accreditation of Healthcare Organizations and they are a member of the National Association of School Nurses.

Additional staff is needed through RO School Health Services to monitor the District's COVID Response Plan including but not limited to the monitoring of testing protocols and contact tracing provided by qualified medical staff.

A  Registered Nurses (RN), (1)  Licensed Vocational Nurses(LVN), and (2) Certified Nursing Assistants (CNA) are required to monitor the District's testing protocol and to provide contact tracing for the  Gilroy Unified School District during the 2021-2022 school year. 

Additionally, the cost will cover the Extended School Year (ESY) costs for (2)) Licensed Vocational Nurses (LVNs).


Financial Impact:
The total service agreement amount will not exceed $245,760.
Recommended Motion:
Approval of the service agreement with Ro Health, Inc. and the Gilroy Unified School District is recommended.
Attachments:
Amendment
Rate Sheet
g. NEW CONTRACT between the Gilroy Unified School District and Avellino Lab USA, Inc. for SAR-COV-2 / COVID-19 Testing Services (Not to exceed $350,0000) (Action Item)
Quick Summary / Abstract:
Paul Winslow, Assistant Superintendent, Human Resources, will present the contract between the Gilroy Unified School and Avellino Lab USA, Inc., to provide COVID-19 testing services (polymerase chain reaction – i.e. PCR tests) for the Gilroy Unified School District.
Rationale:
Per the State Public Health Officer Order of August 11, 2021, all unvaccinated or incompletely vaccinated school workers must be tested at least once weekly.  The proposed contract with Avellino Lab USA, Inc will provide the Gilroy Unified School District with district-based services to provide weekly polymerase chain reaction testing (“PCR”) to impacted employees to comply with this order.  Additionally, due to limited testing facilities in the surrounding region, Avellino Lab USA, Inc. will be able to scale to need to provide district-based testing for students affected by quarantine rules set by the California Department of Public Health.
 
Financial Impact:

Avellino Lab USA, Inc. receives reimbursement for testing costs directly from a patient’s private insurance companies or through the federal government’s CARES act reimbursement program for those patients without insurance.  In cases where reimbursement is denied, the Gilroy Unified School District would be invoiced per this agreement. The not to exceed amount of $350,000 will be funded by ESSER II or ESSER III funds

Recommended Motion:
District staff recommend that the Board of Education approve this contract between the Gilroy Unified School District and Avellino Lab USA, Inc. to provide COVID-19 testing services for the Gilroy Unified School District.
h. RENEWAL of Master Contract with Spectrum Center, Inc. for the 2020-2021 School Year (not to exceed $ 103,322) (Action Item)
Quick Summary / Abstract:

Anna Pulido, Director of Student Services, will present the renewal of service agreement with Spectrum Center, Inc. for the 2021-2022 school year. The District has a responsibility to provide a free and appropriate public education for all of its special education students.


Rationale:

The District has a responsibility to provide a free and appropriate public education for all of its special education students. When all program options have been exhausted within  the District and the Santa Clara County Office of Education, the District must utilize the services of a non-public school (NPS) to meet the needs of students with special needs. All other program options are carefully considered for students before placement is made.

Spectrum Center, Inc. is a non-public school (NPS) located in San Jose, Ca. and offers a comprehensive educational program for school-age students with autism, emotional/behavioral disabilities, intellectual disabilities and other disabilities which require focused academic, behavioral, communication and therapeutic services


 
Comments:

Special education students are placed in a non-public school (NPS) setting when their educational and/or emotional needs go beyond what the District and County Office of Education can provide. This contract is for one (1) students that require the academic and support services Spectrum Center, Inc. can provide.

A copy of the Master Contract is provided for review. This contract meets the requirements of Section 56366 of the Education Code and is used by all districts within the SELPA. Overall, it delineates responsibilities on the part of the NPS and provisions for payment.


Financial Impact:

The total master contract  amount will not exceed $103,322.



Recommended Motion:

Approval of the service agreement with Spectrum Center, Inc. and the Gilroy Unified School District is recommended.


Attachments:
Calendar
Master Contract
Rate Sheet
i. Salary Schedule for Certificated Substitute Teachers (Special/Temporary) (Action Item)
Quick Summary / Abstract:

Paul Winslow, Assistant Superintendent of Human Resources, will present the Salary Schedule for Certificated Substitute Teachers and provide the rationale for the recommended increase.

Rationale:
Due to the state and regional shortage of certificated substitute teachers, and the additional demands for in-person substitute support, GUSD Human Resources is proposing a temporary increase in the Salary Schedule for Substitute Teachers to provide necessary substitute coverage during the District’s reopening plan.  The increase is necessary to support sites with expected increases in certificated employee absences due to reopening and the pandemic.  This increase is temporary and will be in effect from September 16, 2021 – December 31, 2021.
 
Financial Impact:
The fiscal impact cannot be determined at this time.
Recommended Motion:
GUSD Board of Education approve the Salary Schedule for Certificated Substitute Teachers as presented.
Attachments:
9.16.2021 Substitute Teacher Salary Schedule
j. Board Policy Revisions (June 2021): Second Reading (Action Item)
Quick Summary / Abstract:
The June 2021 Board Policy Revisions will be presented for approval.
Rationale:

The Gilroy Unified School District (GUSD) administrative staff and Board Members reviewed, revised, and globally adopted CSBA's Board Policies in November 2008.

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

The current Board Policy updates were presented for discussion as a first reading at the September 2, 2021 Board Meeting.

 
Recommended Motion:
Board approval is requested of the June 2021 Board Policy Updates.
Attachments:
June 2021 Board Policy Revisions
8. PUBLIC HEARING (Procedural Item)
a. Public Hearing on the Mitigated Negative Declaration for the South Valley Middle School Modernization Project (Information Item)
Quick Summary / Abstract:
Paul Nadeau, Director of Facilities, will conduct the public hearing on the Initial Study/Mitigated Negative Declaration (IS/MND) for the South Valley Middle School Modernization Project. 
Rationale:
The Gilroy Unified School District has prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the South Valley Middle School Modernization Project. The IS/MND has been circulated to the public for review according to the California Environmental Quality Act (CEQA)  section 15072 and 15073. As part of the public circulation, the District is conducting this public hearing to give the public a chance to submit comments about the IS/MND to the District. 
 
Comments:
PUBLIC REVIEW PERIOD: The District will make this Notice of Intent (NOI) and the IS/MND (pursuant to California Code of Regulations, Title 14, Section 15072) available for public review and comment from August 13, 2021 to September 12, 2021.
Financial Impact:
No fiscal impact. 
Recommended Motion:

This is a public disclosure of the Initial Study/Mitigated Negative Declaration for the South Valley Middle School Modernization Project.  

The declaration will be presented for Board action at a future meeting.

Attachments:
Notice of Intent (NOI) for South Valley MS
9. ACTION/INFORMATION REGARDING FACILITIES/MAINTENANCE (Procedural Item)
a. Presentation of Architectural Award from the Gilroy Historical Society to the Board for Brownell Middle School (Information Item)
Quick Summary / Abstract:
Paul Nadeau, Director of Facilities, will introduce Dave Matuszak from the Gilroy Historical Society to present the award. 
Comments:
The Gilroy Historical Society awarded the Gilroy Unified School District with an architectural award for its modernization project of Brownell Middle School. The award was presented to Alvaro Meza, Assistant Superintendent of Business Services/C.B.O., at a meeting of the Historical Society on July 11, 2021. David Matuszak of the Gilroy Historical Society is presenting the award to the Board on September 16, 2021.
Financial Impact:
No fiscal impact. 
b. Monthly Maintenance and Facilities Update – September 2021 (Information Item)
Quick Summary / Abstract:
Paul Nadeau, Director of Facilities, will present the monthly update.

Rationale:
Measure P was approved by the voters of Gilroy in November of 2008 and Measure E was approved by the voters of Gilroy in June of 2016. In addition, other facilities funds, such as State funds and developer fees, have been received and utilized for facilities improvements. Staff has provided periodic updates regarding proposed projects and projected costs.
 
Financial Impact:
No fiscal impact. 
Recommended Motion:
Information-only item. 
Attachments:
Monthly Maintenance and Facilities Update for September 2021
c. NEW Ratification of Contract with Kent Construction, Inc., for Classroom Modifications at Christopher High School (not to exceed $41,815.90) (Action Item)
Quick Summary / Abstract:
Paul Nadeau, Director of Facilities, will present the contract with Kent Construction, Inc., for classroom modifications at Christopher High School.
Rationale:
A classroom at Christopher High School was in need of modifications to convert it to a computer lab. The work consisted of removing some casework, a sink, repairing the flooring, removing old fixtures and installing power for furniture planned for this space. 
 
Comments:

These modifications were scoped out and contracted over the summer to be completed prior to the start of 2021-22 school year. This work is presented as a ratification because it occurred after the last Board of Education meeting of the 2020-21 school year.

Financial Impact:
If approved, $41,815.90 from the General Fund will be allocated for this contract.
Recommended Motion:
Board approval is requested for the ratification of this contract with Kent Construction, Inc., for Christopher High School.
Attachments:
1. Contract: Kent Construction for CHS classroom modification
2. Quote: Kent Construction for CHS classroom modification
d. NEW Approval of Purchase of Furniture from KI for Computer Lab at Christopher High School (not to exceed $30,327.77) (Action Item)
Quick Summary / Abstract:
Paul Nadeau, Director of Facilities, will present the quote for the purchase of furniture from KI for a classroom at Christopher High School.
Rationale:
Room 203A at Christopher High School was renovated to accommodate a computer lab. The purchase of this furniture  will accommodate the instruction of up to 36 students at desks equipped with power for the intended laptops. 
 
Financial Impact:
If approved, $30,327.77 from the General Fund will be allocated for this purchase. 
Recommended Motion:
Board approval is requested for the purchase of this furniture from KI. 
Attachments:
1. Agreement: CMAS for Christopher HS
2. Quote: KI for Christopher HS furniture
3. CHS Science Lab Room A203 project matrix BOE 9.16.21
e. NEW Approval of Contract with Earth Systems, Inc., for Geotechnical and Special Inspections for the South Valley Middle School Modernization Project (not to exceed $83,353) (Action Item)
Quick Summary / Abstract:
Paul Nadeau, Director of Facilities, will present the contract with Earth Systems, Inc., for geotechnical and special inspections for the South Valley Middle School Modernization Project.
Rationale:
Earth Systems, Inc., was selected as the geotechnical and specials inspection firm for the South Valley Middle School Modernization Project. This initial contract is expected to incur a few addendums during the course of the project, as the later increments of the project have not been fully defined and inspections specified by the Division of the State Architect (DSA). The District will submit addendums as they become available.  
 
Comments:
This contract has not been presented to the Facilities Subcommittee as the committee's September meeting has been rescheduled to after this Board meeting. 
Financial Impact:
If approved, $83,353 in Measure E funds will be allocated to this contract. 
Recommended Motion:
Board approval is requested for this contract with Earth Systems, Inc.
Attachments:
1. Contract: Earth Systems for SVMS
2. Quote: Earth Systems for SVMS
3. SVMS Project Cost Matrix 9.16.21 BOE
f. NEW Approval of Contract with Anaya Construction, Inc., for Transportation of Portable Office Building (not to exceed $4,000) (Action Item)
Quick Summary / Abstract:
Paul Nadeau, Director of Facilities, will present the contract with Anaya Construction, Inc., for the transportation of a portable office building.
Rationale:
The Santa Clara County Office of Education has offered the District a portable building for the cost of moving it off the current site (881 Line Street, Hollister). The building is in great shape and can serve the District in many forms. It contains three offices and a restroom. 
 
Comments:
This item has not been discussed with the Facilities Subcommittee as the opportunity occurred after the committee's last meeting and needs to have action taken before the committee's next scheduled meeting. 
Financial Impact:
If approved, $4,000 in Routine Restricted Maintenance funds will be allocated for this building move. 
Recommended Motion:
Board approval is requested for the contract with Anaya Construction Inc. 
Attachments:
1. Contract: Anaya Construction for portable office building
2. Quote: Anaya Construction for portable office building
g. NEW Approval of Agreement with EF&S Concrete for Mt. Madonna High School Site Improvements (not to exceed $85,376) (Action Item)
Quick Summary / Abstract:

Álvaro Meza, Assistant Superintendent of Business Services will present a quote from EF&S Concrete for Mt. Madonna High School.  The scope of services will add concrete to existing dirt area, demolishing three (3) wooden sheds, and replace these sheds with 10’ x 10’ new metal sheds.  The scope identified is specifically targeting what is believed to be harvesting insects (fleas, etc.) that is now impacting the school for the second time since 2018.

Comments:

For the second time (Sept 2018) Mt. Madonna High School has been infested with fleas.  Almost 3 years later, despite addressing some of the factors that lead to the original infestation, the school reported the same issues this August/September.  The quote from EF&S will do the following targeting what is believed to be causing an environment harvesting these insects:

1.  Remove/Demo 3 existing damaged wooden 10’x10’ sheds.

2.  Purchase and install 3 new 10’x 10’metal sheds

3.  Excavate soil to allow for 4 inches of base rock, compact and concreate approximately 9,147 square feet of existing dirt area.

Financial Impact:
If approved, $85,376 from Deferred Maintenance will allocated for this contract.
Recommended Motion:
Board approval is requested for this contract with EF&S for Mt. Madonna High School site improvements.
Attachments:
1. Contract: EFS for MMHS
2. Quote: EF&S for MMHS
3. Pictures: MMHS shed
10. BOARD MEMBER REPORTS (Information Item)
11. UPCOMING AND NEW/REFERRAL AGENDA ITEMS (Procedural Item)
Attachments:
Board Agenda Calendar October - December 2021
12. ANNOUNCEMENTS (Procedural Item)
Quick Summary / Abstract:
The next REGULAR MEETING of the Board of Education will be held on Thursday, October 7, 2021. 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., on Friday, October 1st.
a. If necessary, the Board will adjourn to closed session to continue the discussion of items in Section 2 above. (Action Item)
13. ADJOURNMENT (Action Item)

Published: September 10, 2021, 3:14 PM

The resubmit was successful.