• Public Employee Discipline/Dismissal/Release (Government Code Section 54957(b))
• Public Employee Appointment/Employment (Government Code Section 54957(b))              
• Conference with Legal Counsel - Anticipated Litigation (Government Code Section 54956.9(b))
  • Number of Cases: 2

This part of the meeting provides an opportunity for the public to address the Board of Education on items that are not listed on the Agenda. Comments are welcome; however, the Board is prohibited by law from having a discussion with the speaker(s) during this segment of the meeting. Board members may respond briefly, refer an item to staff, or ask clarifying questions. Those wishing to speak must fill out and submit a “Request to Address the Board” card located on a table near the entrance to the meeting room. This card should be given to the recording secretary, along with any material to be shared with the Board. Your item will be taken under consideration and referred to appropriate staff, if necessary. 

PURPOSE OF PRESENTATION

Recommend approval of these appointments, changes of status, waivers, retirements, leaves of absence and terminations.

Recommend approval of these appointments, changes of status, waivers, retirements, leaves of absence, and terminations.

PURPOSE OF PRESENTATION         

The purpose of this item is to present the Governing Board the proposed architectural services provider for the design needs of the Measure L Bond Program and allow Staff to begin negotiations to execute the Architectural Services Agreement (the “contract”).

HISTORY/BACKGROUND

On November 4, 2014 the residents of Hayward voted to pass Measure L, which allows HUSD to protect quality education and student safety by modernizing, renovating, replacing and upgrading facilities and the outdated or deteriorating systems within the Hayward Unified School District.

To assist with the implementation process, architectural services are necessary for design needs that meet the District’s goals and ideals, as well as, pass DSA approval.  HUSD issued a formal request for qualifications and proposals (RFQP) with the purpose of identifying qualified design service providers.

Approval of this item will allow HUSD staff to enter into contract negotiations with the selected service provider. The contract will provide HUSD construction ready documents that will meet local, State and federal guidelines, requirements, approvals, codes and regulations within the allotted construction budget and timeline. In addition, these contracts will include services for construction administration and closeout of the projects to meet all applicable codes and regulations, including the Division of the State Architect (DSA). 

IMPLEMENTATION

It is expected that the Measure L architectural design process will follow the 5-phase process as recognized by the American Institute of Architects: 1. Originate, 2. Focus, 3. Design, 4. Build, and 5. Occupy.  The first phase included the brainstorming and creative process, including contemplation of draft renditions of potential projects as provided by the various architects.  Phase Two focuses on defining the project, scope, features, purpose and functionality with stakeholders as led by the architects.  With the approval of the architect listed, HUSD can begin Phase Two and begin working with the community through town hall meetings and focus on the scope and features of that which we wish to build reasonably within appropriate budgetary allocations. 

HUSD, through the RFQP process, advertised publicly for these services. In addition, through the “outreach” program, Staff reached out to fifty-five (55) design firms to ensure awareness of the RFQP. In response to the RFQP, HUSD received twenty-six (26) submittals with design service qualifications. The submittals where evaluated based on the criteria outlined in the RFQP and the process identified a “short-list”. Due to an impressive response, the short-list was composed of twelve (12) design firms. Staff conducted interviews with each of the firms on the “short-list”. At the August 12, 2015, regular board meeting, the Board approved:   

 Staff recommends the additional design service provider: 

It is recommended that the Governing Board approves contract negotiations between Staff and LPA, Inc. for the necessary Architectural Services with the intent to execute a contract.

PURPOSE OF PRESENTATION

To present consultant contracts to the Board of Education for approval. 

BACKGROUND

PURPOSE OF PRESENTATION     

To present to the Board of Education, a contract to ratify for FIT Inspection Services in order to maintain compliance with Education Code §§ 17002, 17047 regarding school facilities’ “good repair” and rating.

HISTORY/BACKGROUND

The Eliezer Williams, et al., vs. State of California, et al. (Williams) case was filed as a class action in 2000 in San Francisco County Superior Court. The plaintiffs include nearly 100 San Francisco County students, who filed suit against the State of California and state education agencies, including the California Department of Education (CDE). The basis of the lawsuit was that the agencies failed to provide public school students with equal access to instructional materials, safe and decent school facilities, and qualified teachers. 

The case was settled in 2004, resulting in the state allocating $138 million in additional funding for standards-aligned instructional materials for schools in the first and second ranks (known as deciles) determined through the 2003 Academic Performance Index (API) Base. The settlement includes another $50 million for implementation costs and other oversight-related activities for schools in deciles one through three (2003 API Base). These two amounts were included in the state budget signed in July 2004 by Governor Schwarzenegger. The settlement was implemented through legislation adopted in August 2004: Senate Bill (SB) 6, SB 550, Assembly Bill (AB) 1550, AB 2727, and AB 3001.

As a result of the Williams case, the CDE instituted changes to the School Accountability Report Card (SARC) template that all schools must update and publish annually. The changes help all schools report the overall condition of their facilities, the number of teacher misassignments and vacant teacher positions, and the availability of textbooks or instructional materials.

Alameda County Office of Education has historically and randomly inspected and provided a report to Hayward Unified School District on the sites visited.  The District would report the findings on their SARCs.  Proactively, the District seeks to inspect all sites, establish preventative maintenance schedules and capital project projections from the findings and in accordance with standards set by statute and industry best practices.

The following comparison was solicited: 

IMPLEMENTATION

An inspector will conduct one visual inspection of each school facility and take pictures of any applicable deficiency.  A draft report will be submitted to the District for review, and a final FIT will be submitted electronically thereafter.

Ratify the contract for FIT Inspections between Hayward Unified School District and CSI: California School Inspections, LLC.

PURPOSE OF PRESENTATION     

To present to the Board of Education, a contract to ratify for School Innovations & Achievement (SIA) in order to ensure and maintain compliance with the Mandate Block Grant Program.

HISTORY/BACKGROUND

For each fiscal year that a local educational agency (LEA) elects to receive block grant funding, it must submit a Mandate Block Grant Application which represents the Letter Requesting Funding.  Funds are allocated using average daily attendance (ADA) calculated as of the 2014-15 Second Principal Apportionment.  The 2015-16 MBG funding rates set forth in Item 6100-296-0001 of the 2015 Budget Act are as follows:

¹ Rate is per unit of average daily attendance (ADA) calculated as of the 2014–15 Second Principal (P-2) Apportionment; if necessary, the rates may be proportionately reduced to stay with total available funding

² Countywide ADA is defined as the aggregate number of units of ADA within the county attributable to all school districts for which the county superintendent of schools has jurisdiction pursuant to Section 1253 of the California Education Code, charter schools within the county, and the schools operated by the county superintendent of schools

Listings of eligible block and non-block grant programs are attached.

The most recent compliance contract the District held with Capitol Advisors since September 1, 2013 expired on June 30, 2015.  Services include: identifying and gathering documentation to support client applications, reviewing client applications, and advising and assisting with behavioral intervention plans. 

The most comprehensive scope was provided by School Innovations & Achievement to include the above application and filing services, as well as, interactive professional development, interim and annual reports, monitoring of District’s mandated cost tracking systems, representation with respect to any State audit of mandate reimbursement claims, and free access to the online publication Cabinet Report.  School Innovations & Achievement is also a well-established and reputable company that immediately aided the District in submitting Pertussis Claims for years 2011-2012, 2012-2013, 2013-2014 this past July 2015.  Capital Advisors whose contract expired June 30, 2014, with the District did not include prior year, late and amended mandate block grant filing, HUSD staff training, cost tracking assistance, and representation for State Controller Office audits in their quote.  Axiom only offered initial filings, reimbursement claims for non-block grants, and monitoring Commission decisions.

Moreover, School Innovations & Achievement recommended applying for non-block grant mandates projecting an increase to annual claims revenue between 26% - 89%. 

IMPLEMENTATION

On August 25, 2015, the 2015-16 application due not later than August 31, 2015, was submitted to the California Department of Education (CDE).  The CDE anticipates that 100 percent of each LEA’s MBG will be paid in November 2015 to all LEAs that submitted the MBG Application.  The amount paid will equal 100 percent of each LEA’s entitlement. 

Ratify the contract for Mandate Block Grant Program Compliance between Hayward Unified School District and School Innovations & Achievement.

PURPOSE OF PRESENTATION

To present the following Memorandum of Understandings (MOU) to the Board of Education for approval. 

BACKGROUND

PURPOSE OF PRESENTATION

Consideration of a Memorandum of Understanding between Hayward Unified School District and Eden Area Regional Occupational Program (ROP) for Career/Occupational Training Programs for 2015-16, historically known as the District Contracted Program.

HISTORY/BACKGROUND

Each year, the District offers ROP programs at the high schools, and enters into an agreement with the Eden ROP that specifies the courses that have been approved and outlines the responsibilities of both the District and the ROP related to the District Contracted Program. 

The ROP provides funding to assist with the costs of the District Contracted Program, but such funding is not intended to cover the District’s full cost of the program.

IMPLEMENTATION

The ROP will provide leadership and coordination services and monitor programs to ensure that quality career technical standards are met and in compliance.

The ROP anticipates 25 sections and a cap of 193 ADA.  Revenue to be generated by the District is calculated at 75% of $2,933.33 per ADA plus $21,000.00 for career technician salaries to total $445,600.00.

Approve the Memorandum of Understanding with Eden Area Regional Occupational Program (ROP) for Career/Occupational Training Programs for 2015-16.

PURPOSE OF PRESENTATION          

To present to the Governing Board, for review and approval, the final agreement between Hayward Unified School District (HUSD) and Eden Area Regional Occupational Program (EAROP) for transportation services for the 2015-16 school year.

HISTORY/BACKGROUND

The District has historically provided and qualified with a Memorandum of Understanding, Transportation Services with Eden Area ROP for students participating in the program from San Leandro, San Lorenzo, and Hayward Unified School Districts.

IMPLEMENTATION

The MOU defines the estimated annual mileage of 43,000 with service area estimates outlined on the MOU, by school district. EAROP will pay HUSD $322,515.00. Excess mileage above 43,000 will be invoiced at $7.50/mile.

PURPOSE OF PRESENTATION

To provide a comprehensive environmental education program designed for middle school youth in the after school program. Using scientific tools and technology, YEP middle school students in the Science Action Club (SAC) will carry out hands-on nature investigations, contribute to authentic research projects, and help scientists around the globe answer pressing questions about our planet. 

HISTORY/BACKGROUND

California School-Age Consortium (CalSAC) will be working with YEP, to provide students with the opportunity to participate in the science action club’s and professional development for staff.  The Science Action Club Project is fully funded by Cal Academy of Science and the California School-Age Consortium. No cost to the YEP Program or general fund.

IMPLEMENTATION 

CalSAC will provide 24 hands-on environmental science activities to approximately 18-24 YEP students at Bret Harte, Cesar Chavez, Martin L. King Jr., Ochoa and Winton Middle School.  The Science Action Club will operate 2 days a week at all 5 comprehensive middle schools.  The program is led by a YEP Program Leader who will trained with the curriculum by a certified CalSAC trainer.  The club is to provide a unique opportunity for underserved middle school students to participate in a fun, educational science and environmental-oriented after school program that will spark their continued interest in STEM. 

Approve the Memorandum of Understanding

PURPOSE OF PRESENTATION

The purpose the presentation is to present to the Board of Education the Memorandum of Understanding (MOU) between Hayward Unified School District and Project Eden/Horizon Services, Inc.

HISTORY/BACKGROUND

Project Eden/Horizon Services, Inc. is a community based agency providing Alcohol, Tobacco and Other Drug (ATOD) services within our community and at several Hayward Unified Schools.  This agency has worked individually with sites and created opportunities for our secondary students to participate in education and prevention activities and to receive support around issues of tobacco, alcohol and other drug use.  In addition, Project Eden/Horizons Services, Inc. provides parent education workshops. This MOU is being brought forth to formalize our ongoing collaboration as well as to outline mutual commitments for the 2015-2016 school year. 

IMPLEMENTATION:

The implementation of this MOU will formalize the service delivery model at 6 secondary school sites, Bret Harte and Winton Middle Schools and Hayward, Tennyson, Mt Eden and Brenkwitz High Schools.

Approve Memorandum of Understanding as recommended.

PURPOSE OF PRESENTATION

The purpose the presentation is to present to the Board of Education the memorandum of understanding between Hayward Unified School District, Tiburcio Vasquez Health Center, Inc. and the Alameda County Health Care Services Agency.

HISTORY/BACKGROUND

Tiburcio Vasquez  Health Center, Inc. has been collaborating with Hayward Unified School District and the Alameda County Health Services to provide school-based health center services at Tennyson High School and Hayward High School.  These services include health education, mental health care services, screening and referral services, treatment services, after school services and parent education.  These services have been a support to Tennyson High School and Hayward High School as they provide the much needed resources for students to overcome their barriers to learning. 

IMPLEMENTION

This MOU is an ongoing MOU to support the operations of the Health Center and all of its services.

Approve Memorandum of Understanding as recommended.

BACKGROUND:  

The IEP teams have determined these students require the services of a Non-Public School, based on their exceptional needs.

S U M M A R Y

Non-Public School                             Purpose                                              HUSD Cost                    

Devereux Florida                                Tuition and related services                $   180,083.96

Pine Hill School                                  Tuition and related services                $     53,622.00

Provo Canyon School                         Tuition and related services                $   125,840.00

Spectrum Center                                 Tuition and related services                $2,258,259.80

Approve placements of students in Non-Public Schools

The current site provided by HUSD is in-sufficient to house all of its enrollees. Additionally, the closing of FAME Charter in Fremont has brought more students to Key Academy.

HISTORY/BACKGROUND

Key Academy was granted approval of their Petition in 2013. The school is located at the  Markham campus, which shares the site with Faith Ringgold Elementary school.  For the 2014-15 school year Key Academy leased the Markham campus.  For the 2015-16 school year, Key Academy submitted a Prop 39 request to use District facilities.  However, the District does not have sufficient space to at Markham to serve all of the Key Academy students. 

IMPLEMENTATION

Key Academy Key Academy Charter School is asking to be able to add an additional facility in the Eden Area (but outside of the City of Hayward) to serve all of its students.  Key Academy has secured a 2^nd site at the Epiphany Lutheran Church (16244/48 Carolyn St, San Leandro for the 2015-16 school year.  Key Academy would continue to occupy the Markham site per our Proposition 39 Agreement.  A more detailed explanation of the request is attached.  The Education Code allows for this additional site.  Since this is not considered a material change to the charter, it does not require that Key Academy resubmit a petition for Board approval. As HUSD does not have an additional facility to provide Key Academy, District administration has approved the use of the space.  The District is bringing this proposal forward for ratification so that the public is aware that Key Academy is operating a space outside of the District boundaries. 

Ratify the use of a second site outside of District boundaries for Key Academy.

PURPOSE OF PRESENTATION

To present study trips for Board consideration.

HISTORY/BACKGROUND

a)  Eldridge– October 22-23, 2015:  Fifty 5-6^th grade students will participate in a history study trip on the U.S.S. Hornet in Alameda, California. Students will travel by private vehicles and be housed in bunk beds on the ship.  There will be 5 male chaperones and 9 female chaperones. Ray Lepinsky, teacher, is in charge of this trip.

IMPLEMENTATION

The cost for students is $70.  Fundraisers and donations will finance this trip.  No student will be denied participation due to lack of funds.  The event will take place Thursday, October 22 through Friday, October 23.

b)  Hayward High– February 24-27, 2016:  One hundred 10-11^th grade students will participate in a college tour in Northern California.  Students will travel by charter bus and be housed in a hotel.  There will be 5 male chaperones and 5 female chaperones. Lupe Santoya, counselor, is in charge of this trip.

IMPLEMENTATION

The cost for students is $200.  Puente and AVID funds and fundraisers will finance this trip.  No student will be denied participation due to lack of funds.  The event will take place Wednesday, February 24 through Saturday, February 27.

PURPOSE OF PRESENTATION

To provide information and an update on Williams Complaints.

HISTORY/BACKGROUND 

Williams Legislation requires quarterly reports to the H.U.S.D. Board of Trustees.  This Legislation calls for public schools statewide to provide equal access to qualified teachers, instructional materials, and campus facilities that are safe and in good condition. 

The eligibility list is required to be updated every 3 years.  The following sites are Williams’ schools based on their 2009 base API. 

No William’s complaints were received for this Quarterly Report

This is an information item only

PURPOSE OF PRESENTATION

The Governing Board is being presented with the following Resolutions:

• Resolution 1516-07, Gann Amendment Limitation

• Resolution 1516-08,  Adult Ed AB86 & AB104 Compliance

• Resolution 1516-09, Suicide Prevention Awareness Month

It is recommended that the Governing Board adopt the Board Resolutions.

PURPOSE OF PRESENTATION

To present to the Governing Board an annual update and required resolution regarding the Gann Limit calculation. This annual update is provided in conjunction with the Unaudited Actuals Financial Reporting and year end close process.

HISTORY/BACKGROUND

In 1978, California voters passed Proposition 13, which limited how much public agencies can collect in taxes. In 1979, the voters passed Proposition 4, commonly called the Gann Limit which determines the amount public agencies can spend from the proceeds of state and local taxes.

In September of each year, Education Code 42132 requires school districts to adopt a resolution identifying the actual appropriations limit for the prior year and the estimated limit for the forthcoming year. This resolution shall include the report used to calculate the limit and identify if an increase to the limit is required.

IMPLEMENTATION

The Gann Limit calculation is a supplemental report included in the Unaudited Actuals Financial Report (Form GANN). The District is not reporting an increase in its Gann Limit appropriation as reflected in Section D, line 10 of the Form GANN report.  Pending adoption of the resolution, this report will be submitted to the Alameda County of Office of Education as a component of the District’s 2014-15 Unaudited Actuals Report. 

It is recommended that the Governing Board adopt Resolution 1516-07 declaring that appropriations in the budget for the 2014-15 and 2015-16 fiscal years do not exceed the limitations imposed by Proposition 4, Gann Amendment Limitation. 

PURPOSE OF RESOLUTION

HUSD needs to assign designee to ensure compliance with new law (Adult School funding)

HISTORY/BACKGROUND

According to Adult School reorganization, authorized via AB86 and AB104 (and the regulations that govern), the Hayward Unified School District designates, Dr. Guy ‘Zak’ Zakrevsky as our authorized representative to ensure compliance.

Dr. Zakrevsky has been our District’s Director of the Adult School for the past 2 years, and has been involved with the reorganization of Adult Schools (authorized under AB86 & AB104).

Adult Schools are organized (for funding and programs) within consortiums – created in conjunction with Community College Districts. The Adult Schools still operate under the jurisdiction of  local school districts, but funding is aligned to the consortiums (and distributed through the Chancellor’s Office of the Community College System).

A letter from the MACC (Mid-Alameda County Consortium) is included (outlining the regulations).

IMPLEMENTATION

Dr. Zakrevsky has been involved with the process for the past 2 years. This is a compliance requirement.

PURPOSE OF PRESENTATION

The minutes of the following Board of Education Meeting is being presented for adoption.

• August 12, 2015

IMPLEMENTATION

After adoption by the Board of Education, these minutes become the official record of actions taken by the Board of Education and are kept indefinitely.

Adopt the minutes from the Board of Education Meeting.

PURPOSE OF PRESENTATION           

The purpose of this presentation is to give an update on the Bond programs (both Measure I and Measure L).  The second purpose is to present the updated Demographic Study, specifically as it relates to the community and Governing Board’s interest in potentially migrating to different grade span configurations (K-6, 6-8, K-8, K-5, etc.). 

HISTORY/BACKGROUND

Staff presented findings from the Demographic Study on January 30, 2013.  Also at the request of the Governing Board, on May 18, 2013, information and different scenarios focusing on the Board’s interest to potentially reconstitute HUSD elementary and middle school grade spans were presented.  On October 9, 2013, the Board discussed an update on the demographic and boundary study process and was interested in the discussion/project being revitalized in preparation for potential community meetings.  A demographics study is a planning tool used in conjunction with other information in a District’s decision-making process for future staffing and future facility needs analysis.   

IMPLEMENTATION:

Victor Lopez, Vanir Construction Management, Inc. will provide an update and projected timelines for Measure I and Measure L bond projects.

David Kaitz, Davis Demographics & Planning, Inc. will provide an updated Demographics Study. 

It is recommended that the Governing Board receive for information the bond update and the updated Demographic Study.

PURPOSE OF PRESENTATION

To present the following Board Bylaws & Policies to the Board of Education:

HISTORY/BACKGROUND

California School Board Association (CSBA) submits recommended updates and revisions to current Board Bylaws and Board Policies to meet state and federal laws and regulations. 

Approve revisions of the Board Policies & Bylaws presented to the Board of Education.

PURPOSE OF PRESENTATION         

Provide an update on HUSD summer academies and programs offered in 2015.

HISTORY/BACKGROUND

Hayward Unified School District’s summer programs and academies provided a variety of learning opportunities for students.  This summer HUSD was able to provide a coordinated, comprehensive, student-focused experience.. 

Summer School Programs Update

In the attached presentation, we provide information on the following:

• High School Credit Recovery

• EL Academy

• K-3 Literacy Academy

• Early Childhood Programs

• HPN Programs

• YEP
  

BACKGROUND

During the 2014-15 the State of California implemented the first California Assessment of Student Progress and Performance (CAASPP).  This is the new assessment based on the Common Core standards.  On September 9, 2015 the CDE released the results of the CAASPP.  These results establish the baseline for student performance in meeting Common Core standards.

PRESENTATION

The purpose of this presentation is to discuss the following …

• Provide an overview of the CAASPP assessment and how it works

• Explain the new reporting system

• Share an initial analysis of CAASPP results

As the CAASPP results were just publicly released, a more detailed analysis will follow. 

PURPOSE OF PRESENTATION

The Unaudited Actuals report has been prepared in accordance with Education Code Section 41010 and is being presented for review and acceptance.

HISTORY/BACKGROUND

The District is required to close it books for the fiscal year and submit its financial statements to the Alameda County Office of Education (ACOE) in September.  After review, the ACOE will forward the report to the California Department of Education (CDE). 

The report is prepared using the CDE’s required Standardized Account Code Structure (SACS) financial statement reporting format.   The Unaudited Actuals reports the District’s actual financial activity for the 2014-15 fiscal year, and the District’s beginning fund and cash balances for the 2015-16 year.

IMPLEMENTATION

The Unaudited Actuals Report will be submitted to the ACOE by September 17, 2015 for the required review and submission to the CDE by October 15, 2015. The report will be audited by the District’s independent auditor in September 2015, and the final Audited Financial Report will be presented to the Governing Board in January 2016.

It is recommended that the Governing Board review and accept the 2014-15 Unaudited Actuals financial report as presented.

PURPOSE OF PRESENTATION     

The Board of Education appreciates, and would like to acknowledge, the generosity of parents and the community.

HISTORY/BACKGROUND

Many parents and community members donate items to benefit the students of Hayward Unified School District. Individual schools will forward the donation information to the Board of Education so that a formal acknowledgement may be made at the meetings and a letter of appreciation can be composed.

IMPLEMENTATION

Accept donations as follows:

Accept this generous donation. A letter of thanks will be sent to the donor by members of the Board of Education.

Regular Meetings are held at Hayward City Hall, 2nd Floor Council Chambers
777 B Street, Hayward, CA 
5:00 p.m. (CLOSED SESSION) 
6:30 p.m. (OPEN SESSION) 

Upcoming Meetings: 
Wednesday, September 30, 2015 
Wednesday, October 14, 2015