The Advisory Redistricting Commission (ARC) for North Monterey County Unified School District met on October 22 and 29, 2021 to review data, maps and related adjustments to the existing trustee areas to develop a recommended plan, referred to as Plan 1.  The ARC representative, along with the demographers, will present the Plan 1 and explain the process and recommendation from the Commission.  Information about the ARC and related presentations, maps and other supporting information can be found on the district website www.nmcusd.org.   The Board of Trustees will consider the adopting the recommended Plan 1 to redistrict trustee areas within North Monterey County Unified at the December 16, 2021 board meeting.

Background Information: 

Every 10 years, a new U.S. Census is conducted, and the population counts are then used for redistricting. Trustee areas must be relatively equal in total population using the new Census counts. After new Census data are released, all jurisdictions must evaluate whether their current trustee areas (boundaries based on the last Census) have equal populations using the new counts. If not, trustee area boundaries need to be adjusted to re-balance trustee area populations. The redistricting process is governed by the U.S. Constitution, federal law, and California law.

By law, election district boundaries must be evaluated after each decennial census. The 2020 U.S. Census redistricting population counts will be released in 2021. If the trustee areas adopted in 2022 still have equal total population counts, the boundaries will not need to be adjusted. If the total populations are not equally distributed, the trustee area boundaries will need to be adjusted so that the 2020 population is distributed evenly in the three, five, or seven trustee areas.

Federal and state laws require that the trustee areas be nearly equal in population using the most recent Census counts. Some deviation is permitted, but the rule of thumb is that the difference between the most- and least-populous election districts should not exceed ten percent of the "ideal" district's population, which is one third, one fifth, or one seventh of the jurisdiction's total population (depending on the number of trustee areas). We understand that courts have generally accepted this standard for population equality (in school districts). Federal law also requires that election districts be drawn to respect protected race/ethnic groups so that their communities are neither divided nor overly concentrated in individual districts. Protected groups are race/ethnic/language groups, including Hispanics, African Americans, Asian Americans, and Native Americans (as well as some others).

In addition, the California Elections Code (Section 22000) lists criteria that may be considered during the redistricting (and initial districting process):  In adjusting the boundaries of the divisions, the board may consider the following factors: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and compactness of territory, and (4) community of interests of the division.

The new trustee areas will be in effect for November 2022 elections. The deadline for adoption of revised districting plans (February 28, 2022) allows time for county Registrars of Voters to adjust precinct boundaries before the filing deadline for the November election.

Current Board Members will continue in office until the expiration of their terms and their successors are elected. The first elections using the new boundaries will be in November 2022. Because Board elections are staggered (some trustees elected in 2022 and the rest elected in November 2024), the new plan will be completely implemented in 2024. If current Trustees' terms end in 2024, they will continue to sit on the Board until the 2024 election, even if they live in the same election district as a Board member elected in 2022.

 Approve the Memorandum of Understanding Between Monterey County Office of Education and North Monterey County Unified School District for 2021 to 2023 for the Tri-County Teacher Residency Program (TCTRP)

Memorandum of Understanding and Agreement represents the agreed-upon services that will be offered by North Monterey County Unified School District and the Monterey County Office of Education, in participation of the Tri-County Teacher Residency Program (TCTRP).

North Monterey County Unified School District issues the direct payment of the $2000 Cooperating Teacher Stipend to the teachers.  North Monterey County Unified School District will invoice MCOE for each Cooperating Teacher Stipend and any other grant funds (as stipulated by the grant), to North Monterey County Unified School District. 

Approve Independent Consulting Agreement with Adriana San Millan for an Independent Educational Evaluation (IEE) for Special Services.

The Consultant will provide consulting services to the District in the following areas: Autism Eligibility and Occupational Therapy Independent Educational Evaluation.

*Please refer to the attached agreement for more information.

 Resume and Rate sheet are also included

Effective:  December 2, 2021 – June 04, 2022

Approve Alioto Construction Inspections to perform Inspector of Record Services on the Antenna Tower Improvement Project at North Monterey County High School.

The existing antenna tower located at the North Monterey County High School campus operated by T-Mobile under a lease agreement with North Monterey County Unified School District is undergoing an improvement project. Work of this type requires approval from the Division of the State Architect (DSA). During the course of construction, the Division of the State Architect (DSA) requires inspection services by a licensed DSA Approved Qualified Inspector. Ross Alioto of Alioto Construction Inspections has successfully performed on previous projects for the district and is being recommended to perform these services for this project. All costs for these services are being reimbursed by the Lessee so there will be no fiscal impact to the district. 

Approve BSK Associates to perform Testing Lab Services on the Antenna Tower Improvement Project at North Monterey County High School.

The existing antenna tower located at the North Monterey County High School campus operated by T-Mobile under a previous lease agreement with North Monterey County Unified School District is undergoing an improvement project. Work of this type requires approval from the Division of the State Architect (DSA). During the course of construction, the Division of the State Architect (DSA) requires special inspections of materials and processes to ensure the structural safety of the construction project.  DSA requires these tests to be performed by State licensed laboratories and engineers.  The firm of BSK Associates has successfully performed on previous projects for the district and is being recommended to perform these services for this project. All costs for these services are being reimbursed by the Lessee so there will be no fiscal impact to the district.

Per staff recommendation on January 10, 2019, North Monterey County Unified School District Board of Education took action to appoint Kari Yeater, Superintendent and the Associate Superintendent of Business Services as designees per AB720 to Public Contract Code Section 22034(e), to award informal contracts. Board ratification is required for all contracts awarded under this procedure. A copy of each contract, along with a summary list of contracts is being presented for ratification. 

Projects to be funded as per attached summary list 

Approve agreement with Inland Mechanical Services to Perform District Wide HVAC Assessment for Indoor Air Quality

The School Reopening Ventilation and Energy Efficiency Verification and Repair (SRVEVR) Program is one of the two grant programs under the School Energy Efficiency Stimulus Program, established by Assembly Bill 841 (Ting, Chapter 372, Statutes of 2020). The SRVEVR Program authorizes funding to local education agencies for assessing, maintaining, and repairing or upgrading school ventilation systems to ensure that systems meet current classroom ventilation requirements. The California Energy Commission is rolling out the SRVEVR Program in phases, the initial phase of program awards are limited to projects for schools in an underserved communities. The first step in this process is to assess all Heating, Ventilation and air Conditioning (HVAC) units district wide. Inland Mechanical Services Inc. is a qualified HVAC contractor and the attached proposal and agreement is to perform the district wide assessment services. 

Cost of $59, 800 to be reimbursed to the district by the California Energy Commission through the SRVEVR Program. 

According to Education Code 42130 and 42131, local education agencies are required to submit two interim reports to the governing board of the District during each fiscal year covering the financial and budgetary status of the District.  The first interim report covers the financial and budgetary status of the District for the period ending October 31.    

Within 45 days after the close of the period being reported, the board must certify whether or not the District is able to meet its financial obligations for the remainder of the fiscal year, and based on forecasts, for the subsequent fiscal year.  These certifications are assigned as positive, qualified, or negative.  A positive certification means the District can meet its financial obligations for the current and two subsequent fiscal years.  A qualified certification means a District may not meet its financial obligations for the current or two subsequent fiscal years; whereas a negative certification means the District will not meet its financial obligations for the remainder of the current year and subsequent fiscal year.    

Included in the first interim report is the multi-year projection and assumptions used for these projections. The District will be able to meet its financial obligations for the current and two subsequent fiscal years and will be assigned a positive certification.  The President of the Governing Board and the Superintendent are required to attest to the financial condition of the District by signing the District Certification Page of the interim report. 

The first interim report and related documents are available for public review at the District Office. The first interim report reflects year-to-date actual activity from July 1 through October 31, 2020 and year end projected fiscal data for all funds of the District. This report is a snapshot in time of where the District's budget is.

A copy of the 1st Interim Budget Report can be requested by contacting the Business Services at the District Office.

Government Code Section 66006(b) states that for each separate account established for statutory and alternative school facilities fees (“Reportable Fees”) received for additional school facilities (“School Facilities”) for students from new development, the North Monterey County Unified School District (“District”) shall, within one hundred eighty (180) days after the last day of the fiscal year, make available to the public the following information for fiscal year 2020-21.

(A)       A brief description of the type of Reportable Fees in the account.

(B)       The amount of the Reportable Fees.

(C)       The beginning and ending balance of the account.

(D)       The amount of the Reportable Fees collected and the interest earned.

(E)       An identification of each project (“Project”) of the District on which Reportable Fees were expended and the amount of the expenditure on each Project, including the total percentage of the cost of the Project that was funded with Reportable Fees.

(F)       An identification of an approximate date by which the construction of a Project will commence if the District determines that sufficient funds have been collected to complete financing on an incomplete Project, as identified in Section 66001 (a)(2), and the Project remains incomplete.

(G)       A description of each inter-fund transfer or loan made from the account, including the Project on which the transferred or loaned Reportable Fees will be expended, and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account will receive on the loan.

(H)       The amount of refunds made pursuant to Section 66001(e) and any allocations pursuant to Section 66001 (f): and Government Code Section 66001(d) also requires that the District make the following findings with respect to that portion of the account remaining unexpended, whether committed or uncommitted, at the time it makes the foregoing information available to the public:

(1)       Identification of the purpose to which the Reportable Fees are to be used.

(2)       Demonstration of a reasonable relationship between the Reportable Fees and the purpose for which they are charged.

(3)       Identification of all sources and amounts of funding anticipated to complete financing of the Projects of the District.

(4)       Designation of the approximate dates on which the funding referred to in paragraph (3) is expected to be deposited into the appropriate account.

The beginning balance in the Capital Facilities Fund 25 was $470,631.98 and the ending balance was $617,195.38.

The educator Effectiveness Fund 2021 Block Grant Program was established by Assembly Bill 130, Chapter 44, Section 22, Statutes of 2021.  The specified that Educator Effectiveness Block Grant funds may be used to support professional learning for teachers, administrators, classified staff, and paraprofessionals who work with pupils.

As a condition of receiving funds for Educator Effectiveness, NMCUSD shall develop and adopt plan for expenditure of funds, which requires the plan to be explained in a public meeting of the governing board of the school district, allowing for public comment, before its adoption in a subsequent meeting. 

District needs have been reviewed and a 3.0 FTE Paraprofessional(s) is required to support the Preschool Inclusion Program. There are 25 preschool age students currently being assessed, that will require enrollment in District Special Education Preschool Programs.  This matriculation of students will require new Preschool Inclusion settings beginning in January 2022.  Students will be taught in an inclusive program designed to meet the requirements of Least Restrictive Environment (LRE).  Further, the 3.0FTE reflects a need to provide ongoing intervention and progress monitoring for the District’s growing preschool population.  

Policy updated to add new note to reflect that districts are obligated to comply with COVID-19 mitigation requirements from multiple jurisdictional authorities including the California Department of Public Health (CDPH), the California Division of Occupational Safety and Health (Cal/OSHA), and local health authorities, to reflect guidance from CDPH and Cal/OSHA's COVID-19 prevention program, and reflect requirements for districts to create and post COVID-19 safety plans.  Policy updated to direct the Superintendent and/or designee to establish and maintain a COVID-19 safety plan that complies with public health guidance of CDPH, the requirements of Cal/OSHA, any orders of state or local health authorities, and any other applicable law and/or health order(s) and to omit specific details regarding COVID-19 mitigation practices due to the evolving nature of public health guidance.  Policy updated to reflect NEW LAW (AB 86, 2021) and NEW LAW (AB 130, 2021) requiring the reporting of specified COVID-19 cases to CDPH and requiring the reporting of other information to the California Collaborative for Educational Excellence (CCEE).  Policy updated to reflect NEW LAW (AB 86, 2021) and NEW LAW (AB 130, 2021) requiring districts that receive Extended Learning Opportunities (ELO) grant funding to implement a learning recovery program that provides supplemental instruction, support for social-emotional well-being, and to the maximum extent permissible as specified in U.S. Department of Agriculture guidelines, meals and snacks, to eligible students.  Policy also updated to include promising practices for reengaging chronically absent students and to direct the Superintendent or designee to ensure the continuity of instruction for students who may be under a quarantine order to stay home by offering such students independent study or other instructional delivery channels that allows the student to continue to participate in the instructional program to the greatest extent possible.

Policy updated to incorporate concepts of student well-being and social-emotional development and learning as it relates to professional development, to clarify that the development of the staff development program includes creating, reviewing and amending the program, to reflect the State Board of Education's California Digital Learning Integration and Standards Guidance regarding staff development in the use of technologies, to reference NEW LAW (AB 130, 2021) regarding requirements for districts offering technology-based instruction pursuant to an independent study program, and to expand the list of characteristics that are included in diverse student populations as related to staff development in meeting the needs of such students. Policy also updated to enhance staff development regarding school climate to include acceptance, civility, and positive behavioral interventions and supports, and staff development regarding student's mental and physical health to include social-emotional learning and trauma-informed practices.

Policy updated to emphasize the importance of learning and behavioral outcomes and progress monitoring as it relates to response to instruction and intervention, referenced as Multi-tiered System of Supports (MTSS) and the integration of response to instruction and intervention, expand the list of individuals that may be included in designing the district's MTSS system, adds the examination of student social-emotional well-being as one of the bases for design, provides more detail regarding strategies and interventions including ten core components of the Response to Instruction and Intervention (RtI²⁾ model identified by the California Department of Education, of which may be utilized as a component when considering the referral of a student for evaluation for special education or other services.

Board Policy 6146.1 - High School Graduation Requirements

Policy updated to clarify requirements for mathematics coursework, reflect NEW LAW (AB 104, 2021) which requires districts to exempt a student from district graduation requirements if the student was in the third or fourth year of high school during the 2020–21 school year and is not on track to graduate in four years, and to provide a student who was enrolled in the third or fourth year of high school during the 2020-21 school year and is not on track to graduate in the 2020-21 or 2021–22 school years the opportunity to complete the statewide coursework required for graduation, which may include, but is not limited to, completion of the coursework through a fifth year of instruction, credit recovery, or other opportunity to complete the required coursework. 

Administrative Regulation 6146.1 - High School Graduation Requirements

Regulation updated to include material regarding the provision of information about graduation requirements and credit recovery opportunities to students, parents/guardians, and the public, and to reflect requirements regarding the provision of notice to eligible students about the availability of exemptions from local graduation requirements when applicable.

Board Policy 6164.4 - Identification and Evaluation of Individuals for Special Education

Policy updated to reference the U.S. Department of Education's (USDOE) Return to School Roadmap: Child Find Under Part B of the Individuals with Disabilities Education Act which reaffirms the obligation to fully implement the Individuals with Disabilities Education Act (IDEA) during the COVID-19 pandemic, including the requirement to meet child find obligations, and encourages districts to reexamine the efficacy of existing child find practices in light of the educational disruptions caused by the COVID-19 pandemic. 

Administrative Regulation 6164.4 - Identification and Evaluation of Individuals for Special Education

Regulation updated to reference USDOE's Return to School Roadmap: Child Find Under Part B of the Individuals with Disabilities Education Act which recommends that districts undertake new child find activities in light of the educational disruptions caused by the COVID-19 pandemic and emphasizes that students who are experiencing long-term COVID effects be referred for special education evaluation if their symptoms are adversely impacting their ability to participate and learn in the general curriculum. Regulation also updated to provide that the child find process includes the collection and screening of data to determine if students are making adequate progress, to include the district's obligation to ensure that evaluations of children suspected of having a disability are not delayed or denied because of the implementation of response to intervention strategies, clarify material regarding referrals for initial evaluations, evaluation plans and informed parent/guardian consent, reflect the timeline for the determination of whether the student is eligible for special education and the educational needs of the student and when an Individualized Education Program (IEP) meeting and the development of an IEP occurs, clarify the qualifications of personnel who administer evaluations and reevaluations, add that the normal process of second-language acquisition as well as manifestations of dialect and social linguistic variance not be diagnosed as a disabling condition, and clarify material regarding Independent Educational Evaluations. Regulation also updated to reference M.M. v. Lafayette School District, a Ninth Circuit Court of Appeals decision which held that the district violated IDEA when it failed to provide parents with their child's response to instruction (RTI) data when seeking informed consent for an initial evaluation. 

Board Policy 6164.41 - Children with Disabilities Enrolled by their Parents in Private School

Policy updated to reorganize and clarify material.

Administrative Regulation 6164.41 - Children with Disabilities Enrolled by their Parents in Private School

Board Policy 6164.5 - Student Success Teams

Policy updated to reference that the student success team (SST) process is not required by law and that the policy reflects best practices, clarify those who are encouraged to collaborate in SSTs, include social and emotional difficulties when evaluating the strengths and needs of students and establishing interventions, emphasize the importance of each student maximizing their potential, specify who may refer students to SSTs, add types of materials appropriate for collection, analysis and review by the SST, provide for the development of a plan to support the student and adjustments to such plan, reflect that the SST process shall not delay or deny a referral for evaluation for eligibility for special education, reference MTSS and the integration of SSTs with such supports, and add staff development which may be provided to strengthen the effectiveness of SSTs.

Administrative Regulation 6164.5 - Student Success Teams

Regulation updated to reference that the SST process is not required by law and that the regulation reflects best practices, emphasize the importance of school counselors in the SST membership, provide that the makeup of each individual SST is at the district's discretion, reference the ability of districts to appoint a districtwide or schoolwide SST coordinator, identify teachers specifically as school staff with whom consultation may occur, add types of materials appropriate for collection to inform SST members, and add the development of a plan, and adjustments to the plan and related interventions, as one of the SST responsibilities.

The Fair Political Practices Commission, 2 CCR 18730, provides that incorporation by reference of the terms of that regulation, along with an agency-specific appendix designating positions and disclosure categories shall constitute the adoption and amendment of a conflict of interest code in conformance with Government Code 87300 and 87306

The District has recently reviewed its positions, and the duties of each position, and has determined that change to the current conflict of interest code are necessary. 

On Wednesday, Nov. 24, 2021 Updated Guidance: revised guidance on extracurricular activities in schools.

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/K-12-Guidance-2021-22-School-Year.aspx

16. School-Based Extracurricular Activities: The requirements and recommendations in this guidance apply to all extracurricular activities that are operated or supervised by schools, and all activities that occur on a school site, whether or not they occur during school hours, including, but not limited to, sports, band, chorus, and clubs.

Activities may be performed outdoors without masks.  Indoor mask use remains a critical layer in protecting against COVID-19 infection and transmission, including during sports, music, and related activities.  Accordingly:

• Masks are required indoors at all times for teachers, referees, officials, coaches, and other support staff.
• Masks are required indoors for all spectators and observers. 
• Masks are required indoors at all times when participants are not actively practicing, conditioning, competing, or performing.  Masks are also required indoors while on the sidelines, in team meetings, and within locker rooms and weight rooms. 
• When actively practicing, conditioning, or competing in indoor sports, masks are required by participants even during heavy exertion, as practicable.  If masks are not worn due to heavy exertion, it is strongly recommended that individuals undergo screening testing at least once weekly.  An FDA-approved antigen test, PCR test, or pooled PCR test is acceptable for evaluation of an individual's COVID-19 status.
• Individuals using instruments indoors that cannot be played with a mask (e.g., wind instruments) may perform if bell coverings are used when playing wind instruments AND a minimum of 3 feet of physical distancing is maintained between participants.  Modified masking may be considered in addition to, but not in place of, bell covers.  If bell covers are not used, it is strongly recommended that individuals undergo screening testing at least once weekly.  An FDA-approved antigen test, PCR test, or pooled PCR test is acceptable for evaluation of an individual's COVID-19 status.