Regular Meeting

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[0] Elisa Martinez: Meeting of the Newark Board of Education, Thursday, August 6, a regular meeting. And with that, Ms. Gutierrez, roll call, please. Yes.

[13] SPEAKER_22: Member Nguyen? Here. Member Zhang?

[17] SPEAKER_24: Here.

[18] SPEAKER_22: Member Rodriguez?

[19] Ray Rodriguez: Here.

[20] Elisa Martinez: President Martinez? Here. Thank you. And we move to item 2.1, which is the approval of the agenda. I know that I have a modification. Any other items that need to be changed or pulled?

[44] SPEAKER_09: Good evening. Yes, there is a couple. I'm just double checking.

[48] Elisa Martinez: Okay. While you do that, if you need another minute, I would like to move um switch items four and five we should um reconvene to open session and complete the pledge of allegiance and then report on closed session would be the normal the normal structure so i would like to change those two sorry superintendent triplet yeah um and then the other one is uh we we'd like to respectfully request to pull 13.5 pulled. And Ms. Saavedra, I think we discussed item 3.4, whether there was, if that was placed inadvertently and whether that needed to get pulled as well.

[103] SPEAKER_16: Yes. Yes, President Martinez, that was an oversight. We do know at this moment we don't have any pending litigations.

[110] Elisa Martinez: So we will pull item 3.4 as well.

[121] SPEAKER_24: Okay, any other change or modification?

[126] Elisa Martinez: Okay, well with that, I will entertain a motion to approve the agenda with the modifications of moving the place of four items four and five, just basically inverting and pulling item 3.4 and item 13.5.

[145] Ray Rodriguez: I move. I'm not gonna repeat it, but I move.

[151] Elisa Martinez: Thank you. Member Rodriguez, may I have a second? I second.

[157] SPEAKER_24: And Member Nguyen seconds.

[160] Elisa Martinez: And may I have a vote? Member Nguyen?

[167] SPEAKER_24: Yes. Member Zhang?

[169] Ray Rodriguez: Yes.

[170] SPEAKER_24: Member Rodriguez?

[171] Ray Rodriguez: Yes.

[173] Elisa Martinez: And my vote is yes as well. So the motion carries and the agenda is approved with the modifications that we listed. And the next item is public comment on closed session. I know I have the list somewhere. Do we have any public comment, Ms. Gutierrez? Not on closed session. Not on closed session. OK, great. So with that, we recess to closed session. And we will see you back here in approximately one hour. Thank you so much.

[218] Nancy Thomas: you

[3621] SPEAKER_24: Okay, let's see, do we have... Okay, hello everyone.

[3639] Elisa Martinez: So we're just waiting for a couple more board members.

[3661] Phuong Nguyen: We have a couple more minutes.

[3717] SPEAKER_24: Okay, let's see. Ms.

[3721] Elisa Martinez: Gutierrez, can you please ping Member Rodriguez?

[3726] SPEAKER_24: I'm just giving one more minute. Yes.

[3786] Elisa Martinez: Okay, I think we'll go ahead and get started. We do have quorum. So, oh, there he is. He's jumping on. He's coming on. Okay. There he is. Okay. All right. With that, it is 7.04 and we reconvene to open session, and the item 5.1 is the Pledge of Allegiance. So if I could ask you all to please stand and recite the Pledge of Allegiance.

[3823] Bowen Zhang: I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

[3847] Elisa Martinez: Okay, before I go ahead and report on closed session, I just wanted to remind folks that we are live streaming on our Newark Unified YouTube channel. We are also having live public comment via Zoom. And so there was a process on the agenda that was posted with regards on how to submit for public comment and each of an individual received an individual invite to become a panelist on the Zoom meeting. We will continue to work on our process. Of course, we'll always want to make sure it's as user-friendly as possible in a way that our current process can support. So we will continue to bring updates as we make additional improvements to that. I just wanted to, there's another statement that I wanted to read off that's in the agenda, which is just the expectations of the public comment. As 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. Employees who are defamed by public comment may be entitled to pursue legal action against those who engage in such in compliance with the American Disabilities Act, the ADA, and upon request, individuals who require appropriate and alternative modification of the agenda or accommodations in order to observe or participate in board meetings are invited to contact Ms. Lucia Gutierrez by email, and it's listed at algutierrez at newarkunified.org by noon on the Monday preceding the scheduled board meeting. So just wanted to get a little bit of housekeeping out there. Um, and you know, we do are are excited to hear some of you from our public's actual voice. We've been reading your comments for you. So we look forward to hearing you live for those of you who submitted remarks. Okay, so, um, I did. I realized as I'm about to report on closed session that historically I have been reading the items that we we discussed in closed session, which is Item 3.1, public employee discipline dismissal release. 3.2, conference with labor negotiator, employee organizations, NTA and CSCA. Item 3.3, conference with labor negotiator, NEWMA, unrepresented supervisors and contracted management. Item 3.4 was pulled. Item 3.5, consideration of disciplinary action for student E1920-08. also student E1920-09, also student E1920-10. Those were the quotation items that were discussed. And the one item that I do have to report is that the board has determined that students number E1920-08, E1920-09, and E1920-10 shall not be recommended for discipline and has directed the superintendent and or his designee to end any suspension of these students. Okay, thank you. And with that, we move to item six, which is the organization of the board. And the first item is 6.1, the appointment of the superintendent as a secretary of the board.

[4074] Ray Rodriguez: Can I, I have a question before you move. Oh, sure. Send an invitation to our newly elected student board member. And do we know when that individual is going to be at, maybe the next meeting, hopefully?

[4093] Elisa Martinez: Yes. Yes. Yes. Member Rodriguez, he will be joining in the next meeting. So we actually, Superintendent Triplett and I met with him earlier today. His term does officially start on July 1st. past practice has been that they join the meeting after start of school. So he will be planning on joining at our next regular level meeting. Thank you for asking. Okay, let's see. So the first item is, let me get, sorry, I'm trying to get back to my agenda here to make sure I've got the right verbiage. And item six, which is the appointment of the secretary of the board. And this item, I will speak to the board is asked to accept the appointment of the superintendent, Dr. Mark Triplett as secretary of the board. And this is consistent with our board bylaw of 9122 that identifies a superintendent as the secretary of the board. And with that, may I have a motion and a second to approve the recommendation to appoint Superintendent Triplett as the Secretary of the Board?

[4187] Ray Rodriguez: So moved.

[4189] Bowen Zhang: I second.

[4191] Elisa Martinez: Thank you.

[4192] SPEAKER_24: Any questions or discussion before we take a vote? Okay, thank you.

[4203] Elisa Martinez: Ms. Gutierrez, may you please, can you please repeat the motion?

[4210] SPEAKER_22: Yes. The motion is that the board is, the board is asked to appoint the superintendent, Dr. Mark Triplett, as secretary of the board. And we have motion by member Ray Rodriguez and second by member Zhang.

[4227] SPEAKER_24: Very good. And with that, I will ask for a vote. Member Nguyen? Yes. Member Rodriguez?

[4238] Ray Rodriguez: Yes.

[4239] SPEAKER_24: Member Zhang?

[4240] Bowen Zhang: Yes.

[4241] Elisa Martinez: And my vote is yes as well, so the motion carries. Welcome to your new role as Secretary of the Board, Superintendent Triplett.

[4251] SPEAKER_09: Thank you. I did not prepare any statement, but I hope that's okay.

[4256] Ray Rodriguez: I hope you know that you're not gonna get paid any more money for this.

[4264] Elisa Martinez: Okay and the next item is setting the regular meeting dates for the board. Is this something that I needed to speak to or is this something that you were going to speak to Superintendent Triplett?

[4281] SPEAKER_09: If you could speak to it that'd be great.

[4283] Elisa Martinez: So, and I will ask Ms. Gutierrez to weigh in as well as she attempts to help organize us. I think historically, we only schedule meetings, we don't schedule the calendar out through the school year, if you will. So this has historically made some difficult for some of the, sorry, schools to plan their calendar. in this particular item, the recommendation is that we're actually setting the dates for the school year 2021. Is that correct? Did I say it correctly, Ms. Gutierrez? That is correct. So that is the recommended action. And with that, may I have a motion and a second to open discussion on this item?

[4344] SPEAKER_24: I move. Thank you, Member Nguyen. May I have a second?

[4353] Bowen Zhang: I second it.

[4355] Elisa Martinez: Thank you, Member Zhang. Any questions or comments about this particular item? We are, again, and if you look at the The dates, they're all consistent with the Thursdays, every other Thursday, and the schedule is attached below with every other session being the second meeting of the month, I'm sorry, being a planned study session at this point.

[4397] Ray Rodriguez: We used to have, on Tuesdays, until a certain board member, when she got on, wanted to change it. Just wanted to put that in there.

[4405] Elisa Martinez: A certain board member requested. And actually, I did want to point that out, because in the verbiage, it does say that in our governance handbook. And actually, we haven't modified in the governance handbook. And this is one of the items that will come up later in the agenda. We are behind in making some of those modifications. but the board did take action to approve the meetings to be held on Thursdays. Okay.

[4432] Ray Rodriguez: We'd love accommodating new board members.

[4437] Elisa Martinez: Um, so with that, um, the, uh, motion on the table is to approve the dates included in the body of the agenda as the, uh, the regular, um, meetings scheduled out through these calendar year 2021. And, um, Ms. Gutierrez, can you repeat the motion, please?

[4458] SPEAKER_22: Motion by Member Nguyen, second by Member Jean.

[4463] Elisa Martinez: Okay. How do you vote, Member Nguyen?

[4467] SPEAKER_24: Yes. Member Rodriguez?

[4470] Ray Rodriguez: Yes.

[4471] SPEAKER_24: Member Jean?

[4476] Elisa Martinez: Is that a yes, Member Jean? You're on mute.

[4480] Bowen Zhang: Yes.

[4482] Elisa Martinez: And my vote is a yes as well. So motion carries and the regular meetings dates are approved. Thank you. Okay, the next item is 6.3, which is board committees and assignments. And I'm sorry if you see me kind of go back, well, you can't see my screens, but if I'm taking a little bit of extra time, I'm having to go, I only have one monitor today. And so this particular item, this first item is just discussion, just to clarify why we're having to take action to assign a couple of, or assign members to a couple of particular committees. So there are two attachments to the agenda. One was the original board members that were approved to each of the committees. In particular, the ones that we wanted to discuss today were the city liaison committee, as well as the governance handbook, just given that, you know, Ms. Gutierrez was a representative prior to her resignation on these two critical, well, all of them are important, but we do have specific meetings and specific deliverables that we need to get through for these two particular, particular committees. So that is the discussion. I wanted to make sure that folks had, the board had a chance to ask questions, to clarify any questions on these particular committees that we're discussing.

[4590] Bowen Zhang: I guess on the member makeup of the city liaisons committee, The correct format is two regular member plus one alternate member, not one regular member plus one alternate member. Correct. So we will still need to have two regular member plus one alternate member for the liaison committee.

[4612] Elisa Martinez: Correct. And and Miss Gutierrez, I know that there was some confusion about this one, so can you just kind of refresh our memory before we go on to the next item where we will take action?

[4624] SPEAKER_22: Yes, definitely. So Just as Member Zhang had mentioned, in the December 5th meeting, Member Gutierrez at the time, myself and Member... I was voted as the representative and Member Nguyen was voted as the alternate. However, this committee does require two representatives, so both Member Nguyen and myself attended all the meetings. But because we voted at that time, December 5th, that way we didn't assign a third alternate. So in this situation where I was no longer on the board, member Nguyen was actually the only voted alternate and therefore a second representative. And in this case, to cover all bases, an alternate will be need to voted.

[4686] Elisa Martinez: All right, so this one, this particular item was purely just discussion to review. Any other questions on this one before we move on to the next item that will require action? Okay.

[4703] Phuong Nguyen: I'm okay.

[4705] Elisa Martinez: So with that, we move then to item 6.4, where we will need to, the recommended action is that we appoint a board representative to the City of Newark and NUSD liaison committee. May I have a motion and a second to open discussion on this item?

[4729] SPEAKER_27: I move.

[4731] Bowen Zhang: Second.

[4732] SPEAKER_24: Thank you. Member Nguyen moves.

[4734] Elisa Martinez: Member Jeong seconds. So, so Member Nguyen, my assumption is you're the alternate that you are interested in being a primary representative of the City Liaison Committee? Yes. And Member Zhang, and of course, you know, let either of you, and Member Rodriguez, But I believe member Zhang, you were interested in this committee. I think you were on it at one point and kind of and came off of it. Right. So are you is that something you're interested in?

[4772] Bowen Zhang: Yes. So the so the interesting thing is last month, right after the members resignation, I was put into that. liaison meeting asking because they said I was even at that point and probably still are the alternate member. So that tells me actually before member Gutierrez resignation for that liaison committee, there were two regular members plus one alternate member. Because if there's just one regular member, one alternate member, then how did I suddenly become the alternate member?

[4802] Elisa Martinez: Yeah, I think that's the one that had some confusion with that enhanced member or member Ms. Gutierrez going back and reviewing some of the meetings. So maybe there was another discussion at one point. So this hopefully will get everything in order, documented, so there's no more confusion. So member Zhang, you are interested in being on that committee?

[4828] Bowen Zhang: The regular member.

[4829] Elisa Martinez: Yes, the regular member. Okay. So I will ask Member Rodriguez if he is interested in becoming the alternate for the City Liaison Committee. If not, I will take the alternate. But I will ask you first if you're interested.

[4848] Ray Rodriguez: If you wanted, that's fine. But the history is we've had two and an alternate. And when I exited, and Member Gutierrez and then Member of Bowen came on. And then, so now we're moving forward, which is great. This is an excellent committee and it's a opportunity for us to interact with the city and enrich that partnership. So I'll take the alternate, but if you want it, then I'm fine with that too.

[4883] Elisa Martinez: I always want to give you first choice, Ray. So I'll have you be the alternate. or we'll, if that's, if you are interested, then I absolutely acquiesce. Okay? Okay. All right. So, so I think then, then, then after, after discussion, the motion will be, let me get the verbiage here, right? The recommended action again is, is the appointment of the board representative. So the, the action would be, to appoint Member Nguyen and Member Zhang as the two representatives to the City Liaison Committee, and with Member Rodriguez being the alternate. So that would be the motion. So let me ask you, sorry, and maybe I now cause confusion here, Ms. Gutierrez, what I would have to amend the motion, given that the motion that was made for discussion was the appointment of the committee, right? So would this be an amended motion?

[4961] SPEAKER_22: No, it still stays the same, because if you look at the committee board, it has the two slots that need to be filled. So if I'm just rephrasing your motion right now, the motion is to appoint member

[4976] Elisa Martinez: uh win and member zhong as representatives and member rodriguez as the alternate so it still it stays it's fine thank you and with that i will ask for a vote uh member uh win how do you vote yes member rodriguez yes member zhong yes and my vote is yes as well so the um The motion carries, and member Nguyen, member Zhang, you are the representatives, and member Rodriguez is the alternate for the Seattle Liaison Committee.

[5011] Ray Rodriguez: Can I ask something before you move on? Yes, sir. Are we the chair right now, Ms. Gutierrez? The city is, right?

[5021] SPEAKER_22: That is correct. Ms. Susie Cuyaso is currently chair.

[5023] Ray Rodriguez: OK, got it. Thank you.

[5027] Elisa Martinez: Thank you. OK, next item. more organization here is the other committee is the Governance Handbook Committee. So Ms. Gutierrez was the second representative beside myself. So we need one additional board member. And we did not have an alternate on this one. So we may want to as well appoint an alternate as well. Is anybody wanting to be on this committee with me?

[5070] Bowen Zhang: So I think this is speaking of the board governance handbook and protocol. It might be fitting just by convention, the president and the vice president serve on the committee, and we appoint a third alternate member. And just want to clarify, this is an ad hoc committee, not bounded by the Bronx. So we don't really have regular scheduled meeting.

[5094] Elisa Martinez: Correct. Correct. Thank you for that clarification. So member Zhang would like to be the representative. Anybody is interested in being the alternate?

[5114] SPEAKER_24: I'll be the alternate members member when. Okay.

[5118] Phuong Nguyen: But we're actually going to put members on to work on this.

[5125] Elisa Martinez: Now, this is actually absolutely, again, all of all of the committees are important. But we know we, we've kept obviously a lot of new faces on our team. And, and we've made some some changes to just how we hold the meetings, the structure of the agenda, and again, how we engage with each other. And so this is, there are some modifications that need to be made. In fact, in our Governor's Handbook, we should be modifying this every year, and it's been some years. In fact, if you look at the header, It's I think it's none of our names are on there. Well, Member Rodriguez is. But Member Nguyen, Member Zhang, Member myself, we still have not had occasion to make the modifications. So, okay. So with that, the motion would be that we appoint Member Zhang as the second representative to the Governance Handbook Committee and Member Nguyen as the alternate. May I have a motion and a second?

[5200] SPEAKER_27: I move that we approve the motion.

[5204] Ray Rodriguez: I second.

[5208] SPEAKER_24: OK.

[5209] Elisa Martinez: Member Nguyen moves. Member Rodriguez seconds. And may I have, I will call for a vote. Member Nguyen?

[5223] Phuong Nguyen: Does Ms. Gutierrez have to repeat the motion?

[5226] Elisa Martinez: Sorry, yes, sorry, member. One of these days I will not call you member Gutierrez, Ms. Gutierrez.

[5236] SPEAKER_22: Yes, so this motion is to assign the representatives for the governance handbook and Ms. Member Martinez will continue to stay As a representative, member Zhang will be the second representative and member Nguyen will be the alternate.

[5258] Elisa Martinez: Very good. Thank you so much. Much more thorough. And with that, I will call for a vote. Member Nguyen? Yes.

[5267] SPEAKER_24: Member Rodriguez?

[5269] Ray Rodriguez: Yes.

[5270] SPEAKER_24: Member Zhang?

[5272] Bowen Zhang: Yes.

[5273] Elisa Martinez: And my vote is yes as well. So motion carries. And member Zhang is the representative, along with myself, to the governance handbook. And the alternate will be member Nguyen. Thank you very much.

[5290] Ray Rodriguez: OK. This is my doggie Chase. He's a rescue dog.

[5296] Elisa Martinez: My little dog just kind of ran up to me.

[5299] Ray Rodriguez: Love doggies.

[5301] Elisa Martinez: OK, the next item is board appointment. And I know we have a speaker here, but before we'll go in here, we'll follow the process here. So item 7.1 is the determination of the process to fill the board vacancy left when member Gutierrez resigned on July 14th. So with this, I would entertain a motion to open discussion and approve a process for filling the vacancy, and then we will hear public comment.

[5347] SPEAKER_27: I move that we open for discussion.

[5349] Ray Rodriguez: Second.

[5351] Elisa Martinez: Thank you. And with that, I believe it is Ms. Parks that submitted a request to speak.

[5367] Cindy Parks: Yes, thank you, board. The purpose of this item is to determine the process special election or appointment will be used to fill the vacancy on the board caused by Ms. Gutierrez's departure. Clearly a special election isn't on the table due to the timeline and the fiscal impact being listed as no on your agenda. Since it appears you will need to appoint, I would like to mention many years ago, the city council needed to replace a city council member. At the time, the council chose to insert a caveat into the process stating they only wanted people to apply who were not going to run. They felt it was important not to give anyone the incumbent status. I hope you will heed their wisdom and include that caveat in your search slash appointment. Thank you.

[5418] Elisa Martinez: Thank you, Miss Parks, we've done quite a bit of research on this one, actually, and I actually wanted to share some comments, let's see. I'm sorry, it's not some comments, but some information, so on this particular item, as we as we open I think I'll share some information and if the board permits, and of course we'll let everyone weigh in. But there, if we look at our bylaws, if we look at ed code, it does stipulate that when a board member resigns, we have 60 days to fill that vacancy either by appointment or by special election. There is some verbiage around if the seat has over four months that are left in the term, then we must appoint. And there was some concern certainly from the community and of course on our end, or I'll speak for myself, in terms of when we appoint, you know, what's the implication to the elections. We know that there are four seats are open on this board come November. And we want to be very, you know, as fair as possible to the process. So there was some questions about, you know, can we hold the seat open? And if we do hold the seat open, can it get rolled in to the general election without us requiring a special election? Because special election brings with it a pretty hefty price tag. So that's quite a bit of the work that we've been doing, just reading through, again, our bylaws and Ed Code. I had occasion to meet, and I did share an informational email with the board. I had occasion to meet with the Alameda County Office of Education, spoke to Superintendent Monroe, as well as her policy folks. And the language itself is clear, that because there was at least four months left from the time of resignation of Ms. Gutierrez's resignation to the end of the term, not to when the election is held, but to the end of the term, which is the first week in December when the new board member takes their seat. That's the official end of term. And so that takes us over the four months. So we would follow, by definition, the language would put us in this space of a special election. The superintendent and her staff did reach out to legal counsel, and the only way, and this is for discussion because I think we still have to make this decision, that we may keep the seat open if the superintendent prepares a resolution that allows us to do that with the intent that that seat, first and foremost, is up for election, which it is, the one that Ms. Gutierrez held, and that then that particular seat would be rolled into the general election. But the only way for that to happen is if our county superintendent takes action. So that is a possibility for us to have if we as a board choose to have to leave the seat open. Again, that's kind of the backdrop. I hope that it's, there's a lot of little details, a lot of ed code that's cited, but I wanted to kind of give the gist of it. And before, you know, I go ahead and weigh in on my comments, I just wanted to hear, you know, from the rest of the board members, how you're, were there any questions with regards to the information that I sent over? Or was it clear?

[5691] Phuong Nguyen: It was pretty clear, and I'm okay with us holding the seat vacant and having the superintendent prepare the resolution for that.

[5705] SPEAKER_24: Okay. Member Jeon?

[5710] Bowen Zhang: Yeah, I mean, given the election filing deadline is tomorrow, and if If Member Rodriguez is not filing for another term, the deadline gets extended to next Wednesday. So I don't think, I mean, even if somebody wants to apply for appointment, he wouldn't have to. I mean, in no way, shape, or form, he will be filing the paper before the deadline and had a valid destination as appointing incumbent. So I wouldn't think anybody will be interested in applying for appointment and just leave after five meetings. So just leave the seat open.

[5746] Elisa Martinez: member Rodriguez um since we're um since we have to appoint um because there's no way that we're gonna do it any other way come on so remember we actually don't have to i think that was the the the email that i sent over from the county is that that we may leave it open, it does require action from our county superintendent. And they would prepare that resolution to keep the seat open and roll it in.

[5785] Ray Rodriguez: Okay, I read what you sent me just before the meeting. Okay, so even though it's gonna be four and a half months instead of under four months, Alameda County superintendent can waive that. Is that what you're saying? Okay. So I would rather stay at four. That's my, that would be my explanation. I just thought that we had no choice.

[5815] Elisa Martinez: Right. And, and, um, and I sent it before the meeting because that's, you know, we, that's when we, when we got it and, and, you know, I really, um, I'm really grateful to, to superintendent, um, Monroe and her staff because they are dealing with so much, but since last week, we've been trying to connect and get clarity, but the language is a little fuzzy on when it's allowed to get rolled into an election or not. So that was part, they were doing the work of the work as well to try to make sure that we were in compliance. So yeah, so I too support, I think member Zhang, to your point, maybe there is someone out there that's willing to serve on a temporary basis. But as we think about it from a board perspective, and as we think about our personal experiences coming on, either elected or appointed, your learning curve is so extreme in the first few meetings. And I think as we have some important decisions to make, not sure that it would be fair to that individual to be able to come in and have that take on some pretty significant decisions without having really the experience or the training to be able to kind of weigh in. And again, it's our responsibility as well to make sure we keep a solid process. So I, too, am okay to leave the seat open until the election.

[5901] Ray Rodriguez: I have a question. Yes, sir. When is Superintendent Moreau going to send us formally a letter to that effect? Because, you know, it's, you get nervous.

[5912] Elisa Martinez: Absolutely. And in the in the email, excuse me, go down this path, which is I think we're going, I'm hearing is they are working to prepare a resolution slash, excuse me, slash order for our next regular meeting.

[5929] Ray Rodriguez: Thank you. Perfect.

[5934] Elisa Martinez: Okay, so let me go back to the agenda verbiage here. So You know, here, if we look at some of the verbiage, historically, given the language up until we got this direction from the county about an hour or two before we start the meeting, we were talking about appointment or election, right? So the motion would be then to, the decision that I'm hearing is that we would hold the seat open with the assumption that Superintendent Monroe will take action and provide a resolution that exempts us from calling a special meeting, and we will then hold the seat open. Okay. So may I have a motion and a second?

[5989] SPEAKER_22: I move. President, sorry, point of order. There was a motion made to open the discussion, but it was just made as a title, which is determined determination regarding the process to be filled. So since there really is no action, I don't know if we just want to withdraw that or just go ahead and make the new motion.

[6013] Elisa Martinez: So we are making the determination, right? We are making a determination. I think that's the actual action is pretty broad, right? It's the how are we going to fill it? Again, historically coming into the meeting, the assumption was given Ed code, right, that we would have to fill because of the timeline via either an appointment or a special election. With this development, I think we would have to then be descriptive of what the actual approved process will be. Is that, I believe that's what we would have to do, right? Which is the process that we will follow will be to secure the exemption from requiring a special election from the county superintendent.

[6072] Ray Rodriguez: I think that's the closest to- Do we actually have to make a motion on this or do we just decide not to vote? I mean, not to proceed with the appointment and then it goes to the superintendent and then she'll send us the resolution.

[6088] Elisa Martinez: Good. That might, that might be the neat. I mean, if you think about the language, that's probably, then we, in essence are allowing the clock to expire. Right.

[6100] Ray Rodriguez: So, so good to what September 14th.

[6105] Elisa Martinez: I'm sorry.

[6106] Ray Rodriguez: The 60 days is September the 13th, I think.

[6109] Elisa Martinez: Yes, September. That is when the clock expires. We would hope to have the exemption resolution for our next regular meeting, right? Right, that's perfect. So coming back to your question, though, Member Rodriguez, and I apologize as we try to figure out the right language, we just want to make sure we get this right, would be that we would

[6141] SPEAKER_22: If I may. Motion. If I may, President Martinez, yes, withdraw. It's recommended that you withdraw the motion because member when and member Rodriguez did make a motion to. But in this case, you could just withdraw the motion and move this agenda item to the next meeting. So there is there will be no action taken. And in the next meeting, hopefully by then you can have a resolution from the Alameda County.

[6171] Ray Rodriguez: I agree. I withdraw my second.

[6175] Phuong Nguyen: I withdraw my motion.

[6177] Elisa Martinez: Very good. Thank you for the guidance, Miss Gutierrez. And so this item will be tabled and brought back at the next regular meeting. I think that would be the appropriate language. Yes. So we'll table it to the next regular meeting.

[6202] SPEAKER_24: Thank you.

[6202] Elisa Martinez: Okay, where are we? Okay. Whew, that was a, trying to figure out language here. Thank you, and for everyone for your patience. The next item is item 8.1, public comment on non-agenda items. And I know we do have a couple speakers on this one as well. Ms. Gutierrez?

[6232] SPEAKER_22: Yes. First one is Ms. Parts.

[6241] Cindy Parks: Thank you. I know the district office has had many administrative changes recently. However, I'm a strong believer in adhering to the Brown Act. and continue to lobby for complete transparency. Monday night, when the agenda was posted, I reached out to board member Martinez, or president Martinez. I let her know the agenda reflected a 5 p.m. study session. However, the agenda did not list one. Within a few hours, the correction was made. A member of the community had reached out to me after the special meeting held on July 21, 2020. The individual mentioned the agenda was not posted at the district office doors, so they didn't know about the meeting until a day later. I took it upon myself to drive by the district office Monday night. The agenda was not posted. in a location that is freely accessible to members of the public, per the government code section 54954.2. And as of today, it's still not posted. In spite of many times I have brought Brown Act violations to the attention of the board, they still continue. I hope you will elevate the importance of adhering to the Brown Act with the staff. Since I do have a little bit more time. I'd also like to mention that with the activating of the YouTube and the zoom. For those of us that tried to log in at the six o'clock time there is a lag time. I know with the way the meetings were held before you would have a setup screen that would activate like five minutes before the mean because when we're trying to log in what we were getting was the July 9th town hall meeting playing. We could not see that the meeting for this evening is not posted yet and by the time it does post for us to gain access. You're already a little bit, you know, a couple minutes into the meeting. So I just wanted to bring that to your attention, working through all of the technology glitches that perhaps the setup a few minutes before allowing everybody to log in and be waiting in a waiting room or whatever, so that when you all come on, we're there with you and we can see the beginning of the meeting. Thank you very much.

[6374] Carina Plancarte: Thank you, Ms. Parks.

[6379] SPEAKER_22: There is a second. There's a second one. And this is Miss Julie Radcliffe.

[6391] SPEAKER_26: Good evening.

[6394] SPEAKER_24: Hello.

[6395] SPEAKER_26: Hi, Miss Radcliffe. Hi. Dear President Martinez and Board of Trustees, I have been disappointed the last 10 months over the lack of respect and dismissal of classified management. These virtual meetings and remote working conditions have allowed others to completely control the narrative, even if the facts were inaccurate. Actions and words have consequences to others. So when you're up on the dais, even if it's virtual, just because somebody wants you to do something on their behalf doesn't always mean it's the right thing to do or that it has to be done. Stop and think and ask yourself these questions. Why are we being asked to do something that has never been done before in the history of the district? What is the spirit behind the request? And what do you think is going to be gained by what they are asking you to do? Because I can tell you what was lost by what you were asked to do. So the next time somebody asks you to do something, can you think, is it true? Is it helpful? Is it inspiring? Is it necessary? Is it kind? But most of all, what are the ramifications to others by the actions that are being done? For one second, put yourself in their shoes. Just one second. You don't have to walk an entire mile. Thank you.

[6484] SPEAKER_24: Thank you, Ms.

[6484] Elisa Martinez: Radcliffe. And I believe that was only the second speaker. OK, and we have only two. Very good. And with that, we move to item nine, which is the superintendent report.

[6500] SPEAKER_09: Thank you, President Martinez. I'm going to share my screen for the superintendent report. Bear with me for one moment. There we go. So good evening, board members, staff, public. Mark Triplett, superintendent of Newark Unified. So I just wanted to share out the recent planning for our school fall reopening. And so I had a few slides I wanted to share with you and some information to share as well. So First, I just wanted to just remind everybody of what we have planned for this fall and the situation that we're in with the global pandemic. We are going to be starting the school year in distance learning. And then as conditions change and as it is safe to do so based on California state and county guidelines, then we will shift to a phase two hybrid model. Well, I'm really excited tonight to announce some news, and that is today we came to an agreement with our Newark Teachers Association and reached an MOU around starting the school year on the 13th. So I did want to just take a moment to appreciate NTA, our labor partners, as well as the team of district folks who spent a lot of time negotiating this agreement. And I feel really good, and I hope that NTA does as well, that this is an agreement that's going to be really, really good for students and families and staff alike. So just congratulating everybody for all of that hard work. So I wanted to give some details and just name that some of the details we have not been able to give out because they were related to the negotiations and so I'm glad and relieved that we can share more information now and as well that we plan on sharing Continuing to share additional information and details about how distance learning will look like next week, and also all of the different aspects of the start of school. So firstly, just wanted to name this really important point. The board did vote to approve the purchase of additional Chromebooks last, I believe it was last session, and we really appreciated that. Our goal, it continues to be that every student has access to online distance learning across all grade levels. And so starting actually in some cases starting tomorrow and then throughout next week we will be distributing Chromebooks and hotspots to families and students that need one. I wanted to just articulate a couple things that we've been doing. One is that a family survey was sent out last night To try to get a sense from all of our families, what is the need, given that conditions are constantly changing and family situations may be changing. We want to make sure that we are hearing from everybody, what is their need in terms of access. And so far, we've received, I believe, we're up to 1,400 responses from the survey, which is really terrific surveys in both English and Spanish. And so I just want to ask the public and ask families, if you haven't filled out the survey yet, please do. It helps to tell us what are the Chromebook and Hotspot needs that we can support with. Distribution will be happening of Chromebook books and hotspots where needed through August 10th through the 15th, and I'll speak a little bit more about that later. And then in addition, our IT team has been been working feverishly and incredibly hard and refurbishing our equipment, ordering additional equipment, and then also cataloging and tracking equipment. As you all know, in the spring when we distributed Chromebooks, we had not anticipated the need to do that. And so we did not really have a complete cataloging and tracking system because, of course, the idea was always that the Chromebooks would be for the classroom and be in class. So we are working really hard to create that sort of cataloging system. And then, of course, IT is going to continue to provide ongoing tech support for the use of Chromebooks from both staff and families and students throughout the year. I wanted to articulate then this is really for families that our commitment in USD about what we're really seeking to do this fall and distance learning. Number one, and is we are committed to a weekly communication. between teachers, students and parents. And that's every Monday families should expect a communication around the work for the week, the plan for the week for their child. Two is I'm really excited by the fact that this agreement, the MOU, is resulting in excuse me, an increased instructional time and more instructional time than we saw in the spring, both whole class and small group. We're also really committing to challenging rigorous assignments equivalent to the in-person learning. And unlike in the spring, where most districts were not able to provide grades and really wanted to be sensitive to the fact that students would be challenged, to be engaging in that distance learning. At this point, we're in a position where we really can go back to grades, even though we're distance learning, and accountability and support for all students, which includes consistent teacher feedback for students and parents around the progress of their child. And that's another thing we heard from families in the spring was really wanting to get more of a sense of how their children were doing in their progress. So we're really committed to that. And then lastly, we're really committed to professional development and support for our incredible teachers. This distance learning obviously is new for everyone, even though we started in the spring. There's so much to learn. It's such a different world. And so we're really deeply committed to continuing to learn from each other and support teachers to learn from each other and from other facilitators around how to be engaging in distance learning. I wanted to share with you what next week has in store for us. So as you all know, we're starting our first day on August 13th, that's Thursday, and so we'll have two days of school next week. But before that, We have three days of preparation and professional development. Teachers are returning. Other staff are returning or have already returned. So Monday, we're going to do a full district professional learning day where we'll actually be working with an organization called EdTech. And providing some really amazing trainings and workshops that have gotten a lot of positive feedback in the past around how to be teaching in in distance learning setting Tuesday will be school based professional learning. And then the principal, administration, teacher leaders will engage in that professional learning space. And then Wednesday is opportunity for teachers and staff to be really preparing and getting ready for the first day of school. As you can see on here that all throughout the week we'll have Chromebook distribution. It really encouraged families to communicate directly with their school to learn the specific hours when they could come in to either to receive a Chromebook or turn one in and get a different one if the Chromebook they have is not working properly. And then I broke down three different sections to describe a little bit more about what's happening next week. So for the high school, high schoolers and high school families should expect to receive their class schedules on Monday. And then Thursday and Friday, there's going to be an opportunity for those students and families to come to the school and actually pick up some more materials and resources for their classes. Of course, we're being very strict about social distancing and following all appropriate safety guidelines, but there will be an opportunity for families to come to the school in an organized way, and they'll receive more information about that to pick up their resources. For the junior high, they should expect to receive their class schedules on Tuesday. And then likewise, they're going to be able to come on Thursday and Friday to pick up more materials and supplies. And then lastly, for our elementary schools, they will receive their families will receive their teacher assignments on Monday. So teachers are going to be receiving this information at different times. But I really wanted to share out what families can expect in terms of receiving that information. Okay, so the other thing I think I jumped ahead a little bit. I know families have also been really eager to understand what is a day and a week going to look like in this distance learning setting. And so I wanted to share both elementary, junior high and high school, what a day will look like. And I'll go over this pretty quickly, but I just wanted to make sure that there was an opportunity for families to understand this. This is a student schedule, so different than a teacher schedule. This is the schedule that students will have. And this, in particular, is elementary school. And students and families can expect that, regardless of the elementary school they're at, that this will be the schedule. So Monday is going to be unique. As you can see on the left side, this is the morning time of Monday. And families can expect to receive a weekly schedule from their teachers. by 8.30 on Monday. So then they're preparing for the week. And then there'll be a morning meeting whole class on Monday morning from 9.30 to 10, 10, 10. And then after that, there'll be, this is the day of the week where teachers are actually gonna be doing, they're gonna have a minimum day so that they can do some more comprehensive professional learning, district or staff or school meetings, virtually of course. And then also a site or a cross district collaboration The rest of the week, as you can see, follows a different pattern. Same times, but different pattern. And that is Tuesday through Friday, students will have a whole class live online instruction in the morning. They'll get a break. And then they'll have four different instructional blocks that you can see there on the schedule. And then lastly, there'll be an opportunity in the afternoons for more whole class live online instruction. So that's the elementary schedule. I'm not going to go over all of this junior high schedule or high school schedule, but just wanted to touch on some of the main ideas. So you can see that Monday for the junior high is unique as well, and they will have each period Each of their periods will be very brief. They will also receive the weekly schedule right in the morning for the entire week, which includes what assignments they'll be responsible for. And then after 105, that's when there'll be an opportunity for students to do some asynchronous learning. So that might be videos that they work on, or they might be working on work that was assigned during one of their periods. And then in the late afternoon, that's when teachers will actually be doing professional development every Monday. And then you can see for the remainder of the week, the students should expect to have alternating days for their six periods. So Tuesday will be period one, three, and four. Wednesday periods two, four, and six, and then it'll return to that on Thursday and Friday. The afternoon is asynchronous work time, similar to what I described before, where there's opportunities for intervention support, teachers will hold office hours, and other individual meetings with students or families. And then lastly, the high school, very similar to the junior high, where Monday is unique and has all six periods, plus the A period for students who have A period. And then you'll see that from 8.30 to 3.30, students will be engaged first in their period classes, and then in the afternoon doing asynchronous work, similar to what I described before. So that is, let me stop sharing here. That is the information that we have to share tonight. We intend to share out more information about distance learning and a full plan within the next couple of days. And that plan has been developed with NTA. And now we really want to make sure now that we have come to an agreement, we want to make sure that we have a, a family-friendly plan, too, that we can communicate out that gives more specifics and details of distance learning. That's my report. Are there any questions or comments that I can answer?

[7355] Elisa Martinez: No, I just wanted to, I'll say that I just want to thank you. I know that, I know you mentioned that, you know, been working closely with the teachers and you know, I being a parent as well as a board member, you know, we're anxiously awaiting some of the information that you just shared. So, you know, I think to our parent groups out there and teachers who had a lot of anxiety out there, you know, more to come, but just, you know, know that we have to respect the process and very, very grateful to the entire team of teachers and leaders. teacher leaders and of course district staff for putting all this work in and really thinking and putting our kids at the center and coming up with what we hope is that best picture, right? So thank you so much, Superintendent Triplett and team and teachers for getting to this point so that we can get that clarity. So thank you very much.

[7419] Ray Rodriguez: Question? Superintendent? Why the difference between the elementary and secondary?

[7428] SPEAKER_09: Yeah, so there is actually a lot of consistency. And we were really thoughtful and intentional about that. And all of these, I want to say, were not just a part of negotiation, but we've had committees, even before negotiation officially started, committees of teachers and other leaders working on these. And so we really wanted to make sure that we did provide as much consistency across grade levels as possible. But there are some things that are developmentally more appropriate for certain grade levels, certain ages. And that's why you do see that the elementary has some different look to it. Some of it is around just developmentally what's appropriate for students at that age. And so, yeah, there are some modifications.

[7478] Ray Rodriguez: My next question is, with the partnership we have with NTA, with the teachers, was there a lot of contribution from the teachers in putting this together, or was it just something that we did?

[7492] SPEAKER_09: There really was. Um, so the Mr. Dala which has been facilitating committees throughout the summer at every different grade level and it's really involved. Teachers at at the different grade levels as well as as leaders so We definitely didn't want to make any sort of decisions unilaterally. And I think you've heard me say publicly before board in this setting, that we really didn't want to launch into any decisions in a unilateral way. This has to be collaborative and collaboration and negotiation can often be challenging and hard on everybody. But we really wanted to make sure that we did that and honoring the voice of those closest to the kids, closest to the classroom, and that's our teachers. Thank you for doing that.

[7542] Ray Rodriguez: Appreciate it. Thank you.

[7547] Phuong Nguyen: Yes, thank you for a collaborative effort on everyone's part. It is much appreciated and we look forward to seeing the family-friendly plan and also the extended plan that staff has come up with. Thank you.

[7566] Elisa Martinez: All right, well, thank you so much, Superintendent Triplett. Does that conclude your report?

[7573] Mark Triplett: Yes, thank you.

[7574] Elisa Martinez: Thank you. With that, we move to item 10, which is employee organizations. Ms. Gutierrez, do we have any comments from our employee organizations? Submit it. Sorry, you're on mute.

[7591] SPEAKER_22: I will have to apologize for this one. reach out. And I said, I apologize, just in getting used to the manual, I did not reach out to ask for comments from from any of the organizations.

[7608] Elisa Martinez: Okay. So we we do apologize for that to our employee organizations want to make sure and we'll reach out certainly after after today's meeting, make sure we have clarity as to the process so that folks know how to do that. So do apologize for that. Okay, thank you. All right, with that, we move to item 11, which is public hearings. The first one is item 11.1, public hearing on inter-fund borrowing. And this one is, sorry, it's a public hearing, so I must open a public hearing before we start any discussion. So opening a public hearing for item 11.1. And with that, I will ask Ms.dela Cruz before I, I believe we do have one, actually, no.

[7661] SPEAKER_22: Not for this one, the next one.

[7663] Elisa Martinez: Okay. All right, so Ms.dela Cruz, if you just want to just give a quick description, I know that we'll have another item coming up later in the agenda that requires action, but if you just want to give a quick description of this one, or this for the public hearing purpose.

[7679] Marie dela Cruz: Yes, thank you, President Martinez. So normally, we would not be holding a public hearing for inter-fund borrowing, but because the state has allowed some flexibility in our ability to borrow in between funds in excess of 75%, the state has increased it to 85%. For this year and next year, we are required to hold a public hearing for that reason. So this allows us to borrow cash from our other funds because there will be deferrals in the way the state will be giving us our funding for this year and next year.

[7727] Elisa Martinez: Very good. Thank you. Thank you for that description. We did not receive any requests to speak on this particular item. And again, to the board, we do have this item coming up for action. You're welcome to, if there's any questions now, or we can go ahead and close this public hearing and have additional discussion when we get to action. Any comments or questions from the board? Okay, so with that, we close the public hearing on inter-fund borrowing. And we move to item 11.2, which is opening, I open the public hearing on developer fee increase. And I know we do have a request to speak on this one. From Ms. Julie Radcliffe.

[7782] SPEAKER_26: Good evening. Dear President Martinez and Board of Trustees, since we are currently in a state of a national pandemic and many businesses are being forced to close their doors permanently, has anyone stopped to think that raising these fees would discourage people from wanting to come to Newark? How does raising fees during a national crisis make sense to anyone? People are losing jobs, businesses are closing. An example would be, even though they are in Fremont, after more than 60 years, Cloverleaf Bowl was forced to close their doors. Does a proposition like this make sense at this time? I'm just afraid it will drive people away. Thank you.

[7823] Elisa Martinez: Thank you, Ms. Rafferty. Ms. Delacruz, again, this particular item will have an item further down in the agenda that will require action. Is there just a quick description from a public hearing perspective that you'd like to give us?

[7841] Marie dela Cruz: Yes. So every two years, the state increases the developer fees to align with inflation and facilities costs. we are required to have a public hearing whenever we increase our developer fees. So this fee is applied to any new development, which could include housing development or even residences that have additions after a certain amount of square footage. So this is required as part of our increase.

[7886] Elisa Martinez: Thank you. And with that, unless there's any questions or comments from the board, I will go ahead and close the public hearing on developer fees. Again, this item will come up further in the agenda for action. Thank you very much, Ms.dela Cruz. And the next item is item 12, old business. 12.1 flooring a project at newark memorial high um the recommended uh, let's see Sorry the recommended action is um to approve Approval to proceed with the award of california multiple award schedule cmas agreement with jb jordan and associates for the newark memorial high school flooring project not to exceed $466,145 as presented. That is the recommended action. May I have a motion and a second to open discussion?

[7959] SPEAKER_27: I move.

[7961] SPEAKER_24: Thank you, Member Nguyen. I have a second.

[7967] Elisa Martinez: I will give a second. Okay um so let's see we do not have a speaker on this particular right so um will I have you Ms.dela Cruz speak to this or Superintendent Triplett?

[7987] SPEAKER_09: I can start, President Martinez, and then Ms. Dela Cruz, please chime in. I will say in one of my first days here in Newark Unified, I had the opportunity to go to the high school, and it just happened to be the day when the facilities department and some of the people responsible for this flooring proposal were there. So I did get to, I got the full, The full pitch around this flooring and I also got to see where there's a need for flooring and and two things. One is there's, in my opinion, clearly a need for this and we've actually heard from Even student leadership that this is a priority. And then two, I will say is that the technology around the new kind of flooring that they now have has changed a lot since when I was a principal. And as I was quite impressed, and I actually think if the board chooses to do so, I think it can provide a really nice change, attractive, nice change to the facility. Ms. Dela Cruz, did you wanna add anything?

[8067] Marie dela Cruz: Oh, I'm already unmuted, sorry. Yes, I just want to just refer back to when this first came to the board and there was no action taken. And since then, we did reprioritize and the board approved the priority projects for the bond. So I just want to remind the board that this is aligned with the bond projects that was approved back in February. I mean, I did also invite our project manager in case you have any further questions, any detailed questions in particular about this project. President Martinez, I think you're muted. Yes.

[8120] Elisa Martinez: So thank you for that, Ms. Delacruz. And you did provide quite a few attachments for our review, so appreciate that. But I will open it up to the rest, to the board members before I ask.

[8135] SPEAKER_22: President Martinez? I just wanted to point, like Ms. Delacruz said, that the project manager is on waiting. So if you requested we could transfer him.

[8147] Elisa Martinez: Sure, let's go ahead and make them active in case there's some questions that come up from the board.

[8151] SPEAKER_22: Absolutely. So David, if you could make Ralph active, please.

[8162] Elisa Martinez: Hi there, Mr. Caputo. Caputo?

[8165] Michael Milliken: Good evening, President Martinez, trustees, Dr. Triplett.

[8174] Elisa Martinez: Yeah, and I was just opening up this item for discussion from the board. So just curious if any of the board members have any questions either for Ms.dela Cruz or Mr. Caputo regarding the items attached.

[8194] Ray Rodriguez: I'd just like to thank everyone. This is way overdue and it's nice when we can finally take action on something that we've been talking about for a long time.

[8209] Elisa Martinez: Agree. Um, any other questions or comments? I, um, I wanted to also thank everyone. Um, and, um, for, for, I think just really thorough work in terms of the, um, how you're thinking about the prioritization of the areas to go after. One of the critical areas or critical documents, I'm sorry that you attached, was the Measure G set of priorities. I wanted to make sure we have that continuity, right? This isn't falling out from left field. This is something we've been discussing to Member Rodriguez's point probably way before many of us were on the board. It's been kind of tabled for a while, so great to see the level of work here to give us a real sense of what this is going to look like and the timing of it. So just also wanted to thank you, and I, too, believe it's way overdue. Any questions?

[8276] Phuong Nguyen: No, I'm also in agreement with both your statements. OK.

[8283] Elisa Martinez: All right. So I think Mr. Kudo is off the hook. So if there's no further discussion, I will ask Ms. Gutierrez to repeat the motion on the table, please.

[8304] SPEAKER_22: The motion is to. Oh, sorry. OK, the motion is to is for The flooring project that the Newark Morrow High School motion made by member when and second by President Martinez.

[8323] Elisa Martinez: Thank you. And with that, I will ask for a vote. Member Rodriguez.

[8330] Ray Rodriguez: Yes.

[8332] SPEAKER_24: Member Wind. Yes. Member Zhang.

[8337] Bowen Zhang: Yes.

[8338] Elisa Martinez: and my vote is yes as well. So the motion carries and we approve, sorry, we accept the staff recommendation and approve the contract. Thank you very much.

[8353] Julienne Sumodobila: Thank you.

[8353] Elisa Martinez: Okay, item, sorry, section 13, new business item 13.1, which is the CSBA Delegate Assembly runoff elections. We do need to take action on this item. It does require us to select up to three delegate candidates. We do have a sample of the ballot that was attached to the agenda, and we do have only two names on the list, okay? And that is Nielisa Bonta from Alameda, and white and white from livermore sorry that's my daddy so um the motion would be to um to identify uh the three delegates up to three delegate candidates so in this case to in the spirit of not making a couple of different motions i would recommend that um that the motion be to select the two uh candidates, the two delegates included in the ballot.

[8432] Bowen Zhang: So I hope that we vote for both candidates in the ballot.

[8437] Elisa Martinez: Thank you. I have a second.

[8440] Ray Rodriguez: I second. I have a question.

[8442] SPEAKER_24: Sure, sir.

[8443] Ray Rodriguez: They're asking for three. So, you know, prior board members have, you know, always, we've always had at least one that, you know, was very involved in it. So because we have the three of you as newer board members, a question is, does anyone of you would like to put their name on there? Interesting. You know, they recognize who, who we are at some point, not that you'll be voted in, you know, because who knows?

[8476] Elisa Martinez: Hey, we'll write our name in there. We could do a write-in actually. Great guidance. I'm not, I wasn't aware of that. Mm hmm.

[8488] SPEAKER_22: I'm looking at the instructions just based on the ballot, I don't see any instructions regarding the writing, so I would just go on on your guidance, President Martinez, or the guidance of our historian member Rodriguez.

[8506] Elisa Martinez: Yes, I would defer to Member Rodriguez. I frankly, I don't know what the rule is about a write in on a runoff ballot.

[8517] Ray Rodriguez: So my understanding is that you can write somebody in because they are asking for three. So but. We have a big election coming up in November, maybe we should wait and do this next year. But I would like one of you, if you end up staying on the board, it's a good experience to be on the CSBA, their board.

[8550] Elisa Martinez: Yeah, I think it's been, so I appreciate the input. I think, you know, you're right. I think maybe, you know, once the dust settles, if you will, after the election, I think it would be great for Newark. previous board member I think was very actively involved and you know we'll be seasoned after two years on the board maybe it's time we get into this on CSBA so I think you'll enjoy it yeah okay so the motion on the table is to to approve the two names on the current ballot without a write-in correct okay very good All right, and with that, I will ask for a vote. Member Nguyen?

[8598] SPEAKER_24: Yes. Member Zhang?

[8601] Bowen Zhang: Yes.

[8602] Elisa Martinez: Member Rodriguez?

[8604] Ray Rodriguez: Yes.

[8605] Elisa Martinez: And my vote is yes as well. So the motion carries. Thank you. Okay, so the next several items are around some board policies and administrative regulations. Item 13.2, administrative regulation on the 1312.4 Williams Uniform Complaint Procedures. This is the first reading. And the staff recommends that the Board of Education approve as presented or move to bring back for a second reading with recommended revisions. May I have a motion and a second to open discussion?

[8654] SPEAKER_27: I move to open discussion.

[8658] Bowen Zhang: I second.

[8659] SPEAKER_24: Thank you, member Nguyen, member Zhang.

[8663] Elisa Martinez: And Ms. Saavedra, would you like to comment on this one before?

[8669] SPEAKER_16: Yes, as we're getting to a new year, the Williams Uniform Complaint procedures have been revised. So there is recommendation in the language that updates the procedures for how to file, I guess, a Williams complaint. So this recommendation is we have reviewed the language. And we're bringing it up to the board tonight for approval for for approval or first reading or approval that there are no changes Thank you any questions or comments from the board Um, I will ask a question.

[8717] Elisa Martinez: Um Miss Saavedra I know that many of these are here for first reading and we do have the option to to bring back um or is this one in particular time-sensitive and that's something we should consider?

[8730] SPEAKER_16: Yes, as I shared with the board the last time, we are in the midst of an audit through FPM, a federal programs audit, and a lot of these were identified as areas that needed to be updated and therefore are of sensitive matter. Okay.

[8750] SPEAKER_24: Very good. Okay.

[8755] Elisa Martinez: I personally don't know. I'll ask the rest of the board if they had any questions or any concerns with the material in the attached document to the administrative regulation. Any questions? Any issues that were identified?

[8779] Phuong Nguyen: I don't have any.

[8783] Elisa Martinez: So, again, the motion is to approve as presented or bring back for a second reading. If there are no questions, would we be able to go ahead, and I'll at least seek your guidance here, Ms. Gutierrez, would we amend the motion then to go ahead and approve after first reading?

[8808] SPEAKER_22: Yes, that is correct. So your motion would just be to approve the regulation 13.12.4 as is presented.

[8818] Elisa Martinez: Okay, so that would be member Nguyen would have to, she made the motion, she'd have to amend the motion.

[8827] Phuong Nguyen: Okay, yes. I would like to amend the motion 13.1, 13.2 administrative regulations I'm 13 12.4 Williams Uniform Complaint Procedure. I would like to move that we approve as is.

[8844] SPEAKER_24: Thank you. May I have a second?

[8846] SPEAKER_26: Seconded.

[8848] SPEAKER_24: Member Zhang, seconds.

[8850] Elisa Martinez: Very good. And I'll ask for a vote. Member Rodriguez?

[8854] Ray Rodriguez: Yes.

[8855] SPEAKER_24: Member Zhang? Yes. Member Nguyen?

[8859] Elisa Martinez: Yes. And my vote is yes as well. So the motion carries and the we approve staff recommendation on 13.2. Thank you. The next item is 13.3, board policy 4030, non-discrimination and employment. Again, staff recommends that we approve as presented or move back for a second reading. May I have a motion and a second to open discussion?

[8887] Phuong Nguyen: I move that we approve 13.3, board policy 4030, non-discrimination and employment, first reading as is.

[8895] Ray Rodriguez: Second.

[8897] Phuong Nguyen: Very good.

[8900] Elisa Martinez: Any questions or comment from the board on this particular item? Nor do I. So Ms. Gutierrez, can you please repeat the motion?

[8913] SPEAKER_22: Yes, this motion was made by member Nguyen, which staff recommends the Board of Education approve as presented The board policy 4030.

[8928] Elisa Martinez: Yes, thank you. And who's second? Who was the second on that one?

[8932] SPEAKER_22: I'm sorry. Second by Mr. Mr. Rodriguez.

[8938] Elisa Martinez: Very good. Thank you. And with that, I will ask for a vote, please. Member Zhang?

[8945] Bowen Zhang: Yes.

[8946] SPEAKER_24: Member Nguyen? Yes. Member Rodriguez?

[8950] Ray Rodriguez: Yes.

[8951] Elisa Martinez: My vote is a yes as well. So staff recommendation, the motion passes and we accept staff recommendation to approve the policy as presented. Okay, item 13.4, administrative regulation 4032, reasonable accommodation. Staff recommends the Board of Education approve as presented or move to bring back for a second reading with recommended revisions. May I have a motion and a second to open discussion?

[8982] Phuong Nguyen: I move to approve 13.3 to approve staff recommendation on, oh, sorry, 13.4, right? We're on 13.4. 13.4, yeah. I am so sorry. No, it's OK. I move that we approve 13.4 administrative regulation 4032 reasonable accommodation as is. Okay.

[9010] Ray Rodriguez: Second.

[9010] Elisa Martinez: Okay. Thank you. Any questions or comments, any revisions? Okay. Neither do I. And so with that, Ms. Gutierrez, the motion.

[9027] SPEAKER_22: Motion is made by Member Nguyen to approve Administrative Regulation 4032, reasonable accommodation as is. And second by Member Rodriguez.

[9040] Elisa Martinez: Okay, very good. Member Nguyen, how do you vote?

[9045] SPEAKER_24: Yeah. Member Zhang?

[9047] Bowen Zhang: Yes.

[9048] Elisa Martinez: Member Rodriguez?

[9049] Ray Rodriguez: Yes.

[9051] Elisa Martinez: My vote is a yes as well, so the motion carries. Thank you. All right, item 13.5 was pulled, so we move to item 13.6, board policy 4113.5, working remotely, first reading. Sorry, this is the staff recommends the board approve. There's quite a bit of these. I'm losing my place here. Staff recommends the board approve as presented or move to bring back for a second reading. And this, again, is the 4113.5 working remotely. I have a motion and a second.

[9094] Bowen Zhang: I move that we bring for policy 4113.5 working remotely back for a second reading with revision.

[9104] SPEAKER_24: OK.

[9106] Elisa Martinez: May I have a second? I second. Okay, very good and we'll open it for discussion. Are there some particular edits or revisions that are required?

[9120] Bowen Zhang: Yes, I sent the superintendent earlier an email regarding one of the working remotely items when it comes to district providing internet access for employees. So yeah, so it's on the second page The district shall provide employees who work remotely or supplies materials, apparatus and equipment reasonably necessary to perform their jobs, including as necessary a technology device and internet access. So my question is this, what does this providing internet access really mean?

[9160] SPEAKER_16: In some cases, as we have experienced due to COVID-19, there have been some employees working remotely. who didn't have access to internet at home. So as you remember, the board approved to purchase hotspots during the spring. So for those members who are in need of the service, we have provided hotspots. It's not a usual ask, but we meet with the members and we accommodate what's needed in order for them to complete their work remotely.

[9203] Phuong Nguyen: Okay. I mean, it does say including as necessary, but I would rather see those hotspots go to students who are not able to use them. Teachers are getting a salary. They are able to, you know, sign up for a hotspot through Verizon. Or, you know, we can also give them or or we can sign up for one for them, but I don't know, you guys would have to work out the details in terms of how they can reimburse the district back for that.

[9242] SPEAKER_16: And this doesn't just necessarily include teachers. We also have classified employees who have worked remotely or are working remotely.

[9253] Phuong Nguyen: I understand that, but they do get a salary and there are students who are not able to, there are families out there who are not able to provide internet access for themselves. I would like to see that those internet access capabilities go to the students and their families as a priority over our teachers who are able to make those accommodations or to our CSCA members or classified members. They are getting a salary from the district. So therefore they are able to provide internet access for themselves. If they don't know how to purchase a hotspot, I'm more than happy to help guide them through that process.

[9301] Bowen Zhang: And another thing I want to raise on this remote policy is that I don't think we talk about the possibility that somebody working remotely out of California and the tax implication on the district. Because today, pretty much all the private sector that if you work remotely, there's this one caveat that everybody needs to respect is you don't move out of the state line. Because moving out of the state line will have huge tax implications on both the employer and employees. I don't know whether we're ready to deal with this, or we don't think there's anybody that will work out of state.

[9342] Phuong Nguyen: And not only that, the district is providing them the ability to work in their classroom which has internet access. So I am strongly in agreement with member Zhang that it needs to be modified the language there. Thank you.

[9364] Elisa Martinez: Yeah, I mean, it is wide open. Ms. Saavedra, I know it's broader population. I think that, and I'm not sure, I know that this is recommended language from CSBA. So I'd be curious to see if if, you know, if there is a hardship, you know, sort of language that can be added, but I, to member Wynn's point, you know, especially during distance learning, you know, kids aren't in, our students aren't in class. So, you know, we do have plenty of safe, what could be safe space for folks to work within our facilities and already, you know, we're already paying for this. So I think maybe it's the interpretation of providing the internet access doesn't necessarily mean we are going to give a hotspot. And I think what I'm hearing that the board, the direction is let's not incur additional costs, that we have facilities where folks can come and work because really the prioritization of any additional money spent should really come to our students and their families. So if we can find some verbiage where we clarify that. We do know, we also have to be cognizant of the fact that there are exceptions and that there will be a time where there is an employee for whatever reason that has some hardships and they can't come to campus. So we can't make it so closed that we can't facilitate if that is the course of their duty. So maybe just kind of thinking through that, doing a little bit of research and figuring out how we can do that. Yeah. Sure.

[9473] Bowen Zhang: And like I said, just another point, maybe we should probably consult with whatever the CSB or the county that when it comes to crossing state line, working remotely.

[9488] Elisa Martinez: Well, I would I would expect we would be aware of anybody crossing state line because, again, we have to be available for so. So thank you for the consideration. But I would hope that that's not an issue.

[9500] SPEAKER_16: Yes. Thank you for bringing that up. I don't believe we have any cases, but, you know, you'll you'll be surprised that once we start the research, we may be if we if we get there. But thank you for bringing that up. And I think, President Martinez, I think I just wanted to make sure that I know for a fact that our students are our first priority. So any hotspots that were purchased were with the intention to service the students first. So our students are at our most important.

[9532] Elisa Martinez: But again, we do have to be aware, again, that we do, if we are requiring our folks to work distance, that we need to make sure we're able to support them if some of them are encountering some difficult times as well. So I just want to make sure that we are not so rigid in our definition, perhaps.

[9560] SPEAKER_09: OK. Thank you, board members. So we'll take it back and rework it and also get a little counsel on it and then bring it back to you

[9572] Guadalupe Lopez: Thank you.

[9580] Elisa Martinez: OK, so this item will be brought back for a second reading. Thank you. Thank you very much for the discussion.

[9586] Bowen Zhang: So should we vote on that?

[9587] Nicole Pierce-Davis: Oh, we have to vote. Sorry, sorry. Point of order.

[9592] Ray Rodriguez: It's OK.

[9594] Elisa Martinez: Trying to move on, trying to move on.

[9595] Ray Rodriguez: Yeah, I think we need to bring it back.

[9600] Elisa Martinez: Ms. Gutierrez, thanks for keeping me honest, everyone. Can you please repeat the motion?

[9607] SPEAKER_22: Yes. The motion is that 13.6 is to bring back board policy 41, 13.5, working remotely for a second reading. Motion made by Member Zhang, second by Member Nguyen.

[9630] SPEAKER_24: Thank you. I will ask for a vote. Member Zhang, how do you vote? Yes. Member Nguyen?

[9637] SPEAKER_27: Yes.

[9638] Elisa Martinez: Member Rodriguez?

[9639] Ray Rodriguez: Yes.

[9641] Elisa Martinez: And my vote is yes as well. So we will bring this back for a second reading at our next meeting. Thank you. And thank you, staff. Item 13.7, which is staff recommends that we approve, let's see, approve board policy 419.11 sexual harassment, either as presented or moved to bring back to a second reading with any recommended revisions. May I have a motion and a second on this item to open discussion?

[9678] Ray Rodriguez: I so move.

[9682] SPEAKER_22: Okay. Do you have a point of order? Sorry. Go ahead.

[9687] Elisa Martinez: It says so member Rodriguez that there's the two options is to approve as presented or to move back to a set bring back for a second reading. Are you moving to approve as presented?

[9700] Ray Rodriguez: Yes.

[9703] Elisa Martinez: May I have a second? I second. Okay. On this particular I am board policy on sexual harassment are in Any questions or proposed revisions from the board? I do not have any questions nor recommended revisions. So with that, Ms. Gutierrez, can you please repeat the motion on the table, please?

[9740] SPEAKER_22: Yes, the motion is to approve board policy 4119.11 sexual harassment. And it's made by member Rodriguez and second by member Nguyen.

[9756] Elisa Martinez: Thank you. And member Zhang, how do you vote?

[9760] Bowen Zhang: Yes.

[9761] Elisa Martinez: Member Rodriguez?

[9765] Ray Rodriguez: Yes.

[9767] SPEAKER_24: Member Nguyen? Yes.

[9771] Elisa Martinez: My vote is yes as well. So the motion passes and we accept the board policy 4119.11, sexual harassment as is. Thank you. Next item is 13.8, board policy 5131.2, bullying. The staff recommends that the board accept and approve as presented or bring back to for a second reading with any recommended revisions. May I have a motion and a second to open for discussion? Make the motion. So the motion would be to accept as is or to bring back?

[9815] Ray Rodriguez: Accept as is.

[9816] SPEAKER_24: Thank you.

[9818] Elisa Martinez: May I have a second, please? I'll second. Member, who was in there first?

[9828] SPEAKER_24: Member Nguyen?

[9830] Elisa Martinez: Seconds, okay.

[9833] SPEAKER_22: Any questions or, remember President Martinez, there is a speaker on this item. Oh, I'm so sorry. Okay, okay.

[9843] Elisa Martinez: Ms. Ratcliffe. Yes, sorry about that, Ms. Ratcliffe. Go ahead, please.

[9852] SPEAKER_26: I don't have anything to say anymore, sorry.

[9855] Elisa Martinez: Okay, thank you. I will open it up for any questions or comments from the board members regarding any potential revisions or changes. OK. Seeing none, Ms. Gutierrez, can you please repeat the motion on the table?

[9880] SPEAKER_22: Motion is to approve board policy 5131.2, bullying as is. made by Member Rodriguez, seconded by Member Nguyen.

[9889] Elisa Martinez: Thank you very much.

[9891] SPEAKER_24: Member Zhang, how do you vote?

[9894] Bowen Zhang: Yes.

[9894] SPEAKER_24: Member Nguyen? Yes.

[9897] Elisa Martinez: Member Rodriguez?

[9899] Ray Rodriguez: Yes.

[9900] Elisa Martinez: And my vote is yes as well. So motion carries and we board approves board policy 5131.2 as presented. Thank you. Thank you. Item 13.9, resolution number 2020.21-001, developer fee increase. The staff recommends the adoption of such resolution, approving an increase to developer fees on new residential and commercial industrial construction. May I have a motion and a second to open discussion?

[9943] Ray Rodriguez: Move that we approve.

[9945] SPEAKER_24: Thank you.

[9948] Bowen Zhang: I seconded.

[9952] Elisa Martinez: Members young seconds, and we do have a speaker on this one. Correct. Okay. Thank you. Uh, parks. Miss Parks. Go ahead.

[9964] Cindy Parks: Good evening. Let me start off by saying I believe the district should get every penny they're entitled to. However, Can you honestly say Newark Unified is entitled to an increase the developer's fees when the district's capacity hasn't been impacted by students moving into the new developments? Since the district started collecting these fees, enrollment has dropped from about 6,200 students to around 5,600. Why does this document repetitively say the district will not be able to adequately house and serve the additional students generated by these new developments? When the district continues to see a decrease in student population. Let's not forget that you have a board appointed school consolidation committee that will be looking into recommending the closure of one or two schools to right size the district. How will these additional students projected from the new development impact or should I say increase the need for the district to create updated, adequate, appropriate classroom space and academic support facilities. The justification study states the district capacity is 9,461, and their five-year enrollment projections are only 6,441. In the demographic study produced by the same company, the five-year projection shows enrollment numbers of 5,789. I think this is a good time to mention This money is not to be used for regular maintenance, routine repairs, certain inspections, nor deferred maintenance as described in Education Code 17582. As stated in the annual report you approved in December, the fee is collected to finance the construction or reconstruction of school facilities necessary to reduce overcrowding caused by the development on which the fees were levied. Even though it is a small increase, let me ask you, Do you believe the students generated from the new developments have impacted the district as described in the resolution? And that supports the increase. Thank you.

[10093] Elisa Martinez: Sorry, thank you, Ms. Parks. Ms. Superintendent Triplett, will this be yourself or Ms. Dela Cruz speaking on this item?

[10109] SPEAKER_09: I think Ms. Dela Cruz, you could start if you'd like, and then I'm happy to chime in if necessary.

[10118] Marie dela Cruz: Thank you, Superintendent President Martinez. I did invite our consultant as well to be available and to speak on this item. This resolution is to approve an increase in our developer fee, which is what we normally do every two years and to review or provide a justification for it. So if anybody has any questions or if you would like Mr. Reynolds to speak further on any item related to this, he is available for that.

[10160] Elisa Martinez: Very good. I do have something, but I'll ask my fellow board members first. Does anybody have any questions for staff or Mr. Reynolds? OK. The only thing, as I hear some of the public comment and as I was reading, obviously, When you talk about developer fees, typically it's discussed in the context of growth, right? And making sure we can accommodate growth being brought on by new developments and whatnot. But maybe it's Mr. Reynolds, one of the areas that kind of I think stuck for me is page 10 in the report which is there is something around reconstruction and modernization. Because exactly, we've had a demographic study, which I think it serves its purpose for short-term planning. But as we really think about the definition of when buildings become eligible, if you will, for true reconstruction is, I think, over 20 years. And ours are way past that. So maybe if you could speak a little bit about this section around reconstruction modernization and why this is a justifiable reason and use of a developer fees.

[10247] SPEAKER_10: Yes, thank you very much for the opportunity to be here. And you said it very eloquently that describing the use of developer fees and there are two levels of fees a level one fee and a level two fee. And you are collecting what's referred to as the level one fee, which in addition to providing accommodations for students that are causing growth, they are also allowed to be used for what we call reconstruction or modernization or based on the attorney's interpretations to maintain the existing level of service is the quote that they use a lot. And so Not to be confused with deferred maintenance and routine maintenance, but modernization type projects include updating the facilities basically every 20, 25 years. Our analysis of the age of your facility shows that they are eligible for some updates and upgrades so that they will continue to be of service. Another way of looking at it is if there was not development in the district, you would be declining at a higher rate in enrollment terms. And therefore, if you're looking at closing schools, maybe you could close even more schools. But since we need to keep the schools open to house those students and keep even more schools open to accommodate students that you do receive from development, those schools will need to be upgraded and so that you can maintain your current level of service for those students. So again, and it's not, even though it is technically an increase in fees, it is a adjustment just for inflation. So over the last two years, the inflation's been about 7.6%. And so that is the amount of increase in these fees. And then in terms of the timing, increases were approved by the State Allocation Board in January, and so here the district is approving, is up to the district to approve these fees. Here we are in August, and the regulations state that the new fee cannot go into effect for 60 days, so these fees will not go into effect until October, assuming it is approved. And again, if there was a concern over the timing, you could extend that time to implement the fees at a later point instead of the 60 days if you felt that timing was bad because of the pandemic. Again, since the original approval was done by the state back in January, I think you've been very generous by finally bringing this to the board here. So with that, I'd be available to answer any additional questions.

[10434] Elisa Martinez: Thank you, Mr. Reynolds. Any additional questions from other board members?

[10442] Ray Rodriguez: I have something. From time to time, we've looked, investigated into going from one level to the other, and we've never been able to do that. So with the age of our buildings, and I realize projected growth is very little. We've had so many different studies and each one of them seems to be different. But I really think that we need to approve this and get what we can so that we have the money to do things.

[10479] SPEAKER_24: Thank you, Member Rodriguez.

[10484] Elisa Martinez: All right. If there are no other questions. Thank you, Mr. Reynolds. And I will ask Ms. Gutierrez to repeat the motion on the table, please.

[10499] SPEAKER_22: Yes, we are on 13.9 and the motion is the recommended action from staff is to adopt resolution number 2020.21-001, approving an increase in developer fees and new residential and commercial industrial instruction. Motion made by member Rodriguez and second by member Zong.

[10521] SPEAKER_24: Thank you very much.

[10523] Elisa Martinez: Member Nguyen, how do you vote? Yes.

[10529] SPEAKER_24: Member Rodriguez?

[10532] Ray Rodriguez: Yes.

[10533] Elisa Martinez: Member Zhang?

[10534] Ray Rodriguez: Yes.

[10535] Elisa Martinez: My vote is yes as well. So the motion carries and we approve resolution number 2020.21-001. Thank you so much. Thank you for the work, Ms. Delacruz and team. And of course, for Mr. Reynolds, I thought the report was great. So it was very, very easy to understand. So much appreciated. Okay, item 13.10, resolution number 2020.21-002, Interfund Borrowing. And the, are set here. The recommended action is that staff recommend the adoption of resolution number 2020.21-002, reading the wrong item, allowing temporary borrowing between funds, aka inter-fund borrowing. May I have a motion and a second, please, to open discussion?

[10600] Bowen Zhang: I move that we approve allowing temporary borrowing between funds. Thank you. Can I have a second?

[10608] Elisa Martinez: Number one seconds. Okay, and I will, Ms.dela Cruz, I think you gave us a quick synopsis there during the public hearing. Is there anything else you'd like to add on this one?

[10631] Marie dela Cruz: I muted myself. No, thank you.

[10635] Phuong Nguyen: Okay. I just, I just have one quick question. Miss Dela Cruz, on the Interfund borrowing, is it, are we able to borrow across restricted funds also, or is it limited to all the other ones except for restricted funds?

[10655] Marie dela Cruz: We are able to borrow from restricted, for example, Fund 25, the developer fees, that's considered restricted. There's also Fund 40, which is our special reserve for capital outlay, which is also considered restricted. We can borrow from that fund as well. The only fund that we cannot borrow from is the bond fund.

[10678] Bowen Zhang: And I guess approving the interim borrowing really is just an annual formality, right? I think we do this every year.

[10686] Marie dela Cruz: Yes, it is annual, but for this year and next year, they've increased our maximum from 75% to 85%.

[10700] Elisa Martinez: And Miss Ella Cruz, I know that, you know, we talk about, I think the description you talk about that, you know, we can borrow into the fund with the assumption that there's money coming back into that particular fund so that we're able to pay back to the lending fund, if you will, right? And so, you know, I guess my concern would be, you know, what controls we have in place to make sure that we are tracking and that we are truly, we'll call closing and tying the, Tying each each, uh Transaction and tying it off at the end of each fiscal year because I think that's a requirement, right? It's at the end of the fiscal year. You pay it off.

[10746] Marie dela Cruz: Correct the loan Yes, you have to pay it back in the same year that it was Borrowed the same fiscal year. So anything that we transfer This year needs to be paid back by june 30th 2021 so, um, yeah, and we do have a a system to monitor And any time that we receive our apportionment, our funding apportionment, let's say it was deferred from February to May, as soon as we receive that, then we're going to pay back whatever we borrowed in February.

[10787] Elisa Martinez: And the reason I asked the question about the process for tracking, this is, I think, prior to, again, certainly a couple of us being here, but there's the history of us borrowing from the Russian fund, right? And it was never paid back. And here we are, right? So how do we make sure that that doesn't happen again? So I as a board member, right? So as we're nearing the end of the school year, what would I be looking at to make sure that we in fact have tie the knot, if you will, and really closed off that that borrowing process or that repayment process?

[10833] Marie dela Cruz: Well, during our interim reports, we usually have to provide the county with any inner fund borrowing that we've done. So that could be something that we could incorporate into our reports to the board so that you see what what we present to the county. And it does include monitoring and reporting what we've borrowed between funds.

[10861] Elisa Martinez: Yes, I think that's really going to be really important as a condition, if you will, of this, just because of these deferments and how long they're going to be going on for. So there's going to be a lot of money movement happening. So that would be something that I would like to see, assuming the rest of the board members agree, that we would want to make sure that we're seeing that as you're doing the interims, that you're really calling that out.

[10890] Marie dela Cruz: Certainly.

[10895] SPEAKER_24: Any other questions on this item? If not, Ms. Gutierrez, can you please repeat the motion?

[10911] SPEAKER_22: Yes, President Martinez, this is 13.10 resolution number 2020.21-001 Interfund Borrowing. Motion made by Member Zhang, second by Member Nguyen.

[10925] Elisa Martinez: Thank you. With that, Member Nguyen, how do you vote?

[10931] Phuong Nguyen: Actually, the resolution number was 2020.21-002. Sorry.

[10941] Elisa Martinez: Say that again, sorry, repeat it again. I'll repeat the motion.

[10944] SPEAKER_22: Yes. Staff recommends the board adopt resolution number 2020.21-002, allowing temporary barring between funds. Thank you. And the motion was made by Member Zhang, second by Member Nguyen.

[10961] Elisa Martinez: Thank you very much. Okay, and with that, Member Nguyen, how do you vote? Yes. Member Rodriguez?

[10974] SPEAKER_24: Yes. Member Zhang?

[10976] Bowen Zhang: Yes.

[10978] Elisa Martinez: My vote is yes as well. So the motion carries and item resolution 2020.21-002 is approved. Thank you. Thank you, team. Thank you. Okay. Item 13.11, which is the 45-day budget revision for 2020-2021. And the recommended action is that the board accept and approve the report on the revised budget as presented. I have a motion and a second to open discussion.

[11018] SPEAKER_27: I move that we open for discussion.

[11021] SPEAKER_24: Berwyn moves.

[11023] Bowen Zhang: I second.

[11023] SPEAKER_24: Thank you, member Sean. Okay. Miss de la Cruz.

[11034] Marie dela Cruz: Thank you, President Martinez. So back in June, the board approved the adopted budget. And then subsequent to that, the governor signed the enacted budget on June 29. So we are required to provide any revisions to the budget within 45 days of the signing of that budget. So I'd like to share with you, if you would allow me, to share my screen. Are you able to see that? Yes. Yes. Okay. Okay. First, I'd like to just go over some of the major changes since the adopted budget. I know at our special board meeting, I reviewed some of these items already, but just to highlight these major changes, we had initially in the May revise a 10% projected cut in our local control funding formula, but the state budget does not have any additional cuts. However, it doesn't also provide any cost of living adjustment. In our categorical programs, there will be no additional reductions to our adult ed programs. And then the deferrals, the state did add two more months of deferrals in addition to the three that they had already projected. So they included February and March for a total of $5.8 billion in deferred payments to the district. If we do receive federal funds, then the state would rescind these deferrals. Learning loss mitigation, these are one-time funds that we will be receiving. As you may recall, in the May revise, we would not be eligible based on the proposal back in May, which was based on only concentration funding. And we were just below that 55% threshold. But since then, the state has changed the allocation to now include not just the concentration, but also the supplemental funding. They've also added additional funds based on our share of the local control funding formula. And this funding must be spent by December 30th, 2020. The ADA, They're going to keep us harmless for 2021. So our ADA is based on last year's P2 attendance period. So first, we wanna review the changes in our revenues. So by not having the additional cuts, we are increasing our revenues 4.2 million. So in our adopted budget, we had projected 49 million. in LCFF, but since then, because we are not getting the additional cut, we're back to the 53.2 million. And then the learning loss mitigation funds in our adopted budget, we were not projected to receive any funding, but with the state enacted budget, we now have an estimated $1,536,000 in our share of supplemental and concentration funds. and then there's also learning loss mitigation funds based on our LCFF proportionate share for $834,000, which we were not projected to receive in adopted budget. And there was special ed funding for learning loss mitigation, which we did project in the adopted budget at $1.4 million. And the Allocation is slightly above that. So we have an additional 33,000 based on our Allocation so the net change to total revenues is 6.6 million dollar increase So on the expenditure side, uh, we did add the impact of the 2% increase from 19-20 in our certificated administrative salaries for 72,000, as well as the classified administrative salaries for 19,000. And then the benefits associated to that is about 22,000. Our liability insurance, we discovered data entry that needed to be corrected. And that decreased our expenditures $592,000. And same thing with our system monitoring. There was a double entry in that line item. So that decreased our expenditures $25,000. And on the copier leases, there was part of our file that was missing. So that increased our expenditure budget by $110,000. And then in the learning loss mitigation, So what we've done is we've added this on the expenditure side, the same amount that we received in revenues. However, we do know that some of these expenses may be offset by current expenditures. So for example, any expenditures from March through June that might be eligible for these learning loss mitigation, we can transfer over. So that will offset some of our current expenses. And that also includes not just learning loss mitigation, but you remember the ESSER fund as well, the 469,000, that will also be included as part of our expenditures. So the net change total to our expenditures is 3,531,000. So when you look at our bottom line, from adopted budget to the revised budget, the change in our revenues was an increase in 6.6 million. And our expenditures increased by 3.5 million. So the net change now, we do have a change of $3 million. We had projected a deficit of 2.6 in our adopted budget. But now we're looking at a surplus of about 470,000. And how that impacts our fund balance and reserves. Our projected beginning balance remains the same until we close the books. So at adopted budget, we had projected 6.3 million. in our beginning balance. And then in our adopted budget, we did project a $2.6 million deficit, which would have left us only $3.7 million in our ending balance. And we can't count our restricted funds for our reserve for economic uncertainty, so you deduct that. So at adopted budget, we were looking at a reserve in our general fund of almost $1.3 million. And then we add our fund 17 special reserves for economic uncertainties of 2.3 million. It left us with a $3.5 million reserve in adopted budget, which was equal to 5.5% of our total expenditures. But now we're looking at our revised budget. We have the same beginning balance, but now you add what we estimate to be our surplus. So now we have an ending balance of 6.8 million. And again, we deduct the restricted balance and our reserve under the general fund is now almost 4.4 million. And if you add fund 17, which is also part of our special reserves for economic uncertainties, We have total available of 6.6 million, which brings our total available reserves of 9.7%. So that's an increase of 4.2 percentage points. And remember, our minimum required is 3% of expenditures. And when we look at our multi-year projection, Now instead remember we were looking at a 13 and a half million dollar deficit in the next three years we're looking at for this year, you know the surplus of the 0.5 million almost 500 000 and then The revenues in the next two years Is going to be pretty much flat same level Because we're assuming zero percent cola as well but there's also the reduction in the one-time funding. So we will not be receiving the Learning Loss Mitigation funds or the ESSER funds. So that's reflected in the next two years. That's why you see a reduction from 68.7 to 64.4 million. And then in the expenditures, we are still assuming the increases in our retirement rates for our salaries and benefit costs. and plus step and column increases and the same assumptions as in the adopted budget. So when you go all the way down, you're looking at our fund balance and how that impacts our fund balance, we are able to maintain a reserve in 21-22 of 10.8% and 9.2% in 22-23. And just as a reminder, I always like to put this here because the next reporting period will be our year-end actuals, which will be presented in September. That will give you our actual balances for the 2019-20 fiscal year. And then we have our first interim report in December. And at this point, I'd like to open it up for discussion or comments or any questions.

[11714] SPEAKER_09: Thank you, Mr. Cruz. President Martinez, do you mind if I just chime in?

[11718] Elisa Martinez: I apologize for not asking you to speak on this first. Go ahead.

[11723] SPEAKER_09: David Ensign, PB – He, Him, His): No problem. I just want to. Well, first of all, I just want to appreciate Miss Della Cruz for how well she's tracking this and and also both herself and the decisions of the board, which have led us to to a place where thanks to the one time funds were It's, it's definitely good news. And at the same time I do want to caution us, as you can see in those out years. When we when we no longer have those one time funds. We are still dealing with a structural deficit. And so while. While I think this is really, really positive, I also want to make sure that we don't take our foot off the gas and we don't fail to make the hard decisions that we really need to make now to be fiscally responsible in these out years.

[11780] Elisa Martinez: Thank you for that. I actually had a question related to that, but I will first ask my fellow board members, are there any questions for Ms.dela Cruz or Superintendent Triplett? I do have a question, Ms.dela Cruz, if you can go back to that page you were on, I think page 18 or that year, this one here, the outer years. what I wanted to just clarify was these expenditures assume the decisions or the direction we'd already given, right? Which is this does already assume the consolidation slash closure of at least a couple of schools. Is that what's included in this rate of expenditure?

[11836] Marie dela Cruz: Yes, that is correct. We had passed a resolution that included a reduction of $1 million based on the assumption that we would be consolidating schools. So yes, that is incorporated in the expenditures.

[11853] Elisa Martinez: And so Superintendent Triplett, yes, I think sometimes it's, you know, our eyes get starry when we see these one-time funds, right? But we quickly kind of come back to our reality that that assumption has been built in. So that's you know, that's something that needs to be delivered. Otherwise, that number gets really, really unattractive very quickly, right? So thank you for that, for that clarification.

[11882] SPEAKER_24: Okay. All right. Any other questions or comments for Ms.dela Cruz or Superintendent Triplett?

[11895] Phuong Nguyen: Okay, I would just like to thank Ms. Dela Cruz for her really great presentation.

[11904] Carina Plancarte: Thank you.

[11907] Elisa Martinez: Okay and with that I'll ask Ms. Gutierrez to repeat the motion on the table please.

[11918] SPEAKER_22: One second. The staff recommends the board accept and approve the report on the revised budget as presented. Motion made by Member Nguyen and second by Member Zhang.

[11934] Elisa Martinez: Thank you very much. Member Nguyen, how do you vote?

[11940] SPEAKER_24: Yes. Member Rodriguez? Yes. Member Zhang?

[11946] Bowen Zhang: Yes.

[11947] Elisa Martinez: And my vote is yes as well. So motion passes, carries. And thank you very much, Ms. Delacruz and Superintendent Triplett. Thank you. Item 13.12, this is the repair of the Newark Memorial swimming pool filtration system. And the recommended action is that the board approve the proposal from NOR systems to issue a purchase order for the repair and replacement of the contract of the, I'm sorry, replacement of the contract, replacement of the Newark Memorial High School pool filtration system. Sorry, may I have a motion and a second to open discussion?

[11992] SPEAKER_27: I move that we approve the contract.

[11994] Diego Torres: Second.

[11996] Elisa Martinez: Thank you. It's a proposal, right? It's not a contract.

[11999] SPEAKER_27: Sorry. I move that we approve the proposal. Thank you.

[12006] Elisa Martinez: And who seconded, was that member Rodriguez? Okay.

[12010] Maria Huffer: Thank you. Yeah.

[12013] Elisa Martinez: Okay. Whatever you want. Thank you. And Superintendent Triplett?

[12022] SPEAKER_09: Yeah, I'll just say as a avid swimmer myself, it's been really challenging not to be able to get into the pool during the COVID-19 pandemic. And I did have the pleasure of going over and seeing the pool at the high school. And that made it even more painful that I couldn't be jumping in at this point. But I did promise myself I would not jump in until the kids had been able to come back and be swimming. But I do understand that this pool, what I understand is that this pool is really like a a shining light both for the school and for the whole city and that it's used not just by the by the students at the high school but it's used almost constantly when we're not in the in shelter in place by organizations community and such and it's a gorgeous pool and it is in need of some repair and so I would strongly recommend that that this happened just because we do want to maintain such an amazing facility. And Ms. Delacruz, did you want to add anything to that?

[12100] Marie dela Cruz: Um, no, just I would also like to advocate for approving this proposal so that we can issue a purchase order to approve it. It's currently not working. The filtration system is broken, so we're just keeping it at a very low maintenance right now, just so it doesn't go bad. But this is really necessary.

[12124] Ray Rodriguez: We've been very fortunate over the years from Mr. Crocker to Mr. Crosby and everybody involved in SWIM and really, really taking care of that pool and making sure that it is a jewel to the community and whatever we can do to make sure that it's working at its optimist would be great.

[12151] SPEAKER_16: Thank you.

[12153] Elisa Martinez: Thank you, Member Rodriguez. Any comments from Member Zhang, Member Nguyen?

[12159] SPEAKER_24: Or questions?

[12164] Elisa Martinez: Yeah, I think, you know, absolutely. We agree, you know, I love to see when they have their meets and I see all the postings from all the other schools coming here. It is something we really need to, I think this is the first step. I know last year we heard some, you know, some reports from staff around, you know, there's many pieces. or items, if you will, in that particular part of the facility that we need to repair. So let's start with this one. So I think, thank you for bringing this forward. Ms. Gutierrez, can you please repeat the motion on the table?

[12206] SPEAKER_22: Yes, President Martinez, the staff recommends the board approve the proposal from North Systems Inc. to issue a purchase order for the repair and placement of Newark Memorial High School pool filtration system. Motion made by member Nguyen, second by member Rodriguez.

[12224] Elisa Martinez: Thank you so much. Member Rodriguez, how do you vote?

[12231] SPEAKER_24: Yes. Member Nguyen.

[12234] Phuong Nguyen: Yes, and I remember when that pool was built because I was around then. Just a couple of years ago. Oh yes.

[12245] Elisa Martinez: members young.

[12246] Bowen Zhang: Yes.

[12248] Elisa Martinez: My vote is yes as well. So the motion passes unanimously. So, um, let's go ahead and let's go fix that filtration system. Thank you so much.

[12258] Marie dela Cruz: Thank you so much.

[12261] Elisa Martinez: The last item on your business is 13 13 dot 13. The 2019 cabinet salary schedule. Staff. The recommended action is, um, discussion and action to propose retroactive 2019-2020 salary schedule for the chief business official. Okay, may I have a motion and a second?

[12293] Bowen Zhang: I move that we approve the salary schedule for our CBO. Second.

[12303] SPEAKER_24: Okay, Member Jean-Louis, Member Rodriguez seconds.

[12308] Elisa Martinez: Do we have any questions for Superintendent Triplett? Any comments? I have one and I think it's something that we just need to clarify. Our CBO is on contract and I'll ask Member Rodriguez to also help provide some guidance here. when we have a contract um and there's an increase to the pay are we supposed to be representing the contract at the time as well because this is a salary schedule so this i think what is a little bit off because we should probably be speaking about a contract not a salary schedule correct so just trying to get some clarity my understanding would be it's a contract and

[12364] Ray Rodriguez: you know we need to treat it as such because the contract is with the board and but I don't know if that means that we can't you know vote on this but but you can get clarity from Mr. Dennis but you know it's my understanding it's a contract

[12387] Elisa Martinez: And I apologize for not asking this in advance, because I just want to make sure that there's that link, right? And maybe it could have been as simple as attaching the contract for reference. Because the background is that the contract does tie salary increases to those received by the NEWMA employees. So I think that's not the question. It's more of just the process. Um, I don't know if it's appropriate to speak to either, um, super non triplet or, um, Ms.

[12425] SPEAKER_09: Della Cruz. Yeah. Um, particularly since it's, uh, it's, um, uh, Ms. Della Cruz is, uh, you know, it's directly related to her. I think it's more appropriate that I speak to it. Um, so, um, yeah, there, I will say it is, um, a little unusual and that there is a salary. And I think that that was something that has existed since before Miss Dela Cruz was actually in the position. So it's really that's more like a process thing. But the current contract does articulate the need for a salary increase when another bargaining unit has received one. and so even though it's it's a little odd to have these two two documents that usually there's usually there's a contract or a salary scale or schedule not both together but nonetheless it is does seem to be written into the contract as such and so that's why we're bringing this forward and recommending that it be approved

[12496] Elisa Martinez: So I think, agree. And I think that it's not a question of, you know, cause I think that the contract is clear. So just procedurally, you know, I think that's why I was asking the question of a member Rodriguez, just because I personally am not as sure. I know typically when a contract employee's salary is going to be modified, that contract needs to be brought forward with that modification to the salary. So, Um Without any prior history Um, I I would like um, i'm, okay Um, you know, I you know, I think proceeding with the because we've got these two different things. I think we need to um, I would like us to go back and and Make sure we get the appropriate language and and if we need to bring back the contract to make it to align all of this, then we may have to do that. And I'm being transparent because I want to make sure that we fix that process going forward so that it's always for a contracted employee. If the expectation is to see the contract, we should be bringing it forward with a modification. So I'm saying let's move forward with the action, the recommended action as is. Again, I would like this for us to follow up on this item with legal on how we might proceed going forward, okay?

[12595] SPEAKER_24: And if no other questions or comments.

[12601] Elisa Martinez: Okay, so Ms. Gutierrez, can you please repeat the motion?

[12609] SPEAKER_22: Staff recommends... Okay, sorry. Staff recommends that the proposed retroactive 19-20 salary schedule for chief business official. Motion made by Member Zhang and second by Member Rodriguez.

[12631] Elisa Martinez: Okay, very good. Member Rodriguez, how do you vote?

[12641] Joy Lee: Yes. Thank you.

[12643] SPEAKER_24: Member Nguyen? Member Zhang?

[12647] Bowen Zhang: Yes.

[12648] Elisa Martinez: My vote is yes as well. Thank you, Superintendent Triplett.

[12652] Aiden Hill: Thank you.

[12655] Elisa Martinez: Okay, and with that, we move to item 14.1, which is under Consent Agenda Personnel Report. Staff recommends that the Board approve the Personnel Report as presented. May I have a motion and a second?

[12675] SPEAKER_27: Oh, sorry. Go ahead.

[12681] SPEAKER_22: Member Rodriguez moves.

[12685] Phuong Nguyen: Okay.

[12686] SPEAKER_24: I'll second. Member Nguyen seconds.

[12690] Elisa Martinez: Okay, so this is, um, I will ask for a vote on this. I'm sorry. All right, may I have a vote? Member Rodriguez, how do you vote?

[12709] Ray Rodriguez: Yes.

[12711] SPEAKER_24: Member Nguyen? Yes. Member Zhang?

[12714] Bowen Zhang: Yes.

[12716] Elisa Martinez: And my vote is yes as well, so the motion carries and we approve the personnel report as presented. Okay, next section 15 is quite a bit on non-personnel items under consent agenda. 15.1 donations report, 15.2. Resolution 2020.21-003 signature card board members. Let's see how many of these, I don't know that I need to read all of these. So let's do these. The recommended action would be that board approve items 15.1 through 15.25. May I have a motion and a second?

[12771] Bowen Zhang: I move that we approve item 15.1 to 15.25.

[12777] SPEAKER_24: Very good. May I have a second?

[12779] Ray Rodriguez: I'll second, but normally we ask if anybody wants to pull any of the items. So if that's been asked, I apologize.

[12788] Elisa Martinez: No, I was actually going to just ask, typically, I mean, so typically we would ask if there's any comments, right? Ideally for consent agenda, right? They're on consent and there's not a whole lot of discussion unless there is a pulled item. So I'll ask for the second and then I'll ask the question if that's okay.

[12809] Ray Rodriguez: Okay, thank you.

[12812] Elisa Martinez: Okay, so who made the motion? I'm sorry.

[12816] SPEAKER_24: Member Zhang. Member Zhang, and you seconded?

[12820] Elisa Martinez: Member Nguyen? No, Member Rodriguez. Member Rodriguez, OK. So are there any items that would want, the motion is to approve all 25 items. Are there any items that want to, any of these items anybody wants to pull for discussion? OK. Seeing none, I will ask for a vote. Member Rodriguez, how do you vote?

[12853] Ray Rodriguez: Yes.

[12854] SPEAKER_24: Member Nguyen? Yes. Member Zhang?

[12857] Bowen Zhang: Yes.

[12859] Elisa Martinez: And my vote is yes as well. So the motion carries and consent agenda items are approved. Okay. And we move to item 16, which is Board of Education Committee reports. OK, and Miss Gutierrez has listed the active ad hoc committees, any updates, member Rodriguez on Mission Valley R.O.P.

[12898] Ray Rodriguez: No, we're going to have a meeting next week, but no updates other than the, well, there is an update because we, the RP services three school districts and each one of them opens at a separate time. So they've, there's gotta be a lot of flexibility when it comes to RP and they do an excellent job of it.

[12921] Elisa Martinez: Thank you. Anything on SELPA? I know that they were looking to schedule meetings, but is there anything specifically that you'd like to update us on?

[12932] Ray Rodriguez: No, no, not at this time.

[12933] Elisa Martinez: Thank you. And as we go through, I know for City Liaison, I think there was already an update given. Is there anything new? The next couple, I don't think there are, but I'll ask East Bay Induction Audit Committee. School Consolidation Committee. I will ask Superintendent Triplett for a quick update on this one.

[12963] SPEAKER_09: Sure. Um, so thank you, president Martinez. So, um, we did want to just let, um, the community and the board know that, um, we have been able to hire a facilitator, um, from schools, sorry, school services who will be assisting us with the, um, with, with this committee. Um, really excited. It sounds like, uh, this person in this organization has a lot of experience helping with these type of situations. And this is clearly a committee that's going to have to make some really hard recommendations and really dig really deep into data and analyze the situation. across the whole district. So I'm pleased to say that we have scheduled our first meeting of this committee, and it's a committee of 15 members of many different stakeholders, as I'm sure you're aware. It'll be the August 27th. I think the invite has already gone out to the committee members, and it'll be from 6 to 8 p.m. And then our plan is to have committee meetings every other Thursday on the off week of the board meeting. So the second and fourth Thursdays, there'll be a series of eight meetings. And then the goal is that that committee will be ready to make a recommendation after really looking at data and creating a criteria for a decision, they'll make a recommendation to the board around school consolidations. And so we're hoping that that will be complete by the end of December.

[13062] Elisa Martinez: Very good. Thank you so much. OK, communication committee governance handbook. Obviously, the only thing on this is that we have quite a bit of work to do members on and We are looking to try to get a study session for board and staff in the next couple of months. I know we have a lot going on. So I will say by September, maybe early October, ideally, just so we can go ahead and start making some of the required modifications. So more to come on that as we look to schedule that. Thank you so much. OK. Board of Education announcements request debrief discussion. Member Rodriguez, we'll start with you. Are there any requests or announcements you'd like to make?

[13126] Ray Rodriguez: There is one with the beginning of school this year being so different, but just you know, maybe keeping us updated. I don't know if doing, you know, staff development, you know, with the balls, you know, as far as getting the board, it's a little different naturally, but just to make sure we're, and not saying that we, superintendent is not gonna update it, but, you know, the more information we have on the opening of school and how it's going, the better off, you know, we are, in my opinion. That's it.

[13171] SPEAKER_24: Thank you. Member Nguyen.

[13178] Phuong Nguyen: Thank you, President Martinez. I would just like to let everyone know that actually some of the classes are already starting at the junior high. The leadership class started this week with a sort of like a team building the last three days. So I just wanted to give Mr. Whitaker at the junior high a shout out and say congratulations on the start of the school year and already getting the kids in leadership and your book started and off to a good start. And also, I just wanted to remind everyone that during this time you know we haven't been through this whole process before and it is a transition and it is a learning process for many many for many of us and that just to remind everyone to extend additional compassion and empathy for everyone that is you know for families and also for our educators our teachers and our our staff here Everyone is working really hard and is trying to do their best. And yes, sometimes things do fall on the cracks. And we just have to remember that we have to come together as a community and work collectively as a whole in order to succeed together and to make things wonderful for all of our kids here in Newark. And it is hard sometimes to forget that we tend to put ourselves first, but let's try and remember to put others first and think of all different perspectives and not just our own as we move forward and work together in solving this issue and hopefully building a wonderful school year for the students. Thank you.

[13311] SPEAKER_24: Thank you, member Wen. Member Zhang?

[13315] Bowen Zhang: So I want to commend two of my fellow board members who are full-time professionals, who are moms, who need to take care of their kids, who still serve on the school board in the middle of a pandemic. In particular, President Martinez, being a single mom of two kids, serving on the board, that's hard enough things to do. I think doing all of these in the middle of a pandemic is even harder. So I commend two of my fellow board members. And for the greater community, I mean, this is tough time for everybody. And things can get worse before it gets better. The pandemic might very well last longer, far longer than we expected. But we are a resilient community. We'll get through this together. And I believe we'll emerge stronger than before. Stay strong and stay safe. Thank you.

[13370] Elisa Martinez: Thank you, Member Zhang, for your nice comments about me and just your general comments. Thank you very much. Member Nguyen, you'd invited or sent a link out regarding this webinar that UCSF Children's shared a couple of days ago. there was, I can't remember the verbiage that they had, you know, that, but it's not about the, you know, we'll call it the group of families that really want their kids in school. And then there's the other group, they had labels for him and all the kids and all the other families who, you know, that don't want them in school. And we tend to, in really trying times, we kind of try, we tend to get into these extremes, right? And I thank you for the words because they really talked about empathy and compassion in, you know, for each other, for ourselves as well. You know, we tend to put, as parents, as families, so much pressure on ourselves. But, you know, most importantly for, you know, we'll call the team. I've heard some really good and positive remarks from our parents and families about the work, and also some that are not so nice, right? And what I can say is, in the seat that we are lucky enough to have, we're able to see a lot of the work that does happen. And I do ask you to be patient. This is unprecedented. We don't have a playbook for this. So in the spirit of making sure we're being collaborative and that we are getting people's voices, of course, we're going to go slower. Of course, we're going to go slower. And that's OK. And that's OK if we remember that our kids are at the center of that discussion. So I ask you for patience and kindness for the broader team. You know, all of us, when we think about ourselves and our needs, it's really hard to keep that perspective. And please reach out if you need support, because sometimes some of the not-so-nice comments come because we're nervous, we're scared about what's coming in front of us. So please, please, please reach out to the team. I know Superintendent Triplett is working diligently with Ms. Gutierrez and the rest of the team to really have a cleaner path of communication so that we can close the loop on questions. So I really want to commend you for that, Dr. Triplett. I've seen it, and I know we're getting better every day. So sorry for being long-winded, but this is such a critical time, and it's hard to hear some of the criticisms. Everybody, it's everybody's prerogative to do that. But please remember that people are working really, really hard here. So thank you so much. And with that, I'll hand it to you.

[13569] Phuong Nguyen: Sorry, one last comment because I forgot. Yes. Their UCSF Benioff and Oakland Children's Hospital, they have a three part webinar in terms of for what it, you know, the infection rates on COVID and then also in particular in regards to reopening schools safely and also how we can help. The third part is going to be on distance learning and how we can help our children through that path with mental health in mind. So they, for registered, If you register, they'll send you a link to the recording. So hopefully once I get the recording, maybe we can post them on the school's website or the district's website and then for the community to view. Thank you.

[13629] Elisa Martinez: Thank you, Amber. And with that, Superintendent Triplett.

[13634] SPEAKER_09: Thank you, President Martinez, and thank you all for your words. I think they're well, first of all, I just really appreciate them. But then also, I think it's it's it's always a good reminder for all of us that during these really unusually challenging times that we got that we got to stick together. And, and then we got to keep our eyes on the prize, which is doing what's right for kids and for families. But I do, I want to make a commitment personal commitment and also a commitment on the part of the district that we do need to continue to get better in communication. And, and we're, we will, we will keep getting better at it. And then lastly, just a couple announcements one, I had a chance to share it before and then Mr better reminded me, we're excited. We will have our new teacher orientation and so that's all new teachers to the district and so we're really excited to welcome them in. We think we have a fantastic bunch of new teachers to to join our fantastic veteran teachers, so really delighted about that. And then the other thing I wanted to just. say how much I enjoyed this week. I had an opportunity, was invited to go to Schilling Elementary and experience just an incredible display of giving and caring and warmth on the part of Tri-City Volunteers, Nissan Premier, and our own child nutrition. There's a big giveaway of supplies, food, meals. I think there was over 150 cars backed up all the way up the street. And it was just really wonderful to see. So I think that is a representation of the kind of compassion and care that we all need to be reminding ourselves of and sticking with each other on. And that's all I have.

[13756] Elisa Martinez: Excellent. Thank you so much. OK. And with that, we get to item 18, which is adjournment. May I have a motion and a second to adjourn?

[13768] SPEAKER_27: I move to adjourn.

[13770] Ray Rodriguez: I second gladly.

[13774] Elisa Martinez: Member Nguyen moves. Member Rodriguez? Seconds and member Rodriguez, how do you vote?

[13782] Ray Rodriguez: Yes.

[13783] SPEAKER_24: Member Nguyen?

[13787] Julienne Sumodobila: Yes, yes.

[13789] Elisa Martinez: Thinking about it. Member Zhang?

[13791] Bowen Zhang: Yes.

[13792] Elisa Martinez: My vote is yes as well. So thank you, everybody. I know it's a heavy meeting, lots to cover, but meeting is adjourned at 9.50pm. Thank you so much.

[13803] Marie dela Cruz: Thank you. Good night, everybody. Good night.

[13806] Ray Rodriguez: Thank you. Good night.

1. Live Comments: Join with an Internet connected device (tablet, computer, phone, etc.)

1.1 Roll Call

Type                     Procedural

Please see click the link below for Public Comment information on Non-Agenda Items and Agenda items.

http://go.boarddocs.com/ca/nusd/Board.nsf/goto?open&id=BN8PNC6402C1

2. APPROVAL OF AGENDA

2. Live Comments: Join with an Internet connected device (tablet, computer, phone, etc.)

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

Please see click the link below for Public Comment information on Non-Agenda Items and Agenda items.

http://go.boarddocs.com/ca/nusd/Board.nsf/goto?open&id=BN8PNC6402C1

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 Labor Negotiator (GC 54957.6) NEWMA, Unrepresented Supervisors & Contracted Management

Type

Agency Negotiator Jessica Saavedra, Executive Director of Human Resources, Leticia Salinas, Acting Superintendent, Ingrid A. Meyers , Dannis Wolliver, Kelly NEWMA, Unrepresented Supervisors & Contracted Management

3.4 Conference with Legal Counsel regarding Existing Litigation (GC 54956.9(d)(1))

Type

Cases:

3.5 Consideration of disciplinary action for Student e1920-08. Education Code section 48912.

Type

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

Purpose:

Background:

3.6 Consideration of disciplinary action for Student e1920-09. Education Code section 48912.

Type
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

Purpose:

Background:

3.7 Consideration of disciplinary action for Student e1920-10. Education Code section 48912.

Type

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

Purpose:

Background:

4. REPORT OF CLOSED SESSION ACTIONS

4.1 Report of Closed Session Actions

Type                     Action

5. RECONVENE TO OPEN SESSION

5.1 Pledge of Allegiance

Type                     Procedural

6. ORGANIZATION OF THE BOARD

6.1 Appoint Superintendent as Secretary of the Board

Type                     Action, Discussion

Fiscal Impact            No

Recommended              The Board is asked to accept the appointment of the Superintendents Dr. Mark Triplett
Action                   as Secretary of the Board.

Goals                        1a. Student Achievement
                             2a. Safe, Secure and Healthy Learning Environments
                             3a. Parent and Community Engagement and Communication

6.2 Set Regular Meeting Dates (2020-2021)

Type                     Action, Discussion

Fiscal Impact            No

Recommended              The Board is asked to set the dates of regular meetings for school year 2020 - 2021
Action

Goals                        1a. Student Achievement
                             2a. Safe, Secure and Healthy Learning Environments
                             3a. Parent and Community Engagement and Communication

The Board has approved meeting for the calendar year of 2020. This action is to approve Board meetings for the remainder of school year to assist with calendering school events.

Currently, per Board Bylaw 9320, "The Board shall hold regular meetings each month on Thursdays..."

Unless otherwise acted upon by the Board: Regular meetings are to be held the first and third Thursday of the month. The second meeting of each month may include a Study Session. Start time of that session to be decided.

BOARD OF EDUCATION MEETINGS - School Year 2020-2021 *** First and Third Thursday of each month"

Board Meetings Aug 6 Aug 20 (Study Session) Sept 3 Sept 17 (Study Session) Oct 1 Oct 15 (Study Session) Nov 5 Nov 19 (Study Session) Dec 3 Dec 17 (Study Session) Jan 7 Jan 21 (Study Session) Feb 4 Feb 18 (Study Session) Mar 4 Mar 18 (Study Session) Apr 1 April 15 (Study Session) May 6 May 20 (Study Session) Jun 3 Jun 17 (Study Session)

HISTORY: Below are the APPROVED meeting dates for the calendar year of 2020:

2020 BOARD OF EDUCATION MEETINGS Confirmed Dates -- these are first and third Thursday of each month

January 16 - Study Session February 6 February 20 - Study Session March 5 March 19 - Study Session April 2 April 16 - May 7 May 21 - Study Session June 4 June 18 - Study Session July - NO MEETINGS SCHEDULED August 6 August 20 - Study Session September 3 September 17 - Study Session October 1 October 15 - Study Session November 5 November 19 - Study Session December 3 December 17 - Study Session

File Attachments School-Calendar-2020-2021.pdf (583 KB)

6.3 Board Committees and Assignments

Type                      Discussion

Here you will find the list of all Board Committees and their representation. This item is used to review and discuss the committees, while appointment to specific committees will occur in the next items.

The attachments show a full list of Committees and the specific committees which require Board Member assignments.

File Attachments Board Committees - Approved 120520.pdf (149 KB) Board Committees - Agenda 080620.pdf (143 KB)

6.4 Appointment of Board Representative to the City of Newark - NUSD Liaison Committee

Type                     Action, Discussion

Fiscal Impact            No

Recommended              Appoint Board Representative to the City of Newark - NUSD Liaison Committee
Action

Based on the Dec. 5, 2019 Board Meeting, Member Lucia was approved as the representative to the City of Newark - NUSD Liaison Committee, and Member Nguyen as an Alternative. This Committee requires the participation of two Board Members.

Due to the resignation of Member Gutierrez, Member Nguyen, as the approved alternate, becomes the new representative. This committee requires the Board Approval of a second member.

6.5 Appointment of Board Representatives to the Governance Handbook Committee

Type                     Action, Discussion

Fiscal Impact            No

Recommended              Appoint Board Representative to the Governance Handbook Committee
Action

The purpose of this committee is to regularly review the Governance Handbook and provide revisions/updates to the Board as needed. This committee requires two Board appointed members.

Due to the resignation of Member Gutierrez, this committee requires the Board Approval of a second member.

7. BOARD APPOINTMENT Subject 7.1 Determination Regarding Process To Fill Board Vacancy

7.1 Determination Regarding Process To Fill Board Vacancy

Type                     Action, Discussion

Fiscal Impact            No

Recommended              Discuss and Approve the a Process
Action

Purpose: The purpose is to determine which process, special election or appointment, will be used to fill the vacancy on the Board. In addition, the board will appoint two members to be the committee for application review.

Background: On July 14, 2020, Member Gutierrez notified the Board and Superintendent in writing that she would be resigning from the Board. Her resignation was filed and took effect on July 14. The Education Code provides that the Board can decide whether the vacancy is filled by a special election or through an appointment made by the Board. The decision to call a special election or the Board's selection of the appointee must be completed within 60 days from the date that Member Gutierrez's resignation was filed with the County Superintendent of Schools. Depending on the Board action, staff will return with a resolution calling a special election or begin to advertise the vacancy and accept applications for appointment by the Board.

8. PUBLIC COMMENT ON NON-AGENDA ITEMS

8.1 Public Comment on Non-Agenda Items

Type                     Information

Please see click the link below for Public Comment information on Non-Agenda Items and Agenda items.

http://go.boarddocs.com/ca/nusd/Board.nsf/goto?open&id=BN8PNC6402C1

9. SUPERINTENDENT REPORT

9.1 Superintendent Report

Type                     Information

10. EMPLOYEE ORGANIZATIONS

10.1 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.

11. PUBLIC HEARINGS

11.1 Public Hearing on Interfund Borrowing

Type                     Discussion, Information

Goals                        1a. Student Achievement
                             2a. Safe, Secure and Healthy Learning Environments
                             3a. Parent and Community Engagement and Communication

Purpose: Hold a public hearing on interfund borrowing. The State enacted budget includes an increase in the Interfund borrowing limits from 75% to 85%. This increase allows School Districts to borrow more, in the face of uncertain financial exposure and funding challenges, as a result of the COVID-19 pandemic, including cash deferrals from the State.

The staff will recommend passing the attached Resolution 2020.21-002, Temporary Borrowing Between Funds, later in this meeting.

Background: In accordance with Education Code Section 42603, the governing board of any school district may direct that moneys held in any fund or account may be temporarily transferred to another fund or account of the district for payment of obligations. This temporary transfer of funds will be accounted for as temporary borrowing between funds and will not be available for appropriation or be considered revenue to the borrowing fund or account. Amounts transferred must be repaid either in the same fiscal year or in the following fiscal year if the transfer occurs within the final 120 calendar days of a fiscal year. Borrowing will occur only when the fund or account receiving the money will earn sufficient revenue, during the current fiscal year, to repay the amount transferred. Normally, no more than 75% of the maximum of moneys held in any fund or account during a fiscal year may be transferred; however, for fiscal years 2020-21 and 2021-22, the State has increased this limit to 85%.

File Attachments Resolution No. 2020.21-002_Temporary Borrowing Between Funds.pdf (10 KB)

11.2 Public Hearing on Developer Fees Increase

Type                     Discussion, Information

Goals                        2a. Safe, Secure and Healthy Learning Environments

Purpose: To conduct a public hearing on approval of the Developer Fee Justification Study dated March 2020, and Resolution No. 2020.21-001 to increase school developer fees on new residential and commercial/industrial construction.

Background: The Developer Fee Justification Study provides justification for the Newark Unified School District to levy Level 1 developer fees on new residential, commercial and industrial construction not under mitigation agreement with the District. Level 1 fees are the current statutory fees allowed under Education Code 17620. This code section provides the basic authority for school Districts to levy a fee against residential and commercial construction for the purpose of funding school construction or reconstruction of facilities. These developer fees are subject to a biennial inflationary adjustment in an amount equal to the change in the statewide cost index for Class B construction.

Notice of this public hearing ran in the East Bay Times (Argus) on June 12, 2020 and July 10, 2020, and in the Tri City Voice on June 16, 2020 and July 14, 2020.

A fee of $3.79 per square foot for residential construction and a fee of $0.61 per square foot for commercial/industrial construction is currently assessed on applicable permits pulled in the District. The study provides the justification for the District to levy the maximum developer fee. The new fee amounts are $4.08 per square foot for residential construction and $0.66 per square foot for commercial/industrial construction. This proposed increase represents $0.29 per square foot and $0.05 per square foot for residential and commercial/industrial construction, respectively.

The following table shows the impacts of the new fee amounts:

Total Previous New Change Residential $3.79 $4.08 $0.29 Commercial/Industrial $0.61 $0.66 $0.05

Fees will become effective October 5, 2020, 60 days after the adoption of Resolution No. 2073.

File Attachments 2020 Developer Fee Justification Study Newark Unified School District.pdf (4,677 KB) Resolution 2020.21-001 Developer Fee Increase 2020.pdf (143 KB)

12. OLD BUSINESS

12.1 Flooring Project at Newark Memorial High School

Type                     Action

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            Yes

Dollar Amount            $466,145.00

Budgeted                 Yes

Budget Source            Measure G Bond

Recommended              Staff recommends approval to proceed with award of California Multiple Award Schedule
Action                   (CMAS) agreement with JB Jordan and Associates for the Newark Memorial High School
                         Flooring Project, Not To Exceed $466,145, as presented.
Goals                           2a. Safe, Secure and Healthy Learning Environments

Purpose: To proceed with award of California Multiple Award Schedule (CMAS) agreement with JB Jordan and Associates for the Newark Memorial High School Flooring Project, Not To Exceed $466,145, including all areas proposed except for the portable classrooms.

Background: This flooring project is part of the priority list (which is attached for reference) that was approved by the Board on February 20, 2020.

In November 2019, vendor submitted a proposal to provide and install flooring at Memorial HS then renewed pricing in January of 2020, not to exceed $856,681. This amount included a base price of $572,552 for demolition of existing flooring materials and adhesives, surface preparation, new flooring (mostly Vinyl Composition Tile (VCT)) and associated furniture moving and appurtenant work, plus an added budget of $284,129 for the potential cost of moisture mitigation where areas could test high. This proposal was presented to the Board at their January 16, 2020 meeting but there was no action taken.

In consideration of potentially significant fees for moisture mitigation, moisture testing was conducted at a cost of $7,000 to determine actual requirements. Results were varied. The 400 Wing corridors and 4 classrooms tested high and moisture mitigation is included. In other areas, such as the Library, Band and Choir Rooms, Offices and the Star Lab, the cost to install a power bond resilient substrate with a carpet look was considerably less expensive than using the VCT with the added moisture mitigation system, and are recommended for these spaces.

Additionally, we received a current Master CMAS agreement form from district legal counsel, vetted pricing and formulated contracts, attached hereto in accordance with the CMAS - California Multiple Award Schedule (Public Contract Code Sections 10290 et seq. and 12101.5).

With board approval, the 400 Wing corridors and 300 and 400 Wing classrooms may be accomplished in August, with the corridors being the highest priority. Some classrooms may be done using swing space as needed. The administrative offices and other areas, as prioritized, can be accomplished as follows:

Priority 1 Phase 1 400 Wing � Corridors $66,855 August 2020 400 Wing � 8 Classrooms $62,520 August 2020

Phase 2 Admin Offices & Conference $52,455 August - September 2020, or Winter Break 300 Wing � 14 Classrooms $88,215 August - September 2020 *Corridors and Classrooms will be VCT; Offices will be Tarkett `Powerbond', Color (TBD)

Once the campus reopens, remaining areas will be phased to coordinate around school activities as directed by district administration and coordinated with the vendor and site principal. Additionally, scope will be authorized incrementally, and the District can elect to expedite areas, defer, or omit areas based on further planning and coordination. For example, should school opening be deferred until September, vendor can accomplish most of the remaining work.

Future Phasing to be Coordinated Band and Choir Rooms $35,570 Power Bond Carpet for Sound Attenuation Rm 905 � Office $ 2,875 VCT Phase 1 or 2, or as coordinated Teacher's Lounge, Math Office $ 10,805 VCT Athletic Offices & Break Rm $ 6,745 VCT Counseling Offices $ 6,930 High moisture - Tarkett Powerbond', Color (TBD) Staff, Lunch and Hallway $ 11,160 VCT Old Registration Room $ 4,490 * Added Area -Tarkett Powerbond', Color (TBD)

Library & Offices $60,115 Recommend Tarkett `Powerbond' to address moisture issues and sound attenuation.

Star & Computer Labs $57,410 Recommend Tarkett `Powerbond' to address moisture issues and sound attenuation.

Portables (12 each) ($99,035): DEDUCT- NOT TO BE INCLUDED IN THIS PHASE. File Attachments NMHS Flooring Proposal.pdf (82 KB) 1 Newark USD and JB Jordan CMAS Agreement_flooring NMHS.pdf (159 KB) 2 JB Jordan CMAS- DGS_flooring project NMHS.pdf (1,026 KB) 3 JB Jordan Proposal with backup_flooring project NMHS.pdf (4,830 KB) Priorities Projects Measure G Updated Feb 2020.pdf (31 KB)

13. NEW BUSINESS

13.1 2020 CSBA Delegate Assembly Run-Off Elections, Region 7B

Type                      Action, Discussion

Fiscal Impact             No

Recommended               Staff recommends the Board vote for up to three (3) delegate candidates for the 2020
Action                    CSBA Delegate Assembly Run-Off Elections, Region 7B

The Board is asked to review the 2020 CSBA Delegate Information. The Board will vote on which, up to three (3), candidates they recommend be elected to the Delegate Assembly.

File Attachments CSBA Delegates 2020.pdf (408 KB)

13.2 Administrative Regulation 1312.4 Williams Uniform Complaint Procedures (First Reading)

Type                      Action

Preferred Date            Aug 06, 2020

Absolute Date             Aug 06, 2020

Recommended               Staff recommends the Board of Education approve as presented or move to bring back
Action                    for a second reading with recommended revisions.

This is the first reading for the attached Board Policy. The language is sanctioned by the California School Board Association. The administration has reviewed this document for accuracy and made revisions to reflect district practice.

If any revisions are recommended, the document will be brought back to the Board of Education for a second reading. File Attachments NUSD AR1312.4 Williams Complaints 08.06.2020.pdf (312 KB)

13.3 Board Policy 4030 Nondiscrimination in Employment (First Reading)

Type                        Action

Preferred Date              Aug 06, 2020

Absolute Date               Aug 06, 2020

Recommended                 Staff recommends the Board of Education approve as presented or move to bring back
Action                      for a second reading with recommended revisions.

This is the first reading for the attached Board Policy. The language is sanctioned by the California School Board Association. The administration has reviewed this document for accuracy and made revisions to reflect district practice.

If any revisions are recommended, the document will be brought back to the Board of Education for a second reading.

File Attachments NUSD BP4030 Nondiscrimination in Employment with track changes.pdf (298 KB)

13.4 Administrative Regulation 4032 Reasonable Accommodation (First Reading)

Type                        Action

Preferred Date              Aug 06, 2020

Absolute Date               Aug 06, 2020

Recommended                 Staff recommends the Board of Education approve as presented or move to bring back
Action                      for a second reading with recommended revisions.

This is the first reading for the attached Administrative Regulation. The language is sanctioned by the California School Board Association. The administration has reviewed this document for accuracy and made revisions to reflect district practice.

If any revisions are recommended, the document will be brought back to the Board of Education for a second reading.

File Attachments NUSD AR4032 REASONABLE ACCOMMODATION with track changes.pdf (312 KB)

13.5 Administrative Regulation 4040 Employee Use of Technology (First Reading)

Type                        Action

Preferred Date              Aug 06, 2020

Absolute Date               Aug 06, 2020

Recommended                 Staff recommends the Board of Education approve as presented or move to bring back
Action                      for a second reading with recommended revisions.

This is the first reading for the attached Administrative Regulation. The language is sanctioned by the California School Board Association. The administration has reviewed this document for accuracy and made revisions to reflect district practice.

If any revisions are recommended, the document will be brought back to the Board of Education for a second reading.

13.6 Board Policy 4113.5 Working Remotely (First Reading)

Type                        Action, Discussion

Preferred Date              Aug 06, 2020

Absolute Date               Aug 06, 2020

Recommended                 Staff recommends the Board approve as presented or move to bring back for a second
Action                      reading with recommended revisions.

This is the first reading for the attached Board Policy. This is a new policy that addresses issues applicable to employees who work from home or another remote location, whether due to a school closure resulting from a widespread illness, natural disaster, or other emergency condition or upon the request of an individual employee. The policy clarifies that there is no entitlement to work remotely and that employees who are granted the ability to work remotely are subject to the same compensation, benefits, or other terms and conditions of employment appropriate for the position. The policy also addresses work hours, work environment, use of district equipment, reimbursement of expenses, safeguarding of district records, evaluation of job performance, and discontinuance of the remote work arrangement at the district's discretion.

The policy was developed by the California School Board Association. The administration has reviewed this document for accuracy and made revisions to reflect district practice.

If any revisions are recommended by the Board of Education, the policy will be brought back to the next meeting for a second reading.

File Attachments BP 4113.5 Working Remotely NEW POLICY.pdf (276 KB)

13.7 Board Policy 4119.11 Sexual Harassment (First Reading)

Type                      Action

Preferred Date            Aug 06, 2020

Absolute Date             Aug 06, 2020

Recommended               Staff recommends the Board of Education approve as presented or move to bring back
Action                    for a second reading with recommended revisions.

This is the first reading for the attached Board Policy. The language is sanctioned by the California School Board Association. The administration has reviewed this document for accuracy and made revisions to reflect district practice.

If any revisions are recommended, the document will be brought back to the Board of Education for a second reading.

File Attachments NUSD BP4119.11 Sexual Harassment with track changes.pdf (208 KB)

13.8 Board Policy 5131.2 Bullying (First Reading)

Type                      Action

Preferred Date            Aug 06, 2020

Absolute Date             Aug 06, 2020

Recommended               Staff recommends the Board of Education approve as presented or move to bring back
Action                    for a second reading with recommended revisions.

This is the first reading for the attached Board Policy. The language is sanctioned by the California School Board Association. The administration has reviewed this document for accuracy and made revisions to reflect district practice.

If any revisions are recommended, the document will be brought back to the Board of Education for a second reading.

File Attachments NUSD BP5131.2 Bullying with track changes.pdf (300 KB)

13.9 Resolution No. 2020.21-001 Developer Fees Increase

Type                       Action

Preferred Date             Aug 06, 2020

Absolute Date              Aug 06, 2020

Fiscal Impact              Yes

Budget Source              Capital Facilities Fund (Fund 250) - Fiscal impact dependent on sizes of structures built

Recommended                Staff recommends adoption of Resolution No. 2020.21-001 approving an increase to
Action                     developer fees on new residential and commercial/industrial construction.

Goals                         2a. Safe, Secure and Healthy Learning Environments

Purpose: To adopt Resolution No. 2020.21-001 approving an increase to developer fees on new residential and commercial/industrial construction.

Background: A public hearing about increasing developer fees was held earlier in this Board meeting.

The Developer Fee Justification Study provides justification for the Newark Unified School District to levy Level 1 developer fees on new residential, commercial and industrial construction not under mitigation agreement with the District. Level 1 fees are the current statutory fees allowed under Education Code 17620. This code section provides the basic authority for school Districts to levy a fee against residential and commercial construction for the purpose of funding school construction or reconstruction facilities. These developer fees are subject to a biennial inflationary adjustment in an amount equal to the change in the statewide cost index for Class B construction.

A fee of $3.79 per square foot for residential construction and a fee of $0.61 per square foot for commercial/industrial construction is currently assessed on applicable permits pulled in the District. The study provides the justification for the District to levy the maximum developer fee. The new fee amounts are $4.08 per square foot for residential construction and $0.66 per square foot for commercial/industrial construction. This proposed increase represents $0.29 per square foot and $0.05 per square foot for residential and commercial/industrial construction, respectively.

The following table shows the impacts of the new fee amounts:

Total Previous New Change Residential $3.79 $4.08 $0.29 Commercial/Industrial $0.61 $0.66 $0.05

Fees will become effective October 5, 2020, 60 days after the adoption of Resolution No. 2020.21-001.

File Attachments 2020 Developer Fee Justification Study Newark Unified School District.pdf (4,677 KB) Resolution 2020.21-001 Developer Fee Increase 2020.pdf (143 KB)

13.10 Resolution No. 2020.21-002- Interfund Borrowing

Type                       Action
Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            No

Recommended              Staff recommends the Board adopt Resolution No. 2020.21-002 allowing temporary
Action                   borrowing between funds (a.k.a., Interfund Borrowing).

Goals                        2a. Safe, Secure and Healthy Learning Environments

Purpose: To adopt this Resolution allowing temporary borrowing between funds (a.k.a., Interfund Borrowing).

Background: In accordance with Education Code Section 42603, the governing board of any school district may direct that moneys held in any fund or account may be temporarily transferred to another fund or account of the district for payment of obligations. This temporary transfer of funds will be accounted for as temporary borrowing between funds and will not be available for appropriation or be considered revenue to the borrowing fund or account. Amounts transferred must be repaid either in the same fiscal year or in the following fiscal year if the transfer occurs within the final 120 calendar days of a fiscal year. Borrowing will occur only when the fund or account receiving the money will earn sufficient revenue, during the current fiscal year, to repay the amount transferred. Normally, no more than 75% of the maximum of moneys held in any fund or account during a fiscal year may be transferred; however, for fiscal years 2020-21 and 2021-22, the State has increased this limit to 85%.

File Attachments Resolution No. 2020.21-002_Temporary Borrowing Between Funds.pdf (10 KB)

13.11 45-Day Budget Revision 2020-21

Type                     Action, Information

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Recommended              Staff recommends the Board accept and approve the report on the revised budget as
Action                   presented.

Purpose: The purpose is to advise the Board and the public concerning the impact of the State Enacted Budget on the District's Adopted Budget.

Background: The Board approved and adopted the District's 2020-21 budget on June 18, 2020.

The 2020-21 State Budget was signed by the Governor on June 29, 2020. The CBO provided the Board an update on the State Budget at their Special Board Meeting on July 14, 2020. Not later than 45 days after the governor signs the Budget Act, school districts must make available to the public any budget revisions made to include the funding made available by that Budget Act [E.C. 42127].

File Attachments 2020-21 45-day budget revision August 6 Board Meeting_rev.pdf (214 KB)

13.12 Repair of NMHS Swimming Pool Filtration System

Type                     Action (Consent)

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            Yes

Dollar Amount            $76,169.00

Budgeted                 No

Budget Source            Fund 40 - Special Reserve for Capital Outlay Projects

Recommended              Staff recommends the Board approve the proposal from Knorr Systems, Inc. to issue a
Action                   purchase order for the repair and replacement of the Newark Memorial High School pool
                         filtration system.

Goals                        1a. Student Achievement
                             2a. Safe, Secure and Healthy Learning Environments

Purpose: The purpose is to approve the proposal from Knorr Systems, Inc. to repair and replace the swimming pool filtration system at Newark Memorial High School (NMHS).

Background: Over the past couple of years, different systems of the swimming pool at NMHS has been upgraded, except for the filtration system. The filtration system is over 20 years old, has been repaired over the years and now needs to be replaced. Currently, the filtration system has a crack and water floods out of the filter. This floods the area around the filtration system and drains water from the swimming pool. The filtration system is currently turned off and the pool is being maintained in order to keep it from turning green, but this is only a temporary solution to an ongoing problem.

Because of the age of the current filtration system, many parts are unavailable. The District received two proposals for the replacement of the swimming pool filtration system at NMHS.

File Attachments Pool Filter Quotes Knorr and Lincoln Aquatics.pdf (675 KB) Crack Filter Pool.pdf (244 KB) Filter Pool.pdf (317 KB)

13.13 2019-20 Cabinet Salary Schedule

Type                     Action

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            Yes

Dollar Amount            $5,000.00

Budgeted                 No

Budget Source            General Fund

Recommended              Discussion and action on proposed retroactive 2019-20 salary schedule for the Chief
Action                   Business Official.

Purpose: Governing Boards must orally report out a summary of a recommendation for final action on certain local agency salaries, salary schedules or other compensation.

Background: The contract of the Chief Business Official ties salary increases to those increases received by other employee groups. The Chief Business Official's contract states that compensation "shall be increased each year in the same percentage amount that is granted to the NEWMA salary schedule...". NEWMA received a 1% increase effective July 1, 2019 and an additional 1% increase effective February 1, 2020. The proposed salary schedule reflects the increase for the Chief Business Official. The Chief Business Official will receive a 1% increase effective July 1, 2019 and an additional 1% increase effective February 1, 2020.

File Attachments Cabinet salary schedule FY19-20_CBO.pdf (64 KB)

14. CONSENT AGENDA - PERSONNEL ITEMS

14.1 Personnel Report

Type                     Action (Consent)

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 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 08-06-20.pdf (405 KB)

15. CONSENT AGENDA - NON-PERSONNEL ITEMS

15.1 Donations Report

Type                     Action

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            Yes

Dollar Amount            $10,348.52

Budgeted                 Yes

Budget Source            General Fund (Fund 010) Donations

Recommended              Staff recommends the Board accept the Donations Report as presented.
Action

Goals                        2a. Safe, Secure and Healthy Learning Environments

Purpose: The purpose is to acknowledge receipt of donations to the District.

Background: Throughout the year community members, groups, parents and other individuals make monetary and in-kind (supplies and equipment) donations to NUSD. The exact nature of the source of the donation is submitted to the Business Office on a standard form. It is critical that any restrictions on the funding be indicated and the budget developed based on those donor restrictions. If there is no indication of the school or use of the funding, any proceeds or cash donations received are placed in the NUSD local revenue in the unrestricted general fund. It is recommended that the donations be processed through the Business Office and ultimately approved by the Board so that the funding can be publicly acknowledged and budgeted properly according to donor restrictions. There is acknowledged and budgeted properly according to donor restrictions. There is acknowledgement at the public Board meeting and a letter of thanks is sent ot the donor by the Business Office for NUSD.

File Attachments Donations Report October 2019-July 2020.pdf (119 KB)

15.2 Resolution No. 2020.21-003 Signature Card - Board Members

Type                     Action, Discussion

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020
Fiscal Impact            No

Budgeted                 No

Recommended              Staff recommends the Board approve and sign this resolution.
Action

Goals                          1a. Student Achievement
                               2a. Safe, Secure and Healthy Learning Environments
                               3a. Parent and Community Engagement and Communication

Purpose: Resolution No. 2020.21-003 is to provide signatures of each member presently serving on the Governing Board. It is the "Signature Card" to be kept on file at the Alameda County Office of Education.

Background:

File Attachments Resolution 2020.21-003_Signature Card_Board Members.pdf (16 KB)

15.3 Resolution No. 2020.21-004 Signature Card-Authorized Agents Payroll Warrants & Disbursements

Type                     Action (Consent)

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            No

Budgeted                 No

Recommended              Staff recommends Board adoption of Resolution No. 2020.21-004, Authorized Agents to
Action                   Sign Payroll Warrants and Disbursements.

Goals                          2a. Safe, Secure and Healthy Learning Environments

Purpose: The purpose is to adopt Resolution No. 2020.21-004, Authorized Agents to Sign Payroll Warrants and Disbursements. It is the "Signature Card" to be kept on file at the Alameda County Office of Education.

Background: Pursuant to Education Code Section 42632 for Education, each order drawn on the funds of the School District shall be signed by at least a majority of the members of the governing board of the district or by a person(s) authorized by the governing board to sign orders in its name. This resolution reflects those designated to sign on the payroll warrants and disbursements to the Alameda County Superintendent of Schools. This authorization is in place for all disbursements for payroll and accounts payable, and it is a county requirement.

File Attachments Resolution 2020.21-004 Signature Card_Payroll Warrants & Disbursements.pdf (13 KB)

15.4 Resolution No. 2020.21-005 Signature Card- Authorized Agents Official Documents & Reports

Type                     Action (Consent)

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            No

Budgeted                 No

Recommended              Staff recommends Board adoption of Resolution No. 2020.21-005, Authorized Agents to
Action                   Sign Official Documents and Reports.

Goals                        2a. Safe, Secure and Healthy Learning Environments

Purpose: The purpose is to adopt Resolution No. 2020.21-005, Authorized Agents to Sign Official Documents and Reports. It is the "Signature Card" to be kept on file at the Alameda County Office of Education.

Background: Whenever a change in the official signers of the District occurs, the County Superintendent of Schools requires a certification in the form of a resolution from the Board of Education naming the new official signers for reports on behalf of the District. This resolution reflects those designated to sign on reports to the County and State on behalf of the District. The Executive Cabinet members are the designated signers for reports. This authorization in place for all official documents of the District and it is a county requirement.

File Attachments Resolution 2020.21-005_Signature Card_Official Documents & Reports.pdf (13 KB)

15.5 CBOC Member Resignation (Ms. Angela Silvera)

Type                     Action

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            No

Budgeted                 No

Recommended              Staff recommends the Board accept the resignation of Angela Silvera from the Citizens'
Action                   Bond Oversight Committee (CBOC).

Goals                        2a. Safe, Secure and Healthy Learning Environments

Purpose: By taking this action, the Board will accept the resignation of one member, Angela Silvera, from the Citizens' Bond Oversight Committee (CBOC).

Background: Ms. Silvera has expressed an interest in resigning from the CBOC. The Board meeting at which she was appointed for the first term was August 21, 2018. Her community representation was as a Parent/Guardian of Child Enrolled in District AND Active Member of a District Parent-Teacher Organization. The NUSD Business Department was notified of her resignation July 6, 2020. The list of current members, who they represent, and when their term ends is on the Citizens' Bond Oversight Committee page of Newark Unified School District's website.

15.6 CBOC Member Reappointment (Mr. Jebadiah Ross)

Type                     Action (Consent)

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            No

Budgeted                 No

Recommended              Staff recommends the Board reappoint Jebadiah Ross to the Citizens' Bond Oversight
Action                   Committee (CBOC).

Goals                        2a. Safe, Secure and Healthy Learning Environments

Purpose: By taking this action, the Board will reappoint one member, Jebadiah Ross, to the Citizens' Bond Oversight Committee (CBOC) to a second term beginning July 1, 2020 and expiring June 30, 2022.

Background: NUSD Board Administrative Regulation 7214 (for General Obligation Bonds) permits members of the CBOC to serve a maximum of three 2-year terms. Mr. Ross has expressed an interest in returning for a second term. The Board meeting at which he was appointed for the first term was August 15, 2019. His community representation is as a Parent/Guardian of Child Enrolled in District AND Active Member of a District Parent-Teacher Organization. He is a current member of the CBOC.

15.7 CBOC Member Reappointment (Mr. Tony Doot)

Type                     Action

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Recommended              Staff recommends the Board reappoint Tony Doot to the Citizens' Bond Oversight
Action                   Committee (CBOC) beginning July 1, 2020 to June 30, 2022.
Goals                        2a. Safe, Secure and Healthy Learning Environments

Purpose: By taking this action, the Board will reappoint one member, Tony Doot, to the Citizens' Bond Oversight Committee (CBOC) to a second term beginning July 1, 2020, and expiring June 30, 2022.

Background: NUSD Board Administrative Regulation 7214 (for General Obligation Bonds) permits members of the CBOC to serve a maximum of three 2-year terms. Mr. Doot has expressed an interest in returning for a second term. The Board meeting at which he was appointed for the first term was August 21, 2018. His community representation is as a Business Organization. He is a current member of the CBOC.

15.8 Quarterly Report on Contracts - FY 2019-20, 4th Quarter

Type                     Action (Consent)

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            No

Recommended              Staff recommends the Board receive the Quarterly Report on Contracts.
Action

Goals                        2a. Safe, Secure and Healthy Learning Environments

Purpose: These quarterly reports on contracts are submitted to the Board for review.

Background: The Board has requested a report of all contracts for services over $10,000 be reviewed by the Board on a quarterly basis. This report only includes contracts that have not been previously approved by the Board.

This report lists contracts from the 4th Quarter of FY 2019-20 (April, May, June 2020).

Contracts are on file in the Business Office.

File Attachments Contracts 4th Quarter 2019-20.pdf (65 KB)

15.9 Mental Health Clinician

Type                     Action

Preferred Date           Aug 06, 2020
Absolute Date              Aug 06, 2020

Fiscal Impact              Yes

Dollar Amount              $74,000.00

Budgeted                   Yes

Budget Source              LCFF

Recommended                Staff recommends approval of the contract.
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.

Purpose: Mr. Mark Bishop serves as a Mental Health Clinician supporting the students at Newark Memorial High School. This contract is for his continued service and work for the 2020-2021 school year.

Background:

Newark Memorial High School (NMHS) will provide individual therapy to students as part of the school's Coordination of Services Team (COST) referral process. Mr. Mark Bishop, a clinical health clinician, will provide individual therapy with a case load of 20-25 students and will also support the school with crisis mental health support for the whole student body along with supporting the referrals from the COST. This work will be accomplished under the direction of the Principal.

File Attachments Contract Mark Bishop.pdf (548 KB)

15.10 MOU with Alameda County Behavioral Health Care Services

Type                       Action (Consent)

Preferred Date             Aug 06, 2020

Absolute Date              Aug 06, 2020

Fiscal Impact              Yes

Dollar Amount              $70,500.00

Budgeted                   Yes

Budget Source              010-5825-6512-5001-3120-900-50--522, 010-5100-6512-5001-3120-900-50--522,
                           010-5100-3327-5001-3120-900-50--522

Goals                         1a. Student Achievement

Purpose: The administration recommends authorization to enter into a MOU between Behavioral Health Care Services (BHCS), Alameda County Health Care Services Agency (ACHCS), and Newark Unified School District to provide for the coordination and provision of Educationally Related Mental Health Services (ERMHS) for NUSD students who require mental health related services as part of their Individualized Education Program (IEP) that are provided by BHCS. The MOU will specify the terms and conditions for the provision of the mental health services through the Alameda County Behavioral Health Care Services (ACBHCS), which were previously known as AB 3632 services, and are now known as Educationally Related Mental Health.

Background:

A legislative change in 2011 shifted the funding and responsibility for educationally related mental health services from county offices to school districts. Alameda County is one vendor that Newark Unified School District uses to meet IEP driven counseling needs.

Year Alameda County Behavioral Healthcare Services Expenditures 2013-14 $194,590 2014-15 $34,480 2015-16 $71,001 2016-17 $14,594 2017-18 $9,510 2018-19 $21,211

File Attachments ERMHS MOU NUSD 2017-2019FULLY EXECUTED.pdf (895 KB)

15.11 Master Contract between AchieveKids and NUSD

Type                     Action (Consent)

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            Yes

Dollar Amount            $273,749.76

Budgeted                 Yes

Budget Source            010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178,
                         010-5100-6500-5750-3150-500-50--178, 010-5100-6500-5750-3190-500-50--178

Recommended              The staff recommends the Board ratify the Master Contract.
Action

Goals                        1a. Student Achievement

Purpose: To ratify the Master Contract with Achieve Kids for day treatment services for the 2020-21 school year.

Background: NUSD students require a lower student to staff ratio in a highly intensive individualized program in order to meet the students' unique needs per the consented Individualized Education Programs (IEPs). File Attachments MC AchieveKids_NUSD 20-21.pdf (253 KB)

15.12 Individual Service Agreement - AchieveKids ISA 21-02a

Type                       Action (Consent)

Preferred Date             Aug 06, 2020

Absolute Date              Aug 06, 2020

Fiscal Impact              Yes

Dollar Amount              $97,664.00

Budgeted                   Yes

Budget Source              010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178,
                           010-5100-6512-5750-1180-500-50- -178

Recommended                The staff recommends the Board ratify the Agreement.
Action

Goals                         1a. Student Achievement

Purpose: 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 ISA 21-02a_Redacted.pdf (45 KB)

15.13 Individual Service Agreement - AchieveKids ISA 21-02b

Type                       Action (Consent)

Preferred Date             Aug 06, 2020

Absolute Date              Aug 06, 2020

Fiscal Impact              Yes

Dollar Amount              $86,120.00

Budgeted                   Yes

Budget Source              010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178,
                           010-5100-6512-5750-1180-500-50- -178

Recommended                The staff recommends the Board ratify the Agreement.
Action

Goals                         1a. Student Achievement

Purpose: 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 ISA 21-02b 6.29.20 - 6.30.20_Redacted.pdf (44 KB) ISA 21-02b_Redacted.pdf (44 KB)

15.14 Individual Service Agreement - AchieveKids ISA 21-02c

Type                       Action (Consent)

Preferred Date             Aug 06, 2020

Absolute Date              Aug 06, 2020

Fiscal Impact              Yes

Dollar Amount              $89,965.76

Budgeted                   Yes

Budget Source              010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178,
                           010-5100-6500-5750-3150-500-50--178, 010-5100-6500-5750-3120-500-50- -178

Recommended                The staff recommends the Board ratify the Agreement.
Action

Goals                         1a. Student Achievement

Purpose: 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 ISA 21-02c_Redacted.pdf (68 KB)

15.15 Master Contract between Anova and NUSD

Type                     Action (Consent)

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            Yes

Dollar Amount            $154,140.00

Budgeted                 Yes

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 Master Contract.
Action

Goals                        1a. Student Achievement

Purpose: To ratify the Master Contract with Anova Center for Education for day treatment services for the 2020-21 school year.

Background: This NUSD student requires a lower student-to-staff ratio in a highly intensive individualized program in order to meet the student's unique needs, per the consented Individualized Education Program (IEP). This Non-Public School (NPS) will provide a high quality program and is significantly less expensive than similar schools that serve students with the same needs.

File Attachments MC Anova_ NUSD 20-21.pdf (252 KB)

15.16 Individual Service Agreement - Anova ISA 21-03a

Type                     Action (Consent)

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            Yes

Dollar Amount            $55,020.00

Budgeted                 Yes
Budget Source              010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178,
                           010-5100-6500-5750-3150-500-50--178, 010-5100-6500-5750-3190-500-50--178

Recommended                The staff recommends the Board ratify the Agreement.
Action

Goals                         1a. Student Achievement

Purpose: 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 Anova ISA 21-03a_Redacted.pdf (44 KB)

15.17 Individual Service Agreement - Anova ISA 21-03b

Type                       Action (Consent)

Preferred Date             Aug 06, 2020

Absolute Date              Aug 06, 2020

Fiscal Impact              Yes

Dollar Amount              $99,120.00

Budgeted                   Yes

Budget Source
                           010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178,
                           010-5100-6500-5750-3150-500-50--178, 010-5100-6500-5750-3190-500-50--178

Recommended                The staff recommends the Board ratify the Agreement.
Action

Goals                         1a. Student Achievement

Purpose: 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 Anova ISA 21-03b_Redacted.pdf (42 KB)

15.18 Master Contract between Esther B. Clark and NUSD

Type                       Action (Consent)

Preferred Date             Aug 06, 2020

Absolute Date              Aug 06, 2020

Fiscal Impact              Yes

Dollar Amount              $82,080.00

Budgeted                   Yes
Budget Source            010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178,
                         010-5100-6512-5150-1180-500-50--178

Recommended              The staff recommends the Board ratify the Master Contract.
Action

Goals                        1a. Student Achievement

Purpose: To ratify the Master Contract with Esther B. Clark for day treatment services for the 2020-21 school year.

Background: NUSD students require a lower student to staff ratio in a highly intensive individualized program in order to meet the students' unique needs per the consented Individualized Education Programs (IEPs).

File Attachments MC Esther B. Clark_NUSD 2020-21.pdf (275 KB)

15.19 Individual Service Agreement - Esther B. Clark ISA 21-05a

Type                     Action (Consent)

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Fiscal Impact            Yes

Dollar Amount            $82,080.00

Budgeted                 Yes

Budget Source            010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178,
                         010-5100-6512-5750-1180-500-50- -178

Recommended              The staff recommends the Board ratify the Agreement.
Action

Goals                        1a. Student Achievement

Purpose: 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 ISA 21-05a EBC_Redacted.pdf (127 KB)

15.20 Master Contract between Pacific Autism Center for Education (PACE) and NUSD

Type                       Action (Consent)

Preferred Date             Aug 06, 2020

Absolute Date              Aug 06, 2020

Fiscal Impact              Yes

Dollar Amount              $244,540.00

Budgeted                   Yes

Budget Source              010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178,
                           010-5100-6500-5750-3150-500-50--178, 010-5100-6500-5750-3190-500-50--178

Recommended                The staff recommends the Board ratify the Master Contract.
Action

Goals                         1a. Student Achievement

Purpose: To ratify the Master Contract with Pacific Autism Center for Education for day treatment services for the 2020- 21 school year.

Background: These NUSD students requires a lower student-to-staff ratio in a highly intensive individualized program in order to meet the students' unique needs, per the consented Individualized Education Programs (IEPs).

File Attachments MC PACE_NUSD 2020-21.pdf (275 KB)

15.21 Individual Service Agreement - PACE ISA 21-04a

Type                       Action (Consent)

Preferred Date             Aug 06, 2020

Absolute Date              Aug 06, 2020

Fiscal Impact              Yes

Dollar Amount              $120,938.00

Budgeted                   Yes

Budget Source              010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178,
                           010-5100-6500-5750-3150-500-50--178, 010-5100-6500-5750-3190-500-50--178

Recommended                The staff recommends the Board ratify the Agreement.
Action

Goals                         1a. Student Achievement

Purpose: 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 PACE ISA 21-04a_Redacted.pdf (27 KB)

15.22 Individual Service Agreement - PACE ISA 21-04b

Type                       Action (Consent)

Preferred Date             Aug 06, 2020

Absolute Date              Aug 06, 2020

Fiscal Impact              Yes

Dollar Amount              $123,602.00

Budgeted                   Yes

Budget Source              010-5825-6500-5750-1180-500-50--178, 010-5100-6500-5750-1180-500-50--178,
                           010-5100-6500-5750-3150-500-50--178, 010-5100-6500-5750-3190-500-50--178

Recommended                The staff recommends the Board ratify the Agreement.
Action

Goals                         1a. Student Achievement

Purpose: 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 PACE ISA 21-04b_Redacted.pdf (27 KB)

15.23 Master Contract between Ed Sped and NUSD

Type                         Action (Consent)

Preferred Date               Aug 06, 2020

Absolute Date                Aug 20, 2020

Fiscal Impact                Yes

Dollar Amount                $333,000.00

Budgeted                     Yes

Budget Source                010-5825-6512-5001-3120-900-50- -522, 010-5100-6512-5001-3120-900-50- -522,
                             010-5100-0000-5001-3120-900-50- -522

Recommended                  The staff recommends the Board ratify the Master Contract.
Action

Goals                           1a. Student Achievement

Purpose: Ed Sped Solutions will provide a variety of related services assessments to ensure compliant practices in supporting students Individual Education Program (IEP). The services provided to Newark Unified School District are as follows:

Mental Health Therapist Ed Sped Solutions will provide therapeutic support to students per their IEP. Ed Sped Solutions mental health therapists will provide a fully credentialed that has attained a PPS Counseling license and have the expertise in providing individual, group, and family therapy.

Physical Therapy Ed Sped Solutions physical therapists work with students to improve strength, balance, coordination, and/or mobility. Physical Therapists are well trained to design and perform therapeutic interventions, including compensation, remediation and prevention strategies and adaptations, focusing on functional mobility and safe, efficient access and participation in educational activities and routines in natural learning environments.

School Psychologists Ed Sped Solutions will provide California licensed School psychologists are very well qualified to provide the support to meet the unique needs of the District. The school psychologists will provide evaluation support to the District for the assessment of students that do not attend NUSD school i.e. Residential Treatment Center (RTC), Non Public Schools (NPS), and Private School. They have also support the District by assisting with initial and pending assessments.

Assistive Technology Professional (ATP) Ed Sped Solutions will provide assistive technology assessments and services. A service provider will analyzes the needs of the students' with disabilities, assists in selection of appropriate assistive technology for the consumer's needs, and provides training in the use of the selected device(s).

Background: Related services and assessments are legally mandated per Individual Disability Education Act (IDEA). Without Ed Sped Solutions services Newark Unified School District would be out of compliance.

Should the Board approve this contract, Ed Sped Solutions would then provide four types of services:

1. Educationally Related Mental Health Services (ERMHS) are IEP driven counseling services (group and Individual) at our two therapeutic Special day Class (SDC) programs (one at the Junior High and one at the High school) serving 30 students.

2. Psycho-educational assessments for initial Special Education eligibility, triennial assessment of continued eligibility, and Educationally Related Mental Health assessments.

3. Assistive Technology assessments to support students' learning needs. The District currently has 12 pending assessments.

4. Physical Therapist assessment to support students' needs in the educational setting. The fiscal impact:

5. Ed Sped Solutions will provide a Marriage Family therapist to conduct IEP driven group and individual counseling for the 30 students in the District's therapeutic Special day Classes at the Junior High and High School. The cost for the year for this portion of the contract is $133,000 of this cost is paid from restricted state mental health funds and not the general fund.

6. Ed Sped Solutions will assess and provide services for the following: Psychical Therapy, Assistive Technology Professional (ATP) and Psychoeducational Assessments. The total cost of services will be $200,000.

There are currently 7pending assessments projected to be uncovered by current staffing in Special Education. The cost of these assessments will be $ 200,000 There is an increase in the anticipated need for assessments this year due to a bubble of pre school students that will require a full reassessments. There are currently 29 pending preschool assessments. Additionally, due to the closure of District school sin March there are now 18 initial assessments pending for the beginning of the school year and over 200 pending assessments for the 20/21 school year.

The total cost of the Ed Sped Solutions contract will be $333,000. This is a saving of $135,000 from the previous school year for contractual services.

File Attachments MC Ed Sped_NUSD 2020-21.pdf (253 KB)

15.24 Warrant Report for June 2020

Type                       Action (Consent)

Preferred Date             Aug 06, 2020

Absolute Date              Aug 06, 2020

Fiscal Impact              No

Budgeted                   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 June 2020.

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 June 2020 AP Warrant Board Report.pdf (261 KB)

15.25 Williams Uniform Complaint Quarterly Report April 1 to June 30, 2020

Type                     Action (Consent)

Preferred Date           Aug 06, 2020

Absolute Date            Aug 06, 2020

Recommended              Staff recommends the Board of Education approve the Williams Uniform Complaint
Action                   Quarterly Report for the period of April 1, 2020 to June 30, 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 April 1, 2020 to June 30, 2020.

File Attachments Q121 UCP Report.pdf (393 KB)

16. BOARD OF EDUCATION - COMMITTEE REPORTS, ANNOUNCEMENTS, REQUESTS, DEBRIEF AND DISCUSSION

16.1 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

16.2 Board of Education Announcements, Requests, Debrief and Discussion

                         DEBRIEF AND DISCUSSION

Type                     Information

17. SUPERINTENDENT'S CONCLUDING COMMENTS, UPDATES FOR THE BOARD AND FUTURE AGENDA REQUESTS

17.1 Superintendent's Concluding Comments, Updates for the Board and Future Agenda Requests

                         FUTURE AGENDA REQUESTS

Type                     Information

18. ADJOURNMENT

18.1 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.

No minutes available.