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Notice of Regular Meeting
Benicia USD
October 01, 2020 6:00PM
In Compliance with Executive Order N-29-20 and N-35-20 issued by Governor Newsom on March 12th and 21st, 2020 respectively, this meeting will be Livestreamed and recorded via the BUSD YouTube channel linked here: https://www.youtube.com/c/beniciaunifiedschooldistrict Meeting will be conducted via Zoom from the Benicia Unified District Board Room 350 East K Street Benicia, CA 94510

1. CALL TO ORDER - 6:00 p.m. (Procedural Item)
2. ROLL CALL (Procedural Item)
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS (Procedural Item)
Quick Summary / Abstract:
For this meeting public comments may be submitted via a google form on this link that will be opened from 5:00pm to  6:00pm and must be submitted using the following link: https://forms.gle/DnkdjWBXpuvoHGmo6

4. CLOSED SESSION - 6:00 P.M. (Procedural Item)
4.1. Public Employment/ Action/ Appointment/ Discipline/ Dismissal/ Evaluation / Release (Action Item)Confidential agenda item.
4.2. Conference with Labor Negotiators (Procedural Item)Confidential agenda item.
4.3. Individual Student Matter(s)/ Student Need(s) (Procedural Item)Confidential agenda item.
5. RECONVENE TO OPEN SESSION - 7:00 P.M. (Procedural Item)
5.1. Report on Closed Session Items (Action Item)
5.2. Announcement (Procedural Item)
Quick Summary / Abstract:
This meeting is recorded for live-streaming and archiving on the District YouTube channel at youtube.com/c/beniciaunifiedschooldistrict for your convenience.
6. PLEDGE OF ALLEGIANCE (Procedural Item)
7. APPROVAL OF AGENDA (Action Item)
Actions:
Motion
Approval of the Agenda as presented Passed with a motion by Mark Maselli and a second by Sheri Zada.
Vote:
Yes Diane Ferrucci.
Yes Stacy Heldman-Holguin.
Yes Mark Maselli.
Yes Gethsemane Moss.
Yes Sheri Zada.
8. HIGHLIGHT: BUSD Libraries (Procedural Item)
9. REPORTS - (NO ACTION REQUIRED) (Procedural Item)
9.1. Superintendent Report (Procedural Item)
9.2. Board Reports (Procedural Item)
10. COMMENTS FROM MEMBERS OF THE PUBLIC (Procedural Item)Was edited within 72 hours of the Meeting
Quick Summary / Abstract:

Public Comment – Members of the public may submit comments on items on the agenda, and any item within the jurisdiction of the school district in the following manner for meetings during the Shelter-in-Place Executive Order: Via a google form on this link: https://forms.gle/DnkdjWBXpuvoHGmo6 that will be opened to the public from 6:00 to 7:00 pm on the day of the meeting.

The Governing Board allows speakers to speak at regular meetings on agendized and non-agendized matters under public comment. Comments are limited to no more than three minutes per speaker. By law, no action may be taken on any item raised during the public comment periods and matters may be referred to staff for placement on a future agenda of the Governing Board.

11. CONSENT CALENDAR - ACTION ITEMS (Consent Agenda)
Recommended Motion:
Approve the Consent Calendar as presented.
Actions:
Motion
Approval of the Consent Calendar as presented. Passed with a motion by Mark Maselli and a second by Gethsemane Moss.
Vote:
Yes Diane Ferrucci.
Yes Stacy Heldman-Holguin.
Yes Mark Maselli.
Yes Gethsemane Moss.
Yes Sheri Zada.
Quick Summary / Abstract:
All matters listed under the Consent Calendar are considered by the Board to be routine and will be approved by the Board in one motion. There will be no discussion on these items unless members of the Board, staff or public request specific items to be pulled and discussed.
11.1. Minutes for the Meetings of: September 17, 2020 (Consent Item)
Attachments:
September 17, 2020 Regular (Virtual) Meeting Minutes
11.2. Approval of Personnel Action List (Consent Item)
Attachments:
PAL Summary
PAL Summary ADD
12. DISCUSSION ITEMS (Procedural Item)
12.1. Student Engagement and Progress (Discussion Item)
Speaker:
Stephanie Rice, Director of Education Services
Rationale:

Mrs. Stephanie Rice, Director of Education Services, will present an update of student academic progress for the first five weeks of school.  The purpose of this presentation is inform the public of how students are progressing, the District's plan for monitoring student progress and the supports for students who are struggling.  

Presentation

 
12.2. Social-Emotional Learning Update (Discussion Item)
Speaker:
Julie Corona, Director of Student Services and Special Education
Rationale:

Ms. Julie Corona, Director of Student Services and Special Education, will report on supports for student and staff mental well being. The purpose of this report is to highlight supports that are provided and can be accessed by students, staff and families and how BUSD is responding to people experiencing difficulty. 

Presentation

 
12.3. First Reading of the Following Board Policy: BP/AR/E(1)(2) 1312.3 Uniform Complaint Procedures, BP/AR 4119.11/4219.11/4319.11, Sexual Harassment, AR 4119.12/4219.12/4319.12 Title IX Sexual Harassment Complaint Procedures, AR 5145.3 Nondiscrimination/Harassment, BP/E 5145.6 Parental Notifications, BP/AR 5145.7 Sexual Harassment, AR 5145.71 - Title IX Sexual Harassment Complaint Procedures (Discussion Item)
Speaker:
Dr. Khushwinder Gill, Assistant Superintendent, Human Resources
Rationale:

Board Policy 1312.3 - Uniform Complaint Procedures - Policy updated to add medical condition as a characteristic that is protected from discrimination, reflect NEW LAW (SB 75, 2019) which extends the use of uniform complaint procedures (UCP) to complaints alleging noncompliance with the physical education instructional minutes requirement for grades 7-12, and add an item indicating the use of the UCP for complaints regarding health and safety in a license-exempt California State Preschool Program (CSPP) consistent with CDE's Federal Program Monitoring Instrument.

Administrative Regulation 1312.3 - Uniform Complaint Procedures - Regulation updated to reflect NEW LAW (SB 75, 2019) which extends the use of UCP to complaints alleging noncompliance with the physical education instructional minutes requirement for grades 7-12, and to add a section reflecting requirements for complaints alleging noncompliance with health and safety standards for CSPP programs, formerly in AR 1312.4 - Williams Uniform Complaint Procedures.

Exhibit (1) 1312.3 - Uniform Complaint Procedures - New exhibit presents a sample notice, formerly in E(3) 1312.4 - Williams Uniform Complaint Procedures, regarding health and safety standards in license-exempt CSPP programs and available complaint procedures.

Exhibit (2) 1312.3 - Uniform Complaint Procedures - New exhibit presents a sample complaint form, formerly in E(4) 1312.4 - Williams Uniform Complaint Procedures, for complaints alleging that a license-exempt CSPP program does not comply with health and safety standards.

Board Policy 4119.11/4219.11/4319.11 - Sexual Harassment - Policy updated to reflect NEW FEDERAL REGULATIONS (85 Fed. Reg. 30026) which require that complaints of behavior that meets the federal definition of sexual harassment be addressed through new Title IX complaint procedures. Title of compliance officer changed to Title IX Coordinator pursuant to federal regulations, and responsibility assigned to Title IX Coordinator to receive complaints and determine the appropriate complaint procedure to use

Administrative Regulation 4119.11/4219.11/4319.11 - Sexual Harassment - Regulation updated to reflect NEW LAW (SB 778, 2019) which (1) requires a district with five or more employees to provide two hours of sexual harassment training to supervisory employees and one hour of sexual harassment training to nonsupervisory employees by January 1, 2021 and every two years thereafter, and (2) requires new nonsupervisory employees and employees promoted to supervisory positions to receive the training within six months of hire or promotion. Regulation also reflects NEW FEDERAL REGULATIONS (85 Fed. Reg. 30026) which require the district to designate a Title IX Coordinator and disseminate the Coordinator's contact information.

NEW - Administrative Regulation 4119.12/4219.12/4319.12 - Title IX Sexual Harassment Complaint Procedures - New regulation reflects NEW FEDERAL REGULATIONS (85 Fed. Reg. 30026) which establish a Title IX complaint procedure for addressing complaints of behavior that meets the federal definition of sexual harassment.  Regulation describes the types of behavior subject to these complaint procedures, the process for filing a complaint with the Title IX Coordinator, the requirement to offer supportive measures to the complainant, the option for the parties to participate in an informal resolution process, required notifications, the investigation process, issuance of a written decision, the right to appeal the decision, and the requirement to maintain records of sexual harassment complaints and training materials for seven years.

Administrative Regulation 5145.3 - Nondiscrimination/Harassment - Regulation updated to reflect NEW FEDERAL REGULATIONS (85 Fed. Reg. 30026) which require that allegations of sexual harassment that meet the federal definition be investigated through Title IX complaint procedures, as described in AR 5145.71 - Title IX Sexual Harassment Complaint Procedures, rather than the district's uniform complaint procedures.

Board Policy 5145.6 - Parental Notifications - Policy updated for gender neutrality and to update legal references based on new laws reflected in the accompanying exhibit.

Exhibit 5145.6 - Parental Notifications - Exhibit updated to reflect NEW LAW (SB 74, 2020) which extends the suspension of certain mandated activities through the 2020-21 school year; reflect NEW FEDERAL REGULATION (85 Fed. Reg. 30026) which requires notice of the contact information of the district's Title IX Coordinator; delete legal cites for the Open Enrollment Act, which is no longer operational; delete reference to BP 5141.33 which is no longer applicable to exclusions from school; reflect NEW LAW (SB 1109, 2018) which requires dissemination of an opioid fact sheet to parents/guardians of student athletes; reflect NEW LAW (AB 2370, 2018) which requires child care centers with buildings constructed before 2010 to test drinking water for lead and notify parents/guardians of the results of that test; add notice requirements for districts receiving Impact Aid for children residing on Indian lands; reflect NEW FEDERAL REGULATION (85 Fed. Reg. 30026) which requires notifications to the parents/guardians of a student who complains of sexual harassment regarding rights, the complaint process, and the availability of supportive measures; and move the classroom notice requirement pertaining to complaints about health and safety in California State Preschool Programs to AR/E 1312.3 - Uniform Complaint Procedures consistent with CDE's Federal Program Monitoring instrument.

Board Policy 5145.7 - Sexual Harassment - Policy updated to include examples of actions to reinforce the district's sexual harassment policy, consistent with NEW LAW (AB 34, 2019) which requires posting the sexual harassment policy on the district's web site and NEW LAW (AB 543, 2019) which requires displaying a poster and providing the sexual harassment policy in student orientations. Policy also reflects NEW FEDERAL REGULATIONS (85 Fed. Reg. 30026) which require that complaints of behavior that meets the federal definition of sexual harassment be addressed through new Title IX complaint procedures. Title of compliance officer changed to Title IX Coordinator throughout policy pursuant to federal regulations.

Administrative Regulation 5145.7 - Sexual Harassment - Regulation updated to reflect NEW FEDERAL REGULATIONS (85 Fed. Reg. 30026) which amend the process for resolving complaints of sexual harassment, including, but not limited to, requirements to designate a Title IX Coordinator and disseminate the Coordinator's contact information. Regulation also reflects NEW LAW (AB 543, 2019) which requires the district to create a poster notifying students of the district's sexual harassment policy and to display the poster in specified locations, and requires the district to provide a copy of the policy to students as part of any orientation program for new and continuing students. Regulation reflects NEW LAW (AB 34, 2019) which requires the district to post the district's sexual harassment policy and the definition of sexual harassment in a prominent location on the district's web site.  

NEW - Administrative Regulation 5145.71 - Title IX Sexual Harassment Complaint Procedures - 
New regulation reflects NEW FEDERAL REGULATIONS (85 Fed. Reg. 30026) which establish a Title IX complaint procedure for addressing complaints of behavior that meets the federal definition of sexual harassment.  Regulation describes the types of behavior subject to these complaint procedures, the process for filing a complaint with the Title IX Coordinator, the offer of supportive measures to the complainant, the option for the parties to participate in an informal resolution process, required notifications, the investigation process, issuance of a written decision, the right to appeal the decision, and the requirement to maintain records of sexual harassment complaints and training materials for seven years.
 
Attachments:
1-BP/AR/E(1&2) 1312.3
2-BP, AR - 4119.11, 4219.11, 4319.11
3-AR 4119.12, 4219.12, 4319.12
4-AR 5145.3
5-BP, E 5145.6
6-BP, AR 5145.7
7-AR 5145.71
13. NON-CONSENT ACTION ITEMS: None (Action Item)
14. ADJOURNMENT (Procedural Item)
Disability Information:
In compliance with the American with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact Georgina Martinez at 747-8300, ext. 1211. Notification 48 prior to the meeting will enable the District to make reasonable arrangement to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).

Published: September 28, 2020, 2:51 PM

The resubmit was successful.