In response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which temporarily suspends provisions of the Brown Act relating to public meetings. As such, Elk Grove Unified School District Board members will be conducting this open session board meeting via Zoom video/teleconferencing.

Zoom Online Meeting Platform

Zoom is an online meeting platform that will be used by the Elk Grove Unified School District Board of Education during the current State social distancing and shelter at home order. Those who wish to view the meeting will need an internet connection and device. Zoom is compatible with Windows and Apple computers, along with iPhones, iPads, Chromebooks and Android devices. The device must have working speakers to hear the meeting.

Please note:  If Zoom is not currently installed on a computer or device, Zoom will ask to download a small app to the computer or device. Please accept the install to continue to the Zoom meeting. Zoom will only need to install the app the first time a computer or device is used with Zoom. Mobile device users can install the Zoom app prior to a meeting by visiting their app store. ZOOM Cloud Meetings is the name of the app.

Agency designated representatives: Christopher R. Hoffman,
David Reilly, Robert Pierce, Karen Rezendes

Employee Organizations: All Elk Grove Unified School District
Bargaining Units and Unrepresented Employees 

Administer oaths of office as required by Education Code Section 35023.

Under the provisions of the Education Code, the Governing Board set its annual organizational meeting for December 15, 2020.  The purpose of the annual organizational meeting is to administer oaths of office to board members, elect the board's officers, and establish meetings for the coming year.

Elect a president, clerk, and board representative to elect members to the county committee on school district organization as required by Education Code Section 35023.

Under the provisions of the Education Code, the Governing Board set its annual organizational meeting on December 15, 2020. The purpose of the annual organizational meeting is to administer oaths of office to board members, elect the board's officers, and establish meetings for the coming year.

Establish the date, time and place of meetings for the coming year.

It is recommended that the Board continue to hold meetings the first and third Tuesdays of each month at 6:00 p.m., and between 5:00 p.m. and 6:00 p.m. for closed sessions when necessary, with the place of the meetings being determined by the Secretary to the Board of Education.

The Board is asked to receive the Finance Committee 2020 Annual Report and to recognize the contribution of its members.

Education Code 41020 requires an annual financial and compliance audit of a school district’s financial statements and internal controls.  This audit is required to be submitted to the County Office of Education and the State Controller’s Office by December 15 of the following year.

The firm Crowe LLP was engaged by the Board of Education to conduct the 2019-20 audit.

Mr. Jeff Jensen, Certified Public Accountant with Crowe LLP will present the report to the Board of Education.

When Dr. Martin Luther King, Jr., proclaimed the words, “I have a dream…,” he changed the course of Civil Rights in America.  Because of his sacrifices, the American people have made progress toward his dream for a world in which people are judged on the content of their character rather than the color of their skin.  Dr. King’s non-violent approach alerted the American people to the injustice of the treatment of people of color and has served as an example for all who wish to correct inequities.  His birthday reminds all educators of our responsibility and privilege to assist our students in developing their skills to reach their dreams for achievement.

The instruction in Elk Grove Unified School District schools acknowledges the contributions of Dr. Martin Luther King, Jr., and is consistent with the activities outlined in each site's Student Unity Plan.  Teachers employ a variety of activities including lessons from our adopted curriculum, assemblies/presentations featuring highlights of Dr. King’s life, and speaking and writing activities based on his “I Have A Dream” speech and his Letter from a Birmingham Jail.

The book Martin Luther King: A Peaceful Warrior by E. Clayton is one of the district’s elementary recommended reading list books for sixth grade and is a part of ongoing curriculum that recognizes leaders and heroes from all cultures and ethnic backgrounds.

The Board of Education is requested to (1) adopt Resolution No. 30, reaffirming the Day of Remembrance Resolution originally introduced by the Elk Grove Unified School District in February 1983 which declares annually a “Day of Remembrance” across the Elk Grove Unified School District, and (2) acknowledge the efforts of Marielle Tsukamoto, the Japanese American Citizens’ Leagues (JACLs) of Florin, Lodi, Placer County, Sacramento, the California Museum, and the California State University, Sacramento Archive Library, for their efforts in continuing to make the events of the internment of Japanese citizens during World War II a living history lesson; teaching future generations responsibility as American citizens to speak up and defend our constitutional rights.

Public Comment on Items on the Agenda or Not on the Agenda

NOTICE:   If you wish to address the Board, an electronic speaker card must be submitted with written comments prior to 4:30 p.m. on December 15, 2020.  Comments submitted on the designated speaker cards in the Google Document application through the following Link will be read to the Board by a staff member during the Board meeting.       PUBLIC COMMENT CARD

Please be sure to complete the Google electronic speaker card indicating whether the matter you wish to address is on the agenda or not on the agenda. The total amount of time allocated to present electronic speaker cards to the Board will be limited to a maximum of three (3) minutes, with a total of thirty (30) minutes designated for public comment on an item. Time limitations are at the discretion of the President of the Board of Trustees.

Virtual EGUSD Board participants are limited to 3000 people due to capacity constraints within Zoom. The Zoom meeting will be recorded (video and audio) and will be made available on the Elk Grove Unified School District’s YouTube channel at www.youtube.com/user/elkgroveunified

All items listed on the consent agenda will be acted upon by one motion, without discussion. Should any item need to be considered separately, that item will be pulled for discussion/action.

A review of the existing Board Policies showed that our policies needed to be updated.  The necessary updates are reflected in the following policies:

• BP 0410 Nondiscrimination in District Programs and Activities
• BP 1312.3 Uniform Complaint Procedures
• BP 4030 Nondiscrimination in Employment
• BP 4119.11 Sexual Harassment in Employment
  
• BP 5145.7 Sexual Harassment

The Board is requested to approve the attached list of personnel changes as indicated in the actions below.

CERTIFICATED:

New Hire(s) [7]

Leave(s) of Absence

Promotion(s)

Resignation(s)

Retirement(s)

CLASSIFIED:

New Hire(s) [11]

Promotion(s)

Resignation(s)

Retirement(s)

Pursuant to the legislation embodied in Education Code section 35186(d), specifically as it relates to the Williams Case legislation, each school district is required by law to report to the County Superintendent of Schools, on a quarterly basis, summarized data on the nature and resolution of all Williams-type complaints filed with the district.  Williams-type complaints relate to the sufficiency of textbooks, emergency school facility issues, and the vacancy or misassignment of teachers.

The summary reports are required to be publicly reported on a quarterly basis at a regularly scheduled meeting of the governing board of the school district and both the complaints and written responses are public records available to the public.  A copy of the electronically submitted report is attached.

During the period of July 1, 2020, through September 30, 2020, there were no complaints filed.

The Board of Education is requested to grant Certification of Administrator’s Competence to Evaluate for the newly-hired district administrators who have successfully completed the District’s training process.

The District provides training to all newly-hired administrators to certify their competence to evaluate employees.  Following Education Code 35160.5, Requirement of District Policies for Competency of Personnel Assigned to Evaluate and Board Policy 4115.1, Certification of Administrator’s Competence to Evaluate, the District uses the following process to certify each administrator’s competence to evaluate:

1. Individual instruction or attendance at a series of workshops on evaluation processes and procedures;
2. Demonstration of effective evaluation skills as certified by a trained observer who is a certificated manager.

The following administrator(s) successfully completed the administrative training process and are being recommended to obtain their Certification of Administrator’s Competence to Evaluate:

Nicole Brown, District Head Counselor
Tami Elmatari, Student Support and Health Services
Kim Forsythe, Special Education
Joshua Harmon, Elizabeth Pinkerton Middle School
Athena Lee, David Reese Elementary
John Lyman, Stone Lake Elementary
Chad Rede, Pre K Education
Christa Roberts, James Mckee Elementary

Detailed descriptions of the budget transfers along with summaries by fund are attached.  The budget transfers are for the period July 31, 2020, through October 31, 2020. 

Included are budget transfers from the 2019-20 ending fund balance, additional 2020-21 funding priorities from the September 1, 2020, Board meeting, and the 2020-21 1st Interim Report.

Under current Board Policy 3312 “contracts under the bid limits can be approved by the Designated Personnel, subject to Board ratification.  Amendments to contracts, including construction contract change orders both under and over bid limits, may be approved by the Designated Personnel, subject to Board ratification.”  Staff recommends that the Board ratify the contracts on the attached sheet, which are under the bid limit of $95,200 and have been approved by authorized district staff.

Public Code Section §20118 provides a statutory exception to the competitive bidding requirements set forth in the Public Contract Code by allowing districts to utilize cooperative bids secured by other districts or public entities for the purchase of materials, supplies and equipment.

It is in the best interest of the Elk Grove Unified School District to utilize the contract and pricing from OMNIA Partners, Region 4 ESC for the purchase of ergonomic solutions.

The Board is asked to adopt Resolution No. 21, 2020-21, approving the findings and determinations of the Initial Study, adopting the Mitigated Negative Declaration and the Mitigation Monitoring Program for the “Laguna Ridge East” Elementary School Site.

The California Environmental Quality Act (CEQA) and Board Policy 7160 require that environmental determinations be made on projects that may adversely impact the environment.  The District proposes to construct a new elementary school at the northwest corner of Poppy Ridge Road and Lousada Drive in the City of Elk Grove.  The proposed project consists of the acquisition of a 10-acre school site and construction of a new elementary school facility with the capacity to accommodate 966 PreK – 6^th grade students on a traditional calendar. 

Development of the proposed project will take approximately 18 months and it is anticipated that construction would begin in February 2021 and be complete by July 2022.

Based upon the Initial Study it has been determined that, with mitigation measures, no significant environmental impacts have been identified for the proposed project pursuant to CEQA Guidelines.  A Mitigated Negative Declaration and Mitigation Monitoring Plan have been prepared and a Notice of Determination will be filed for the Project if adopted by the Board.  In approving the Mitigated Negative Declaration, the Board must also make express findings demonstrating that the District has satisfied its legal obligations to consult with local authorities regarding whether there are any sources of hazardous air emissions or any facilities using hazardous materials within one-quarter mile of the school site.

Environmental documentation funded by Developer Fees, Mello-Roos Bonds, and State School Building Program funds.

The Board of Education is asked to (1) approve Change Order No. 1 with Amstar Construction Services, Inc., and (2) authorize a District Representative to sign the approved change order. 

On September 15, 2020, the Board of Education awarded a contract to Amstar Construction Services, Inc., for the Robert L. Trigg Education Center, Tenant Improvements – Room 111 project.  Change Order No. 1 consists of three (3) items.  The complete change order with backup is on file in the Facilities and Planning Department for review.

(See Attachment 1)

Attachment 2 provides detailed information on distribution of change order requests between Contractor and District.  Change Order No. 1 changes the contract amount of $57,900.00 by $4,032.60 to $61,932.60.

The Board of Education is asked to (1) accept the construction of the Robert L. Trigg Education Center, Tenant Improvements – Room 111 project, and (2) authorize the filing of the Notice of Completion.

On September 15, 2020, the Board of Education awarded a contract to Amstar Construction Services, Inc., for the Robert L. Trigg Education Center, Tenant Improvements – Room 111 project. The work has been completed and is recommended for acceptance by the Architect.

The Administration will file the Notice of Completion with the County Recorder within the statutory ten-day period.

The Board of Education is asked to (1) approve Change Order No. 1 with A.M. Stephens Construction Co., Inc., and (2) authorize a District Representative to sign the approved change order. 

On October 1, 2019, the Board of Education awarded a contract to A.M. Stephens Construction Co., Inc., for the Shade Structures at Various Sites, Phase 2 project.  Change Order No. 1 consists of one (1) item.  The complete change order with backup is on file in the Facilities and Planning Department for review.

(See Attachment 1)

Attachment 2 provides detailed information on distribution of change order requests between Contractor and District.  Change Order No. 1 changes the contract amount of $1,146,501.00 by ($151,936.00) to $994,565.00.

The Board of Education is asked to (1) accept the construction of the Shade Structures at Various Sites, Phase 2 project, and (2) authorize the filing of the Notice of Completion.

On October 1, 2019, the Board of Education awarded a contract to A.M. Stephens Construction Co., Inc. for the Shade Structures at Various Sites, Phase 2 project. The work has been completed and is recommended for acceptance by the Architect.

The Board of Education is asked to (1) Approve a Guaranteed Maximum Price of $2,398,956.00 for the construction of the Building Envelope Remediation project, and (2) Authorize the Administration to sign all documents necessary for a Lease-Leaseback Agreement with S+B James Construction.

In July 10, 2020, and July 17, 2020, the District issued a Request for Qualifications (RFQ) seeking a general contractor to provide Lease-Leaseback (LLB) construction services for the Building Envelope Remediation at Various Sites project. In response to the RFQ, two (2) responsive qualification statements and sealed proposals that would form the basis of negotiations for a Guaranteed Maximum Price (GMP) were received. 

District staff scored the qualifications and proposals to determine contractors’ ability to deliver the project on time and to assure the best value to the District. Based upon the results, S+B James Construction was determined to be the general contractor who would provide the best value to the District for the construction of the Building Envelope Remediation at Various Sites project.

On September 15, 2020, the Board authorized Administration to negotiate with S+B James Construction to determine a GMP and, subsequent to that authorization, S+B James solicited bids from qualified subcontractors seeking quotes from all trades for the construction of the Building Envelope Remediation at Various Sites project.

Funded with Measure M funds.

The Board of Education is asked to (1) Authorize Administration to negotiate with Clark Sullivan Construction to perform the Laguna Ridge East Elementary School project to determine a Guaranteed Maximum Price (GMP).

On September 25, 2020 and October 2, 2020, the District released a Request for Qualifications and sealed general condition cost proposals to perform pre-construction and/or LLB construction services for the Laguna Ridge East Elementary School project.  On November 6, 2020, the District received thirteen (13) responsive qualifications.

Contractors submitted Statement of Qualifications and sealed proposals that will form the basis of negotiations for a GMP in an LLB agreement.  District staff reviewed and scored the proposals to determine the contractors’ ability to deliver the project on time and to assure the best value to the District would be achieved.  Based upon the results, Clark Sullivan Construction was determined to be the contractor who would provide the best value to the District for the construction of the Laguna Ridge East Elementary School project.  With the Board’s authorization, administration seeks authorizations to negotiate a Guaranteed Maximum Price GMP for site work and subsequently a GMP for Buildings after DSA approval with Clark Sullivan Construction.

Funded with State School Building Funds, Measure M, and Certificates of Participation and/or Developer Fees.

The Board of Education is requested to adopt the 2021-22 EGUSD Middle School Course Catalog and the EGUSD 2021-22 High School Course Catalog and College/Career Planning Guide.

The EGUSD middle and high school course catalogs provide information for courses offered in all district secondary schools including alternative education schools.  Additional information is provided regarding graduation requirements, career academy programs, and college preparations.

The EGUSD Middle School Course Catalog and High School Course Catalog and College/Career Planning Guide include all district courses, including Career Technical Education (CTE) programs and the adopted curricula for each course.

The 2021-22 course catalogs are provided to students and families electronically via the district website at http://www.egusd.net/academics/course-catalogs/ and through each school’s website.  The catalogs are provided in English, Spanish, and Hmong languages.

The following Requests for Revision to an Existing Board-Adopted Course have undergone review and approval by the appropriate subject-area steering committee(s), the EGUSD Curriculum Council, and have the support of principals.

Web Design and Development, Intermediate (Course #12139) (CTE, Grades 10-12)

It is requested that the prerequisite be changed from “Web Design & Development with a grade of C or better” to “Web Design & Development or Web Development.” 

Advanced Manufacturing I (Course #12351) (CTE, Grades 11-12)

It is requested that the prerequisite be changed from “Engineering Design A” to “Manufacturing and Product Development, Introduction to.”  It is also requested that the grade level be changed from grades 11-12 to grades 10-11.

Dance Composition & Performance I, II, III, IV (Course #s 06461, 06462, 06463, 06464) (VAPA, Grades 9-12) It is requested that each of these year-long, 10 credit courses be repeatable for up to 20 credits.

The following courses have undergone review and approval by the appropriate subject-area steering committee(s), the EGUSD Curriculum Council, and have the support of principals.

Mathematics I Online (Mathematics, Grades 9-12, Las Flores Independent Study High School) (one-year equivalent, 10 credits) This online course is the first course in a series of three that uses an integrated approach to cover the following domains:  Number and Quantity, Algebra, Functions, Geometry, and Statistics and Probability.  The problem situations, models, and technology used will foster connections to the eight standards of mathematical practice which develop concepts from multiple perspectives.  Mathematics I topics focus on the interconnectedness of function elements, tables, graphs, and equations; comparison and contract and decision-making using Algebraic models; proving Geometric theorems about two-dimensional figures; and modeling using mathematical probability.

Pre-Requisite: None

Adopted curricular materials: Edgenuity Online Courseware Mathematics I

Mathematics II Online (Mathematics, Grades 10-12, Las Flores Independent Study High School) (one-year equivalent, 10 credits) This online course is the second course in a series of three that uses an integrated approach to cover the following domains: Number and Quantity, Algebra, Functions, Geometry, and Statistics and Probability.  This course focuses on extending the laws of exponents to rational exponents and solving and comparing the characteristics of functions, including their associated inequalities.  Students will extend their work with similarity, triangle and coordinate proofs, constructions, congruence, and transformations while using proportional reasoning, trigonometric ratios, and the Pythagorean Identity.

Pre-Requisite: Mathematics I or Applied Mathematics with a grade of C or better

Adopted curricular materials: Edgenuity Online Courseware Mathematics II

Mathematics III Online (Mathematics, Grades 11-12, Las Flores Independent Study High School) (one-year equivalent, 10 credits) This online course is the third course in a series of three that uses an integrated approach to cover the following domains: Number and Quantity, Algebra, Functions, Geometry, and Statistics and Probability.  This course focuses on four major areas: (1) expanding the understanding of functions to include polynomial, rational, and radical functions; (2) expanding right triangle trigonometry to include general triangles; (3) applying methods from probability and statistics to draw inferences and conclusions from data, and (4) consolidating functions and geometry to create models and solve contextual problems.

Pre-Requisite: Mathematics II, Mathematics II B, Part 2, or Mathematics II Honors with a grade of C or better

Adopted curricular materials: Edgenuity Online Courseware Mathematics III

Biochemistry of Foods (Science, Grades 11-12) (one-year equivalent, 10 credits) In this course, students will institute and apply chemistry and biology course content related to food science including food safety, food chemistry, food biology, food processing, food product development, and marketing.

Pre-Requisite: Biology of the Living Earth and Culinary Chemistry

Adopted curricular materials: Principles of Food Science, Fourth Edition, The Goodheart-Willcox Company, Inc.

Database Design and SQL Programming (CTE, Grades 11-12) (one-year equivalent, 10 credits) This course is designed to prepare students who would like to experience a CTE college preparatory course.  Students will learn database design and Structured Query Language (SQL).  Students engage in hands-on learning and develop skills in Database Design, SQL, and/or PL/SQL along with career skills such as problem solving, collaboration, and critical thinking.  The knowledge and practical skills students gain will help them advance their academic studies in computer science or enter the job market across industries.

Pre-Requisite: Exploring Computer Science and Computer Science Principles

In accordance with BP 6161.1, the following instructional materials have been reviewed and approved by the appropriate subject-area steering committee(s), the EGUSD Curriculum Council, and have the support of principals.

Basic

Theory of Knowledge Course Companion; Copyright 2020, Oxford University Press (IB Theory of Knowledge, Grades 11-12) [This basic instructional material will be paid for using EGUSD Instructional Materials funds.]

Mathematics Core Topics SL, Book 1; Copyright 2019, Haese Mathematics (IB Mathematics: Analysis and Approaches SL, Grades 11-12, and IB Mathematics: Applications and Interpretation SL, Grades 11-12) [This basic instructional material will be paid for using EGUSD Instructional Materials funds.]

Mathematics Core Topics HL, Book 1; Copyright 2019, Haese Mathematics (IB Mathematics: Analysis and Approaches HL, Grades 11-12) [This basic instructional material will be paid for using EGUSD Instructional Materials funds.]

Mathematics Applications and Interpretation SL, Book 2; Copyright 2019, Haese Mathematics (IB Mathematics: Applications and Interpretation SL, Grades 11-12) [This basic instructional material will be paid for using EGUSD Instructional Materials funds.]

Mathematics Analysis and Approaches SL, Book 2; Copyright 2019, Haese Mathematics (IB Mathematics: Analysis and Approaches SL, Grades 11-12) [This basic instructional material will be paid for using EGUSD Instructional Materials funds.]

Mathematics Analysis and Approaches HL, Book 2; Copyright 2019, Haese Mathematics (IB Mathematics: Analysis and Approaches HL, Grades 11-12) [This basic instructional material will be paid for using EGUSD Instructional Materials funds.]

Principles of Food Science, Fourth Edition; Copyright 2015, The Goodheart-Willcox Company, Inc. (Biochemistry of Foods, Grades 11-12) [This basic instructional material will be paid for using CA Partnership Academy funds.]

Edgenuity Online Courseware Mathematics I, (Mathematics I Online, Grades 9-12; Las Flores Independent Study High School) [This basic instructional material will be paid for using site funds.]

Edgenuity Online Courseware Mathematics II, (Mathematics II Online, Grades 10-12; Las Flores Independent Study High School) [This basic instructional material will be paid for using site funds.]

Edgenuity Online Courseware Mathematics III, (Mathematics III Online, Grades 11-12; Las Flores Independent Study High School) [This basic instructional material will be paid for using site funds.]

C-STEM Studio / Soft Integration (CTE Business and Technology, Grades 9-12) [This basic digital instructional material will be paid for using CA Partnership Academy funds.]

Supplemental

Flocabulary (History/Social Science, Grades 7-8) [This supplemental digital instructional material will be paid for using site funds.]

Oracle Academy (Database Design and SQL Programming, Grades 11-12) [This supplemental digital instructional material will be paid for using CTE funds.]

Employability: Interview Skills Training (CTE, Grades 9-12) [This supplemental digital instructional material will be paid for using site, CTE, and/or CA Partnership Academy funds.]

Show Smart Livestock (CTE, Grades 7-12) [This supplemental digital instructional material will be paid for using CTE and/or CA Partnership Academy funds.]

The Board is asked to approve the LCFF budget overview for parents.

California Education Code (EC) Section 52064.1 requires each school district and charter school to develop the Local Control Funding Formula (LCFF) Budget Overview for Parents in conjunction with the LCAP by July 1 of each year.  SB 98 added EC Section 43509, which changed the adoption date for the Budget Overview for Parents for the 2020–21 school year.  For the 2020–21 school year, local governing boards are required to adopt and submit the Budget Overview for Parents on or before December 15, 2020, in conjunction with the LEA’s first interim budget report.

The Budget Overview for Parents is to include the following: 

• The specific amount of federal funds allocated to the LEA under the Coronavirus Aid, Relief, and Economic Security (CARES) Act
• Total Budgeted Expenditures in the Learning Continuity and Attendance Plan (LCP) and Total Budgeted Expenditures that Contribute to Increasing or Improving Services for Unduplicated Pupils in the LCP

Upon local governing board approval, the Budget Overview for Parents will then be placed on our homepage of our internet website along with the LCP and LCAP Federal Addendum.

For your review and approval attached is Budget Overview for Parent for the Elk Grove Unified School District.

The Board is asked to approve the LCFF budget overview for parents.

California Education Code (EC) Section 52064.1 requires each school district and charter school to develop the Local Control Funding Formula (LCFF) Budget Overview for Parents in conjunction with the LCAP by July 1 of each year.  SB 98 added EC Section 43509, which changed the adoption date for the Budget Overview for Parents for the 2020–21 school year.  For the 2020–21 school year, local governing boards are required to adopt and submit the Budget Overview for Parents on or before December 15, 2020, in conjunction with the LEA’s first interim budget report.

The Budget Overview for Parents is to include the following: 

• The specific amount of federal funds allocated to the LEA under the Coronavirus Aid, Relief, and Economic Security (CARES) Act
• Total Budgeted Expenditures in the Learning Continuity and Attendance Plan (LCP) and Total Budgeted Expenditures that Contribute to Increasing or Improving Services for Unduplicated Pupils in the LCP

Upon local governing board approval, the Budget Overview for Parents will then be placed on our homepage of our internet website along with the LCP and LCAP Federal Addendum.

For your review and approval attached is the Budget Overview for Parents for Elk Grove Charter School.

The Board of Education is asked to (1) Open a public hearing and receive comments on the California School Employees Association (CSEA) initial proposal to Elk Grove Unified School District (EGUSD) for 2020-2021 collective bargaining; (2) Close the public hearing after listening to comments.

After closing the public hearing, the Board is asked to take action to accept CSEA's initial proposal.

Pursuant to Government Code Section 3547, the following are stipulated for negotiations between a bargaining unit and the District:

1. The union's initial proposal is officially presented at a public meeting of the Governing board for public notice; and 

2. A public hearing is conducted to receive public input regarding the union's initial proposal.

CSEA's initial proposal is attached.

It is recommended that after the closure of the public hearing, the Board take action to accept CSEA's initial proposal.

The Board is asked to approve the 2020-21 1st Interim Financial Report.

Request for approval is in accordance with Education Code 33129, 42130, and 42131, which states the 2020-21 First Interim Financial Report must be approved by the governing board and submitted to the Sacramento County Office of Education no later than December 15, 2020.

BACKGROUND:

Following Trustee Bobbie Singh-Allen’s election to the position of Mayor of the City of Elk Grove, a vacancy has opened up on the Board.    The Board must now consider how to fill the Board vacancy created in Trustee Area Four.  The process and timelines applicable to filling a board vacancy, as set forth in Education Code sections 5090, et seq. and Elk Grove Unified School District Board Bylaw 9223, are summarized below.

The Board Must Order an Election or Make a Provisional Appointment within 60 Days

Pursuant to Education Code section 5091, subdivision (a), the Board shall either order an election or make a provisional appointment to fill the vacancy within 60 days of the vacancy.  It is within the Board’s discretion to decide whether to order an election or make a provisional appointment.  If the Board fails to do either within the 60-day time period, the County Superintendent is required to call an election.

1. Option 1: Make a Provisional Appointment

   If the Board chooses to make a provisional appointment, the Board will establish the protocols to fill the vacancy.  The District’s Board Bylaw 9223 lays out a broad framework for recruiting, screening, and selecting a provisional appointee.  The District must advertise in the local media to solicit candidate applications or nominations, the Board must interview candidates during a public meeting, and the Board must approve the provisional appointee by a majority vote.  (Board Bylaw 9223.)
   

   After the Board has made a provisional appointment, the District must post notices of the vacancy and the provisional appointment in three public places in the District within ten (10) days of the provisional appointment.  (Ed. Code, § 5092.)  If voters in the District are dissatisfied with the provisional appointment, they have 30 days from the date the appointment is made to file a petition to conduct a special election to fill the vacancy.  (Ed. Code, § 5091, subd. (c).) 
   

    

2. Option 2: Order an Election
   

If the Board chooses to order an election, rather than make a provisional appointment, the election must be held on the next established election date that is not less than 130 days after the Board orders the election.  (Ed. Code, § 5091, subd. (b).)  Therefore if the Board chooses to fill the position via an election, that election will likely be held on November 2, 2021, and the seat will remain vacant until that time.  The Sacramento County Registrar’s office has estimated that a special election will cost the District between $2 million and $4 million dollars.

During this meeting the Board will consider whether to initiate the provisional appointment process or order an election to fill the vacancy.

In compliance with the Americans with Disabilities Act and California Executive Order N-29-20, those requiring special assistance to access the Zoom Board meeting, access and complete the Google Electronic Public Comment Form, or to access written documents discussed at the Board meeting that are available on the District’s website, please contact Ludi Avalos at (916) 686-7700.  Notification of at least 24 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to the Zoom board meeting and to provide any required accommodation, auxiliary aids or services.

Documents provided to a majority of the Governing Board regarding an open session item on this agenda will be posted online attached to the board agenda for public inspection.