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Regular Meeting of the Board of Education
Milpitas USD
June 23, 2020 5:00PM
Virtual Zoom Meeting Closed Session 5 p.m. Open Session 7 p.m. Please use the link below to join the webinar: https://zoom.us/j/98225166140?pwd=S3BWY0tOalllNUx3b1R2R0ZJbHJrUT09 Password: 9SCjku Or iPhone one-tap : US: +16699009128,,98225166140#,,,,0#,,840450# or +12532158782,,98225166140#,,,,0#,,840450# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799 or +1 312 626

1. CALL MEETING TO ORDER
2. ROLL CALL
Quick Summary / Abstract:

_____ Hon Lien
_____ Chris Norwood
_____ Minh Ngo
_____ Kelly Yip-Chuan
_____ Michael Tsai
_____ Kush Brahmbhatt, MHS student rep
_____ Timothy Griggs, CHHS student rep





3. REVIEW AND APPROVE THE CLOSED SESSION AGENDA
Quick Summary / Abstract:

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.

Motion:_____   Second: _____   Action:______

4. COMMENTS FROM THE PUBLIC
Quick Summary / Abstract:
Members of the public may address the Board on any subject not on tonight's agenda; however, provisions of the Brown Act (Government Code 54954.2(a) and .3) preclude any action. As an unagendized item, no response is required from the Board or District staff and no action can be taken; however, the Board may instruct the Superintendent to agendize the item for a future meeting. 

If you would like to address the Board on any item on the agenda or one that does not appear on the agenda, please goto www.musd.org, complete the Public Comments contact form, and click submit. For items not on the agenda, your comment will be read into the record under the "Comments from the Public" portion on the agenda. For items on the agenda, your comment will be read at the time of that item. The District asks for contact information from all those wishing to speak so staff can follow up on issues brought to our attention. Thank you for your participation in this civic engagement.

5. CLOSED SESSION
Quick Summary / Abstract:

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. 

5.A. Personnel (Pursuant to Government Code Section 54957): --Public employee discipline/dismissal/release --Public Employment --Employee Evaluation: Superintendent
6. RECONVENE IN OPEN SESSION
7. CLOSED SESSION ANNOUNCEMENT
Quick Summary / Abstract:
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.

8. REVIEW AND APPROVE THE OPEN SESSION AGENDA
Quick Summary / Abstract:

    Motion:_____   Second: _____   Action:______


9. FLAG SALUTE
10. COMMENTS FROM THE PUBLIC
Quick Summary / Abstract:
Members of the public may address the Board on any subject not on tonight's agenda; however, provisions of the Brown Act (Government Code 54954.2(a) and .3) preclude any action. As an unagendized item, no response is required from the Board or District staff and no action can be taken; however, the Board may instruct the Superintendent to agendize the item for a future meeting. 

If you would like to address the Board on any item on the agenda or one that does not appear on the agenda, please goto www.musd.org, complete the Public Comments contact form, and click submit. For items not on the agenda, your comment will be read into the record under the "Comments from the Public" portion on the agenda. For items on the agenda, your comment will be read at the time of that item. The District asks for contact information from all those wishing to speak so staff can follow up on issues brought to our attention. Thank you for your participation in this civic engagement.

11. MUSD 2018-2021 STRATEGIC GOALS
Quick Summary / Abstract:
  • Build a Culture of We that engages parents, staff, and community partners in supporting student success. 
  • Improve communication systems for better outreach to parents, students, and staff.
  • Develop educational pathways that allow students to apply their passion in learning for their future careers.
  • Focus services and support systems to ensure that all students are engaged in their learning and are making social, emotional, and academic gains.
  • Identify creativestudent-focused strategies to accommodate enrollment growth and ensure healthy learning environments.
12. SUPERINTENDENT'S REPORT
12.A. Recognitions
Quick Summary / Abstract:

1) Rachel Wu, a debate student at Milpitas High School, formed a public speaking summer program for elementary and middle school students. She is also a highly-decorated member of the MHS debate team.

2) Charles Schletzbaum, MHS teacher and debate advisor, has grown the program and continues to lead our MUSD students to the highest competitive levels of debate.

3) Henry Robinson, the liaison between the Milpitas Police Dept. and MUSD, has supported local community members, especially the most vulnerable, with compassion in many different ways.

4) Kush Brahmbhatt and Timothy Griggs for taking on leadership roles as our Student Board Reps for the 2019-20 school year.

5) David Hufton, a longtime Milpitas resident, continues to support MUSD with monetary contributions that total $150,000.

13. SUPERINTENDENT'S EXECUTIVE CABINET REPORTS
Quick Summary / Abstract:
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



14. BOARD GROUP AGREEMENTS
Quick Summary / Abstract:

The Board Group Agreements are provided for the Board's ready reference as a reminder of our conduct as elected officials.

Per Board Bylaw 9001, amended on April 10, 2018, Board members and the Superintendent agree to


1. Keep learning and achievement for all students as the primary focus.

2. Ask questions for our own understanding.

3. Be open and honest with each other.

4. No surprises includes unapproved communications with law enforcement, news media, regional elected officials on behalf of the District and/or Board.

5. Be aware that our behavior in the community reflects on us as a team.

6. Communicate proactively with each other about topics, questions, and challenges in open session and in advance of public Board meetings in compliance with the Brown Act.

7. Participate in professional development and commit the time and energy necessary to be an informed and effective leader.

8. Actively support the Culture of We in action, deed, and opportunity to serve the students and parents of the Milpitas Unified School District.







Rationale:

BACKGROUND: 

Board Group Agreements are provided for the Board's ready reference as a reminder of Board Member's conduct as elected officials.

 
15. BOARD COMMUNICATIONS/REQUESTS
Quick Summary / Abstract:
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.
16. REPORTS
16.A. Subcommittees of the COVID19 Advisory Task Force 2020-21: MUSD EducatEveryWhere Plan for 2020-21 School Year
Quick Summary / Abstract:

Superintendent Jordan and the MUSD COVID19 Advisory Task Force 2020-21 presented considerations, scenarios, and direction for phasing in the new school year at the June 9 Board of Education meeting.

The Advisory Task Force is compromised of representatives from elementary, middle, and high school, district operations teams.  Leaders of the Classified School Employees Association, Chapter 281, Milpitas Teachers Association, and Milpitas Management Association have been integral participants in the Task Force.  The Task Force reviewed surveys from parents, students, and team members as well as suggested considerations and ideas for planning.

In order to assure that as many voices are included in the planning process as possible, an additional community and parent survey was opened on June 2nd and closed at midnight on June 9th.  Subcommittees have been formed and will focus on details of the overall planning through the mid-point of July. 

MUSD had 158 stakeholders working in subcommittees that were described at June 9 board meeting. Subcommittees were as follows: Safety; Support for parents; Support for students; Special education; Mental health; Needs of vulnerable students; and English learners. Subcommittee updates will be shared at this board meeting.

The County Public Health Department Officers in conjunction with the Santa Clara County Office of Education have announced that a more definitive path to in-person teaching and learning will be publicized by July 1st. 

Recommended Motion:
It is recommended that the Board review the 2020-21 Reopening Plan, ask questions and provide direction on 2020-21
Attachments:
COVID19 Task Force Subcommittees Report
17. ACTION ITEMS
17.A. Adopt Resolution 2020.43 Encouraging the Celebration of the Month of June as LGBTQ Pride Month (Superintendent's Office)
Quick Summary / Abstract:
This new resolution was developed by MHS students Jazmine Finuliar, Edward John (EJ) Loria, Jacky Thai, Brandon Pecot, Ethan To, and Skye Johnson, with guidance from MHS True Colors Club advisors Brett Webber and Lisa Samy.
Rationale:
Video reading of resolution
 
Recommended Motion:
Review and adopt Resolution 2020.43
Attachments:
Resolution 2020.43 Encouraging the Celebration of the Month of June as LGBTQ Pride Month
17.B. Adopt Resolution 2020.44 Ordering a November 3, 2020 election, setting specifications of the election order, and requesting that the County Registrar of Voters canvass the returns of the election (Superintendent's Office)
Rationale:

The Santa Clara County Registrar of Voters requires that the district approve and forward to them, prior to a general election, the Specifications of the Election Order. The Specifications of the Election Order declare the number of offices open; officers to be selected at large; qualifications in accordance with Education Code Sec. 35107; winner(s) determined by lot in case of a tie; and candidates' qualification statement limited to 200 words. The Specifications of the Election Order further declare that the cost of printing/distributing in English or translating/printing/distribution in Spanish will be borne by the candidates, with each candidate required to pay in advance his/her pro-rated share of estimated costs of printing, handling, and mailing statements. These costs will be determined by the Registrar of Voters. 

By adopting Resolution 2020.4, the Board would request and provide consent to the Board of Supervisors of Santa Clara County to completely consolidate the MUSD Governing Board election with the general election on November 3, 2020 and would request the Registrar of Voters to canvass the returns of the election. 

The nomination period will open July 13, the first day candidates may pick up nomination documents either at the district office or at the Registrar of Voters, located at 1555 Berger Drive. These packets will contain forms and information required for filing, including estimated costs of candidate statements. The candidate filing period is July 13 through August 7.  

 
Recommended Motion:

Adopt Resolution 2020.44 Order of Election, Specifications of the Election Order and Consolidation Request.

Attachments:
Resolution 2020.44 Ordering a November 3, 2020 election, setting specifications of the election order, and requesting that the County Registrar of Vot
17.C. Adopt the District’s 2020-21 Proposed Budget (Assistant Superintendent, Business Services)
Quick Summary / Abstract:
     Motion:_____     Second:_____     Action:_____
Rationale:

BACKGROUND:

The Budget Study was completed on June 9, 2020 with the Board, District staff, and community members. The Budget Hearing was held on June 9, 2020 during the regular Board Meeting. No changes were made to the budget document after the budget study.

The official budget document is presented to the Board for final adoption.

 
Recommended Motion:

Adopt the 2020-21 Proposed Budget as presented.

Financial Impact:

STAFF:

Wendy Zhang

Assistant Superintendent, Business Services

 

Linh Le

Director, Business Services

 

Duc Vu

Supervisor, Business Services

Attachments:
2019-20 Estimated Actual Income Statement
2020-21 Adoption Income Statement
2020-21 MYP - S2 with COLA for out years
2020-21 SACS
17.D. Conduct a public hearing on the District’s General Fund Excess Reserve (Assistant Superintendent, Business Services)
Quick Summary / Abstract:
     Motion:_____     Second:_____     Action:_____
Rationale:

BACKGROUND:

Senate Bill (SB) 858 requires that school districts, beginning with the 2015-16 adopted budget, must identify the minimum reserve level applicable to the District and disclose the amount in excess of the minimum.  

For Milpitas Unified, our required minimum reserve is 3% of the total General Fund expenditures. This is projected at $3,832,160. The District must also reserve $415,000 for revolving cash, store inventory, and prepaid accounts. This is recorded as a non-spendable account under the Standard Accounting Code Structure (SACS) reporting. The total projected ending fund balance for 2020-21 is at $4,247,160 in General Fund. There is no excess reserve in General Fund.  The balance of $2,727,047 in Special Reserve Fund is for future use.

 
Recommended Motion:

Conduct a public hearing on the District’s General Fund Excess Reserve.

Financial Impact:

STAFF:

Wendy Zhang

Assistant Superintendent, Business Services

 

Linh Le

Director, Business Services

 

Duc Vu

Supervisor, Business Services

Attachments:
2020-21 Adoption Statement of Reasons for Excess Reserves
17.E. Adopt Resolution 2020.42 to approve the 2020-21 Education Protection Account Spending Plan (Assistant Superintendent, Business Services)
Quick Summary / Abstract:
     Motion:_____     Second:_____     Action:_____
Rationale:

BACKGROUND:

The Education Protection Account (EPA) provides local educational agencies (LEAs) with general purpose state aid funding pursuant to Proposition 30, The Schools and Local Public Safety Protection Act of 2012, approved by the voters on November 6, 2012. The EPA funding is a component of an LEA's total LCFF entitlement as calculated in the Principal Apportionment. On November 8, 2016, voters approved Proposition 55, the extension of the Proposition 30.

Pursuant to Article XIII, Section 36 of the California Constitution, school districts EPA requirements are:

  1. Open an EPA for spending and reporting expenditures directly supporting instructional programs. Administrative salaries and any other administrative costs are not permitted. Since classroom teacher salaries directly support instructional programs, staff will utilize EPA for this purpose.

  2. Board approves the EPA spending determinations in an open session of a public meeting annually.

     

  3. Post annually on its website an accounting of how much money was received from EPA and how that money was spent.
 
Recommended Motion:

Adopt Resolution 2020.42 to approve the 2020-21 Education Protection Account Spending Plan.

Financial Impact:

STAFF:

Wendy Zhang

Assistant Superintendent, Business Services

 

Linh Le

Director, Business Services

Attachments:
Res 2020.42 EPA 2020-21
Res 2020.42 Resolution of MUSD Regarding the Education Protection Account 2020-21
17.F. Approve COVID-19 Operations Written Report (Assistant Superintendent, Learning & Development)
Rationale:

BACKGROUND:

As per Executive Order 56-20, the governing board must adopt, during the same meeting at which the governing board adopts the annual budget due July 1, 2020, a written report to the community that explains the changes to program offerings that the LEA has made in response to school closures to address the COVID-19 emergency and the major impacts of such closures on students and families, including  a description of how the LEA is meeting the needs of unduplicated pupils, defined consistent with Education Code section 42238.02(b)(1), during the period of school closures and the steps  taken by the LEA, consistent with Paragraph 2 of Executive Order N-26-20, to support the following during the period of school closures: 

  •    Continue delivering high-quality distance learning opportunities; 
  •    Provide school meals in non-congregate settings, and 
  •    Arrange for the supervision of students during ordinary school hours.
 
Recommended Motion:
It is recommended that the Board approve the COVID-19 Operations Written Report. 

Attachments:
COVID-19 Report
Executive Order N-56-20
MUSD COVID-19 Report
17.G. Conduct a Public Hearing and First Reading for the adoption of Board Policy 0470 Philosophy, Goals, Objectives and Comprehensive Plans: COVID-19 Mitigation Plan
Quick Summary / Abstract:

The board will conduct a first reading of this proposed policy on actions related to COVID-19 and return to in-person learning and working. The second reading for adoption will be in August.

The following policy is intended for use during the coronavirus (COVID-19) pandemic and supersedes conflicting provisions in other district policies and administrative regulations, thereby eliminating the need to temporarily revise multiple policies. When the Governing Board determines, consistent with state and local orders from health officials, that the need for this policy no longer exists, the following policy should be removed from the district's policy manual.

Due to the unexpected nature of the pandemic, the evolving circumstances, and rapidly changing information about the virus, the topics covered in this policy may not be directly addressed in current law. Therefore, the policy presents options and best practices for districts as they reopen school campuses following extended closures due to the COVID-19 pandemic. Districts are encouraged to consult with local health officials, staff, students, parents/guardians, neighboring school districts, and the county office of education in comprehensive planning for safe operations following campus reopening.

This policy involves a number of working conditions that are often addressed in collective bargaining agreements and, as such, may be subject to negotiations with employee organizations.

Resources that provide additional information, such as applicable state and local guidelines from health officials, school schedules, handwashing instructions, and specific personal protective equipment (PPE) requirements, may be attached as exhibits to augment this policy and should be periodically reviewed and updated as necessary.

The draft of Board Policy 0470 states: "The following policy establishes actions that will be taken by the district to provide a safe learning and working environment during the coronavirus (COVID-19) pandemic, and shall supersede any conflicting language in existing district policies or administrative regulations until the Governing Board determines that the need for this policy no longer exists. The Board acknowledges that, due to the evolving nature of the pandemic, federal, state, and local orders impacting district operations are subject to change without notice. In the event that any federal, state, or local order may conflict with this policy, the order shall govern."

The Board will conduct a public hearing to allow for public comment on the first reading.


Open Public Hearing

Motion________  Second:________ Action:_______


Close Public Hearing

Motion________    Second:________       Action:_______

Rationale:

STAFF

Cheryl Jordan,

Superintendent 

 
Recommended Motion:
It is recommended that the Board conduct the first reading, discuss and ask questions accordingly.
Attachments:
Board Policy 0470 Draft
17.H. Conduct a Public Hearing and First Reading for the adoption of Board Policy 6157 Distance Learning
Quick Summary / Abstract:

The board will conduct a first reading of this proposed policy on distance learning. The second reading for adoption will be in August. The following policy may be subject to collective bargaining agreements and should be revised to reflect district practice. For further information regarding the implementation of distance learning in the event of a school closure, please review the California Department of Education's COVID-19 Guidance for K-12 Schools.

The draft of Distance Learning Board Policy 6157 states: "The Governing Board recognizes that distance learning can be a viable alternative instructional strategy that supports student achievement of academic goals. Distance learning opportunities may be offered to students participating in independent study, credit recovery courses, enrichment courses, or other courses identified by the Superintendent or designee, or in the event that a school site is physically closed due to widespread illness, natural disaster, or other emergency."

The Board will conduct a public hearing to allow for community input.

Open Public Hearing

Motion:_____     Second:_____     Action:_____


Close Public Hearing

Motion:_____     Second:_____     Action:______

Rationale:

STAFF

 

Norma Rodriguez,

Assistant Superintendent, Learning & Development

 

Cheryl Jordan,

Superintendent

 
Recommended Motion:
It is recommended that the Board conduct the first reading, discuss and ask questions accordingly.
Attachments:
New BP Distance Learning MUSD BP 6157
17.I. Conduct a Public Hearing, First Reading and Adoption of Revisions to Board Policy 3311 Business and Non-Instructional Operations
Quick Summary / Abstract:

In light of COVID-19, Staff wishes to revise BP3311 Business and Noninstructional Operations to support Milpitas businesses. Since this is an existing policy, the board will conduct a public hearing to allow for community input before adopting BP3311 revisions.

Proposed revision to BP3311 Business and Noninstructional Operations states: "The Governing Board is committed to promoting public accountability and ensuring prudent use of public funds. In leasing or purchasing equipment, materials, supplies, or services for the district and when contracting for public projects involving district facilities, the Board shall explore lawful opportunities to obtain the greatest possible value for its expenditure of public funds including requests for proposals from Milpitas businesses when possible. When required by law, or if the Board determines that it is in the best interest of the district, such leases and purchases shall be made using competitive bidding."


Open Public Hearing

Motion:_____     Second:_____      Action:_____


Close Public Hearing

Motion:_____     Second:_____     Action:______


Adopt Revisions to BP3311

Motion:_____     Second:_____      Action:______

Rationale:

STAFF

Cheryl Jordan,

Superintendent

 
Recommended Motion:
Conduct a public hearing, discuss revision and ask questions, and adopt BP3311.
Attachments:
Draft w_ revision MUSD BP 3311 Business and Noninstructional Operations Draft with revisions
17.J. Approve the iReady License Contract (Assistant Superintendent, Learning and Development)
Rationale:

BACKGROUND:

As per the board request, the Learning and Development Team is pleased to have the opportunity to provide a  presentation about the reliability and usability of iReady data to inform students, teachers, and the system as a whole about students’ academic progress and achievement in reaching grade-level standards. 


The purchase and adoption of this tool meets the requirement as per our LCAP that calls for a standards-aligned and calibrated  Diagnostic and benchmark system.


 
Recommended Motion:
It is recommended that the Board of Education approve the purchase of the iReady to be used as a tool for Diagnostic, Benchmark, and Instruction in Language Arts and Mathematics.
Financial Impact:

Budget Implications:  $190,481.40 for a one year term: July 1, 2020 to June 30, 2021

 

STAFF:

Norma Rodriguez

Assistant Superintendent, Learning & Development 

Attachments:
iReady Presentation
iReady Purchase Req
iReady Quote
17.K. Adopt Resolutions 2020.40 approving Child Development Contract CSPP-0573 and Resolution 2020.41 approving Child Development Contract CCTR-0272 with the CDE for the 2020/2021 School Year (Assistant Superintendent, Learning & Development)
Rationale:

BACKGROUND:

CSPP-0573, $915,876 - California State Preschool Program

(Amount previously encumbered - $887,611)     

CCTR-0272, $433,727- General Child Care & Development Programs (Amount previously encumbered - $419,969)     

Total Program Days: 238


The State of California funds identified by the above contracts are for the support of the subsidized portion of the following programs: Five (5) part-day and one (1) full-day preschool programs located at Rose and Sunnyhills Child Development Centers. Two (2) school-age programs at Rose and Sinnott Elementary Schools.  The General Child Care programs also provide care on minimum and staff development days as well as during winter and spring breaks.


 
Recommended Motion:
It is recommended that the Board Adopts Resolutions 2020.40 and 2020.41
Financial Impact:

Amounts encumbered by the State of California:


CSPP-0573, State Preschool $915,876

CCTR-0272, General Child Care $433,727

Total for two Contracts           $1,349,603


These funds shall not be used for any purpose considered non-reimbursable pursuant to the 2020-21 “Funding Terms and Conditions” (FT&C) 

STAFF:


Norma Rodriguez, Assistant Superintendent

Learning & Development


Wendy Zhang, Assistant Superintendent

Business Services


Gerry Lopez, Ed.D., Coordinator II

Early Childhood Development & Community Engagement 


Attachments:
CCTR 0272 Signature page
CSPP 0573 Signature page
Resolution 2020.40
Resolution 2020.41
17.L. Resolution 2020.45 Resolution Authorizing the Issuance of Milpitas Unified School District (Santa Clara County, California) 2020 General Obligation Refunding Bonds (Assistant Superintendent, Business Services)
Quick Summary / Abstract:
     Motion:_____     Second:_____     Action:_____
Rationale:

BACKGROUND:

During the Board Meeting on April 28, 2020, Blake Boehm, our financial advisor from KNN, presented the potential refunding opportunities for the District’s 2012 Measure E Bond. During the meeting the Board provided staff with direction to move forward with this process. Here is the resolution for the Board to approve.

An Election was held in the Milpitas Unified School District (the “District”) on June 5, 2012 for the issuance and sale of general obligation bonds of the District for various purposes in the maximum principal amount of $95,000,000 (the “Authorization”).  Pursuant to the Authorization, the District previously issued several series of bonds, including $55,000,000 of its Election of 2012 General Obligation Bonds, Series A (the “Prior Bonds”).

The District now desires to refinance certain of the outstanding Prior Bonds (so refinanced, the “Refunded Bonds”), thereby generating savings for District taxpayers, through the issuance of general obligation refunding bonds (the “Refunding Bonds”) pursuant to Government Code Section 53550 et seq

All benefits from the refunding will be delivered to the property owners in the District.  The final maturity of the Refunding Bonds will not be later than the final maturity date of the Refunded Bonds. 

(a)        Bond Resolution.  This Resolution authorizes the issuance of the Refunding Bonds, in one or more series of federally taxable bonds.  The Resolution authorizes the issuance of the Refunding Bonds, specifies the basic terms, parameters and forms of the Refunding Bonds, and approves the forms of the Purchase Contract, Continuing Disclosure Certificate, Escrow Agreement and Preliminary Official Statement described below.  In particular, Section 1 of the Resolution establishes the maximum aggregate principal amount of the Refunding Bonds to be issued ($50,000,000).  Section 4 of the Resolution states the maximum underwriting discount (0.375%) with respect to the Refunding Bonds, and authorizes the Refunding Bonds to be sold at a negotiated sale to Citigroup Global Markets Inc. (the “Underwriter”).  The Resolution authorizes the issuance of current interest bonds only; capital appreciation bonds are not authorized.

(b)        Form of Purchase Contract.  Pursuant to the Purchase Contract, the Underwriter will agree to buy the Refunding Bonds from the District.  All of the conditions of closing the transaction are set forth in this document, including the documentation to be provided at the closing by various parties.  Upon the pricing of the Refunding Bonds, the final execution copy of the Purchase Contract will be prepared following this form. 

(c)        Form of Preliminary Official Statement.  The Preliminary Official Statement (“POS”) is the offering document describing the Refunding Bonds which may be distributed to prospective purchasers of the Refunding Bonds.  The POS discloses information with respect to among other things (i) the proposed uses of proceeds of the Refunding Bonds, (ii) the terms of the Refunding Bonds (interest rate, redemption terms, etc.), (iii) the bond insurance policy for the Refunding Bonds, if any, (iv) the security for repayment of the Refunding Bonds (the ad valorem property tax levy), (v) information with respect to the District’s tax base (upon which such ad valorem property taxes may be levied), (vi) District financial and operating data, (vii) continuing disclosure with respect to the Refunding Bonds and the District, and (viii) absence of litigation and other miscellaneous matters expected to be of interest to prospective purchasers of the Refunding Bonds.  Following the pricing of the Refunding Bonds, a final Official Statement for the Refunding Bonds will be prepared, substantially in the form of the POS.

(d)        Form of the Continuing Disclosure Certificate.  The form of the Continuing Disclosure Certificate can be found in APPENDIX C to the POS.  Effective July 3, 1995, all underwriters of municipal bonds are obligated to procure from any public agency issuing debt a covenant that such public agency will annually file “material financial information and operating data” with respect to such public agency through the web-based Electronic Municipal Market Access (“EMMA”) system maintained by the Municipal Securities Rulemaking Board (a federal agency that regulates “broker-dealers,” including investment bank firms that underwrite municipal obligations).  This requirement is expected to be satisfied by the filing of the District’s audited financial statements and other operating information about the District, in the same manner the District has filed in connection with prior bond issuances. 

(e)        Escrow Agreement.  Pursuant to the Escrow Agreement, proceeds from the sale of the Refunding Bonds will be deposited in an escrow fund (the “Escrow Fund”) held by U.S. Bank National Association (acting as “Escrow Agent”).  The monies in the Escrow Fund will be used by the Escrow Agent to pay the interest due on the Refunded Bonds on and prior to the first available redemption date therefor and to redeem the Refunded Bonds on such date.  Following the deposit of proceeds into the Escrow Fund, the Refunded Bonds will be defeased, and the obligation of Santa Clara County to levy a tax for the payment thereof will cease.   

 
Recommended Motion:

Staff recommends approval of Resolution #2020.45, Resolution Authorizing the Issuance of Milpitas Unified School District (Santa Clara County, California) 2020 General Obligation Refunding Bonds

Financial Impact:

STAFF:

Wendy Zhang

Assistant Superintendent, Business Services

Attachments:
Res 2020.45 District Authorizing Resolution Milpitas Unified SD -2020 GO Refunding Bonds
Res 2020.45 Escrow Agreement [Milpitas Unified SD - 2020 GO Refunding Bonds
Res 2020.45 POS - [Milpitas Unified SD -2020 GO Refunding Bonds]
Res 2020.45 Purchase Contract [Milpitas Unified SD - 2020 GO Refunding Bonds
18. CONSENT ITEMS
Quick Summary / Abstract:
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:_____



18.A. Approve Purchase Order of June 23, 2020 (Assistant Superintendent, Business Services)
Attachments:
P.O. Board Report of June 23, 2020
18.B. Personnel Report of June 23, 2020 (Assistant Superintendent, Human Relations)
Attachments:
Personnel Report 6.23.20
18.C. Approve Meeting Minutes of June 9, 2020 (Superintendent's Office)
Attachments:
UNADOPTED_Meeting Minutes of June 9 2020
18.D. Fagen Friedman & Fulfrost LLP Agreement for Legal Services (Assistant Superintendent, Human Relations)
Rationale:

BACKGROUND:

The law firm of Fagen Friedman & Fulfrost LLP will provide legal services to the Milpitas Unified School District from July 1, 2020 through June 30, 2021.

Rate Range beginning July 1, 2020 through June 30, 2021                                              

Associate                                                          $230 - $260 per hour

Partner                                                              $290 - $325 per hour

Of-Counsel                                                        $325 per hour

Paralegal/Law Clerk                                          $150 - $210 per hour

Paralegal/Law Clerk (Bar Admitted Outside CA)                    $230 per hour

Education Consultant                                          $240 per hour

Communication Services Consultant                      $260 per hour

 
Recommended Motion:

It is recommended that the Board of Education review the attached Agreement for Legal Services with the law firm of Fagen Friedman & Fulfrost LLP and authorize staff to enter into the agreement from July 1, 2020 through June 30, 2021.

Financial Impact:

Up to $7,000

 

STAFF:

Jonathon Brunson

Assistant Superintendent, Human Relations

 

Cheryl Jordan

Superintendent

Attachments:
Fagen Friedman & Fulfrost LLP Agreement for Legal Services
18.E. Burke, Williams & Sorensen, LLP, Agreement for Legal Services (Assistant Superintendent, Human Relations)
Rationale:

BACKGROUND:

Renewal of agreement between the law firm of Burke, Williams & Sorensen, LLP, and the Milpitas Unified School District to provide legal services effective July 1, 2020 through June 30, 2021

 
Recommended Motion:

It is recommended that the Board of Education review the attached Agreement for Legal Services with the law firm of Burke, Williams & Sorensen and authorize staff to renew the agreement effective July 1, 2020 through June 30, 2021.

 

Financial Impact:

Legal Counsel Rates as follows:

Shareholders:

    John Yeh                                                                     $280 per hour

     Associate Attorney                                                     $250 per hour

 

STAFF:

Jonathon Brunson

Assistant Superintendent, Human Relations

 

Cheryl Jordan

Superintendent

                                           

Attachments:
Burke, Williams & Sorensen LLP Agreement for Legal Services
18.F. Dannis Woliver Kelley Agreement for Professional Services (Assistant Superintendent, Human Relations)
Rationale:

BACKGROUND:

Renewal of agreement between the law firm of Dannis Woliver Kelley (DWK) and the Milpitas Unified School District to provide professional legal services from July 1, 2020 through and including June 30, 2021.

Dannis Woliver Kelly has not adjusted their billing ranges for this year, except for the rate of Greg Dannis.  Rates for individual attorneys may vary within the ranges depending on level of experience and qualifications and nature of the legal services provided.

 
Recommended Motion:

It is recommended that the Board of Education review the attached Agreement for Professional Services with the law firm of Dannis Woliver Kelly and authorize staff to enter into the agreement from July 1, 2020 through June 30, 2021.  District or DWK may terminate this Agreement by giving reasonable written notice of termination to the other party.

 

Financial Impact:

Rate range:

Gregory J. Dannis                                                           $400 per hour

Shareholders and Of Counsel                             $265 - $360 per hour

Special Counsel                                                   $245 - $295 per hour

Associates                                                           $195 - $260 per hour

Paralegals and law clerks                                    $130 - $180 per hour

 

STAFF:

Jonathon Brunson

Assistant Superintendent, Human Relations

 

Cheryl Jordan

Superintendent

Attachments:
Dannis Woliver Kelley Agreement for Professional Services
18.G. Littler Mendelson Agreement for Legal Services (Assistant Superintendent, Human Relations)
Rationale:

BACKGROUND:

This agreement between Littler Mendelson and Milpitas Unified School District provides for staff to continue participation in the Santa Clara County Personnel Council, a consortium of public school districts and other public education entities.  The consortium meets monthly at the Santa Clara County Office of Education and district staff has attended this invaluable collaborative for many years. In addition to legal updates provided by Littler Mendelson staff, the consortium offers district representatives from throughout Santa Clara County the opportunity to discuss Human Relations issues and share relevant information. Littler Mendelson attorneys provide two free hours of training for consortium participants.  Littler Mendelson sends a contract to all districts in the consortium in the event they need to request additional legal services from the firm.

Littler Mendelson will provide legal services at the hourly professional rates of $215 to $305 for associates, $300 to $330 for Of Special Counsel, and $340 to $360 for shareholders. These rates are guaranteed through June 30, 2021.

 

 
Recommended Motion:

It is recommended that the Board of Education review the attached Agreement for Legal Services with Littler Mendelson and authorize staff to enter into the agreement from July 1, 2020 until terminated by either party.

Financial Impact:

None

 

STAFF:

Jonathon Brunson

Assistant Superintendent, Human Relations

 

Cheryl E. Jordan

Superintendent

Attachments:
Littler Mendelson Agreement for Legal Services
18.H. Approve the agreement with 101 Therapy Services, LLC (Assistant Superintendent Learning & Development)
Rationale:

BACKGROUND:

During the recruiting season we advertised for special education teachers on these recruiting sites and/or participated at these job fairs; EdJoin, Eduprenuers, SJSU, Stanford, SCCOE EPIC program, Cal State East Bay, Santa Clara U, CSU Stanislaus, Berkeley, National and USF.   We reached out through our personal connections with prior school districts and the Special Education Local Plan Areas in our recruiting efforts.  Despite these efforts, several teacher positions remained unfilled, and we have to contract for these teachers. The EdJoin listing will continue until the positions are filled. 

These three teachers were contracted by Milpitas Unified School District during the school year, and are now contracted to fulfill three vacant elementary teaching positions for the Extended School Year session. They will be working 18 hours per week, at $85.00 per hour.

 
Recommended Motion:

It is recommended that the Board of Education approve this agreement with 101 Therapy Services, LLC, for Extended School Year which is held June 15 to July 16, 2020.

Financial Impact:

Total cost for these three teachers is estimated to be $11,475.00 in June and $11,475 in July, for a total of $22,950.00.

 

STAFF:

 

Norma Rodriguez

Assistant Superintendent, Learning and Development

 

Carla Crenshaw

Director, Student Services

Attachments:
Stepping Stones Contract for ESY
18.I. Approve the agreement with 360 Degree Customer, Inc. (Assistant Superintendent Learning & Development)
Rationale:

BACKGROUND:

During the recruiting season we advertised for special education teachers on these recruiting sites and/or participated at these job fairs; EdJoin, Eduprenuers, SJSU, Stanford, SCCOE EPIC program, Cal State East Bay, Santa Clara U, CSU Stanislaus, Berkeley, National and USF.   We reached out through our personal connections with prior school districts and the Special Education Local Plan Areas in our recruiting efforts.  Despite these efforts, several teacher positions remained unfilled, and we have to contract for these teachers. The EdJoin listing will continue until the positions are filled. 

 

This teacher was contracted by Milpitas Unified School District during the school year, and is now contracted to fulfill one vacant high school teaching positions for the Extended School Year session. This teacher will be working 27.5 hours per week, at $97.00 per hour.

 
Recommended Motion:

It is recommended that the Board of Education approve this agreement with 360 Degree Customer, Inc., for Extended School Year which is held June 15 to July 23, 2020.

Financial Impact:

Total cost for this teacher is estimated to be $6,935.00 in June and $8536.00 in July, for a total of $15,471.00.

 

STAFF: 

Norma Rodriguez

Assistant Superintendent, Learning and Development

 

Carla Crenshaw

Director, Student Services

                                  

 

 

                                        

Attachments:
360 Degrees Contract for ESY
18.J. Approve Memorandum of Understanding (MOU) with onebytwo global, LLC - Automatic External Defibrillators (AED) Program Management (Assistant Superintendent, Learning & Development)
Rationale:

BACKGROUND:

Milpitas Unified School District is establishing a contract with onebytwo, global, LLC. This will be a four year agreement, plus an option of a 4 year extension.  In the agreement, onebytwo global, LLC, will provide services supporting comprehensive AED program management.  The services include tracking our AED units across the district and ensuring that equipment and materials are  updated  and replaced as needed. 


 
Recommended Motion:
It is recommended that Board Approve the Memorandum of Understanding with the onebytwo global, LLC for  a four year window.

Financial Impact:

Financial Impact:  $21,934.44  (over next 4 years)

STAFF:


Norma Rodriguez

Assistant Superintendent, Learning and Development


Carla Crenshaw

Director of Student Services


Amy Sanidad

Coordinator, Student Services


 


Attachments:
Agreement with onebytwo Global, LLC.
18.K. Approve the agreement with Educational Based Services (Assistant Superintendent Learning & Development)
Rationale:

BACKGROUND:

There is a need to contract for an Occupational Therapist for the Extended School Year (ESY) session this year. This Occupational Therapist, contracted from Educational Based Services, will be supporting students in accordance with their Individual Educational Plans (IEP). The hourly rate is $90 and this person will be working 22.5 hours per week.

 
Recommended Motion:

It is recommended that the Board of Education approve this agreement with Educational Based Services, for Extended School Year which is held June 15 to July 23, 2020.

Financial Impact:

Total cost for this Occupational Therapist is estimated to be $5,062.50 in June and $7,087.50 in July, for a total of $12,150.00

 

STAFF:

 

Norma Rodriguez

Assistant Superintendent, Learning and Development

 

Carla Crenshaw

Director, Student Services

Attachments:
EBS Contract for ESY
18.L. Approve the MOU with the Santa Clara County Office of Education and partnering agencies (Behavioral Health Service and the HEARD alliance) to support School-Based Suicide Prevention and Crisis Intervention (Assistant Superintendent, Learning & Development)
Rationale:

BACKGROUND:

As per the LCAP Goal 2, Action 2.2, MUSD has agreed to enter into another one year contract with Santa Clara County Office to address students’ social-emotional needs. Through this partnership, MUSD will incur a percentage of the total cost for the Kognito training for administrators, elementary, secondary teaching staff, classified staff, and Mental Health professionals in MUSD. Kognito health simulations use role-play with virtual people to increase the learner’s comfort and competency to manage critical conversations in the areas of mental health, trauma-informed, and/or related non-academic areas that impact social and emotional wellness, attendance, school climate, and academic success. Additionally, one new module, titled,  Step in Speak Up/LGBTQ focus, will be used by secondary staff and a no-cost MOU is a part of this, too. After this training, the staff will be able to utilize the strategies from Kognito as the district works to strengthen and build our School-Based Suicide Prevention and Crisis Intervention process.


 
Recommended Motion:
It is recommended that the Board approves the MOU with the Santa Clara County Office of Education and the partnering groups and the no cost MOU with Santa Clara County Office of Education
Financial Impact:

Cost not to exceed $5,526.00 


STAFF:

Norma Rodriguez

Assistant Superintendent, Learning and Development


Carla Crenshaw

Director, Student Services


Amy Sanidad

Coordinator, Student Services


Sandra Quintana

Program Manager, Mental Health


Attachments:
MOU SCCOE/Safe & Healthy Schools
No Cost MOU for Kognito
18.M. Approve the Contract with Santa Clara County Office of Education for PBIS (Positive Behavioral Interventions and Supports) efforts (Assistant Superintendent, Learning & Development)
Rationale:

BACKGROUND:

MUSD is in year 6 of its collaboration and training support from Santa Clara County Office of Education, SCCOE.  Burnett Rose and Zanker Elementary Schools will continue into PBIS Year 3 specific to Tier 2 and Tier 3 supports and intervention planning, while Sinnott Elementary will continue in Year 2, Tier 2 training, specific to their intervention team and check in and check out procedure/intervention too, and Rancho will participate in Year 2, Tier 2 training specific to classroom systems as they continue their implementation of the PBIS framework. 

This agreement includes training for site PBIS leadership teams at Burnett, Randall, Rose, Sinnott, Rancho and Zanker and training for PBIS Coaches, District Leadership Team Training, access to PBIS evaluations and technical support from staff at SCCOE that are trained in PBIS foundations.

The goal of PBIS is a systems approach so that the sites establish the school culture and behavioral supports needed for schools to achieve social, emotional, behavioral and academic success for all students while building tiered supports and interventions.


 
Recommended Motion:

It is recommended that the Board of Education authorize staff to enter into the contract listed above for 2020-2021 school year.



Financial Impact:

Approximate cost is not to exceed $21,250.00


STAFF:

Cheryl Jordan,

Superintendent


Norma Rodriguez,

Assistant Superintendent of Learning and Development


Carla Crenshaw,

Director, Student Services


Amy Sanidad,

Coordinator, Student Services


 

Attachments:
MOU for PBIS
18.N. Approve the PSI Partners in School Innovation Contract 2019-2020 as the CSI Provider for Calaveras Hills High School (Assistant Superintendent, Learning and Development)
Rationale:

BACKGROUND:

As per the, Every Student Succeeds Act (ESSA) federal accountability system,  schools can be identified for Comprehensive Support and Improvement (CSI). Cal Hills was identified for CSI for the year 2020-21.

The California Budget Act of 2019 appropriated ESSA, Section 1003 local assistance funding for the CSI grant period beginning  March 25, 2020, and ending June 30, 2021.  The funds can only be utilized for Capacity building in the following activities: 

? Plan development and implementation

? Partnering with stakeholders

? Conducting needs assessments and root cause analysis

? Identification/development of evidence-based

    interventions, strategies, and/or activities

? Using data to develop, implement, monitor, and evaluate

     improvement efforts

? Reviewing/identifying resource inequities, which may 

    include a review of LEA- and school-level budgeting.


Partners in School Innovation (PSI) was selected to provide support in meeting these guidelines and expectations.


 
Recommended Motion:
It is recommended that the Board approve the MOU with Partners in School Innovation
Financial Impact:

Total cost of $51,000 resourced as follows: August 15, 2020 : $25,500  and December 15,2020 : $25,500.  



STAFF:


Norma Rodriguez, 

Assistant Superintendent, Learning and Development
Attachments:
MOU with Partners in School Innovation and Cal Hills
18.O. Approve Single Plans for Student Achievement (SPSA’s) (Assistant Superintendent, Learning & Development)
Rationale:

BACKGROUND:

As per LCAP Goal 1 Action 6 Allocation of supplemental funds to meet the needs of all students, and in direct alignment with the Elementary and Secondary Act which mandates the California State Department of Education to ensure each school develops and submits a Single Plan for Student Achievement, (SPSA) for board approval. The intent of the law is to provide principals, teachers, other staff members, parents, and students (at the secondary schools) the opportunity to work together to design and implement a plan that ensures all students achieve proficiency in the core content areas. This plan meets the requirement for the categorical programs for both state and federal programs.  

The School Site Council for each school must approve the SPSA before approval by the Board of Education and record the approval in the minutes. The annual plan outlines how resources received by the school are coordinated and utilized to ensure that all students acquire the knowledge, understanding, and skills, primarily in the areas of mathematics, English language arts, and English as a Second Language.  After sites review their latest student data, measurable site objectives are established and the SPSA is revised. The action plans are directly aligned to the MUSD LCAP Goals and identify how each school: 


  • identify needs and addresses goals for continuous academic improvement,

  • addresses teaching and learning,

  • allocates funds for school-wide efforts,

  • prioritizes the school focus,

  • documents staff development plans, and

  • outlines parental involvement activities.

The Learning and Development Staff members read all SPSAs and provided feedback to principals prior to the final copy submission. The plans will be effective from August 2020 through June 2021.

 
Recommended Motion:
It is recommended that the Board approve the Single Plan for Student Achievement for all MUSD schools. 

Financial Impact:

Sites can spend their supplemental  allocations for the 2019-20 Academic Year according to their approved plans.

 

STAFF:

Norma Rodriguez

Assistant Superintendent, Learning and Development



Attachments:
Burnett SPSA 2020-2021
Cal Hills SPSA 2020-2021
Curtner SPSA 2020-2021
Mattos SPSA 2020-2021
MHS SPSA 2020-2021
MHS SPSA Signature page
Pomeroy SPSA 2020-2021
Pomeroy SPSA Signature page
Rancho SPSA 2020-2021
Randall SPSA 2020-2021
Rose SPSA 2020-2021
Russell SPSA 2020-2021
Sinnott SPSA 2020-2021
Spangler SPSA 2020-2021
Spangler SPSA Signature page
Weller SPSA 2020-2021
Zanker SPSA 2020-2021
18.P. Approve Cornerstone Earth Group’s Add Service Request at Mattos Elementary.
Rationale:
During construction of Phase II of Mattos Elementary it was determined that the soil from the building pad excavations will need to be tested prior to hauling it to a local landfill. Local landfills determine what needs to be tested. Certain landfills do not accept contaminated materials.  Cornerstone Earth Group has provided an add-service request for this testing as it was not included in their original contract for services. The cost includes three separate mobilizations for sampling.  This cost may be reduced if we can consolidate the site visits.  The request is “not to exceed” the cost of $8,595.
 
Recommended Motion:
Approve Cornerstone Earth Group’s Add Service Request at Mattos Elementary.
Financial Impact:

$8,595 from Bond Fund 213

Wendy Zhang, Assistant Superintendent of Business Services


Attachments:
Cornerstone Earth Group Agreement
18.Q. Approve Commercial Plumbing’s Agreement at Spangler Elementary.
Rationale:

During the paving project at Spangler they discovered some old and very shallow water and sewer drain lines as well as an underground water valve that needed replacing. Kitchell reached out to Commercial Plumbing for a quote. 


To replace the pipes in front of the existing portables, the cost is $26,365. During the pipe replacement, it was noticed that the valves also needed replacing. For the additional work, the cost will be $4,048. It is essential that this work is completed to finish the paving at Spangler


 
Recommended Motion:
Approve Commercial Plumbing’s proposals for underground piping repair and replacement at Spangler Elementary.
Financial Impact:

$26,365 Pipe Replacement from Bond Fund 213

$ 4,048 Valve Replacement from Bond Fund 213

Wendy Zhang, Assistant Superintendent of Business Services

Attachments:
Commercial Plumbing Agreement June 2020
Commercial Plumbing Drainage Estimate 2
Commercial Plumbing Replacement Diagram
Commercial Plumbing Valve Estimate
Spangler Drainage replacement Estimate
18.R. Approve Russell Joint Use Amendment #1 with the City of Milpitas
Rationale:

On January 26, 2010, the Board approved a Joint Use Agreement with the City of Milpitas for the Russell field. This agreement stated the City would have access to the field after school and on weekends. In exchange, the City would maintain the field and improve the field as needed through December 31, 2036.

 

On January 10, 2020, the Board approved hiring Base Landscape to design a track and field at Russell. To start construction after DSA approval, the District has been working with the City to amend the Joint Use Agreement to end the term on June 30, 2020. In exchange, the District will cover the costs to demolish the snack shack on the premises as it is in the construction zone. 
 
Recommended Motion:

Approve Russell Joint Use Amendment #1 with the City of Milpitas

 

Staff:

Wendy Zhang, Assistant Superintendent, Business Services

Attachments:
Joint Use Agreement
Joint Use Amendment #1
18.S. Obsolete Equipment
Rationale:

Attached is a list of items which have been identified by sites and departments as surplus, non-operable, stolen, broken, damaged, or are beyond repair.

 

          Total Items to Obsolete:  42

          Total Dollar Amount to Obsolete:  $32,647
 
Recommended Motion:

Classify the attached list of items as obsolete.

 

Staff:

Kelly Ng, Purchasing/Contracts/Bond Budget Manager

Wendy Zhang, Assistant Superintendent, Business Services

Attachments:
Obsolete List
18.T. Accept donations to the Milpitas Unified School District
Quick Summary / Abstract:

The following donations were made to the Milpitas Unified School District: 

Date: June 18, 2020

Site: Multiple sites

Donor: David Hufton

Donation: Check

Estimated current value: $140,000

Recommended Motion:

Accept the listed donations to the Milpitas Unified School District for the respective sites.

Attachments:
Donation Form of June 23
19. DATES OF FUTURE BOARD MEETINGS
Quick Summary / Abstract:

August 25, 2020 - Study Session: 5 p.m. Closed Session: 6 p.m. Open Session: 7 p.m. TBD

September 8, 2020 - Study Session: 5 p.m. Closed Session: 6 p.m. Open Session: 7 p.m. TBD


20. ANNOUNCEMENTS/REMINDERS
21. ADJOURNMENT
Disability Information:
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.

Published: June 19, 2020, 5:07 PM

The resubmit was successful.