Regular - Part 1 Meeting
Thursday, January 16, 2020
Meeting Resources
[3] Elisa Martinez: Ms. Aquino, roll call, please.
[6] SPEAKER_25: Thank you. President Martinez. Here. Vice President Gutierrez. Here. Member John. Here. Member Nguyen.
[14] Maria Huffer: Here.
[14] SPEAKER_25: Member Rodriguez.
[17] Elisa Martinez: Thank you. Before we go ahead and ask for a motion and a second for the approval of the agenda, does anybody have any modifications they'd like to make?
[31] SPEAKER_09: President Martinez. that we have not yet had the opportunity to have a study session. I know that has been a board request and to really look at the whole picture of the funds and
[64] Elisa Martinez: Can I get a motion and a second to approve the agenda with the pulling of item 10.1?
[72] Bowen Zhang: I move to approve the agenda.
[76] Leonor Rebosura: I'll second it. I had a question.
[80] Ray Rodriguez: How does that work with the timeline as far as what the high school, you know, their wish list over there?
[90] Marie dela Cruz: So the plan was to start the project as soon as possible with completion in August. So if we push it back a month, it shouldn't impact that schedule.
[101] Ray Rodriguez: OK. Thank you. Thank you.
[106] Elisa Martinez: OK. Thank you. So the motion by member Zhang and second by member Gutierrez. Can I go ahead and vote, please? Oh, I'm sorry. There we go. Okay. Thank you. And is it displaying there? It did close on display. Let's try it again. Okay. Please vote. Okay. Can we vote by hand? Five ayes. Thank you.
[161] SPEAKER_25: Okay.
[169] Elisa Martinez: Thank you. So moving on to public comment on closed session items, we have Ms. Rachel Bloom.
[186] Rachel Bloom: Hello, everyone. My name is Rachel Bloom. I'm the current science resource teacher at Graham and Schilling. I've served the district for nine years. And in the past, I've been at the SRT at Graham and Kennedy, Graham and BGP, Graham and Music, and Graham and Lincoln. I'm here to talk about the closed session item 3.2, conference with labor negotiator employee organizations. Specifically, I want to encourage the board to direct the district negotiations team and the business office officials to find a way to increase teacher pay. So as you know, the dual language immersion program will be starting at Schilling next year. And you may know that teaching a bilingual class requires a B-Clad credential. And right now, a few teachers at Schilling, I think they might have been earmarked and are working on getting their B-Clad. But the question is, what will happen next year and the year after that as the program expands to second grade, third, fourth, fifth, and sixth grade. So we'll need a lot of B-Clad credential teachers. So how are we going to attract Spanish-speaking B-Clad teachers to the district when neighboring districts are paying more? Not only that, I would like you to consider teacher retention. After the 2017-2018 school year, approximately 14% of Shillings teachers did not return the next year. After 2018-2019 school year, approximately 33 percent, that's one-third, of Shilling's teachers did not return to Shilling the next year. And now, during the 2019-2020 school year, that's not even over yet, 15 percent of the staff, approximately 15 percent of the staff has already left the site. So teacher retention is a problem in Newark. Now some turnover is expected. People retire, people move away. But we know that NUSD teacher turnover issues run deeper than that. So there's something wrong, but no one's talking about it. Nothing is being done to change the culture of the district and the school sites in such a way that will make people want to stay. So in conclusion, now that we have a special DLI program, it's really important to have competitive salaries. The salaries need to be high in order to attract B-Clad teachers to the program as it grows. and to replace the teachers that leave the site due to high staff turnover. Newark students deserve the best dual language immersion program. In order to do that, we have to offer a competitive salary to recruit the best teachers possible.
[339] Elisa Martinez: Thank you. Thank you so much. So far, that's the only.
1. CALL TO ORDER
1.1 Roll Call
Type Procedural
2. APPROVAL OF AGENDA
2.1 Approval of Agenda
Type Action
Recommended It is recommended that the agenda for this Board of Education meeting be approved.
Action
2.2 Public Comment on Closed Session Item
Type Procedural
Members of the public who seek to address the Board regarding NUSD Closed Session Items on the agenda are asked to complete a "speaker card" (a half sheet form titled, "Request to Address the Board of Education" provided on the table at the entrance to the Boardroom) and submit it to the Executive Assistant beforehand. Each person may speak ONCE on an item, for a maximum of three minutes. Public comments cannot be acted upon by the Board.
2.3 Recess to Closed Session
Type
3. CLOSED SESSION
3.1 Public Employee Discipline/Dismissal/ Release (GC54957)
Type Procedural
Executive Director, Human Resources
3.2 Conference with Labor Negotiator Employee Organizations: NTA & CSEA (GC54957.6)
Type
Agency Negotiator: Jessica Saavedra Executive Director Human Resources. Greg Dannis , Dannis Wolliver, Kelly
Employee Organizations: NTA & CSEA
3.3 Conference with Legal Counsel regarding Existing Litigation (GC 54956.9(d)(1))
Type
Cases:
Bretz vs Newark Unified School District Keenan Claim # 569505
3.4 Conference with Legal Counsel Regarding Anticipated Litigation (GC 54956.9(d)(2))
Type
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: two cases
3.5 Expulsion e1718-11
Type
Purpose:
Background:
3.6 Expulsion e1920-06
Type
Purpose:
Background:
4. RECONVENE TO OPEN SESSION
4.1 Pledge of Allegiance
Type Procedural
5. REPORT OF CLOSED SESSION ACTIONS
5.1 Report of Closed Session Actions
Type Action
5.2 Superintendent Report
Type Information
6. STUDENT REPORT
6.1 Student Report from Newark Junior High School, MacGregor and Newark Memorial High School
Type Information
A. Newark Junior High School
B. MacGregor
C. Newark Memorial High School
7. PUBLIC COMMENT ON NON-AGENDA ITEMS
7.1 Public Comment on Non-Agenda Items
Type Information
Members of the public who seek to address the Board regarding NUSD Non Agenda Items on the agenda are asked to complete a "speaker card" (a half sheet form titled, "Request to Address the Board of Education" provided on the table at the entrance to the Boardroom) and submit it to the Executive Assistant beforehand. Each person may speak ONCE on an item, for a maximum of three minutes. Public comments cannot be acted upon by the Board.
9. EMPLOYEE ORGANIZATIONS
9.1 Employee Organizations
Type Information
At regular Board meetings, a single spokesperson of each recognized employee organization (NTA, CSEA, NEWMA) may make a brief presentation. Items are limited to those that are informational.
10. OLD BUSINESS
10.1 Newark Memorial High School Flooring
Type Action
Preferred Date Jan 16, 2020
Fiscal Impact Yes
Dollar Amount $856,683.00
Budgeted Yes
Budget Source Measure G Bond
Recommended Staff recommends approval of the the flooring project proposal and award a contract to
Action JB Jordan & Associates to replace the specified flooring at Newark Memorial High School.
Purpose:
The purpose is to have the Board approve the proposal and award a contract to JB Jordan & Associates to furnish and install flooring as specified at Newark Memorial High School. This project will be covered by the Measure G bond measure.
Background: Originally presented to the Board at the June 6, 2019 Board Meeting. The proposed contractor, JB Jordan & Associates, at the time provided a quote based on the "Sourcewell" procurement program. The Board was not familiar with this cooperative procurement program, so they requested staff to provide a legal review. The proposed contractor is now part of the "CMAS (California Multiple Award Schedule)" program which is an accepted cooperative procurement program as reviewed by the district's legal counsel. Recently the district went thorough an informal bidding process for flooring at the 700 Bldg. This same contractor was the lowest bidder and was awarded the contract. The total base cost of this project for all rooms except building 700 is $572,552 which includes materials, tax, freight, labor and furniture moving. There is an additional estimated cost of $284,131 included in the proposal for potential moisture mitigation systems. This will only be required if moisture test levels are above the manufacturer's limit. Total cost should not exceed $856,683. The project will start in February 2020 and should be completed by August 2020 (before the start of the new school year). Attached are two (2) documents: (1) Summary of the base cost and (2) Itemized cost and description of each flooring area
File Attachments Floor Propsal for All of NMHS.pdf (250 KB) Individual Proposals per Area NMHS.pdf (3,423 KB)
10.2 Superintendent Search Firm Selection Process
Type Discussion, Information
Purpose:
For the Board to receive an update on the process to select a search firm and provide direction to the ad hoc committee regarding further investigation and selection of a firm.
Background:
The District sought proposals for a superintendent search from six firms. Of the six, one firm no longer does superintendent searches, three additional firms did not have capacity. The six firms we reached out to were from a previously used list and CSBA recommended firms. After reviewing the proposals, the Board had additional questions about the two firms and the process to select a firm. The Board will provide the ad hoc committee with further direction regarding acquiring additional information from the firms and working with one firm to bring a proposed contract for search services to the February board meeting.
11. NEW BUSINESS
11.1 Audit Report for Fiscal Year Ended June 30, 2019
Type Action
Preferred Date Jan 15, 2020
Absolute Date Jan 16, 2020
Fiscal Impact No
Recommended Staff recommends the Board accept the independent audit report for the fiscal year
Action ended June 30, 2019 as presented.
Goals 2a. Safe, Secure and Healthy Learning Environments
Purpose: The purpose of this item is for the Board to receive information about and consider approval of the audit report year ended June 30, 2019 as presented.
Background: In accordance with generally accepted auditing standards and Government Auditing Standards, the independent auditing firm of Christy White & Associates has completed their audit of the combined financial statements of the Newark Unified School District for the year ended June 30, 2019. A representative from Christy White & Associates will present the audit to the Board for review.
The audit report is the financial document that all outside agencies review, county offices scrutinize, and bond rating agencies rely on. The District prepares all reports in the state approved format, but the audit report is the document that is readily available to the public and is audited in accordance with Government Auditing Standards and the 2010- 2011 Standards and Procedures for Audits of California K-12 Local Educational Agencies, prescribed in the California Code of Regulations, Title 5, Section 19810 and following.
The district's Audit Committee met and reviewed the audit report on January 7, 2020.
File Attachments Audit Report 18-19-Newark USD FINAL.pdf (1,599 KB) Audit Report 18-19-letter to the board-Newark 1819 SAS 12.11.19.pdf (508 KB) Audit Report 18-19-management letter to the board-compensated absences.pdf (471 KB)
11.2 Revised Salary Schedules for Classified (Non-Management) Employees Due to Increase in Minimum Wage
Type Action
Preferred Date Jan 01, 2020
Absolute Date Jan 16, 2020
Fiscal Impact Yes
Dollar Amount $4,200.00
Budgeted No
Budget Source General Fund
Recommended Staff recommends approval of the revised salary schedules for classified (non-
Action management) employees to comply with the increase in minimum wage effective
January 1, 2020.
Purpose: To update the salary schedules to comply with the increase in the minimum wage from $12.00 to $13.00 per hour effective January 1, 2020.
Background: The State of California minimum wage will increase from $12.00 to $13.00 per hour effective January 1, 2020. The hourly rates on the salary schedule for the Campus Monitor (for Elementary Schools, Step A), Food Service Assistant (Steps A and B), and Student Assistant positions are currently below the new minimum wage. The Campus Monitor position is the only position currently impacted by the increase. The other positions are filled by employees already placed on the salary schedule above the minimum wage.
File Attachments CSEA Salary Schedule for 18.19_rev1-1-20 for min wage increase.pdf (67 KB)
11.3 Resolution No. 2055 Recognition of Fund Education Now Week
Type Action
Fiscal Impact No
Recommended Staff recommends the Board approve Resolution Number 2055 for Recognition of Fund
Action Education Now Week
Goals 2a. Safe, Secure and Healthy Learning Environments
Purpose: To have the week of February 3-7, 2020 dedicated to raising awareness among the East Bay community and advocating our needs for increased funding is in the best interest of our students.
File Attachments 1-16-2020 Resolution Funding Now Week.pdf (164 KB)
12. CONSENT AGENDA - PERSONNEL ITEMS
12.1 Personnel Report
Type Action (Consent)
Preferred Date Jan 16, 2020
Absolute Date Jan 16, 2020
Recommended Staff recommends the Board approve the personnel report as presented.
Action
This report includes employment, retirements, reassignments and terminations for both certificated and classified employees. Specific actions can be made known at the conclusion of the meeting.
File Attachments HR PAL 01-16-20.pdf (367 KB)
13. CONSENT AGENDA - NON-PERSONNEL ITEMS
13.1 Curricular, Overnight Field Trip, One-Way Distance over 100 Miles: Newark Memorial High School Puente to Southern California
Type Action
Preferred Date Jan 16, 2020
Absolute Date Jan 16, 2020
Fiscal Impact No
Dollar Amount $12,000.00
Budgeted Yes
Budget Source Trip to be paid for with Puente Program funds, ASB Funds and donations
Recommended The administration recommends the approval for Newark Memorial High School Puente
Action students to travel to Southern California for a curricular, overnight trip to visit various
college campuses.
Goals MISSION: The Newark Unified School District will inspire and educate all students to
achieve their full potential and be responsible, respectful, and productive citizens.
VISION: The Newark Unified School District, in partnership with the community, will
be a model of world-class education that develops the unique abilities of every
student.
1a. Student Achievement
3a. Parent and Community Engagement and Communication
Purpose: The Newark Memorial High School Principal and Puente Advisor request permission to take Newark Memorial High School Puente students on a trip to visit colleges in Southern California. Transportation will be by chartered bus. School: Newark Memorial High School Puente Dates: February 26-28, 2020 Location: Various College Campuses in Southern California Chaperone requirements met Grade K-3, one adult for every 5-8 students; Grades 4-12, one adult for every 10 students; Board Policy requires at least two adults on every trip regardless of number of students (BP 6153 and AR 6153) Overnight trip supervision must be gender appropriate No student will be denied due to lack of funds Background: According to Board Policy 6153, all trips in excess of 100 miles, non-curricular trips and overnight trips require Board approval. Newark Memorial High School Principal and Puente Advisor request permission to take Newark Memorial High School Puente students on a trip to visit colleges in Southern California. Transportation will be by chartered bus.
13.2 Signature Card - Mid-Year Revision
Type Action (Consent)
Preferred Date Jan 16, 2020
Absolute Date Jan 16, 2020
Fiscal Impact No
Recommended Staff recommends approval of the the Mid- Year Revision Signature Card
Action
Goals 2a. Safe, Secure and Healthy Learning Environments
Purpose: The update the signature card of Authorized Agents as required by the Alameda County Office of Education. Authorized Agents to sign Payroll Warrants and Disbursements Authorized Agents to sign Official Documents & Reports Background: This is the "Signature Card" to be kept on file at the Alameda County Office of Education. This is a mid-year revision to replace the Superintendent, Patrick Sanchez, with the Acting Superintendent, Leticia Salinas
File Attachments Signature Card_Mid-Year Revisions_Supt 1-16-20.pdf (110 KB)
13.3 Minutes of the Regular Board Meeting December 5 , 2019
Type Action (Consent), Minutes
Preferred Date Jan 16, 2020
Absolute Date Jan 16, 2020
Fiscal Impact No
Recommended Staff recommends the Board approve the Minutes of the Regular Board Meeting of
Action December 5, 2019
File Attachments 12-5-19 Minutes Regular Board Meeting.pdf (72 KB)
13.4 Minutes of the Regular Board Meeting December 19, 2019
Type Action (Consent), Minutes
Preferred Date Jan 16, 2020
Absolute Date Jan 16, 2020
Fiscal Impact No
Recommended Staff recommends the Board approve the Minutes of the Regular Board Meeting of
Action December 19, 2019
File Attachments 12-19-19 Minutes Regular Board Meeting.pdf (59 KB)
13.5 Addendum To Master Contract for Behavior Health Clinician, Jackie Melcher
Type Action (Consent)
Preferred Date Jan 16, 2020
Absolute Date Jan 16, 2020
Fiscal Impact Yes
Dollar Amount $5,784.00
Budgeted Yes
Recommended The Staff recommends the Board ratify the addendum to the master contract for
Action Behavior Health Clinician, Jackie Melcher for services at Schilling Elementary.
Purpose: To provide Schilling Elementary students an onsite mental health clinician who will support Tier I and Tier II needs. The clinician will also support the implementation of Positive Behavioral Interventions and Support (PBIS) based at Graham Elementary.
Background: The Shilling Elementary School Site Council reviewed the school needs and approved to continue this support role to meet the ongoing needs of students and the implementation of PBIS and their Coordination of Services Team (COST). The site is using restricted site funds (Title 1) to add this supplemental service to the school wide program. This contract is returning with an addendum to increase time/support for Shilling Elementary due to student need. Contractor supports both Schilling Elementary and Graham Elementary and total contract is above threshold and coming to Board of Education for approval.
File Attachments Master Contract Jackie Melcher.pdf (742 KB) Addendum J Melcher.pdf (161 KB)
13.6 Warrant Report for December 2019
Type Action (Consent)
Preferred Date Jan 16, 2020
Fiscal Impact No
Recommended Staff recommends the Board approve the Warrant Report as presented.
Action
Goals 2a. Safe, Secure and Healthy Learning Environments
Purpose: The purpose of this item is to present warrants made from District funds for December 2019.
Background: The warrant registers represent a complete listing of all payments made from District funds for a month. Because Newark Unified School District is a fiscally dependent District, each warrant must pass through two separate audits; first by the District's Fiscal Services department, and second by the County Office of Education. No warrant can be paid until such time as it is examined and approved by the County Office of Education.
File Attachments Warrant report for December 2019.pdf (262 KB)
13.7 Williams Uniform Complaint Quarterly Report October 1 to December 31
Type Action (Consent)
Preferred Date Jan 16, 2020
Absolute Date Jan 16, 2020
Recommended Staff recommends the Board of Education approve the Williams Uniform Complaint
Action Quarterly Report for the period of October 1, 2019 to December 31, 2019.
Education Code 35186 requires that the Superintendent of a school district report summarized data on the nature and resolution of all complaints filed under the Williams Uniform Complaint Procedures to the local Board of Education and the County Superintendent of Schools on a quarterly basis. The report must include the number of complaints by general area, the number of resolved and unresolved complaints, and be publicly presented at a regularly-scheduled Board meeting. The attached report is presented to the Board for the period of October 1, 2019 to December 31, 2019.
File Attachments Q320 UCP Report.pdf (205 KB)
13.8 Individual Service Agreement - AchieveKids ISA 20-15b
Type Action (Consent)
Preferred Date Jan 16, 2020
Absolute Date Jan 16, 2020
Fiscal Impact Yes
Dollar Amount $63,862.00
Budgeted No
Budget Source 010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178
Recommended The staff recommends the Board ratify the Agreement.
Action
Goals 1a. Student Achievement
Purpose: The purpose of this item is to increase the master contract to fund additional student placement in the amount of $63,862.00. This brings the total contract amount to $149,713.00.
NUSD student's least restrictive environment per IDEA was determined to be placement in a Non-Public School (NPS) setting due to a significant disability, behavioral or programmatic need that has impacted their current ability to be successful within the general education setting. (Education Code 56342.1 & EC 56366) http://www.gamutonline.net/district/newark/DisplayPolicy/137894/
This proposed action is consistent with existing Board of Education Policy 0200.
Background: As part of the U.S. Individuals with Disabilities Education Act (IDEA), the least restrictive environment is identified as one of the six (6) principles that govern the education of students with disabilities and other special needs. By law, schools are required to provide a Free Appropriate Public Education (FAPE) in the least restrictive environment that is appropriate to the individual student's needs.
"Least restrictive environment" (LRE) means that a student who has a disability should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate. They should have access to the general education curriculum, extracurricular activities, or any other program that non-disabled peers would be able to access. The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers. Should the nature or severity of his or her disability prevent the student from achieving these goals in a regular education setting, the student would then be placed in a more restrictive environment, such as a Resource Program, separate classroom with specialized academic instruction (Special Day Class), or a non-public school.
To determine what an appropriate setting is for a student, an IEP (Individualized Education Program) team reviews the student's needs and interests. The types of educational settings for students with disabilities will vary. With the differences in needs and interests among students with disabilities, there is no single definition of what a LRE will be for all students.
File Attachments Addendum to Master Contract AchieveKids 2019-20.pdf (75 KB) ISA 20-15b AchieveKids_Redacted.pdf (350 KB)
14. STUDENT EXPULSION(S)
14.1 Expulsion e1718-11
Type Action
Preferred Date Jan 16, 2020
Absolute Date Jan 16, 2020
Fiscal Impact No
Budgeted No
Recommended The administration recommends the continuation of the expulsion order.
Action
Goals
MISSION: The Newark Unified School District will inspire and educate all students to
achieve their full potential and be responsible, respectful, and productive citizens.
1a. Student Achievement
Purpose: The following student is recommended for continuation of expulsion. The student has failed to meet the conditions of their expulsion. All regular education students that are not at least eighteen years of age and have not had four or more years to complete their high school education must be allowed to continue. All Special Education students are not at least twenty-five years of age and have not maximized the time they are allowed to complete their education must be allowed to continue. The expulsion is continued for an additional semester at which time it will be reviewed again.
Case Number e1718-11
Background: California Education Code Section 48916 requires that "an expulsion order shall remain in effect until the governing board ... orders the readmission of the pupil." It is the administration's recommendation to continue the expulsion order.
14.2 Expulsion e1920-06
Type Action
Preferred Date Jan 16, 2020
Absolute Date Jan 16, 2020
Fiscal Impact No
Budgeted No
Recommended The administration recommends the confirmation of the expulsion from the prior district
Action and rehabilitation plan.
Goals MISSION: The Newark Unified School District will inspire and educate all students to
achieve their full potential and be responsible, respectful, and productive citizens.
1a. Student Achievement
3a. Parent and Community Engagement and Communication
Purpose: The following student is a resident of Newark and after being expelled from a private school. The administration asks the Newark Unified School District Board of Education to confirm the current expulsion and rehabilitation plan. An expulsion intake meeting with held on January 13, 2019. The case will be reviewed at the end of the current expulsion. The administration asks for approval of the recommendation.
Background: In accordance with Board Policy and Administrative Regulation 5119 the student has established legal residence in the district and will finish out the terms of the expulsion and rehabilitation plan.
16. SUPERINTENDENT'S CONCLUDING COMMENTS, UPDATES FOR THE BOARD AND FUTURE AGENDA REQUESTS
16.1 Superintendent's Concluding Comments, Updates for the Board and Future Agenda Requests
FUTURE AGENDA REQUESTS
Type Information
17. ADJOURNMENT
17.1 Adjournment
Type Procedural
No items will be considered after 10:00 p.m., unless it is determined by a majority of the Board to extend to a specific time. The meeting shall be extended no more than once.