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Notice of Regular Meeting
Benicia USD
November 19, 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)
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)
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
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 written 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: BHS ESPORTS 2020-2021 (Procedural Item)
Speaker:
Rocky Kim, Teacher
9. REPORTS - (NO ACTION REQUIRED) (Procedural Item)
9.1. Student Reports: (Procedural Item)
9.2. Superintendent Report (Procedural Item)
9.3. Board Reports (Procedural Item)
10. COMMENTS FROM MEMBERS OF THE PUBLIC (Procedural Item)
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 the Consent Calendar as presented Passed with a motion by Sheri Zada and a second by Mark Maselli.
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: November 6, 2020, Regular (Virtual) Meeting Minutes (Consent Item)
Attachments:
November 5, 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)
13. NON-CONSENT ACTION ITEMS (Action Item)
13.1. Consideration and Approval of Solano County SELPA Local Plan (Action Item)
Speaker:
Andrew Ownby, Assistant Superintendent
Rationale:

The local education agencies (LEAs) within Solano County join together pursuant to California Education Code (EC) Section 56195.1 to adopt a plan in accordance with EC Section 56205 to assure equal access to special education and services for all eligible persons with disabilities residing in the geographic area served by these agencies, hereafter known as the Solano County Special Education Local Plan Area (Solano County SELPA). In adopting the Local Plan, each participating local education agency agrees to carry out the duties and responsibilities assigned to it within the plan.

 
Recommended Motion:
It is recommended that the Board approve the revised Solano County SELPA Local Plan Section B: Governance and Administration.
Actions:
Motion
Approval of the revised Solano County SELPA Local Plan Section B: Governance and Administration as presented Passed with a motion by Mark Maselli and a second by Stacy Heldman-Holguin.
Vote:
Yes Diane Ferrucci.
Yes Stacy Heldman-Holguin.
Yes Mark Maselli.
Yes Gethsemane Moss.
Yes Sheri Zada.
Attachments:
1 Local Plan Section B: Governance and Administration
2 Certification 5: Particpating LEA (Electronically Signed by Supt after board approval)
3 Solano County SELPA Local Plan Presentation
Local Plan Governance and Administration Presentation PowerPoint
13.2. Second Reading and Approval of the Following Board Policy: BP/AR/E(3)(4) 1312.3 Williams Uniform Complaint Procedures, AR 3231 Impact Aid, BP/E 4112.9/4212.9/4312.9 - Employee Notifications, BP/AR4113 - Assignment, BP/AR 4119.43/4219.43/4319.43 - Universal Precautions, BP 4151/4251/4351 - Employee Compensation, BP/AR 5145.3 - Nondiscrimination/Harassment, BP/AR 6020 - Parent Involvement, AR 4030 - Nondiscrimination in Employment (Action Item)
Speaker:
Dr. Charles Young, Superintendent
Rationale:

Administrative Regulation 1312.4 - Williams Uniform Complaint Procedures - Regulation updated to delete material related to complaints regarding noncompliance with health and safety requirements in a license-exempt CSPP program as such complaints have been moved to BP/AR 1312.3 - Uniform Complaint Procedures, consistent with CDE's Federal Program Monitoring instrument.

Exhibit (3) 1312.3 - Williams Uniform Complaint Procedures - Exhibit presenting example of classroom notice for CSPP health and safety complaints moved to E(1) 1312.3 - Uniform Complaint Procedures, consistent with CDE's Federal Program Monitoring instrument.

Exhibit (4) 1312.3 - Williams Uniform Complaint Procedures - Exhibit presenting a sample complaint form for CSPP health and safety complaints moved to E(2) 1312.3 - Uniform Complaint Procedures, consistent with CDE's Federal Program Monitoring instrument.

Administrative Regulation 3231 - Impact Aid- New regulation addresses requirements of Title VII Impact Aid, which provides assistance to districts with concentrations of children residing on lands owned by the federal government, including Indian lands.  Districts with children residing on Indian lands are mandated to adopt policy and procedures with specified components, including, but not limited to, consultation with Indian tribes and parents/guardians of students living on Indian lands in the planning and development of programs and activities supported by Impact Aid.

Board Policy 4112.9/4212.9/4312.9 - Employee Notifications - Policy updated to make change for gender neutrality and to revise legal references to reflect corresponding revisions in the Exhibit.

Exhibit 4112.9/4212.9/4312.9 - Employee Notifications - Exhibit updates Section I (All Employees) to (1) delete cite to 2 CCR 11024 which does not directly include a sexual harassment notice requirement; (2) indicate that the notification regarding a public hearing on an alternative schedule for secondary grades is addressed in BP 6112 rather than the AR; (3) delete an item regarding the oath or affirmation for disaster service workers since law does not specifically require an employee notification; (4) indicate that the notification regarding AIDS and hepatitis B was moved from AR 4119.43/4219.43/4319.43 to the BP; (5) indicate that the notification of workers' compensation benefits is addressed in AR 4157.1/4257.1/4357.1 rather than the BP; and (6) indicate that the notification regarding the district's nondiscrimination policy and complaint procedures are addressed in AR 4030 rather than the BP. Section II (Certificated Employees) updated to expand legal cites for the reelection notice for probationary employees and broaden the item to apply to districts with less than 250 average daily attendance. Section III (Classified Employees) updated to (1) delete the dismissal notice for merit system districts since the personnel commission establishes dismissal procedures for such districts and the notice is not reflected in policy; (2) add another legal cite pertaining to the notice of employee drug testing requirements and indicate that the notification is addressed in AR 4112.42/4212.42/4312.42 rather than the BP; and (3) add a requirement to provide school bus drivers with information regarding post-accident procedures. Section V (Individual Employees Under Special Circumstances) updated to indicate that the notice on potential eligibility for workers' compensation benefits is addressed in AR 4157.1/4257.1/4357.1 rather than the BP.

Board Policy 4113 - Assignment - Policy updated to reflect NEW LAW (AB 1219, 2019) which requires annual monitoring of the assignment of certificated employees at all schools, and requires the Commission on Teacher Credentialing (CTC) to administer a statewide system that produces an annual data file of vacancies and misassignments and provides districts an opportunity to submit additional evidence that an employee is legally authorized for the assignment.  Policy also adds legal requirements to report misassignments in the school accountability report card and to use Williams uniform complaint procedures to address any complaint alleging teacher misassignment or vacancy.

Administrative Regulation 4113 - Assignment - Regulation updated to make minor corrections for gender neutrality.

Board Policy 4119.43/4219.43/4319.43 - Universal Precautions - Policy updated to include material formerly in the AR on the provision of information to employees regarding acquired immune deficiency syndrome (AIDS), AIDS-related conditions, and hepatitis B and appropriate methods to prevent exposure.  Policy also adds optional paragraph regarding the inclusion of related information in employee handbooks.

Administrative Regulation 4119.43/4219.43/4319.43 - Universal Precautions - Regulation updated to add a definition of occupational exposure and delete other unnecessary definitions.  Section on "Employee Information" moved to BP.  Section on "Infection Control Practices" revised to delete detailed requirements that are specifically applicable to employees identified as having occupational exposure, which are addressed in BP/AR 4119.42 - Exposure Control Plan for Bloodborne Pathogens, and to delete items with limited applicability in school settings.

Board Policy 4151/4251/4351 - Employee Compensation - Policy updated to delete Labor Code citation that is not applicable to public agencies and instead reflect Education Code provisions related to overtime compensation for classified employees.

Board Policy 5145.3 - Nondiscrimination/Harassment - Policy updated to reflect law prohibiting discrimination based on medical condition and to reflect NEW LAW (AB 34, 2019) which requires the district, starting in the 2020-21 school year, to post its nondiscrimination policies, and specified state and federal laws regarding discrimination, bullying, and harassment, in a prominent location on the district's web site in a manner that is easily accessible to parents/guardians and students.

Administrative Regulation 5145.3 - Nondiscrimination/Harassment - Regulation updated to reflect NEW LAW (AB 34, 2019) which requires the district, starting in the 2020-21 school year, to post its nondiscrimination policies, specified state and federal laws regarding discrimination, bullying, and harassment, and a link to CDE resources in a prominent location on the district's web site in a manner that is easily accessible to parents/guardians and students.  Regulation also reflects NEW LAW (AB 711, 2019) which requires the district to update a former student's records upon receiving government-issued documentation or a written request for a name and/or gender change.

Board Policy 6020 - Parent Involvement - Policy updated to reflect the requirements to work with parents/guardians and family members to jointly develop the district's parent involvement policy and to include strategies for family engagement in the local control and accountability plan (LCAP). For districts that receive federal Title IV funding for family engagement programs, policy adds the requirement to inform parents/guardians and organizations of the existence of the program. Policy also contains material formerly in the AR regarding the inclusion of the Title I local educational agency plan into the LCAP and the distribution of the district and school-level parent involvement policies.

Administrative Regulation 6020 - Parent Involvement - Regulation updated to revise the section on "District Strategies for Title I Schools," including moving and adding strategies under item #2 to reflect means by which the district may provide coordination, technical assistance, and other support to build school capacity for parent involvement activities, and adding strategies under item #5 to reflect means by which the district may use evaluation findings to design evidence-based strategies for more effective parent/guardian and family involvement.  Section on "School-Level Strategies for Title I Schools" revises item #7 to include strategies formerly in section on "District Strategies for Title I Schools."  Minor changes made throughout section on "District Strategies for Non-Title I Schools" to more directly reflect law.

Administrative Regulation 4030 - Nondiscrimination in Employment - 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 4119.12/4219.12/4319.12 - Title IX Sexual Harassment Complaint Procedures, rather than the complaint procedures detailed in this regulation.

 
Recommended Motion:
Approval and adoption of updated policies as presented for second reading
Actions:
Motion
Approval and adoption of updated policies as presented for second reading as presented Passed with a motion by Stacy Heldman-Holguin and a second by Mark Maselli.
Vote:
Yes Diane Ferrucci.
Yes Stacy Heldman-Holguin.
Yes Mark Maselli.
Yes Gethsemane Moss.
Yes Sheri Zada.
Attachments:
1-AR 1312.4 Williams Uniform Complaint Procedures
2- AR 3231 Impact Aid
3- BP/E 4112.9, 4212.9, 4312.9 Employee Notifications
4 - BP, AR 4113 Assignment
5 - BP 4119.43, 4219.43, 4319.43 Universal Precaustions
6 - BP 4151, 4251, 4351 Employee Compensation
7 - BP 5145.3 Nondiscrimation_Harrasment
8 - BP, AR 6020 Parent Involvement
9 - AR 4030 Nondiscrimination in Employment
13.3. Consideration and Approval of Memorandum of Understanding Between Benicia Unified School District and the Classified School Employees Association Chapter #1096 (Action Item)
Speaker:
Dr. Khushwinder Gill, Assistant Superintendent, Human Resources
Rationale:
The Benicia Unified School District (BUSD) and the Classified School Employees Association (CSEA) Chapter #1096 recognize that the COVID-19 pandemic necessitates significant modifications to the operation of schools to minimize the health risks associated with COVID-19 infection for students, staff, and their families while also providing equitable access to education for students. BUSD and CSEA #1096 jointly enter into this Memorandum of Understanding (MOU) for the Health and Safety Protocols for In-Person Learning and Small Group Instruction” regarding issues related to the coronavirus COVID-19 pandemic and the return to school during the 2020-2021 school year. 

Following any applicable public comment, staff recommends that the Board approve the “Health and Safety Protocols MOU for In-Person Learning and Small Group Instruction during the 2020-21 school year as presented.
 
Recommended Motion:
Approval of the Health and Safety Protocols MOU for In-Person Learning  and Small Group Instruction during the 2020-21 school year as present
Actions:
Motion
Approval of the Health and Safety Protocols MOU for In-Person Learning and Small Group Instruction during the 2020-21 school year as present Passed with a motion by Stacy Heldman-Holguin and a second by Gethsemane Moss.
Vote:
Yes Diane Ferrucci.
Yes Stacy Heldman-Holguin.
Yes Mark Maselli.
Yes Gethsemane Moss.
Yes Sheri Zada.
Attachments:
Health & Safety MOU CSEA and BUSD 11_2020
13.4. Reopening of Schools Plan for In-Person Hybrid Learning (Action Item)
Speaker:
Dr. Leslie Beatson, Assistant Superintendent Education Services
Rationale:

Dr. Leslie Beatson, Assistant Superintendent of Education Services, along with a team of BUSD staff, will report on the plans for returning to in-person learning.  The purpose of this report is to provide information about the health and safety measures for students and staff, the models for returning, and the proposed schedules.  

Recommendation: Board approval to implement the updated in-person hybrid learning models in a phased-in approach after the winter break, provided Solano County remains eligible via the four tier state model. 

Presentation

 
Recommended Motion:
Approval to implement the updated in-person hybrid learning models after the winter break, provided Solano County remains eligible via the four tier state model as presented
Actions:
Motion
Pending approval of the MOU with the teacher's union, the motion is to approve that we implement the updated in-person hybrid plan and small groups based on the state's eligibility. Meaning that we would have small groups in the "purple" tier and move to hybrid in "red" as soon as possible there after in January depending on state eligibility requirements Passed with a motion by Stacy Heldman-Holguin and a second by Gethsemane Moss.
Vote:
Yes Diane Ferrucci.
Yes Stacy Heldman-Holguin.
No Mark Maselli.
Yes Gethsemane Moss.
No Sheri Zada.
13.5. Consideration and Approval of the attached contracts for the positions of Assistant Superintendent of Education Services for Dr. Leslie Beatson and Assistant Superintendent of Human Resources for Dr. Khushwinder Gill (Action Item)
Speaker:
Dr. Charles Young, Superintendent
Rationale:
The Board is being asked to approve the two attached contracts for the Assistant Superintendent of Education Services, Dr. Leslie Beatson and the Assistant Superintendent of Human Resources, Dr. Khushwinder Gill.
 
Recommended Motion:
Approval of Contracts of Employment as presented
Actions:
Motion
Approval of Contracts of Employment as presented Passed with a motion by Stacy Heldman-Holguin and a second by Mark Maselli.
Vote:
Yes Diane Ferrucci.
Yes Stacy Heldman-Holguin.
Yes Mark Maselli.
Yes Gethsemane Moss.
Yes Sheri Zada.
Attachments:
Assistant Superintendent of Education Services Contract
Assistant Superintendent of HR Contract
13.6. Consideration and Approval of the Early Notification Retirement Incentive (Action Item)
Speaker:
Dr. Khushwinder Gill, Assistant Superintendent, Human Resources
Rationale:
In order to assist the District in planning for the upcoming school year, and to assist the District in recruiting the most highly qualified employees for the 2021-22 school year, the Benicia Unified School District is offering an Early Notification of Retirement Incentive to all certificated and classified employees.

The Benicia Unified School District will provide a one-time early notification of retirement bonus of $1,500 to any full-time certificated or classified employee who notifies the District of their intent to retire their employment effective upon completion of their 2020-21 contracted work year. This bonus applies only to certificated and classified employees who fully retire their employment in writing from the District prior to the deadline of 4:30 PM on Friday, January 15, 2021. Unit members who are employed on a part-time basis will receive a prorated bonus payment (i.e., 60% FTE=$900). Upon receipt by the Human Resources Department, the letter of intent will become non-revocable.
 
Recommended Motion:
Approval of the Early Notification of Retirement Incentive Bonus
Actions:
Motion
Approval of the Early Notification of Retirement Incentive Bonus Passed with a motion by Sheri Zada and a second by Gethsemane Moss.
Vote:
Yes Diane Ferrucci.
Yes Stacy Heldman-Holguin.
Yes Mark Maselli.
Yes Gethsemane Moss.
Yes Sheri Zada.
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: November 13, 2020, 2:21 PM

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