Regular - Part 1 Meeting
Thursday, April 9, 2020
Meeting Resources
[43] Mark Triplett: She's still there.
[50] SPEAKER_26: Before we get started, I ask everyone to mute their screens, please. Member Rodriguez. Are we ready? It is six o'clock. We have a quorum. Can we go ahead and get started? Okay, thank you. So good evening.
[88] SPEAKER_25: Welcome to the Thursday, April 19, 2020 regular meeting of the Board of Education.
[106] SPEAKER_26: It is a virtual meeting.
[107] SPEAKER_25: Welcome to those of you joining us through our YouTube channel or those of you who joined by through the numbers that was provided on the posted agenda.
[131] SPEAKER_26: With that, Ms. Aquino, can you please go through roll call? Yes. President Martinez? Was I very hard to understand? I know that I was very choppy. I may have to reconnect. Ms. Aquino? Yes. President Martinez?
[159] Richelle Piechowski: Here.
[160] Maria Huffer: Vice President Gutierrez. Here. Member John. Here. Member Nguyen. Here. Member Rodriguez.
[169] Ray Rodriguez: Here.
[176] SPEAKER_26: Thank you. We'll try my audio here. With that we will move to the approval of the agenda. Can I May I have a motion and a second to approve the agenda as is?
[193] Ray Rodriguez: I move to approve the agenda as it is. I second.
[205] SPEAKER_25: Please vote Ms. Margaret Harris.
[213] SPEAKER_26: Yes.
[217] Bowen Zhang: Yes.
[219] SPEAKER_26: Member Nguyen. Yes. Member Rodriguez.
[224] Aiden Hill: Yes.
[226] SPEAKER_26: I vote yes as well. Five ayes. Motion.
[243] Marie dela Cruz: There are no public comments for closed session.
[255] SPEAKER_26: I couldn't hear you, Ms. Aquino.
[262] Megan McMillan: You're on mute. There are no comments for closed session.
[266] SPEAKER_26: Thank you. As we reach into closed session, for those of you that do not have the agenda in front of you, we will be discussing public employee discipline dismissal relief. Item 3.2, Conference of Labor Negotiator and Employee Organizations, NTA and CSCA, Conference of Legal Counsel Regarding Anticipated Litigation, and Conference with Labor Negotiator, Contracted Management, Acting Superintendent.
[303] SPEAKER_25: And with that, we will
[315] SPEAKER_21: I think at this time, would you like me to continue? I think our president got disconnected. Or Ms. Glutonness, do you want to proceed?
[326] Richelle Piechowski: I think that would be fine, members of the jury.
[328] Leonor Rebosura: It sounded like she was adjourning us.
[337] SPEAKER_21: I lost you as well Miss Salinas but I think at this point we are going to adjourn to closed session so since there was no public comment at this point I will ask that we adjourn to closed session.
1. CALL TO ORDER
1.1 To observe the meeting virtually, Please see below
Type
To observe the meeting via live stream visit our youtube channel Or join by phone: Dial US: +1 669 900 6833 Webinar ID: 336 811 685 This will call the Board of Education Meeting to order at 6:00 pm
1.2 Roll Call
Type Procedural
To observe the meeting via live stream visit our youtube channel Or join by phone: Dial US: +1 669 900 6833 Webinar ID: 336 811 685 This will call the Board of Education Meeting to order at 6:00 pm
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 Virtually, Please see below
Type Procedural
How To Submit Comments:
. In order to be read aloud during the meeting, comments must be received by 12:00 PM the day of the Board Meeting (April 9, 2020).
� Email comments regarding non-agendized matters and agendized items to publiccomment@newarkunified.org.
� Emails must be clearly labeled by stating the Number/Agenda Item they wish to reference on the subject line of the email, i.e, "Public Comment - Closed Session Item 3.2.A Labor Negotiations," or "Public Comment - 13.2 SNA Child Prevention Month. If a speaker seeks to address non-agendized matters, the email should indicate "Public Comment - Non-Agendized Matter."
During the meeting, comments will be read aloud by Ms. Aquino , Executive Assistant to the Board of Education, and they will be added to the meeting minutes. All comments will be limited and timed to three minutes.
As with in-person meetings, the Board respects the right of the public to comment on Board matters. The content of messages should be civil and appropriate for a public meeting of a school district governing 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 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
3.4 Conference with Labor Negotiator (GC 54957.6) Contracted Management - Acting Superintendent
Type
Agency Negotiator Elisa Martinez Board President
4. RECONVENE TO OPEN SESSION
4.1 To observe the meeting virtually , Please see below
Type
To observe the meeting via live stream visit our youtube channel Or join by phone: Dial US: +1 669 900 6833 Webinar ID: 419 077 630 This will resume the Board of Education Meeting at 7:00 pm
4.2 Pledge of Allegiance
Type Procedural
5. REPORT OF CLOSED SESSION ACTIONS
5.1 Report of Closed Session Actions
Type Action
6. STUDENT REPORT
6.1 Student Report from Newark Junior High School, MacGregor and Newark Memorial High School- Postponed at this time
Type Information
A. Newark Junior High School B. MacGregor
C. Newark Memorial High School
7. RECOGNITIONS AND CELEBRATIONS
7.1 School Spotlight- Postponed at this Time
Type Information
Goals 1a. Student Achievement
Purpose The School Spotlight gives the Board of Education and the public an opportunity to hear from each school with highlights of its achievements and initiatives. Each site will present once during the school year.
8. PUBLIC COMMENT ON NON-AGENDA ITEMS
8.1 Public Comment on Non-Agenda Items Virtually, Please see below
Type Information
How To Submit Comments:
. In order to be read aloud during the meeting, comments must be received by 12:00 PM the day of the Board Meeting (April 9, 2020).
� Email comments regarding non-agendized matters and agendized items to publiccomment@newarkunified.org.
� Emails must be clearly labeled by stating the Number/Agenda Item they wish to reference on the subject line of the email, i.e, "Public Comment - Closed Session Item 3.2.A Labor Negotiations," or "Public Comment - 13.2 SNA Child Prevention Month. If a speaker seeks to address non-agendized matters, the email should indicate "Public Comment - Non-Agendized Matter."
During the meeting, comments will be read aloud by Ms. Aquino , Executive Assistant to the Board of Education, and they will be added to the meeting minutes. All comments will be limited and timed to three minutes.
As with in-person meetings, the Board respects the right of the public to comment on Board matters. The content of messages should be civil and appropriate for a public meeting of a school district governing board.
9. SUPERINTENDENT REPORT
9.1 Superintendent Report
Type Information
10. EMPLOYEE ORGANIZATIONS
10.1 Employee Organizations
Type Information
In order to be read aloud during the meeting, employee organization updates must be received by 12:00 PM the day of the Board Meeting (April 9, 2020).
Email updates to publiccomment@newarkunified.org. Please Specify Employee Oganization i.e. CSEA .
During the meeting, employee organization updates will be read aloud by Ms. Aquino , Executive Assistant to the Board of Education, and they will be added to the meeting minutes.
11. OLD BUSINESS
11.1 Superintendent Search Update
Type Discussion, Information
The Board of Education will have an update from McPherson and Jacobson LLC as to what has been completed and the status of where the process is currently. Next steps will be discussed with the board.
11.2 School Consolidation Advisory Committee
Type Action, Discussion, Information
Fiscal Impact No
Recommended Staff recommends approval of the School Consolidation Advisory Committee composition
Action and charge
Purpose: To review and approve the School Consolidation Advisory Committee (SCAC) composition and charge. At the March 19, 2020 Board meeting, the Board requested that language be added to the committee composition allowing for alternate members to be selected in the event an appointed SCAC member is not able to fulfill their duties. The attached document has been modified to include this language.
Background:
At the March 19, 2020 meeting, the Board approved the School Consolidation Advisory Committee members. At the December 19, 2019 meeting, the board discussed the following: Assign Board Members to the committee Purpose of the committee Structure and process of selecting committee members Meeting facilitator Approximate timeline Possible dates for meetings Proposed timeline The Board assigned Member Gutierrez and Member Phuong as members of the committee. The Board approved the formation of a School Consolidation Advisory Committee at their December 5, 2019 meeting. The district's First Interim Financial Report received a "Qualified" certification at the December 5, 2019 Board meeting. A "qualified" certification means the district may not be able to meet its financial obligations in the current fiscal year or in the next two subsequent fiscal years. Newark Unified School District (NUSD) is projecting a budget deficit in the current year, and two subsequent years. As part of the budget balancing solution, the district included school closure(s) and consolidation(s) in the assumptions for next school year. NUSD has been declining in enrollment over the last 10 years.
File Attachments School Consolidation Advisory Committee purpose and composition_draft Dec16 2019-rev 2.pdf (32 KB)
12. NEW BUSINESS
12.1 Declaration of Need for Fully Qualified Educators
Type Action
Preferred Date Apr 02, 2020
Absolute Date Apr 02, 2020
Recommended Staff recommends the Board of Education approve the Declaration of Need for Fully
Action Qualified Educators as presented.
Purpose: The California Commission on Teacher Credentialing requires that each school district file a Declaration of Need for Fully Qualified Educators for the pending academic year.
Background: The declaration specifies the number of teachers the school district anticipates hiring in designated subjects and at designated levels on emergency permits and the number of interns the school district anticipates hiring. The declaration is valid for one academic year and is a prerequisite to the issuance of any emergency permits to the school district from the Commission on Teacher Credentialing. The declaration may be amended throughout the academic year as needed.
File Attachments CTC Annual Statement of Need 2020-2021.pdf (262 KB) 2020-2021 NUSD CTC DON.pdf (316 KB)
12.2 Child Abuse Prevention Month
Type Action
Preferred Date Apr 02, 2020
Absolute Date Apr 02, 2020
Recommended Staff recommends the Board of Education adopt Resolution No. 2065 recognizing April
Action as Child Abuse Prevention Month.
A presidential proclamation in 1983 declared April as Child Abuse Prevention Month. Since then, April has been a time to acknowledge the importance of families and communities working together to prevent child abuse. We are joining forces with other districts and cities promoting the well-being of all children by participating in the National Child Abuse Prevention month during April 2020.
File Attachments Resolution No 2065 Child Abuse Month.pdf (32 KB)
12.3 Resolution No. 2062 Classified Layoffs
Type Action (Consent)
Preferred Date Apr 09, 2020
Absolute Date Apr 09, 2020
Recommended Staff recommends the Board of Education approve Resolution No. 2062 to lay off or
Action reduce hours of certain classified positions for lack of work or lack of funds.
Purpose: This resolution gives authorization for the District to formally notify certain classified employees that they are being laid off or that their hours are being reduced. This process is required under California Education Code. Background: As sites have prepared their operating budgets for next year and/or looked at the delivery of services, they determined that due to lack of funds or lack of work that they would not need these positions for next year. Without this resolution, staff cannot officially lay off employees and they would retain their positions next year without the funding and/or work to support them. Employees will have reemployment rights for 39 months.
File Attachments Classified Layoff Resolution 2062.pdf (8 KB) Ed Code 45117.pdf (94 KB)
12.4 Resolution No. 2064 - Reduction in Work Days for Classified Management, Confidential, and Supervisory Employees
Type Action
Preferred Date Apr 02, 2020
Absolute Date Apr 02, 2020
Recommended Staff recommends the Board of Education approve Resolution No. 2064 - Reduction in
Action Work Days for Classified Management, Confidential, and Supervisory Employees
As a result of Board action taken on March 5, 2020 to implement expenditure reductions, the Board reduced the number of work days for members of the Newark Management Association. Resolution No. 2064 is the formal process to reduce the number of work days for classified management, confidentials, and supervisors due to lack of work or lack of funds. During the first week of March, Certificated Management and Cabinet Members including the Acting Superintendent received a letter reducing the calendar year due to lack of funds. Following the passage of Resolution No. 2064, the Human Resources Office will notify the affected employees in accordance with the Education Code prior to the effective day of the lay-off.
File Attachments Resolution No 2064.pdf (10 KB)
12.5 Goal Setting with Board of Education
Type Action, Discussion
Preferred Date Apr 09, 2020
Absolute Date Apr 09, 2020
Fiscal Impact No
Recommended Staff recommends board to approve goals.
Action
Purpose: The purpose of today's discussion and action is to review proposed draft goals for Newark Unified School District and to gain an understanding of the Board's direction as they come to consensus.
Background: Acting Superintendent Salinas and Director of Teaching and Learning, Mr. Dolowich met with individual Members of the Board of Education to review Newark Unified School District data and to start to draft Board Goals as we move forward in planning for the upcoming LCAP along with district priorities.
File Attachments BOE Mtg 4.9.20 Goal Setting.pdf (507 KB)
12.6 Audit Report - Measure G Bond
Type Action
Preferred Date Apr 09, 2020
Absolute Date Apr 09, 2020
Recommended Staff recommends the Board accept the Measure G Financial and Performance Audit
Action Report for the 2018-19 fiscal year.
Purpose: The purpose of this item is for the Board to receive information about the Measure G Financial and Performance Audit Report for the fiscal 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 Financial and Performance Audit Report of the Proposition 39 (Measure G) Bonds of the Newark Unified School District for the fiscal year ended June 30, 2019. The comprehensive summary of auditors' results on audit report page 20 outlines the following: The opinions on the financial statements and performance were both unmodified, which is the best opinion that can be provided in an audit. There were no findings, questioned costs, or audit adjustments in relation to this audit.
File Attachments Newark USD Measure G Bond FINAL 3.6.2020 (1).pdf (293 KB)
13. CONSENT AGENDA - PERSONNEL ITEMS
13.1 Personnel Report
Type Action (Consent)
Preferred Date Apr 09, 2020
Absolute Date Apr 09, 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 04-09-20.pdf (363 KB)
14. CONSENT AGENDA - NON-PERSONNEL ITEMS
14.1 Williams Uniform Complaint Quarterly Report January 1 to March 31, 2020
Type Action (Consent)
Preferred Date Apr 02, 2020
Absolute Date Apr 02, 2020
Recommended Staff recommends the Board of Education approve the Williams Uniform Complaint
Action Quarterly Report for the period of January 1, 2020 to March 31, 2020.
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 January 1, 2020 to March 31, 2020.
File Attachments Q420 UCP Report.pdf (205 KB)
14.2 CSU School Counseling/School Psychology Clinical Student Experience Agreement
Type Action (Consent)
Preferred Date Apr 09, 2020
Absolute Date Apr 09, 2020
Recommended Staff recommends the Board of Edcuation approve the agreement with California State
Action University East Bay.
Purpose:
This agreement would provide clinical experiences and the use of clinical facilities for non-paid student placements who are enrolled in a Clinical School Counseling and/or School Psychology program at California State University East Bay (CSUEB). Background:
The District works closely with local institutes of higher education and supports student teacher placements, internships, and clinical experiences for college students. School Psychologists and Counselors in training do fieldwork at our schools and are supervised by the administrators who volunteer to provide supervision and training.
It is invaluable to have the opportunity to observe School Psychologists and Counselors in training who may be eligible to interview for vacancies.
File Attachments CSUEB Agreement.pdf (560 KB)
15. BOARD OF EDUCATION - COMMITTEE REPORTS, ANNOUNCEMENTS, REQUESTS, DEBRIEF AND DISCUSSION
15.1 Board of Education Committee Reports
DEBRIEF AND DISCUSSION
Type Information
The board committee members will give any updates from the following committees:
Mission Valley ROP -Member Rodriguez & President Martinez SELPA - Member Rodriguez & President Martinez City/School Liaison - Member Gutierrez & Member Nguyen East Bay Induction - Member Rodriguez & Member Gutierrez Audit Committee - Member Nguyen & Member Zhang School Consolidation Committee - Member Gutierrez & Member Nguyen Godbe - Member Gutierrez & President Martinez Communication Committee - Member Gutierrez & Member Nguyen Governance Handbook - Member Gutierrez & President Martinez
15.2 Board of Education Committee Reports, Announcements, Requests, Debrief and Discussion
DEBRIEF AND DISCUSSION
Type Information
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.