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REGULAR MEETING OF THE GOVERNING BOARD
La Cañada USD
November 17, 2020 7:00PM
Governing Board members and Cabinet will be attending the meeting via Zoom. The Board Meeting will be livestreamed via Youtube here: https://www.youtube.com/lcusdmedia

1. CALL TO ORDER at 5:00 p.m.
2. OPPORTUNITY FOR PUBLIC TO ADDRESS THE BOARD ON CLOSED SESSION AGENDA
Quick Summary / Abstract:

Due to the current COVID-19 crisis, changes have been made to the Brown Act by the Governor (Governor’s Executive Orders N-25-20 and N-2 9-20 – Brown Act Requirements)

Public comments on non-agendized and agendized items can be submitted on Tuesday beginning at 4:30 pm via the following link:

https://forms.gle/wh9xgBqQbX8y75Dj7

Please note, the public comment link is not live until Tuesday at 4:30pm.  All comments will be read by a moderator during the meeting.
3. CLOSED SESSION at 5:00 p.m.
4. REPORT OUT OF CLOSED SESSION
5. PLEDGE OF ALLEGIANCE
6. REPORTS
6.a. Superintendent's Report
6.b. President's Report
6.c. Associate Superintendent of Business & Administrative Services' Report
6.d. Student Representative's Report
6.e. Chief Technology Officer's Report
7. REVIEW OF AGENDA
8. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD ON NON-AGENDIZED ITEMS
Quick Summary / Abstract:

Due to the current COVID-19 crisis, changes have been made to the Brown Act by the Governor (Governor’s Executive Orders N-25-20 and N-2 9-20 – Brown Act Requirements)

Public comments on non-agendized and agendized items can be submitted on Tuesday beginning at 4:30 pm via the following link:

https://forms.gle/wh9xgBqQbX8y75Dj7

Please note, the public comment link is not live until Tuesday at 4:30pm.  All comments will be read by a moderator during the meeting.
9. PROPOSED ACTION AND DISCUSSION ITEMS
10. SECOND READING ITEMS
10.a. Resolution No. 7-20-21 Adopting Prequalification Process for Contractors Pursuant to Public Contract Code Section 20111.6
Speaker:
Evans
Rationale:

Background

 

The District desires to prequalify potential contractors for Measure LCF projects with a construction estimated value exceeding $1,000,000.  Pursuant to Public Contract Code 20111.6 school districts are required to prequalify prime contractors, and mechanical, electrical or plumbing subcontractors (MEP Subcontractors) for projects that are funded with State School Facility Program funds.  Under Public Contract Code 20111.5 the District is authorized to adopt a pre-qualification system.  Public Contract Code sections 20111.5 and 20111.6 describe certain requirements that must be met, if the District chooses to adopt such a prequalification system.

 

Staff has determined that some of the projects to be completed as part of the Measure LCF Bond Program would either be subject to prequalification requirement under PCC 20111.6 or at the discretion of the District under PCC 20111.5.

 

Staff has developed a process and procedure to prequalify contractors.  The rating system is developed based on the Department of Industrial Relations model for prequalifying contractors.

 

The attached Resolution No. 7-20-21 is a request to adopt the rating procedures to evaluate potential prime contractors and MEP subcontractors and to establish a pool of prequalified contractors to deliver and construct future projects that exceed $1,000,000 when prequalification is required per PCC 20111.6 or prequalification is implemented at the discretion of the District per PCC 20111.5.  The Resolution sets forth the Prequalification Questionnaire, and the scoring criteria to be utilized by the District.  The process of prequalification will assist the District in identifying qualified contractors for the construction of future projects for Measure LCF Bond Program.

 

Current Considerations

 

Resolution No. 7-20-21, was presented to the Board at its meeting on October 27, 2020. Staff made minor corrections to Exhibit A of the Resolution.

 

Financial Implications

 

None.

 
Recommended Motion:

The Governing Board is requested to adopt Resolution No. 7-20-21, Adopting Prequalification Process for Contractors Pursuant to Public Contract Code Section 20111.6. 


Quick Summary / Abstract:
The Governing Board is requested to adopt Resolution No. 7-20-21, Adopting Prequalification Process for Contractors Pursuant to Public Contract Code Section 20111.6.
Attachments:
Resolution 7-20-21
11. FIRST READING ITEMS [Asterisk (*) denotes action may be taken on the first reading.]
11.a. Superintendent Update on LCUSD’s Reopening Progress for the 2020-2021 School Year, R63-20-21
Speaker:
Sinnette
Rationale:

Background

 

At an emergency meeting of the LCUSD Governing Board on Thursday, March 12, 2020, the Board voted to enact district-wide school facility closures effective on Friday, March 13, 2020 in response to the COVID-19 pandemic and to exercise its Local Educational Agency responsibilities to ensure the health and safety of its students, staff, and families.  Subsequently, at meetings of the LCUSD Governing Board, staff has prepared presentations to update the LCUSD Community regarding its actions and services in response to the COVID-19 pandemic related school facility closures and distance learning throughout the district.

 

Current Considerations

 

Since the beginning of the school year, LCUSD school facilities have reopened as workplaces, we have reopened for 9-12 Athletic Training and Conditioning, for SDC students districtwide, and for RSP students K-3 (with progress being made for other RSP students).  Beginning the week of 11/16/2020, we will reopen for High-Need/High-Risk student pods at LCHS 7-12 and for TK-2 Students in the Hybrid Model.  Updates on all of these phases of reopening as well as the next steps for consideration will be reviewed and discussed in this agenda item.

 

Financial Implications

 

There are no financial implications directly associated with this presentation and discussion item.  However, expenditures for reopening, specifically those associated with staffing, facilities’ preparations, and the purchase of personal protective equipment have been incurred since March 2020.
 
Recommended Motion:

It is recommended that the Governing Board review the updated presentation by the Superintendent and engage in discussion of this topic, providing on-going direction to staff related to this agenda item.

 

Quick Summary / Abstract:
It is recommended that the Governing Board review the updated presentation by the Superintendent and engage in discussion of this topic, providing on-going direction to staff related to this agenda item.
Attachments:
R63-20-21
11.b. First Read: Revision to Board Policy 6159 – Individualized Education Program, R47-20-21
Speaker:
Wenn/Ihori
Rationale:

Background

The California School Boards Association (CSBA) provides updates and recommendations to participating school districts regarding board policy, administrative regulations, and board bylaws.  CSBA provides these to keep board policies, administrative regulations, and board bylaws current with changes and interpretations in the laws, specifically as they relate to education and government codes.  The proposed update to Board Policy 6159 reflects recent changes based on the passage of Senate Bill (SB) 98 as well as Assembly Bills (AB) 947 and 605.

 

Current Considerations

Senate Bill 98 includes updates to existing law related to Individualized Education Programs (IEPs).  SB 98 requires the IEP to describe the means by which the IEP will be provided under emergency conditions in which instruction and/or services cannot be provided to the student at school or in person for more than 10 school days.  In addition, AB 947 which (1) authorizes districts to consider elements of the "expanded core curriculum," as defined, when developing an IEP for a student who is blind, has low vision, or is visually impaired, and (2) establishes requirements for orientation and mobility evaluations conducted for such students.  Finally, AB 605 requires districts to provide assistive technology devices for use in a student's home or other setting when required by the student's IEP, and requires that such students be given continued access to assistive technology devices for up to two months after transferring out of the district.  In addition, the section of this BP on "Parent/Guardian Consent for Provision of Special Education and Services" has been revised to more directly reflect law.

 

Financial Implications

None

 
Recommended Motion:
The Governing Board is requested to review and discuss the revisions to BP 6159 – Individualized Education Program.
Quick Summary / Abstract:
This is a First Read item.  The Governing Board is requested to review and discuss the revisions to BP 6159 – Individualized Education Program prior to adoption at the next Governing Board meeting.
Attachments:
LCUSD BP 6159
11.c. First Read: Revision to Board Policy 6159.1 – Procedural Safeguards and Complaints for Special Education, R48-20-21
Speaker:
Wenn/Ihori
Rationale:

Background

The California School Boards Association (CSBA) provides updates and recommendations to participating school districts regarding board policy, administrative regulations, and board bylaws.  CSBA provides these to keep board policies, administrative regulations, and board bylaws current with changes and interpretations in the laws, specifically as they relate to education and government codes.  The proposed revisions to Board Policy 6159.1 reflect updates to new state regulations (Register 2020, No. 21).

 

Current Considerations

The proposed revisions to BP 6159.1 encourage early, informal resolution of any dispute regarding special education services. The revisions also reflect new state regulations which establish a complaint process, separate from UCP, for complaints alleging noncompliance with federal or state laws related to the provision of FAPE to students with disabilities, such as the district's violation of the federal Individuals with Disabilities in Education Act or state law on special education, violation of a settlement agreement, failure to implement a due process hearing order, or physical safety concerns that interfere with the provision of FAPE.

 

Financial Implications

None


 
Recommended Motion:
This is a First Read item.  The Governing Board is request to review and discuss the revisions to BP 6159.1 - Procedural Safeguards and Complaint for Special Education.  This item will come back at the next Governing Board meeting for adoption.
Quick Summary / Abstract:
This is a First Read item.  The Governing Board is request to review and discuss the revisions to BP 6159.1 - Procedural Safeguards and Complaint for Special Education. 
Attachments:
BP 6159.1
11.d. First Read: Revision to Board Policy 6159.2 – Nonpublic, Nonsectarian School and Agency Services for Special Education, R49-20-21
Speaker:
Wenn/Ihori
Rationale:

Background

The California School Boards Association (CSBA) provides updates and recommendations to participating school districts regarding board policy, administrative regulations, and board bylaws.  CSBA provides these to keep board policies, administrative regulations, and board bylaws current with changes and interpretations in the laws, specifically as they relate to education and government codes.  The proposed revisions to Board Policy 6159.2 reflect new law based on Assembly Bill (AB) 1172.

 

Current Considerations

The proposed revisions to BP 6159.2 include updates regarding the provision of nonpublic, nonsectarian school and agency (NPS/A) services in the comprehensive local plan of the Special Education Local Plan Area.  The policy reflects new law which requires districts to verify that the NPS/A provides staff training in the use of practices and interventions specific to the unique behavioral needs of the student population at the NPS/A.  The policy also reflects the requirement for the district to pay the full amount of the school's tuition or, as amended by AB 1172, the fees for the agency.  Finally, the legal citation for Education Code 56366.3 has been deleted as it has been repealed.

 

 

Financial Implications

None


 
Recommended Motion:
This is a First Read item.  The Governing Board is requested to review and discuss the recommended revisions to BP 6159.2 - Nonpublic, Nonsectarian School and Agency Services for Special Education. This item will come back at the next Governing Board meeting for adoption.
Quick Summary / Abstract:
This is a First Read item.  The Governing Board is requested to review and discuss the recommended revisions to BP 6159.2 - Nonpublic, Nonsectarian School and Agency Services for Special Education. This item will come back at the next Governing Board meeting for adoption.
Attachments:
BP 6159.2
11.e. First Read: Revision to Board Policy 6159.5 - Residential Travel Policy For Parents With Students in Residential Placement, R59-20-21
Speaker:
Wenn/Ihori
Rationale:

Background

School districts are generally required to provide reasonable transportation expenses associated with the student’s travel between these residential facilities and home. 

 

Current Considerations

The District does not have existing Board Policy providing guidelines for travel expenses related to residential placements.  Therefore, the proposed Board Policy 6159.5 provides procedures and guidelines for reasonable expenses.

 

Financial Implications

Dependent upon individual student needs.
 
Recommended Motion:
This is a First Read item.  The Governing Board is requested to review and discuss the recommended revisions to BP 6159.5 Residential Travel Policy for Parents With Students in Residential Placement. This item will come back at the next Governing Board meeting for adoption.
Quick Summary / Abstract:
This is a First Read item.  The Governing Board is requested to review and discuss the recommended revisions to BP 6159.5 Residential Travel Policy for Parents With Students in Residential Placement. This item will come back at the next Governing Board meeting for adoption.
Attachments:
R59-20-21
11.f. First Read: First Interim Financial Report, R62-20-21
Speaker:
Evans
Recommended Motion:
It is recommended that the Governing Board review and discuss the First Interim Financial Report 2020-21- First Reading and give any direction toward final read.
Quick Summary / Abstract:
This is a First Read item.  This item will come back to the Governing Board for approval at the next regularly scheduled meeting.
Attachments:
R62-20-21
R62-20-21 Presentation
11.g. Presentation on Cash Flow Management, R60-20-21
Speaker:
Evans
Rationale:

Background

Part of the 2020-21 approved State Budget included $1.1 billion in cash deferrals.  A cash deferral is a delay in apportionments allowing the state to retain cash for a period of time.  The burden of borrowing cash lies with the District to ensure adequate cash for operations.  Local Education Agencies will only receive about 68% of the state aid apportionment during the year.  These deferrals begin in February and last through June of 2021.  For La Canada Unified School District, this equates to approximately $4.6 million.

Current Considerations

This presentation is intended to provide information on the impact of the cash deferrals on the District's cash flow for the 2020-21 fiscal year.

Financial Implications

There is no financial impact.

 

 
Recommended Motion:
This is an information item.
Quick Summary / Abstract:
This is an information item.
Attachments:
R60-20-21
12. CONSENT AGENDA
12.a. Personnel Report, P7-20-21
Speaker:
Evans
Recommended Motion:

It is recommended that the Governing Board approve the Personnel Report as presented.

Quick Summary / Abstract:
The Governing Board is requested to approve the Personnel Report as presented.
Attachments:
Personnel Report 11-17-20 revised
12.b. Agreement with Icon Corporation for Prequalification Online System, R64-20-21
Speaker:
Evans
Rationale:

Background

The District has adopted a prequalification rating system.  In order to implement the system efficiently the staff has been working with a software developer to provide an on-line tool for contractors to submit the information required to evaluate contractors and subcontractors and determine if contractors are qualified to bid on the projects that require prequalification. 

Current Considerations

This agreement is for the use of the online database to allow for a paperless system for collecting and rating the information needed to prequalify contractors for designated Measure LCF projects.  The term of the agreement is renewable annually for up to five years.  The cost of the system is $5,000 per year plus an initial one-time development and setup cost of $10,000.  The cost of this agreement will be funded with Measure LCF funds.

Financial Implications

The contract annual cost is $5,000. Funds will come from Measure LCF.
 
Recommended Motion:

It is recommended that the Governing Board approve the agreement with Icon Corporation for Prequalification Online System.


Quick Summary / Abstract:
The Governing Board is requested to approve the agreement with Icon Corporation for Prequalification Online System.
Attachments:
R64-20-21
12.c. Action on Final Settlement Agreement (Special Education), R58-20-21
Speaker:
Ihori
Rationale:

Background

A settlement agreement was reached regarding Student #20201029.

 

Current Considerations

The facts and circumstances, and a copy of the settlement agreement, are being withheld due to student privacy rights under 20 U.S.C. § 1232g and Education Code § 49060, et seq. To avoid additional time and expense concerning this matter, the District settled the dispute without admitting any liability.

 

Financial Implications

The total amount, not to exceed approximately $9,390 will be paid from the General Fund.
 
Recommended Motion:
The Governing Board is requested to approve the settlement agreement with Student #20201029.
Quick Summary / Abstract:
The Governing Board is requested to approve the settlement agreement with Student #20201029.
12.d. Gifts to District, R61-20-21
Speaker:
Evans
Quick Summary / Abstract:
The Governing Board is requested to accept the Gifts to District as presented.
Attachments:
R61-20-21
12.e. Purchase Order List 6-20-21
Speaker:
Evans
Recommended Motion:
It is recommended that the Governing Board approve Purchase Order List 6-20-21 as presented.
Quick Summary / Abstract:
The Governing Board is requested to approve Purchase Order list 6-20-21.
Attachments:
REVISED Purchase Order List 6-20-21
13. COMMUNICATIONS
14. RECONVENE CLOSED SESSION (if needed)
15. ADJOURNMENT

Published: November 13, 2020, 1:46 PM

The resubmit was successful.