Regular Meeting of the Board of Education Milpitas USD November 15, 2016 6:00PM 6:00 p.m. Closed Session
7:00 p.m. Open Session
Board Room, Building 500
1331 East Calaveras Blvd.
Milpitas, CA 95035
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_____ Gunawan Alisantosa, Board President _____ Robert Nuñez, Vice-President _____ Dan Bobay, Clerk of the Board _____ Chris Norwood, Board Member _____ Danny Lau, Board Member _____ Alan Pham, Student Board Representative |
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The Board may delete items from its posted agenda and may also add items to its posted agenda, pursuant to Govt. Code 54954.2, if such items to be added arise out of “emergency situations”, as defined under Govt. Code Sec. 54956.5.
Approve the November 15, 2016 Closed Session Agenda Motion:_____ Second: _____ Action:______
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The Board will hear comments from the public that are NOT on the agenda.
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The meeting will adjourn to closed session to discuss and/or to take action on the following items. This part of the agenda is closed to the public.
PERSONNEL (Pursuant to Government Code Section 54957) - Discipline/dismissal/release - Public Employment: - Interim Superintendent
- Interim Directors
- Executive Director - Assistant Superintendent - Director - Negotiations - MTA Negotiator: Cheryl Jordan, Interim Superintendent
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The meeting will reconvene in open session.
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The Board may delete items from its posted agenda and may also add items to its posted agenda, pursuant to Govt. Code 54954.2, if such items to be added arise out of “emergency situations”, as defined under Govt. Code Sec. 54956.5.
Approve the November 15, 2016 Open Session Agenda Motion:_____ Second: _____ Action:______
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Report on action(s) taken in Closed Session, if required, pursuant to CA Govt. Code Section 54957.1, including abstentions, if any by Board members present.
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The Board will hear comments from the public that are not on the agenda.
The Board welcomes public input on all agenda items prior to Board deliberation. Board members recognize and agree that public input is just one element of the Board decision making process and that public input should inform the Board but not necessarily influence the Board's decision making process as it pertains to making a balanced and informed decision based on best practices, staff recommendations and budget responsibilities.
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Per Board Bylaw 9001, amended on 1/12/16, Board members and the Superintendent agree to
1. Ask questions for their own understanding
2. Be open and honest with each other
3. Be aware that their behavior in the Milpitas community reflects on them as a team.
4. Communicate proactively with each other about topics, questions, and challenges in advance of public board meetings in compliance with the Brown Act.
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- Community College Extension Champion -- Ron Lind - Burnett Unity Day Team Teachers and Students
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Members of the Executive Cabinet will have recent significant information to present to the Governing Board on topics that are not on the agenda. Reports are limited to 3 minutes each. Business Services Learning and Development Human Relations
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BACKGROUND: We are sharing with the Board a presentation for understanding the strategic and tactical technology use in the district. The Technology Update Presentation will give an overview on the following:
- Introduction and background on the past and present state of technology - Roadmap - Future Direction - Recurring and Near Term Capital Expenditures - Stats - goo.gl/u17wbw
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Listen to the report and ask questions.
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STAFF: Chin Song Director, Technology Services
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Technology Update
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1) Conduct public hearing Open the public hearing Motion_____ Second _____ Action_____
Close the public hearing Motion_____ Second _____ Action_____
2) Adopt Resolution 2017.23 approving a School Facilities Needs Analysis and consider the adoption of alternative school facility fees Motion_____ Second _____ Action_____
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BACKGROUND: The Board approved the collection of Level II school facility fees on November 24, 2015. School districts must re-qualify for Level II fees annually. A School Facilities Needs Analysis has been prepared for this year and the District is justified in collecting $4.15 per square foot.
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1) Conduct a public hearing
2) Adopt the Level II alternative school facility fees for residential developments in the amount of $4.15. This fee is effective for one year beginning November 16, 2016. |
STAFF:
Wendy Zhang Assistant Superintendent, Business Services
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Resolution 2017.23 Approval of a School Facilities Needs Analysis & Consideration of Adoption of Alt. Schl Facility Fees Resolution 2017.23 MUSD School Facilities Needs Analysis
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Cheryl Jordan, Interim Superintendent |
BACKGROUND: In the November 8, 2016 elections, Board member Bob Nuñez, was elected to serve on the Milpitas City Council. This will create a vacancy on the Board beginning December 13, 2016. The procedures for filling this vacancy are outlined in Board Policy 9223 (attached). Staff would like direction on the following: - Number of weeks the Board would like to have the vacancy advertised to the Milpitas community
- Due date for community members to submit applications for the position
- The two Board members who will review applications and select those for interviews with the Board
- Date for the Board to conduct interviews of selected applicants
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STAFF: Cheryl Jordan Interim Superintendent
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Board Policy 9223 Filling Vacancies on the Board
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Motion:_____ Second:_____ Action:_____ |
BACKGROUND: On behalf of the District, the construction manager, Blach, requested bids for the construction of the modular buildings for the new elementary school on October 17, 2016. A bid was received on November 9, 2016. The base bid from Jeff Luchetti Construction is $8,813,000. Blach conducted a post bid interview to assure the bid was complete and met all of the District’s contract requirements. Attached is the bid tab for your review.
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Award Jeff Luchetti Construction for the new elementary phase I construction of the modular buildings.
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$3.95 million from Bond Fund 211 and $4.86 million from Developer Fee Fund.
STAFF: Joe Flatley Director, Facilities Modernization
Wendy Zhang Assistant Superintendent, Business Services
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Agreement Bid Tab Schedule Summary of Work
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Cheryl Jordan, Interim Superintendent |
Motion:_____ Second:_____ Action:_____
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BACKGROUND: The Milpitas Teachers Association (MTA) would like to re-open negotiations per Article 23.5 Reopener Negotiations of the 2014-17 MTA collective bargaining agreement (CBA) with the Milpitas Unified School District (the District): Article 23.5 Reopener Negotiations: Either party may request to reopen negotiations for the 2015-2016 and 2016-2017 school years over Article 5 (Compensation), by submitting its initial proposal to the other party by September 1, 2015 and 2016 respectively. The parties agree that reopening on Article 5 may include modifications to Article 18 (Retirement Benefits Program) if agreed upon. MTA would like to discuss compensation as indicated in the attached letter from MTA President, Diana Orlando.
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It is recommended that the Board of Education receive the request for a re-opener on compensation as allowed in the CBA, and conduct a public hearing on December 13, 2016 at 7:00 PM.
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Depends on outcome of negotiations.
STAFF: Cheryl Jordan Interim Superintendent
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MTA to MUSD Request for Re-opener Per Article 23 of 2014-17 Collective Bargaining Agreement
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Cheryl Jordan, Interim Superintendent |
Motion:_____ Second:_____ Action:_____ |
BACKGROUND: Between August 22 and October 6, 2016 there were 117 unfilled substitute requests. Various staff in-services/trainings had difficulty in recruiting and maintaining a large pool of substitutes during a robust local economy were factors in the District’s inability to fill the vacancies. In October 2016, staff completed a Daily Sub Rate survey of local school districts. MUSD pay was second to last among 18 neighboring comparison districts. Another factor in staff’s inability to fill substitute vacancies was the Daily Sub Rate, and at its meeting held on October 25, 2016, the Board approved the staff’s recommendation to raise it as follows effective November 1, 2016: - Class A Daily - $155;
- Class B Daily - $165;
- Long Term (>30 days retro to the first day of service) Class A $170;
- Long Term (>30 days retro to the first day of service) Class B $180.
At that meeting three substitute teachers spoke about the time involved in substituting on a long-term assignment that exceeds the typical substitute responsibilities such as time at home to grade assignments and plan lessons. While not required, some long-term subs also participate in evening events such as Parent Nights and Parent Teacher Conferences. The Board requested that staff return with a proposal to increase the compensation for long-term substitutes, as well as a recruitment and retention plan. In 2015-16, there were 11 teachers out on extended family and medical leaves, two of the assignments were filled by more than one substitute due to a shortage of those with regular teaching credentials (non-substitute permits). In 2016-17, there are 10 teachers who have or who are scheduled to take extended family and medical leaves. Staff would like to propose the following increase to the long-term substitute pay (budget impact $39,152): - Class A Long-term - $200 (>21 days retro to the first day of service, 21 days was the threshold, prior to 11/1/16)
- Class B Long-term - $210 (>21 days retro to the first day of service)
Additionally, staff would like to recommend a pilot day-to-day substitute procurement strategy: Recruit two substitute teachers, one for secondary and one for elementary, who are considered to be exceptional based on teacher requests, credentials, and evaluations. Contract with the two teachers so that they are on-call and will accept MUSD positions when requested at a compensation rate of $200 per day. These two teachers would be required to participate in staff development days (budget impact is $13,643). The success of this incentive would be determined by the number of days the teachers were hired to fill vacancies for the remainder of 2016-17. Recruiting and Retention Plan: Utilize the new Teaching Permit for Statutory Leave (TPSL) This new teaching permit was approved by the California Commission on Teacher Credentialing on August 16, 2016 and will allow the holder to serve the entire duration of a family and medical leave-based absence. As there are a variety of requirements, staff is exploring this permit as an option for dedicated substitutes who meet the following requirements: - Bachelor’s degree
- Basic Skills (CBEST)
- Subject matter competence which must be verified with transcripts, degrees or exams in the subject
- TPSL preparation, orientation, mentoring, and ongoing support of teacher
The interested substitutes must complete 45 hours of district-provided preparation regarding classroom management and curriculum prior to MUSD applying for the TPSL on behalf of the substitute. The substitute must take an additional 45 hours of training before each renewal. The district must adhere to strict guidelines on the amount and frequency of the type of support given to new TPSL teachers including lesson plans, etc. TPSL's can only be used to cover statutory leaves (pregnancy, sick leave, Family Medical Leave Act, California Family Leave Act, industrial accident and illness leave). This would widen the substitute eligibility pool for long-term substitute positions. The Santa Clara County Office of Education is in the process of creating a preparation course that will meet these requirements, but has not yet determined the cost. This solution will take time to implement as we will want to pursue the feasibility of developing our own training program in order to make the best decision about cost in comparison to the program that the SCCOE creates. Create MUSD Substitute PD Workshop Series and Support Team This would provide substitute teachers professional development, a network for strategy exchange, and a stronger sense of personal connection to MUSD. It would provide a means for more of our substitutes to meet the training requirement needed to qualify as a Class B substitute if the substitute is not a former MUSD teacher. Budget impact depends on the number of hours required for PD and the cost of MUSD staff time to design the series. Estimated cost is $200 for MUSD staff time per 1.5 hour workshop, $1,000 for 5 workshops.
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Approve long-term substitute compensation increase and pilot on-call substitute compensation |
$53,795 to funds allocated from Substitute Budget (includes $1,000 for PD)
STAFF: Cheryl Jordan Interim Superintendent
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Santa Clara County, Fremont Unified and Newark Unified Substitute Compensation Comparison Fall 2016
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Consent items are considered routine and will be acted upon by the Board in one motion. There is no discussion on these items prior to the motion unless members of the Board, staff, or public request that specific items be tabled, or removed for discussion or correction.
Motion: ___ Second:____ Action:___ |
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BACKGROUND: The district has received notification from the California Department of Education that the Carl D. Perkins Career and Technical Education Improvement Act of 2006 Grant Program for July 1, 2016 to June 30, 2017 has been approved. The Board is required to formally accept this grant.
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Approve acceptance of the 2016-2017 grant for continued funding through the Carl D. Perkins Career and Technical Education Improvement Act of 2006.
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Positive grant funding: $46,586 Carl Perkins Grant 2016-2017 STAFF:
Norma Rodriguez Assistant Superintendent, Learning & Development Philip Morales Principal, Milpitas High School Andrea Hutchison California Partnership Academies, CTE Lead
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Carl. D. Perkins GAN 2016-17
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BACKGROUND: iLit is a research based, comprehensive reading intervention program specifically designed for students in grades 4th-10th identified as Long Term English Learners (LTEL) and/or students at-risk of becoming Long Term English Learners. Weller, Zanker, Rancho, Russell, MHS, and Cal Hills are currently piloting the program through May 2017. In order to get a deeper use of the materials, iLit will provide two full days of professional development that include a full coaching cycle with the following components: expert pre-demonstration, demonstration/ modeling session and a post-demo meeting, followed by guided planning teacher pre-observation meeting, observations of teachers in MUSD classrooms, and post observation feedback.
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Review and approve the proposal for professional development with Pearson.
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$3,800.00 from fund 420300
STAFF: Norma Rodriguez Assistant Superintendent, Learning and Development Venus Cenizal Coordinator, Learning and Development
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Milpitas_iLit_PD_10_31_16
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BACKGROUND:
Investment Portfolio In compliance with the State of California Government Code, the County Investment Portfolio report is presented to you for review and acceptance. The detailed reports are for the period from April 1, 2016 through June 30, 2016.
PARS Alternative Retirement System
The District Alternate Retirement System (ARS) Plan covers part-time, seasonal and temporary employees in lieu of Social Security. This account is in a pooled account managed by the Trustee, Union Bank of California, under the direction of the District. The monthly PARS account statements are for the periodfrom April 1, 2016 through June 30, 2016.
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Review and accept the County of Santa Clara Treasury Investment Report.
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STAFF:
Wendy Zhang Assistant Superintendent, Business Services
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4th Quarter Investment Report
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BACKGROUND:
The District solar panels, in addition to generating clean energy, are producing Renewable Energy Credits (RECs). One credit is produced for every one mega-watt-hour of energy. Our system will produce thousands of RECs each year. 3Degrees has been purchasing RECs from our District since 2010. They are currently purchasing RECs at $4.50 per REC, which are above-market prices. We would like to renew our contract with them.
Please see attached proposal from 3Degrees. The term of the purchase would be dependent on the term Silicon Valley Power selects for the next iteration of the program, either 3 or 5 years. A 5-year contract would be more beneficial for our District.
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Review and approve the proposal from 3Degrees Group Inc.
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Revenue is estimated at $20,000.00 per year.
STAFF: Wendy Zhang Assistant Superintendent Business Services
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3Degrees Proposal
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BACKGROUND:
District staff obtained a proposal from American Modular Systems for two 12 x 40 DSA-approved portable storage rooms. They will be used by the physical education and athletics department at Milpitas High School and will be located west of the mini gymnasium. The contract is piggybacked with Santa Rita Union School District High Performance Facilities contract. The total cost is $97,880 for both portables.
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Approve the purchase of two portable storage rooms from American Modular Systems.
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$97,880 from Bond Fund 211
STAFF:
Joe Flatley Director, Facilities Modernization Wendy Zhang Assistant Superintendent, Business Services
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American Modular quote MHS Girls' Storage room portables
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BACKGROUND:
On behalf of the District, the construction manager obtained informal proposal for electrical work at the Rose and Randall elementary school portables. The quote for $17,379 includes the purchase and installation of all materials and equipment required for the fire alarm, clock and speaker standards and specifications, along with final testing and certification.
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Approve the proposal for electrical work (fire alarm, clock, and speaker) from Electrical- Sound & Signal, Inc. at Rose and Randall Elementary Schools' new portables
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$17,379 from Bond Fund 211
STAFF:
Joe Flatley Director, Facilities Modernization Wendy Zhang Assistant Superintendent, Business Services
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Sound & Signal Electrical Quote- Rose and Randall Portables
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Cheryl Jordan, Interim Superintendent |
BACKGROUND: During the months of September and October 2016, the facilities and construction project work did not necessitate the management of a full-time director for Facilities and Modernization. As a result, Director, Joe Flatley voluntarily reduced his hours to half-time. In lieu of layoff, the District and Mr. Flatley have signed the attached agreement for a temporary reduction of hours waiving his rights that would have been afforded to him if the District had elected to execute a layoff. Education Code section 45101(g) expressly permits “‘[l]ayoff for lack of funds or layoff for lack of work,’” including “any reduction in hours of employment or assignment to a class or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff.” Mr. Flatley has resumed his full-time work hours as of November 1, 2016.
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Approve the agreement for a reduction in work hours retroactively effective September 1, 2016 thru October 31, 2016 between Mr. Flatley and the District.
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Approximately $14,700 savings
STAFF:
Cheryl Jordan Interim Superintendent
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Agreement for Temporary Reduction in Hours, 11.7.16
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Sinnott Elementary School - 92 students to visit the San Juan Bautista Mission on February 10, 2017, returning on the same date. Transportation by chartered bus. Bus insurance will expire on 12/31/16. Approval of this field trip is conditional upon receipt by the Business Office current insurance by 2/10/2017.
Rancho Middle School - 135 students to visit Monterey Bay Aquarium on December 6, 2016, returning on the same day. Bus transportation acceptable to the district.
Milpitas High School - 56 students to visit CA Academy of Sciences in San Francisco on January 19, 2017, returning on the same day. Bus transportation acceptable to the district.
Milpitas High School - 24 students to travel to Aptos, CA on March 17, 2017, returning on March 18, 2017 to participate in a band competition and attend Santa Cruz Jazz Festival. Students will be transported by private vehicles. Milpitas High School - 4 students to travel to the University of Texas in Austin, TX on December 1, 2016, returning on December 4, 2016, to participate in the competition at the 2016 University of Texas Longhorn Classic Speech and Debate Tournament. Students will be transported by private vehicles. Milpitas High School - 9 students to travel to La Costa Canyon High School in Carlsbad, CA on December 8, 2016, returning on December 12, 2016 to participate in the La Costa Canyon Debate Tournament. Students will be transported by private vehicles.
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(Public) field trips 11.15.16 (2) field trips 11.15.16
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This part of the agenda provides School Board members the opportunity to report on their activities as elected representatives. School Board members may request the placement of items in future Board agenda, relay information from the community, or request information from staff. The student Board representative reports on school and student activities.
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December 13, 2016 - Closed Session: TBD Open Session: 7:00 p.m. Organizational Meeting - Regular Board Meeting - 1331 East Calaveras Blvd., Board Room, Bldg. 500
January 10, 2017 - Closed Session: TBD Open Session: 7:00 p.m. Regular Board Meeting - 1331 East Calaveras Blvd., Board Room, Bldg. 500 January 24, 2017 - Closed Session: TBD Open Session: 7:00 p.m. Regular Board Meeting - 1331 East Calaveras Blvd., Board Room, Bldg. 500
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Individuals who require special accommodation should contact the Superintendent’s Office at (408) 635-2600 ext 6013 at least two business days before the meeting date.
All disclosable public records related to an agenda item for discussion in open session of a regular meeting of the Board of Education and distributed to all or majority of the Board members less than 72 hours prior to that meeting, shall be made available for public inspection at the same time the writing is distributed to all or majority of the Board members. Any such writings will be made available for public inspection during business hours in the Superintendent’s Office Bldg. 100, 1331 East Calaveras Blvd., between 8:00 a.m. and 5:00 p.m. Barring technical difficulties, such writings will also be posted on the District’s web site at www.musd.org. |
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