Regular Meeting

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[1] SPEAKER_38: And President Martinez.

[3] Elisa Martinez: Here. Thank you so much. And with that, we move to item two, which is the approval of the agenda. So before we make a motion to approve, are there any modifications, changes of order that anybody has a request?

[21] SPEAKER_14: Yes, good evening, President Martinez. Good evening, board members. Yeah, I'd like to, the district would like to pull 15.6, 15.7 and 15.8 for this evening, please.

[38] Bowen Zhang: And what is the reason for that?

[41] SPEAKER_11: The reason, should we talk about that right now? Is that?

[44] Elisa Martinez: No, no.

[45] SPEAKER_11: Okay.

[45] Elisa Martinez: So if you'd like to pull it, we'll pull it. Okay. Any other item? Any other change? Okay. So I would please entertain a motion to approve the agenda with the modifications made by Superintendent Triplett, which are the removal of items 15.6, 15.7 and 15.8. I move to approve the agenda.

[80] Phuong Nguyen: with without items 15.6, 15.7, 15.8. Second.

[91] Elisa Martinez: Okay, member Nguyen moved. I believe I heard member Rodriguez second first. So if Ms. Rodriguez, if you can call for the vote, please. Are we doing this on BoardDocs or are we doing it by hand?

[110] SPEAKER_38: We'll do that. We'll do this one by hand. And then upon return, I think that way everybody has enough enough time to pull a board at this point. Member Nguyen?

[123] SPEAKER_27: Yes.

[125] SPEAKER_38: Member John?

[126] Bowen Zhang: Yes.

[128] SPEAKER_38: Member Rodriguez?

[129] SPEAKER_29: Yes.

[131] SPEAKER_38: And President Martinez?

[132] Elisa Martinez: Yes. Thank you. So the motion carries and the agenda is approved with the modifications made by the district staff. Okay, do we have any item 2.2 public comment and closed session items? Do we have anything there? None. Okay, thank you. And so with that, we recess to closed session at 6.04 p.m. We'll see you upon return. Thank you.

[196] SPEAKER_38: At this point, Member Rodriguez, if you can go on to the closed session link that President Martinez sent, please.

[3458] SPEAKER_37: um um

[3502] Elisa Martinez: Okay are we not we're not live yet correct? Yes we are. Oh yes okay. All right. Thank you and welcome. Welcome to those who are joining us for open session. We are just reconvening from closed session. It is seven o'clock exactly. And before I do report back from closed session items, I'd like to ask everyone to stand for the Pledge of Allegiance, please. And I will ask actually our student board member, Mr. Salemi to join us, to lead us. I'm sorry, in the pledge, is that okay? I'm sorry that I'm catching you off guard.

[3553] SPEAKER_41: Yeah, that's fine. Okay. 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, liberty and justice for all.

[3580] Elisa Martinez: Thank you so much. Okay, and I do have one item to report on from closed session and I'm going to try to get the verbiage right. I don't always follow along as closely as I should. In closed session with a motion from member Nguyen and a second from member Rodriguez, the board unanimously approved an agreement with and release of claims with district employee Marcus Allen for the amount of $7,203.26. And that was the only reportable action taken in closed session. Thank you. And before we move on to the next item, I just wanted to remind everyone who's joining us that there are a couple of different ways to submit comment, public comment to us. You could either submit written public comment, and those comments are due the Wednesday preceding the Thursday board meeting. Those are due at Wednesday at 5 p.m. And when you email please email public comment at Newark unified.org and you should please write written public comment on the subject line. If you would like to provide live comment during the meeting. If you could please submit those public comments. Again, public comment, Newark Unified, and the subject line should read live public comment. And those are due at, by 1 p.m. the day of the meeting. And then once those are acknowledged, you will receive a link to be able to join the Zoom meeting. The other thing that you can do is to, if you're not interested in providing comment, you don't have to join the Zoom meeting. You can watch us on our YouTube channel. And as again, just as a reminder, as with in-person meetings, the board respects the right of the public to comment on board matters. The content of messages should be civil and appropriate for a public meeting of a school district governing board. Employees who are defamed by a public comment may be entitled to pursue legal action against those who engage in such speech. in compliance with the American and Disabilities Act and upon request individuals who require appropriate alternative modification of the agenda or accommodations in order to observe or participate in the board meetings are invited to contact Ms. Lucia Gutierrez at lguterrez at newarkunified.org by noon on the Monday preceding the meeting. So thank you. I will try to remind again, I know all that information is on the website, but I like to periodically just remind folks during the live meetings. Okay. So thank you for indulging me on those announcements. And with that, we move to item six, which is the student report. Superintendent, please.

[3772] SPEAKER_14: Thank you very much, President Martinez. Good evening, board members, community staff. So it's my honor to introduce our first student representative.

[3784] SPEAKER_11: And Miss Gutierrez, do we already have all the student members in the room?

[3793] SPEAKER_38: Miss Marilyn Rollins hasn't been able to join, so we're hoping she'll be able to join by the time her name comes up. But Rachel is on the list. So if Rachel can please move to a panelist in the meantime.

[3811] SPEAKER_14: Great, thank you. So as she's coming in, so first I'm introducing this Rachel Ristan. She is the vice president of the ASP at Newark Junior High School. We're delighted to have her here.

[3829] SPEAKER_07: Hi, my name is Rachel stew and I am the Newark junior high school Vice President and today i'm going to talk to you about what the ASP leadership class has been doing since the last report in September. Our tech and marketing committee created a weekly quiz in which students are able to compete with each other and win cool prizes. Students answer a short themed quiz. Our theme this week was Disney movies. And the first three students to submit the correct answers will win Newark Junior High School apparel, such as sweatshirts and t-shirts. A vast amount of students took part in the quiz and it turned out to be a huge success and we plan to do it every week. Our activities committee has planned a spirit week to be the last week of October, so that way can correspond with Halloween and our last day which is Friday will be a costume contest. Our class also learned the basics of taking and editing photos, so we can begin creating the yearbook, which is the sole responsibility of our leadership class. If anyone who has a student at Newark Junior High School has any pictures from fun things they did over the summer, or if they have any pictures from the beginning of the school year, please email them to Mr. Whitaker because we need a lot more photos in order for this to happen. And October is National Bully Prevention Month. And every year, our visual arts teacher, Ms. Chavez, hosts an annual poster contest where students can create a poster displaying an anti-bully message. The winning posters will be displayed virtually this month. And that concludes my student report. Thank you.

[3917] SPEAKER_14: Thank you very much, Ms. Ristow. Next up, we have our student representative from Bridgepoint. Is Ms. Marilyn Rollins available yet?

[3928] SPEAKER_38: Dr. Triplett, Ms. Rawlings has not logged on and Ms. Calderon did send a message that she's hoping she would be able to take a break from her job. So if she pops in, I will let you know, but as of now, she's not logged in.

[3942] SPEAKER_14: Okay, thank you. We'll make space for her as she's able to make it. Lastly, but certainly not least, I'd like to introduce our very own student board member from Newark Memorial High School, Mr. Wahab Salemi.

[3959] SPEAKER_41: Good evening, members of the board, executive cabinet, students, staff, and community members. There's a lot happening at Newark Memorial High School, and I'm happy to have the opportunity to share that with you all. We have started the process of getting clubs up and going at Newark Memorial High School, and we held a virtual club rush day on the 25th for representatives from each club to get the chance to make the case for why students should join their club. Students got the chance to see the different clubs offered and which ones they'd like to join. The marketing team, along with administrators, are working really hard on our new website, and I'm really proud of the work that has been done so far. We're also planning some freshman game nights. For example, Link Crew held their first game night with freshmen on the 25th, where students got the opportunity to play Kahoot. Then they went into different breakout rooms to play different games. On October 30th, we are hoping to hold a virtual Halloween assembly. The assemblies committee and tech video committee is working super hard to get this done for our peers. They are doing an awesome job and taking charge of this project. We will be streaming this on our YouTube page, and I invite you all to watch as well. On the 28th of October, NMHS will be hosting a Halloween-inspired Wellness Wednesday event to help students focus on their mental well-being. We are also currently in the middle of our first virtual Spirit Week event of the year. Since a lot of us are not feeling 2020, we decided to travel back in time with the Decades Week. On Monday, we had 80s Day and the Kahoot Trivia at lunch. Tuesday was 90s Day. Wednesday, we took it back to the early 2000s. Today is Throwback Thursday, where students recreated an old picture of themselves. Tomorrow is Futuristic Friday, and we'll also be hosting a virtual movie night where we're going to watch Back to the Future 2. FAFSA applications are also open, and I encourage our seniors to get on that as fast as they can today. they're open today. On October 13th, we have our NMHS PTSA meeting. On October 27th, we have coffee with the principal. And for more information and in-depth information about what's happening at NMHS, I would direct our families that attend and their students to Ms. Rangel's weekly updates. The Athletic Committee will be kickstarting their social media campaign for this month, beginning today, which is going to be about breast cancer awareness. And on that note, I would like to say to all those who are going through their battle with cancer or have already had their battle with cancer to stay strong and that you got this. Speaking of athletics, New Memorial High School athletics is in week three of phase one of the return to activity plan where fall sports students, athletes, and coaches have been participating in voluntary pre-season conditioning workouts. Workouts are currently three days a week with one hour time limit and staggered to start times and end times in mandatory screening and temperature checks. We currently have approximately 150 student athletes participating in workout pods with a maximum of 14 students and one coach. On the 13th, we plan to move to phase two of the return to activity plan, which will include some spring sports two days a week. We'll be hosting an orientation for families interested in phase two on Thursday, October 8th at 6.30 PM via Zoom. Also, Newark Memorial Athletics has been awarded the National Safe Sports School Award. This award recognizes secondary schools around the country that take crucial steps to keep their athletes free from injuries and have an excellent emergency preparedness team in place during sports involving local EMS, county fire departments, as well as on-campus certified athletic trainers. Newark Memorial was awarded a First Team Award, which means we have verified both required and recommended elements of planning. Prior to Newark Memorial receiving this award, only two public schools and seven private schools in the Bay Area slash Northern California had received this award. Special thanks to Wendell Velasquez, our athletics trainer, for his hard work. And that's my report for the night. Thank you guys for listening.

[4218] SPEAKER_14: Thank you, student member.

[4219] SPEAKER_37: Go ahead.

[4228] SPEAKER_14: Yeah, I was just appreciating student member Salemi. Ms. Gutierrez, do we have our final speaker?

[4235] SPEAKER_38: Nothing from Ms. Rollins.

[4237] SPEAKER_14: OK, thank you.

[4239] Elisa Martinez: I will give it a few more seconds. I actually wanted to correct myself from earlier process with regards to if that's OK. And that gives Ms. Rollins hopefully a couple of minutes to join. before adjourning to closed session, I did not read out, again, those items are on the agenda. And if anybody ever wonders when we adjourn to closed session, what we'll be discussing, they are posted on the agenda, again, 72 hours. But just following in current common practice, I will go ahead and review verbally what we discussed. And those were items 3.1 Public Employee Discipline Dismissal Release, 3.2 Conference with Labor Negotiator, Employee Organizations, NTA, and CSCA. 3.3 is conference with labor negotiator NEWMA, unrepresented supervisors and contracted management. 3.4 is conference with legal counsel regarding existing litigation and 3.5 conference with legal counsel regarding anticipated litigation. Just wanted to tie those items up. Any, no luck yet? Okay. Unfortunately, no. Okay, thank you. And then I also did just want to issue an apology in advance in case my internet cuts out. I have been having really spotty connections, but I've asked member Zhang to proceed with the meeting if it takes me a little longer to reconnect if I am in fact dropped. So again, I apologize in advance for that. Okay, and with that, we move to then if we are complete with the student reports. We will move on to item seven, which is employee organizations. Ms. Gutierrez, do we have NTA lined up?

[4358] SPEAKER_38: Yes, we do. Mr. Abruzzi.

[4363] SPEAKER_36: He's.

[4370] Sean Abruzzi: OK, hold on a second. There we are. Can everyone hear me?

[4378] Penny DeLeon: Yep. Welcome.

[4380] Sean Abruzzi: Welcome, thank you. So today, some of the things that NTA wants to bring up would be class sizes. One of the things that came up was a class size where we had an average years in a fifth grade class, and we just wanted, and we brought that up to balance those classes out, but the district didn't want to, which is a $300 stipend for those teachers to be paid each month. when I was in negotiations with the district back when we were doing our CBA, one of the things that kept coming up was how the district was always in the hole. So it was just kind of weird how that happened. The other thing would be of how students are moved from in and out of classes. I always, NTA thought the process was that a parent would go to the principal. After that, the principal would bring the issue to the teacher. and then the principal will make the decision if the student is moved. In this process, this helps out so that these issues do not come up again, so that if there is an issue with a teacher and a student, they can be addressed and be developed. We have found out that one of our students got moved through the HR department and it was not explained why the student was moved. If this is the process that the district is doing, then I guess parents can just go right to the district instead of going to the sites. The other thing we wanted to bring up that came up to NTA's attention was the TOSA positions. These positions are, we thought, for teachers on special assignment to be helping out classroom teachers, and it's been bringing to NTA's attention that these positions are being used to help out the district office, so. Another thing we would like to bring up, an update. Last time I was here, we talked about the lead teachers positions. Those are definitely getting posted and we want to thank the district for putting those out there. One of the other issues that was brought up was the McGregor site, which still has not been solved. We have teachers teaching classes outside the credential areas. And when NTA asks, where are these consent forms? We still have not seen those consent forms. So we would like to know what the process is on that. And the last thing we have to bring up is we understand that there was a lot of Students with IEPs moved out of an RSP class into a regular class. These IEPs were brought up to NTA's attention that some of them needed a co-teaching position, and I was under the impression that we do not do co-teaching. So it would be important to understand of when we move students with IUPs to make sure we look at those IUPs and make sure that we are following those IUPs. That is a very, if we do not follow those IUPs, that is very, we can have some major lawsuits. NTA understands for the inclusion of these students, but we also want the district to follow the law too. And that's basically what NTA has. Thank you very much.

[4594] Elisa Martinez: Thank you, Mr. Abruzzi. Thank you. Ms. Gutierrez, do we have CSCA?

[4601] SPEAKER_38: Yes, we have Ms. Ulluses.

[4613] SPEAKER_16: There we go. Good evening, members of the board. I believe that the last time that I talked to you, I was telling you that we were, that Saturday, we're gonna have a benefit fair. Our benefit fair, this is our 10th one. And what it serves to have this fair is to, for members, our members, if they want to change their healthcare plan, they do it by October 1st. And so this gives them, having this fair, gives them an opportunity to determine which plan is best for them and their family. And so we had that on September 19th. It was very successful. It was online, but it still was very successful. We also had two room service trainings. One was on how to improve our making our meetings more effective and also the second one was on how to deal with strong emotions from different people on the job. It was a lady from back east and she was absolutely awesome and there were a lot of questions And I think she gave us some really good advice on how to deal with that. And I think that'll be helpful for all of us in upcoming, not only with our meetings, but other meetings that they participate in, and also how to deal with people that have different types of personalities and how to make their situation better. We had an executive board meeting on September 28th. At this time of the year, we're getting prepared for our elections. We have elections of our chapter officers every two years. So starting in October and November, we will be taking nominations for all of the chapter officer positions, negotiating team, and job stewards. And so we will be doing that in October and November, and then we will vote on the people running for the different offices in December. And they will be installed and take their position in January. We also worked on our budget. It's been taken to the chapter once. We will take it again twice to make sure that we've got everything covered and everybody has a clear understanding of what our budget is. We are also at this time working on the November elections. We are working on Proposition 15, which is a positive effect if we can get it through in the district. And we are doing phone banking and we are doing texting in behalf of Yes on Proposition 15. CSCA is going to be holding new classes for job stewards who would like to be trained on how to be a really good job, Stuart. That will be in October. We also are having a candidates night for the school board, Newark school board. And so that will be on October 5th. And we hope to have a number of our people participating in that candidates night. I think it's really important for people to know exactly who the candidates are. We also are continuing, today we had a meeting in EERC. We are working on a number of small issues and I think that we're being very successful there. We are still continuing to work on our number two MOU. It's not quite done, but I feel that we are heading in the right direction. And our next chapter meeting will be October 12th. As you can see, it's a busy time of the year. And I feel that it's been a very successful year and hopefully next year will be as well. So thank you very much. I appreciate you letting me give you a report. Thank you.

[4868] Elisa Martinez: Thank you, Ms. Eustace. And Ms. Gutierrez, somebody from NEWMA?

[4875] SPEAKER_38: Yes.

[4875] Elisa Martinez: OK, thank you.

[4877] SPEAKER_38: I have Ms. Catheerine Ingham-Watters.

[4888] SPEAKER_27: Good evening, Board President, Board Trustees, Superintendent Triplett, Executive Cabinet, and Newark community. I'm Catheerine Ingham-Watters, Principal at Birch Grove Intermediate and President of the NEWMA organization. So first of all, I understand later on the agenda tonight, the board will be considering a resolution for the week of the school administrator, which will be hopefully celebrated the week of October 12th and We would just like to share that we are pleased that Newark Unified School District school leaders are commended for their contributions towards student achievement. So thank you for considering that resolution. The other part is we talk a lot about the professional development that we support our teachers with. And so tonight we'd like to share a little bit about the professional development that our leaders are doing. So our NEWMA members not only support our students and district, but they dedicate both work and personal time to stay up to date on best practices for leadership and instruction. Our teams prioritize the pursuit of professional development that will help push them and our district forward. This year, our team members have pursued further knowledge supporting our three guiding principles, assessment for learning, rigorous instruction, and social emotional learning. Some trainings that we have participated in this year so far are Breakthrough Leadership from Striving to Thriving, Closing the Digital Gap, Curriculum and Instruction through the AXA Academy, SEAL During Distance Learning, Ongoing Southern Alameda County Consortium for Adult Ed, Inclusion Collaborative Fall Conference, Upcoming trainings include the Bayside Leadership Seminar, CARES Act funding for schools, and conversations on well-being and early childhood. As the year goes on, we will continue to pursue opportunities to strengthen and reinforce our leadership skills. We would like to thank our colleagues and peers for supporting each other in these pursuits. As always, we look forward to the upcoming work we can do with these new or reinforced skills. Thank you.

[5046] Elisa Martinez: Thank you, Ms. Ingham-Watters. Okay, and I believe that was our last organization, Ms. Gutierrez. Okay, and with that, we move to item eight, Staff Spotlight, Superintendent.

[5064] SPEAKER_14: Thank you, President Martinez. If you'll give me a moment, I'll bring up our slide deck for this.

[5072] SPEAKER_37: Let's see here.

[5084] SPEAKER_14: Great. So tonight we have three fantastic NUSD family members, staff members that we wanted to celebrate. First, we have, because it is, it has been Attendance Awareness Month in September, we wanted to highlight one of our outstanding attendance clerks. This is Michelle Charles. She's the attendance clerk. Oops, sorry. attendance clerk at Snow Elementary. I've actually not had the honor of meeting Michelle yet, but she was lifted up by many, many different colleagues and staff as being someone who we really needed to celebrate this month. I know Snow has been delighted to have her as an attendance clerk. She greets all the visitors with kindness. She provides care and attention to the students. She diligently monitors attendance, highly motivated, and since distance learning she has provided regular communication to teachers, the principal, families. She helps students get connected and stay connected to virtual classrooms and assignments, and she's a proud Newark Memorial High School graduate, a student-athlete, and an involved parent with a son at the junior high, a son at the high school, and a daughter in elementary. So please join me in a silent clap celebration and appreciation of Ms. Charles. Next, I wanted to appreciate a teacher which I had the honor of visiting his classroom. This is Mr. Tristan a shoving, he actually his father's also a part of Newark unified and is at music elementary. But this Sheving, Sheving Junior, is an English teacher at the junior high. He's also the anime club advisor. When I visited his class, it was the seventh grade English class, I noticed students honing their skills with creative writing, super engaged in building character development for a story that they were making, really sharing profound ideas around character development. Mr. Sheving uses technology and humor to make class super fun and engaging. We got to witness him. He had designed a virtual wheel of fortune as a way of engaging kids in participating and maximizing their input. He also uses the breakout rooms in Zoom really well and allows students to engage with each other and learn from each other and not just from the teacher. So please join me in a silent celebration of Mr. Sheving. And last but certainly not least, I wanted to honor tonight one of our amazing principals, Dr. Wendy Castaneda-Leal. She's the principal at Schilling Elementary, which many of you probably know. So she's Schilling's outstanding principal. She goes the extra mile to support her students and families. She volunteers her time. I know I was with her during the family tech drive-thru on a Saturday when she'd come to volunteer time to support families. She hosts the food distribution, the mobile health clinic at her school, and soon will be hosting a dental mobile clinic as well. When she's not visiting classrooms to support teachers and students, she's tirelessly doing home visits to support families to get online and how to manage distance learning and support their child. She, I know Miss Ingham-Watters just spoke about professional development opportunities and Dr. Wendy's an excellent example of really seeking out outstanding professional development opportunities for herself and her staff. She also continues to lead a vision which is near and dear to my heart, and that is for Schilling to become the first dual language immersion program in NUSD. So please join me in celebrating Dr. Wendy. And those are our celebrations for tonight.

[5349] Elisa Martinez: Very good, thank you. Thank you, Superintendent, for sharing that. OK, and with that, we move to item nine, which is public comment on non-agenda items. Ms. Gutierrez, do we have speakers for tonight?

[5364] SPEAKER_38: Yes, let me look at our first speaker. The first speaker tonight is on public comment, Miss Cindy Parks. Miss Cindy Parks, you can unmute your mic.

[5386] Cindy Parks: Thank you. I would like to advocate for the staff and certificated and classified who are using new programs and platforms for instruction, yet have not received sufficient professional development or professional development or any professional development at all. They've been trying to do the best that they can without receiving the necessary training to provide the optimal instruction. On another note, all you have said that you support transparency. Transparency is one of your district's core standards in which it says you will conduct yourselves with openness and candor in all aspects of your work. I made a completely reasonable public records request on September 12th, 2020. My request for the reports that exist and for the most part were previously supplied to the school board or part of a staff report during board meetings. I was not deserving of this flippant response. The school and central office staff will be directed to rearrange their priority work serving students and families in order to comply with your personal request for information per government code. I'm surprised someone in a leadership position would ever make such a disrespectful statement and copy a subordinate. Furthermore, I did not receive within the required 10 days any type of determination letter whether my request in whole or in part seeks copies of disclosable public records in the possession of the agency. On September 25th, 2020, I sent a follow-up email informing the district my request was beyond the allocated 10 days. On Tuesday of this week, I received the following assurance. Currently, the team is reviewing the documents to determine which documents are disclosable to your request. I can assure you that I will be sending another email today to fulfill what has been made available to satisfy your request, while the remainder is being reviewed by our legal team. Yes, the email said reviewed by our legal team. This is a simple public records request. It has now been 19 days since I sent my request and the only records I have is an email thread. Is this the type of transparency this board supports? Thank you for your time.

[5521] Elisa Martinez: Thank you, Ms. Parks. Ms. Gutierrez, additional speaker.

[5530] SPEAKER_38: Yes President Martinez we have two more and the next one is Mr. Cary Knoop. Okay. Mr. Newp you can unmute your microphone.

[5560] Elisa Martinez: Okay.

[5561] SPEAKER_21: And I think I'm unmuted.

[5563] Elisa Martinez: Yep, you are. Welcome, Mr. New.

[5565] SPEAKER_21: Okay. Yeah, good evening, board members and staff, superintendent. First of all, I want to say something. The cutting off of members is uncalled for. What members have the right to ask questions? Obviously, ninety nine point nine nine percent of the time when staff or superintendents requests an item to be removed from the agenda, that will be granted. But it is the board's agenda. It is the board's meeting. And cutting off board members is just not done. I really hope that the president apologizes and sees that that is not correct. Furthermore, I believe that our superintendent is perfectly capable to formulate a reason for the removal request that is suitable for a public meeting. So again, I'm shocked to see that interruption. And unfortunately, I believe it is not the only incident. I think that our president, I believe that our president is overstepping her authority. She cuts off board members. She makes arbitrary rules in the school's consolidation committee. She makes unilateral decisions. And she doesn't grant board members requests to bring items back. But let's talk about more important things. What is this board talking about? The last few board members, I've seen a lot of, you know, what I call pride and praise and decorum shows. And of course, you need that. I mean, of course, people need to be, you know, recognized for things. I understand that. But if that's the only thing that's happening, we have a problem. Board members need to ask critical questions. They need to ask items to come up. What about the enrollment report? What about the status of distance learning? What about schools' reports for the summer, math programs, special programs? When I see the FCMAT report, I see zero questions from board members. When I see the actuals, with the exception of Mr. Zhang, No questions were asked. Your job is to ask the critical questions. And even if you know the answer, you need to bring it in the public purview. You have more information than the public. You need to bring things in the public. But again, having said that, there's one more important thing, and that's COVID-19. In the last few meetings, I have not heard a board member issue concern about reentry. We all hope we can go back to school. We need to bring this up. Even if you have daily meetings with the superintendent, you need to bring it in the public purview. You need your concerns. Do we have protocols? that, heaven forbid, if something happens, there are written down protocols. As a board member, you want to see these protocols with your own eyes. That's your fiscal responsibility. What about workshops? Have a workshop. Parents, teachers, they can voice their concerns about reentry.

[5755] SPEAKER_38: Thank you very much. The three minutes are up.

[5759] Elisa Martinez: Thank you, Mr. Knoop. And thank you, Ms. Gutierrez. Do we have it? I think you said we had a third. Yes. Speaker. Oh, you're on mute.

[5770] SPEAKER_38: Sorry. Sorry about that. Thank you. Yes. If we can move Mr. Knoop back to an attendee and then the next one will be Miss Cindy Thomas. Cindy Thomas. Sorry, Nancy Thomas.

[5785] Elisa Martinez: I thought you'd mentioned a different name. Thank you.

[5788] SPEAKER_38: Thank you for that. Ms. Thomas, you can unmute your mic. Yes.

[5798] Elisa Martinez: Welcome, Ms. Thomas.

[5800] Nancy Thomas: Thank you. Good evening, board members. Glenn Smith from the First Amendment Coalition recently said, and I quote, look, outside of the speed limit, the Brown Act is probably the most often violated law in California. One year ago, I sent you a cease and desist letter claiming Brown Act violations. At the time, You brushed aside my allegations saying there was no intent to deceive and that there was no violation because the items were pulled and no action was taken. Instead of acknowledging the serious nature of the issues I raised, you ignored them and you even launched a veiled criticism at me for the legal fees you had to pay. The public deserves better than that. It is disheartening to see the Brown Act ignored. The Brown Act is not just guidance. It is the law. It protects the public's right to know what you are doing. The public's input, my input, it should be embraced, not discouraged, ignored, criticized, or dismissed on obscure legal grounds. Since my original letter, you have violated the act at an even more rapid clip. To name a few examples. You failed to orally report the CBO salary and benefits when her contract was approved. You failed to report out the substance of settlements. You failed to announce items to be covered in closed session before adjourning to closed session. And you know what? You failed to do that again this evening. You failed to identify the position of an employee released in closed session, calling it an administrator instead of using a title like assistant principal. You announced a closed session action without saying what that action was, saying the board unanimously approved the staff recommendation. Well, what does that tell the public? You failed to physically post agendas for meetings at the district office. You failed to name the votes of individual board members on closed session items, saying the board voted 4 to 1 for something, but you failed to name the members and their votes. You failed to orally report salary and benefits and update executive contracts when executive salary schedules were approved. You failed to post a link from the homepage to the agenda within the required 72 hour window. You attempted to approve executive salary increases in a special meeting, which is against the act. Over my board tenure, I prevented many Brown Act violations by pointing out problems with agenda items so they could be pulled or corrected. Sometimes I feel that Cindy Parks and I are the only ones minding the store. Why is it that only she and I call these out? Why are you not policing one another? And why are staff members responsible for advising you, not making sure the act is followed? In closing, new board members will soon be elected. Those members will need Brown Act training, but they are not the only ones. You board members, your central office administrators, and their executive assistants need it as well. And thank you.

[5986] Elisa Martinez: Thank you, Ms. Thomas, for your comments. And with that, we move to item 10, which is the superintendent report.

[5996] SPEAKER_11: Thank you, President Martinez.

[5998] SPEAKER_14: Give me one moment to bring this up. Great. So this evening, we're going to talk about A number of different things. First of all, I wanted to, I think, I believe the board may, my memory might be failing me, but I believe the board asked for a report about the report out on the family technology drive-thrus that we had. So really wanted to give a chance to appreciate everyone who participated in these. We had two family drive-thru, technology drive-thrus one on September 19th, one on September 22nd, a Saturday and a Tuesday. And the goal is really to support families who were needing help in terms of navigating online learning, getting online, knowing how to navigate Zoom or Google for their student. So here you see a couple of pictures. We had volunteers from staff, from different schools. We had alumni from a Puente program that have already graduated from college. We had community members, including former board members. It was a really tremendous two-day event. 26 families attended during the two days and got support from all of those volunteers, and we, we now really like to think about what our next step is one of the things we're considering is offering additional. additional sessions, either again at Newark Memorial or possibly on other parts of the city to continue to support families who are challenged or struggling to get online or experiencing technological difficulties. So that's the report about that. I know also that the board wanted a report about enrollment. And every board meeting, I've tried to share out the current numbers. But I know the board was interested in seeing more specific numbers. So I brought that. Here we go. brought that today. So just take a moment to explain this and because as you can see there's a lot of numbers on here. So what you see is this is the enrollment numbers mapped out by school and then in totals as well. And what we wanted to do was show a little, give you all a sense of a little with comparative numbers based on last year projections and then current enrollment. So, the first column where you see, whoops, sorry, you can see my arrow, I believe, are the enrollment numbers from last year at approximately this time, September 13th, 2019. And so, that's actually CALPADS days, the 20-day count. And then you see in the next column, these are the projection numbers that were established during budgeting in the spring of last year. Actually, probably earlier than the spring, now that I think about it. So this is the projections for enrollment for the year. And then in the next column, you see the enrollment numbers as of the 28th, which was, what was that? I believe Tuesday. And so then the final column is you can see the difference between projections and current counts. And so we have it by school, but then if you go down to the bottom, you see that we're currently 79 students below what our projections were going to be for this year. I've mentioned it before that we were under our projections, but this I wanted to bring back like a really concrete number for you all to see. I actually just want to apologize a little bit. Last time I misspoke in terms of the number because I did a little bit of math wrong, but thankfully I got our experts in our enrollment office to verify and make sure that all of these are the actual numbers, including students with IPs. So the reason I think, obviously, it's important to note this, this year, we are not held accountable to the same funding per ADA that we normally would in a normal year. But nonetheless, these numbers are really important, and we need to monitor them all year long because we need to base our projections next year off of some really strong strong statistics, strong projections, and so it is cause for concern for us to be that below projections. We're obviously really hoping to be above projections and obviously there'll be an impact if we are this far below next year when we return to the ADA funding. I'm going to go through the whole presentation and then if there's any questions about any particular thing and then we can jump back. The second thing I wanted to share out is very new news this is right off of the of the presses as of this afternoon, and that is with regard to co it's a covert 19 update. and with regard to the California blueprint for a safer economy. As you recall last time when I spoke about the fact that we had as a county moved from the purple into the red tier and would need to maintain the statistics of the red tier for two weeks before the county would consider our eligibility in schools and school districts to begin planning for a reopening. Well, we as of this afternoon, there was an announcement by the county Department of Health, they updated their shelter in place orders for the county and so I'm going to go over really relatively quickly. What some of those that revision stated so. All of the revisions, and you can find them online in the County Health Department, this is revised and effective as of October 9th. So even though it's the first today, these won't go into effect until the 9th. Some general things that are now able to open with reduced capacity include libraries, museums, zoos, aquariums, indoor fitness and gyms, indoor hair salons and barbershops, and some other things as well. I'm not going to go into those because that's out of my purview, but I just wanted to give a little context. What I did want to talk more about is what they announced with regard to school reopening. So as you can see here, the parts in italics I just took directly from the health department, but worth reading. As of October 13th, The Health Department, in coordination with the Department of Education, has said that elementary schools, that being transitional kindergarten through sixth grade, that complete a COVID-19 health and safety reopening plan are permitted to open. That doesn't mean open in full, although it's not explicitly stated here but really the the implication is open into a hybrid model so that would be like a reduced capacity model. Alameda County will consider permitting middle schools and high schools in our case junior high and high schools. students to return to in-person education in four to 12-week phases as local disease conditions allow. So what that means is the county health department and the county department of ed are really structuring a reopening in a staggered way. So elementary coming back first, then middle or junior high, and then high school later on. And I think that's really based on data based on what they know about the the spread of the coronavirus and the lesser impact. and the less spreadability, if you will, of younger students, younger people. And also, it also is based on what we all know about the challenge of scheduling in the upper grades. In the younger grades, in elementary, it's really much easier to have small cohorts 16, 14 or less in bubbles that don't come into contact with any other students or adults for that matter throughout the day. Much more challenging in the secondary, not impossible, but much more challenging. And so I believe the county really wants to open in this way to really be cautious and safe. What will be required is that we will be required to notify, to post and submit reopening plans before we can reopen. But what's important to note is that the decision and the timing of reopening after October 13 really rests with the school district. And so that's a decision that we will be making. Of course, as always, we're going to be making these kind of decisions in partnership with our labor partners and would not make any sort of unilateral decisions about reopening without them. Couple last things I want to say about this is, I know that when these kind of announcements come out, people sometimes just read a part of it. And then they think they're hearing that, oh my God, we're all going back to school on October 13th. That's not the case. So we are not reopening on October 13th in Newark Unified School District. But October 13th is the date that the county will accept reopening plans. We do not intend, I do not anticipate that we will have the agreements with our labor partners nor the reopening plans ready to submit on October 13th. But what I what I do want to commit to here is that both the board and the the community that anytime we are in a position to reopen we would of course give at least two weeks advance notice and publicize two weeks in advance so that people are aware and can make plans themselves. So again, Newark Unified School District, not opening on October 13th. I'm just going to say it a couple times there. But the county is allowing school districts to begin that process starting on that date. The other thing that I know comes up for some families is there are some families, I've heard them say it to me directly, that are not going to be comfortable going back to in-person learning anytime soon, possibly not this year at all. And so what we want to really make sure that we are reassuring families that we will continue to have an online option for any family that needs it, for any family that is not ready to return to in-person learning for safety or health reasons. So we'll have more information about that to present to the board and to the public soon. But just wanted to reiterate that, that if a family is feeling that that's not safe when it is time to return, that we will continue to have an option for them. And then lastly, I just wanted to emphasize that we continue to prepare. We have a plethora of supplies and safety equipment. We've also developed our safety protocols already. We have our safety protocols and procedures in place. So although we're not jumping back into reopening, we are very prepared to do so when the time is right. And that's my presentation for tonight. Are there any questions from the board?

[6746] Elisa Martinez: Member Nguyen.

[6752] Phuong Nguyen: Thank you, Superintendent Triplett for the report. I do have a question in regards to the reopening plans. Will you be and staff be presenting town hall meetings like you did earlier in the early in the fall when we were getting ready to head back into school and in terms of distance learning, you had made some presentations. And also, although you had mentioned safety plans and protocols and that you have proper procedures in place, will they be outlined and available for community and family to be able to view those documentation and how you're preparing the classrooms and how are teachers and staff are going to be safe during this time of reopening when we do open and then. So those are those are my two questions, thank you.

[6811] SPEAKER_14: Thank you, everyone. Yes, the answer is yes to to both those. We're actually required, although we would do it anyway, but we are required to post all our safety plans and our reopening plans on our websites. But yeah, that's absolutely something we want to do early and often. And we will absolutely have engagement meetings with community as well as presenting to the board all of our plans and and continuing to get input from community on on what what they're prioritizing, what they really want, and any suggestions or ideas that they have for how we can do this.

[6850] Phuong Nguyen: And do you anticipate those meetings soon, coming up in the next, is there a timeline?

[6859] SPEAKER_14: We don't this news just today, so we haven't established any dates yet for for any of those engagements. I do engage every week. During I go to the parks, every week and engage with community members and discuss. discuss this and other issues. So I'm planning on continuing to do that. But then, yeah, we definitely will want to set up some times where we can do some online town hall type engagements to further speak to that.

[6891] Elisa Martinez: Superintendent if I may, you know member Nguyen asked some some of the questions I think there's quite a bit of different dimensions if we think about the original plan I think that was presented. Would it be possible as I look at the calendar where we have our next meeting on October the 15th would it be possible for us to see as a board what the comprehensive plan looks like? I recognize that it's not a completed one until all our labor partners agree, but it'd be great to just understand what are all the different dimensions and the target timings that you would have. Is that possible to do that in the next two weeks?

[6933] SPEAKER_14: We'd be happy to do that. Yeah, we can bring that on October 15th.

[6936] Elisa Martinez: Okay, and I'm just gonna look for shakes of the head from the rest of the board members that that's something that we would all want to have. Okay, I think I saw that. Okay, so at least three of us, I can't see member Rodriguez. Okay, thank you very much.

[6953] Bowen Zhang: So quick comment, it looks like there are, speaking of the reopening plan, it looks like there are two competing school of thoughts when it comes to who should come back first. So I've heard that there are some opinion saying, actually, the secondary should be the one coming back first, because they are mature enough to know that they shouldn't chase after each other. They shouldn't be kissing or hugging their teachers or each other. And obviously, the challenge regarding elementary school is, I see it very, very hard to control the kids not to play and chasing each other, not to hug their teachers. Because ultimately we all know the vulnerable people in this situation is the adults, it's not the teenagers, it's not the kids. So, yeah, continue. Yeah, I just want to hear yourself when it comes to, you know, we're going to bring that because in your plan we're bringing back I guess the youngest kids first.

[7008] SPEAKER_14: Yeah, there has been a lot of different discussion over the course of this pandemic about what's best, what's safest. This plan of staggering and starting with the elementary school is what has been developed by the Department of Health, and they're basing that on science, data. I do think that, I appreciate your lifting up a concern that I've had, that I've heard as well, around, well, younger kids may be harder to control in terms of like following the guidelines. We do have examples out there already of, for example, with our partners, Cadango, who do childcare, and they actually, they've been open on our sites since before school started, and it's been going very well. And we're already learning a lot from how they're conducting things. And those are the smallest kids, the youngest. But their processes and procedures and guidelines have been really strong. And so we have already incorporated some of the things that they developed into our own plans. But what's coming out is that the younger kids are actually doing quite a good job at maintaining social distancing, keeping their masks on, and following the guidelines. So it's encouraging. I also think that there is the the reduced risk of spread in the younger kids. And while data continues to evolve and change all the time, that is what the county health officials have indicated is something that will influence their decision.

[7126] Bowen Zhang: OK.

[7129] Elisa Martinez: Thank you, Member Jeong. Any other questions? OK.

[7136] SPEAKER_14: All right, thank you.

[7138] Elisa Martinez: And does that conclude your report, Superintendent?

[7141] SPEAKER_14: Yes, it does.

[7143] Elisa Martinez: Thank you very much.

[7144] SPEAKER_14: I was excited to talk a lot about sports as well, but Board Member Salami beat me to the punch, so I'm not going to talk about sports.

[7155] Elisa Martinez: Thank you. With that, we'll move to item 11, which is the staff report. 1.1 ACOE approval of NUSD 2021 adopted budget. Superintendent.

[7171] SPEAKER_38: Thank you very much. Sorry to interrupt, President Martinez. Just to let you know, we do have a speaker on this item.

[7180] Elisa Martinez: Thank you. We'll go ahead and have our public comment first. This is not an action item. It's just a staff report item. So let's go ahead and have our speaker speak.

[7192] SPEAKER_38: And the speaker, actually, I don't know if he's still available. This is a request made by Mr. Kerry New. Oh, he's available. Mr. New, you can unmute your mic and begin talking.

[7210] SPEAKER_21: Yes. I'm sorry, Superintendent Triplett of taking away the opportunity of talking when you were talking. Yes, I would just want to quickly talk about the letter. It seems a little bit unusual to me that letter because I've seen that as before. And they basically say well you got a clean bill of health or you're not you're qualified and you need to, you know, develop a plan. And, you know, bottom line is, you know, based on our actuals, the budget is good. The two years following is good. Of course, we're not in great position. Nobody's going to dispute that. But then they go on with a long list of stuff, pulling up resolutions from 2009, which, you know, by the way, is not to be found online anymore. I kind of request that it would be nice if the district office could put resolution 1774 online or make that available because we just can't find it. It's not available. It's too old. Um, and it, it all lingers around, uh, around this loan thing that fund 17 is loaned. And, um, you know, the way I look at it, it's like a checking and a savings account. I mean, the bottom line is the board can make a resolution next meeting saying, you know, while we. want to promptly pay back loans, it would never interfere with our bottom line. And, you know, I mean, there is really no hammer above us that says we have to pay back a loan in a certain timeframe. So I'm a little bit disturbed that this is all brought up as some big argument. I hope it's not going to be another closing school argument because again, you know, we have that money and the board can at any time decide to use that. So a little bit surprising that that detail is in the ACOE. And again, we want to be conservative and present our finances in the most accurate way, but we shouldn't go over that. And we shouldn't start making it more negative than it really is. And that's a little bit my concern with all the political pressures. of you know closing and then selling schools and then building a new school and moving the district office. There are forces in our city who want the only thing about curb appeal. They don't have kids in our district and they just think curb appeal is important and we want to make sure that we make the right decisions. Thank you.

[7372] Elisa Martinez: Thank you Mr. Knoop. Is that the only speaker Ms. Gutierrez? Yes. Okay thank you. And hand it back to you, superintendent.

[7382] SPEAKER_14: Thank you, President Martinez. So this next item is the this this happens every time that there is a situation with with the budget that that the county delivers a letter. sort of to help guide us and guide the board in decision-making. So I'm going to turn it over to our Chief Business Officer, Ms. Dela Cruz, in a moment. But I will say that I really want to encourage all of us to really pay attention to the words in the letter because there's definite things that we need to stay attentive to and Really, the bottom line is that we continue to have a structural deficit so we continue to have, we continue to spend more than we get in revenue. And that's just not responsible. And we have to continue to make really hard decisions to change that, because regardless of how much savings we may have in the quote unquote bank, if we are continuing to spend more than we receive, then we're just not being responsible with our finances. So I'll turn it over to Ms. Dela Cruz to speak more about this. But I will also say that this is something that we want to continue to speak with the board about. And we are hoping to have a study session at an upcoming board meeting where we really dive into the details of the FCMAT report. I know that the FCMAT report was presented by the FCMAT point person or lead. And we said at the time that what we would be doing is we coming back with some concrete steps that we are taking to address what's been brought up in the report. And so we do want to engage the board in that conversation during a study session at an upcoming meeting. But with that, I'm going to turn it over to Ms. Delacruz.

[7503] Marie dela Cruz: Thank you, Dr. Triplett. Ms. Gutierrez, am I able to share my screen?

[7508] SPEAKER_38: Yes, ma'am.

[7521] Marie dela Cruz: Yes?

[7524] SPEAKER_38: Yes, yes, you are.

[7542] Marie dela Cruz: Thank you. Good evening, President Martinez, board members, executive cabinet, and the community. I would just like to bring up the letters so that we can all kind of go through it together. So as you know, back in June, the board adopted the 2021 budget. And since then, the state enacted a budget and we've had a 45-day budget revision. So part of the review from the county does include our 45-day budget revision, since there were some significant changes since the budget was adopted. So good news. Based upon the county's review, our adopted budget for 2021 has been approved. And I'd like to review some of the highlights in their analysis. So based on their review, when they were looking at the original adopted budget, our multi-year projection showed that in the first year that we would be able to meet our minimum reserve requirement. But in the two subsequent years, we were showing negative unrestricted ending fund balances for each of the two years. So since then, the state did enact a budget that looked a lot better than the governor's May revision. However, because the subsequent year budgets are still very unpredictable, we're still not sure how the COVID is going to impact the economy. County is suggesting that we should plan for multiple scenarios, including the likelihood of decreases in revenues and also the possibility that we could continue getting cash deferrals as a way for the state to solve their deficit. So in the Multi-year projection, we had updated our assumptions based on the enacted state budget. But even with that, we were showing deficit spending of approximately $200,000 for next year, and then $1.8 million for the following year. Again, even with the enacted state budget looking better than the May revise, we're still showing a deficit because the new assumption still did not include any cost of living increase in our revenues. What the county is expecting because of the uncertainty of the next two years is that we would have resolutions that would specify expenditure reductions for next year and beyond, because we are still showing a deficit, and they're going to want to see detailed plans and timelines for implementation, just like we did last year. If you recall, we passed two resolutions last year to balance our budget, and those two resolutions included over $6 million in reductions. The FHCMAT report was also mentioned in the letter. The fiscal health risk analysis was reviewed with our board. And it did determine that we are at high risk of fiscal insolvency because we are continuing to experience declining enrollment and FHCMAT Highly encourages us to continue to make these hard decisions because we have to continually Look at our expenditures and how they compare to our revenues and in the next couple of years We are still projecting a deficit The county is committed to supporting us and uh, however, they they do expect us to Make these decisions so that the district can return to fiscal stability The inner fund borrowing. So in every review, whether it's the adopted budget, the first interim, second interim, third interim, the issue with the inner fund borrowing between fund 17, which was the reserve for emergency purposes, to the general fund has happened at least three times. And the expectation was that it would be paid back from future general fund budgets. Again, the county did mention this in the letter, and they're noticing that no progress has been made in repaying these funds and that this debt is still outstanding. So with any inner fund borrowing by Ed Code, there is a requirement that the funds and the monies are paid back within the same year. There is a little caveat in that if the transfer happens towards the end of the year, then you have so many days to pay it back in the following school year. Just as a reminder, the total that has been borrowed from Fund 17 is about five and a half million. So there was a million and a half almost in 08-09. another million in 15-17, and then 3 million in 17-18. The cash flow concerns, the state is deferring the cash that they're distributing to the districts as a way to save money on their end. And fortunately for us, we do have funds that will allow us to, again, temporarily hold us over during this time. So the cash deferrals, they're going to start in February of next year. And the deferrals will go on from February, March, April, May, and June. Right now, the estimate of the amount that we will be deferred for our district. It's about 36% of our total funding, which comes out to almost $19.5 million. So what we're going to have to do is temporarily borrow cash from our other funds, like our developer fees and our Fund 40, the capital reserves, capital outlay reserves, and possibly again for fund 17. We've already passed a resolution that the board is going to allow these inner fund borrowing. So they commended us for being proactive in that. And the county does acknowledge and express their appreciation to the district staff, the board and the community. for our continued diligence and hard work. So thank you. Are there any comments or questions?

[8047] Bowen Zhang: Speaking of interim borrowing, I thought it's the expectation of borrowing only for one year period, right?

[8057] SPEAKER_29: Yes.

[8059] Bowen Zhang: Because I know that our CBO, Mrs. Delacruz, just mentioned that the board approved the Interfund borrowing resolution. But also that the approval of that resolution every year is a form of formality. It's not really that there's a serious borrowing for several years. So I just hope we stay within that limit. It's a formality that happens every year. And then the borrowing period is within a year. You're going to pay back within the calendar

[8085] Marie dela Cruz: Yes, correct. By Ed Code, there's a requirement to pay it back within the same year, unless again, you know, the borrowing happens towards the end of the year, and then you have, I think it was two or three months to pay it back in the next fiscal year. And that's by Ed Code, and the resolution is a formality, but there's an Ed Code that supports that.

[8114] Elisa Martinez: Thank you for your question, Member Zhang. And Mr. La Cruz, the last time when we did discuss and approve the resolution, I believe I'd asked about whether we would be, when, how frequently we would be getting updates as to our progress in paying those back or what the form would be. Would you expect that we would see those updates during the interims or when will we expect to see how well we're doing and are we on track to pay you know, or move the money to the appropriate fund as we receive the revenues?

[8147] Marie dela Cruz: Yes, certainly. And I think I mentioned that in our interim reports and as part of our interim review process, the county expects us to show any funds that are borrowed in between inter fund borrowing. And so that would be a time where I could present to the board where we're at and if needed, more frequently, just to keep the board up to date. We haven't had to do any, obviously in the last, I'm not saying not any, but we do small amounts. For example, if our food service department is not bringing in the cash flow in a certain period, then maybe we need a couple hundred thousand to hold them over, then we would transfer that. Or the timing of when we get our cash from the state is not enough. So we do temporary borrowing, and we have always paid it back within two to three months.

[8218] Elisa Martinez: Got you. Thank you. Any other questions for Ms.dela Cruz on this item? Thank you. Thank you for your thorough review. And I think we've all seen that. And to your point, Superintendent Triplett, you know, there are a lot of items that we need to keep our eye on. And so sometimes we may have a little bit of good news here, but we need to look at the collective picture. So again, appreciate the overview, Ms.dela Cruz. Thank you. Okay, thank you. And with that, we move to item 11.2, which is the attendance reporting process.

[8256] SPEAKER_11: superintendent um and i believe um we're gonna have um miss leon enter um miss gutierrez yes she's available miss leon you can unmute yourself

[8273] SPEAKER_14: All right, so I'll just introduce Miss Leon. So this year, I think I've alluded to it in previous meetings, but this year with distance learning and shelter in place, attendance obviously looks very, very different. And so there are actually rules and laws created by the state legislator. around or about this, this difference, but they did not come out with the specific guidelines for those laws that were passed until after we had already entered the school year. So it's been, it's been a little bit challenging for all districts because we've had to sort of build the the new attendance plan while in session in school. But I really want to commend Ms. Leone and her team for putting together this and putting together a plan. And so we wanted to come in and share that with you tonight. And with that, I'll turn it over to Ms. Leone.

[8332] SPEAKER_24: Thank you, Superintendent Triplett. Good evening. board, executive cabinet, and community and I will be talking about the attendance protocol procedures. Ms. Gutierrez, can you share the PowerPoint please?

[8347] Vicenta Ditto: Okay.

[8351] SPEAKER_38: Do you see the the screen?

[8353] SPEAKER_24: I do, thank you. Okay, can you go to number two please? Okay, so Senate Bill 98 was signed this summer and talks about attendance and engagement. And this is the law that Dr. Triplett just mentioned. It states that we must document daily participation of each student on each school day. If the student does not attend the live instruction during distance learning, then they must be marked absent. Each district is also required to ensure weekly engagement record that is completed for each student participating in distance learning. Next, please. Attendance versus participation. So when we talk about attendance, it's when the student actually participates in the live session and participation is at this point, it's only for elementary and we have families with special circumstances where the student cannot be present in the live session, but is able to complete the work for the day that evening with a family member. So attendance, again, it's live session participation is completing the work at the end of the day. And I'll be going, a little bit more over that in another slide. Next please. Engagement. Teachers are taking attendance daily for elementary school and each period for secondary. Next please. So synchronous distance learning, just as a reminder, we're talking about the live session. In order for For a student to be marked present, the student must attend the live session with a visual attendance check-in and camera ready. If there's a barrier, then the parent should communicate with the teacher and participation with auditory or chat feature can be sufficient to mark the student present. If the student is late or leaving early, teachers should consider following up with the parent and informing attendance staff to assist with the follow-up. And after that also the district also assist with follow ups. Next please. So asynchronous distance learning. So that's when the student is working but he's not on the live on live session. He's working separately from the live session. So right now we have a special accommodation for elementary school only and it's by parent request only. If the student does not attend the mandatory scheduled live session for the day, an alternative attendance code participation may be used to mark the student as having participated. If the student attempts or completes independent activities on that attendance day. Usually these are parents who are essential workers and we want to make sure that students do engage. Sorry, I'm trying to. Okay, next please. So in order for us to log the student engagement district wide, Synergy has developed an engagement log and we have created an attendance and engagement subcommittee for that. I'm having a little bit of technical difficulty, sorry. I couldn't turn on the mic. Oh, there we go. Sorry about that. Next, please. So the attendance engagement subcommittee is comprised of the NTA president and members, administrators, the IT department, and the district office staff, including myself. This is the plan for rolling out the engagement log. On September 18th, our student information system was updated. On September 21st, we trained a group of teachers on how to fill out the engagement log. We will have a synergy system reboot. Then after that, we will have teachers beta test for one week. Following that, we will meet and discuss any challenges or glitches. And we will create a clear plan to roll out to teachers with clear expectations and training videos. Next, please. Any questions?

[8634] SPEAKER_41: I have one. Go ahead. Is the weekly engagement record that you mentioned earlier, is that specifically how much each student is participating in class, or is that just how often they attend the class?

[8651] SPEAKER_24: So the engagement report would be more whether the student completed the work or did not complete the work.

[8659] SPEAKER_41: OK, thank you.

[8660] SPEAKER_24: And I apologize for the camera. For some reason, I couldn't turn it on till the end. Any other questions?

[8671] Elisa Martinez: Thank you, Ms. Leon. I had a question just for, and following as a follow-up to our student board members question. I know that as parents, we received the letter. Do the, and I know specifically for secondary, there was the letter that was sent out. Did our students actually get a copy of those letters in their email as well, or only parents?

[8697] SPEAKER_24: I believe, For secondary, I'm not sure. I think it was only parents, but I could check. I'm not sure. I could check with the principals.

[8709] Elisa Martinez: And just in my opinion, I think, obviously, especially high school, because the letter was aimed at secondary. And I think it's good that they know, that parents know. And so we're on the same page. So that would just be a suggestion.

[8724] SPEAKER_24: Actually, I'll check with the principals. And if they haven't done so, we'll make sure we get it out to the students.

[8730] Elisa Martinez: You're right, maybe they did. I didn't ask my daughter. I should have done my homework first. But I'm just wondering if you knew.

[8736] Phuong Nguyen: I have a quick question. So although the information is inputted in Synergy, is there a way that the information is also put out into ParentVUE so that parents, when they're checking students, regularly on a weekly basis for performance. I know I checked my daughter's updates from their teachers on there. And it would be nice to see if there's, because there is, I believe there is attendance tied into ParentVUE. So will that information be available in there or moving forward or is it currently not available?

[8785] SPEAKER_24: So I would have to check with our IT department to see if once we start or we roll out the engagement log, if they'll be able, if we will be able to put it on ParentVUE so parents can access that information. So I need to follow up with IT.

[8800] Elisa Martinez: Okay, any other questions? And if not, I also miss Gutierrez. I'd just like to have the record show that member Rodriguez had to drop off. It just was he wasn't feeling well. So if we could just go ahead and make note of that.

[8825] Phuong Nguyen: Also, one last question, since we are logging this data and information, will it be reported out on the California dashboard for next for this year or

[8837] SPEAKER_24: Or is it still waived? So no, they're actually going to be reported. We have to report to the state chronic absenteeism. So I'm sure I'll be public somewhere, but we do have to report it to the state.

[8856] SPEAKER_14: I think, number one, I think we are still waiting to hear back whether or not it would actually be on the dashboard itself, but we have to report it.

[8866] Phuong Nguyen: Okay, no, because I was on there the other night doing some research and it said that it was only putting out information in regards to like the school site information, like their address and locations, but not necessarily have any pertinent data relating to that. So I was just curious because this was an update on the SB 98. So I know that it's all tied to that. So thank you.

[8897] Elisa Martinez: Thank you. Thank you, Member Nguyen. Okay, well thank you, Ms. Leon. I don't see any additional questions. Thank you for your report.

[8911] SPEAKER_24: Well, thank you. Have a great evening.

[8914] SPEAKER_11: Thanks, Ms. Leon.

[8917] Elisa Martinez: Okay and with that we move to item 12 which is a public hearing regarding sufficiency of instructional materials and with that we open the public hearing. Ms. Gutierrez do we have any comments on this item?

[8935] SPEAKER_38: Senator Martinez.

[8940] Elisa Martinez: Thank you. So with that, we close the public hearing regarding sufficiency of instructional materials. And therefore, we move to new business, which is first item is 13.1, resolution number 2021.010, week of the school administrator. May have a motion and a second to open this item, please.

[8970] Phuong Nguyen: I move that we open item 13.1 for discussion.

[8974] SPEAKER_37: I second it.

[8977] Elisa Martinez: Thank you and Ms. Gutierrez before staff presents do we have any public comment? Not on this item. Okay so I will hand this item to you Superintendent Triplett.

[8993] SPEAKER_11: Thank you, President Martinez.

[8996] SPEAKER_14: Principal Inglemire's made reference to this resolution earlier in the agenda. And what this really is, is sort of public declaration of an appreciation for the unbelievable work of administrators. I can say that until I became superintendent, I think I've deeply believe that being principal is the hardest job in the entire world now I'm rethinking that maybe superintendent is but not just kidding. I do, I do think that. Being a principal is an unbelievably difficult job. The weight and responsibility of taking care and ensuring the well-being of both students, staff, family, it's a tremendous thing. And it's also such an incredibly rewarding position. And I know this resolution not just calls out and celebrates principals, but other administrators as well. I don't know if board members have any questions, but after that, I think it'd be a great honor to read the resolution, if you choose to pass it.

[9070] Elisa Martinez: Any questions for our superintendent from our board members? If not, I would entertain a motion and a second to approve the staff recommendation to approve Resolution 2020-21.010. President Martinez, are we going to do board docs or should we do raise of hand? Actually, is everybody logged into board docs?

[9099] Bowen Zhang: Yes.

[9100] Elisa Martinez: OK. So let's do board docs. So first, thank you. So first the motion and the second, please.

[9109] Bowen Zhang: I move to approve resolution number 2020-21.010. Thank you.

[9113] SPEAKER_38: I have a second. Sorry, I thought we, sorry, just for clarity, I thought member Nguyen had already made the motion and member Zhang.

[9121] Elisa Martinez: Oh, sorry. So sorry, I needed to repeat this. I apologize for that. Sorry, member Zhang. It is a repeat of the motion on the table. Sorry. Go ahead, Ms. Gutierrez.

[9131] SPEAKER_38: Okay the motion is that staff recommends the Board of Education approve resolution number 2020-21- I mean sorry .010 to honor Newark Unified School District administrators during the second full week of October. Dates being October 12th to October 16th, 2020. Motion made by member Nguyen and second by member Zhang. I will be opening voting now.

[9157] Elisa Martinez: Okay, I will ask student member Salemi for his vote, please. How do you vote? Thank you.

[9167] SPEAKER_38: And the student board member can also vote on BoardDocs.

[9170] Elisa Martinez: Oh, he does have a login. I did not know that. Thank you. Next one, students. Member Salemi, I will have you vote first.

[9186] SPEAKER_38: Thank you. Just need your vote, President Martinez.

[9190] Elisa Martinez: Oh, I thought I did that. I just did. I saw it and I voted yay on it. Did not go through. My.

[9204] SPEAKER_38: It might be slow, but I if that's your vote, I can.

[9206] Elisa Martinez: My vote is yes. I do see it that it's that it's loading. Yes, it's OK. OK, thank you.

[9214] SPEAKER_38: So let me lock in the vote and then I'll show my screen.

[9217] Elisa Martinez: Thank you.

[9256] SPEAKER_38: So, vote's locked in. I have four yeas, including student members. Resolution passes.

[9266] Elisa Martinez: Thank you so much. Fantastic. Okay, and with that, I think it is a great idea that we go ahead and read the resolution. And I'd like to ask... I'd like to ask our student member Salemi to start us off please with maybe the title and then the first two whereas would be great.

[9301] SPEAKER_41: Week of the School Administrator. Whereas leadership matters for California's public education system and the more than six million students it serves. And whereas school administrators are passionate lifelong learners who believe in the value of quality public education and.

[9318] Elisa Martinez: Member Nguyen please.

[9321] Phuong Nguyen: Whereas the title school administrator is a board term used to define many education leadership posts superintendents assistant superintendents principals assistant principals special education and adult education leaders curriculum and assessment leaders school business officials Classified educational leaders and other school district employees are considered administrators and whereas providing quality service for student success is paramount for the profession and.

[9357] Bowen Zhang: Whereas most school administrators began their career as teachers, the average administrator has served in public education for more than a decade. Most of California superintendents have served in education for more than 20 years. Such experience is beneficial in their work to effectively and efficiently lead public education and improve student achievement. And whereas public schools create with lean management systems across the nation, public schools employ fewer managers and supervisors than most public and private sector industries, including transportation, food service, manufacturing, utilities, construction, publishing, and public administration, and?

[9389] Elisa Martinez: Superintendent?

[9392] SPEAKER_14: Whereas school leaders depend on a network of support from school communities, fellow administrators, teachers, parents, students, business, community members, board trustees, colleges and universities, community and faith-based organizations, elected officials, and district and county staff, and resources to promote ongoing student achievement and school success, And whereas research shows great schools are led by great principals and great districts are led by great superintendents, these site leaders are supported by extensive administrative networks throughout the state. And?

[9428] Elisa Martinez: Ms. Dela Cruz.

[9431] Marie dela Cruz: Whereas the state of California had declared the second full week of October as the week of the school administrator in Education Code 44015.1, and whereas the future of California's public education system depends upon the quality of its leadership. Now, therefore.

[9454] Elisa Martinez: Ms. Saavedra.

[9458] SPEAKER_36: Be it resolved by the governing board of the Newark Unified School District that all school leaders in the Newark Unified School District be commended for the contributions they make to successful student achievement. Congratulations.

[9474] Elisa Martinez: Is that a silent clap? No, absolutely. We are very glad and proud to pass this resolution to your earlier comments, Superintendent. specifically the role of the superintendent, absolutely very difficult as we are all seeing and we're learning together, but certainly to our site administrators, our district staff, all the folks that support the teaching that happens. We as parents are not easy. I'm sure that they would love to be able to focus on our kids and continue to give, but sometimes we as adults don't make it easy for you all. So thank you for your patience. Thank you for all your hard work. Thank you for everything that you do for our children and for our community and the leadership and role models that you are for us. So thank you so much.

[9535] SPEAKER_14: Thank you. And a huge shout out to all our NEWMA representatives and just a tremendous group of leaders. And it's an honor to be with them.

[9546] Elisa Martinez: Thank you so much. Okay, and with that, we move to item 13.2, resolution 2020-21.011, sufficiency of instructional materials. I have a motion and a second, please, to open this discussion item.

[9564] Bowen Zhang: I move that we adopt resolution 2020-21.011, declaring sufficiency of instructional materials for students.

[9574] Elisa Martinez: I have a second. I second. Thank you. And Ms. Gutierrez, before staff presents, do we have any public comment on this item? 13.2. No, no public comment. Okay, thank you. Okay, so I will hand this over to you, Superintendent.

[9599] SPEAKER_14: Thank you, President Martinez. And we do have here this evening our Director of Teaching and Learning, Mr. Dalewich. This item comes up every year. It's a requirement that we ensure that we have sufficient materials for all our students at all our grade levels. So I don't know, Mr. Dalewich, if you want to say a few words, and then we'll really turn it over to any questions that anyone has.

[9625] SPEAKER_29: Sure. Good evening, members of the board. As Dr. Triplett mentioned, and as you may be aware, during each academic year and prior to the eighth week of school, districts must verify that each student has received sufficient textbooks and instructional materials. Education Code Section 60119 states that sufficient textbooks or instructional materials means that each student has a standards-aligned textbook or equivalent instructional material for use. This specifically applies to four core subject areas, Language Arts, Mathematics, Science, and History. Educational services this year is verified with each school community, each principal, and the District Instructional Materials Center, that indeed all sufficient instructional materials and textbooks, including online, have been provided to our students, and we can confidently recommend that we approve the sufficiency resolution submitted before you this evening. Thank you.

[9683] Elisa Martinez: Thank you Mr. Dolowich. Any questions or comments from our board members. I just I have a process question Mr. Dulwich and I apologize that I did not send this in advance but it just from a process perspective I know that you know when we say we certify that we've got so is it each site that does the initial certification is it the teachers or is it the principal how do we get that in it you know the the serial certification if you will?

[9715] SPEAKER_29: Great question. So it is each principal. Each principal verifies with Educational Services. And then as the Director of Teaching and Learning, I verify with our Instructional Materials Center.

[9730] Elisa Martinez: Thank you. That's the only question I have. Okay. And so with that, if there are no further questions or comments, Ms. Gutierrez, can you please repeat the motion?

[9745] Phuong Nguyen: Oh, sorry. So when does this verification take place and when do you account for like the order of materials prior to distribution during the new school year?

[9762] SPEAKER_29: I missed the first part of that question.

[9764] Phuong Nguyen: Oh, sorry. I apologize. So my question is, so during the verification process prior to the new school year, when does the ordering materials usually take place and during that process?

[9781] SPEAKER_29: So the ordering of materials actually begins early summer. Usually, typically in May after our last curriculum council, we begin ordering materials. but we do have to verify enrollment numbers to get all of the materials correct. And then leading up to the first week of school, we begin the verification process with our principals.

[9808] Phuong Nguyen: Thank you. And I just wanted to say, I know that a lot of the teachers and on the school sites and at the high school, junior high and staff have been busy at the beginning of school year you know, arranging and distribution days. And I just wanted to say, you know, that they did a really great job of making sure that they were reaching out to parents and making sure that all the students did get their materials. So thank you.

[9836] SPEAKER_29: Absolutely. Especially the people on the front lines.

[9842] Elisa Martinez: Yes. And I apologize, member, when I hadn't seen it, you had a question. So I apologize. And Brijank, do you have any questions?

[9850] SPEAKER_37: No. Okay, thank you.

[9854] Elisa Martinez: Okay, with that, Ms. Gutierrez, if you could repeat the motion, please.

[9858] SPEAKER_38: Staff recommends the adoption of Resolution 2020-21.011, declaring sufficiency of instructional materials for students. The voting has been made available for you guys. Hopefully this will come in sooner.

[9877] Elisa Martinez: Okay. Sorry, and that was me.

[9882] Bowen Zhang: I asked to the member of both first.

[9885] SPEAKER_38: Yes, I will. As soon as everybody votes, I can request his his votes already in and I can got it. OK. Oh, actually, no, because it should it should it is symbolic. So I believe his his should be can his is in. So if you want to call his vote, President Martinez, I'll let you know what he said. Yes.

[9903] Elisa Martinez: Student member Salemi. So you voted, correct? Yes. OK, thank you. So would you share that, Ms. Gutierrez?

[9922] SPEAKER_38: Member Salami voted yes, and member Martinez, I have everybody else's vote. Yours is still probably pending, is that correct?

[9932] Elisa Martinez: I apologize. It's in. It's in perfect. Sorry I apologize I thought that I would see student members so let me first so um my fault there we'll get this board docs voting.

[9942] SPEAKER_38: No worries I understand and I will be locking in the votes If you can see my screen, final resolution motion made by member Zhang, second by member Nguyen, and four yes with one member Rodriguez not being present.

[9981] Elisa Martinez: Very good, thank you so much. Okay, and just for expediency, if you're all okay, we will not be reading this resolution out loud. Okay, thank you. So next item is 13.3, which is board policy 1312.3 and administrative regulation 1312.3, uniform complaint procedures. And can we, may we have a motion and a second on this item?

[10014] Bowen Zhang: I move to approve board policy 1312.3 and administrative regulation 1312.3, uniform complaint procedures.

[10022] Elisa Martinez: I second. Thank you, number one. Miss Gutierrez, do we have public comment on this item?

[10030] Guadalupe Lopez: No.

[10043] Elisa Martinez: Sorry about that. Loud family today. OK. And so no, no public comment. I apologize. So I will hand this over to you, Superintendent Triplett.

[10058] SPEAKER_14: Thank you, President Martinez. So as you recall, last meeting, there was presentations by one of our directors around what we call FPM, the Federal Program Monitoring. So this is a follow up to that. There was one item that we needed to follow up and make sure that we conducted a revision and then a vote from the the board on. So I will turn that over to Ms. Saavedra who can explain more about this item.

[10089] SPEAKER_36: Thank you, Dr. Triplett. Yes, this is one of the findings of recommendations made by the FPM team That although our board recently had adopted the updated regulations at the July 21st meeting, after further review, they realized that there were some information missing, which came the recommendation to go through the process again for board approval. in regards of uniform complaints and board policy and also administrative regulation. Tonight, we recommend this, although this is a first reading, we are recommending that the board agrees and approves the recommendation as it is.

[10142] Elisa Martinez: Okay, thank you, Ms. Avedra. Any questions from our board members? on this board policy. I don't have any. I see none as well, I don't have any as well, I don't see any others. So, Ms. Gutierrez, if you can please repeat the motion.

[10170] SPEAKER_38: Staff recommends the Board of Education approved board policy 1312.3 and Administrative Regulation 1312.3, Uniform Complaint Procedures, with a motion made by Member Zhang and second by Member Nguyen. Voting has been made open. Please send in your vote.

[10195] Elisa Martinez: Thank you. And Student Member Salemi, in the spirit of getting your verbal, if I can hear your vote, please.

[10206] SPEAKER_41: Yes.

[10207] Elisa Martinez: Thank you. And Ms. Gutierrez, did you get my vote as well? Okay, very good. Thank you.

[10225] SPEAKER_38: Votes locked. I have a motion by Member Zhang, second by Member Nguyen, four yeas with one not present.

[10236] Elisa Martinez: Excellent. Thank you. Thank you, Ms. Gutierrez. And thank you, Ms. Avedra, for bringing this forward. OK. And so next item is consent agenda item, consent agenda personnel items. I'm sorry, 14.1. May I have a motion and a second to approve?

[10259] Phuong Nguyen: I move to approve item 14.1, personnel reports.

[10265] Elisa Martinez: Thank you. I can second, so I will second.

[10275] Guadalupe Lopez: Okay.

[10280] Elisa Martinez: And so we will call for a vote here. I'm wondering if, did we lose Member Zhang?

[10287] Phuong Nguyen: Yeah.

[10288] Elisa Martinez: I believe we, okay, so we have to wait. We have to wait for his vote. Yes, we will hold on. Okay, we got you back.

[10313] Bowen Zhang: Yeah, so there's an interruption.

[10316] Elisa Martinez: No, no worries, no worries. I've been having that issue. So we're on voting for personnel report. Remember, when moved, I second it. So if we can go ahead and vote. You have all votes, Ms. Gutierrez.

[10367] SPEAKER_38: Okay, motion carries with three yeas and student member Salami not voting for personnel item and member Rodriguez not being present.

[10380] Elisa Martinez: Very good. So we move to item 15, which is consent agenda non-personnel items. And this is the item that where there were three items pulled. So the motion would be to approve 15.1 through 15.5. May I have a motion and a second please?

[10400] Bowen Zhang: I move to approve item 15.1 to 15.5.

[10404] Phuong Nguyen: Should we ask if there's public comment?

[10407] Elisa Martinez: Oh, I apologize. Yeah, thank you. Are there public comment, Ms. Gutierrez, on any of those items? 15.1, 15.5. No public comment. OK.

[10417] Phuong Nguyen: OK, thank you. I'll second Member Zhang's motion.

[10426] Elisa Martinez: Thank you, Member Nguyen. Okay, and with that, we'll open voting and student member Salemi, how do you vote?

[10439] SPEAKER_41: Yes.

[10445] SPEAKER_38: And if you can just give me one second.

[10449] Olivia Rangel: No worries.

[10450] Elisa Martinez: Would you rather us take a verbal? If you're having some.

[10460] SPEAKER_38: There's still room for this one because I'm going to figure out how we can condense all of them on board docs. So I apologize for that one.

[10467] Elisa Martinez: Okay, no worries. Member Nguyen, how do you vote? Yes. Thank you. Member Leung?

[10474] Bowen Zhang: Yes.

[10476] Elisa Martinez: And my vote is yes as well. So consent agenda items are approved. Thank you. And with that, we move to item 16, which is Board of Education Committee Reports, Announcements, Requests, and Additional Discussion. So we'll start with committee reports. I know that there were a couple of the committees that met. One was the SELPA, Mission Valley SELPA. And if I could ask the superintendent to give a brief just report on that.

[10513] SPEAKER_14: Certainly, thank you, President Martinez. So the SELPA did meet. And as most of you know, that's related to special ed services. And one thing, I think the biggest thing to note from that is they did talk about sorry, districts that are in need of putting together a plan to address some disproportionality in achievement of the IEPs in relationship to general ed students. Our district does have some disproportionality that we need to address, and so that was named as something that we are obligated to put together as a plan for how to address that. The good news is that the surrounding districts around us, they're in a much more, for lack of a better word, severe category where they actually have greater disproportionalities that they need to address. So while we're certainly not proud of any disproportionality, we're also really glad that we're moving in the right direction. And we will be putting together a plan, I believe it's due in December, for how to continue to try to do better with relationship to serving students with IEPs.

[10596] Elisa Martinez: Thank you for that, Dr. Triplett. I actually joined for part of that meeting. I had to leave early. Part of the meeting that I was there for is we had to vote on the budget. So that was one of the key action items. One of the interesting things to your point about the disproportionate or the, what's the term? Anyway, but it's a proportionality issue in terms of, our students with IEPs. And it was interesting to see, for example, in New Haven and Fremont, when you get to a certain point of, you know, where you assess that it's beyond a certain level, you actually have to set aside some of your budget. part of the SELPA budget, if you will. And it's something that actually has to set aside in addition to the regular amount. And maybe it was my very first meeting, so I'm trying to share a little bit about it, because it was a really big learning for me. Like I said, it was my first meeting there. So I do look forward to our director of special ed to bringing forward a report that does help continue to educate not just the board, but all of us in the public around just all the effort that goes in, you know, in terms of making sure that we are allocating the resourcing to our special ed kids. And again, you know, also, also though recognizing impact to some of the financial strain that it does put on the district. So again, just very, a lot of learning in the short hour that I was there. So apologies, I didn't do a better job at reporting. I'll try to do a better job next time. So thank you for that. I think the other main committee report, the only other one is regarding the consolidation committee, and I believe, Member Nguyen, you were gonna do a quick report.

[10726] Phuong Nguyen: Yes, the School Consolidation Advisory Committee met on September 24th. During that meeting, we approved the minutes from the prior meeting on September 15th. There was a presentation on facility information and a great discussion amongst the committee members. The committee reviewed the scores against the adopted criteria this time around based on committee member recommendation our facilitator had pre-populated some of the numbers for the criteria in terms of the criterias that were discussed for facilities. And then during the discussion, the committee also agreed to have the same set of criteria scoring that excluded portables from the capacity data. So, and then, which was, I think several members in the committee felt strongly that we needed to have two sets of data, one comparing the capacity against those criterias, and then another set that excluded the portables against those criterias. And then our next meeting is on September 8th, and it's from 6 to 8. I hope more community members can join us. It's going to be on business services and others, community impacts and considerations. So that's it. Thank you.

[10813] Elisa Martinez: Thank you. And I think you went to say October 8th versus September 8th. Oh, yes, October 8th. Sorry. I know we're all in, it feels like it's still September. I think another, you know, given that we are giving these reports to, in this case, just the only other member, Jean, I know that we are still targeting superintendent to take the process through all the different modules, if you will, with the committee with the intent of bringing an initial report to the board. We'll call it as a first reading in early November. Is that correct?

[10855] SPEAKER_11: Yes, that's correct.

[10858] Elisa Martinez: Okay, so I mean, it is in terms of getting to that decision point, we are trying to stay to schedule just given that one of the big points that superintendent made in the committee is that the process is a long process. It's a six to 12 month process in the sense that we have to make the decision as to which schools we would be looking at for consolidation. And then the real heavy lifting of the planning to take the community through the transition really begins. So I think that was a really good point, because there were some questions about, shouldn't we be having more time to make that decision, given that sense of six to 12 months? Well, the decision is a part of the process, but not the complete process. So I thought that was a very good clarification that you made, Superintendent. Anything else? Any questions? Okay if with that and with that we move to any board announcements or requests so we'll start with student member Salemi.

[10926] SPEAKER_41: Yeah and I apologize because I meant to have mentioned this during Dr. Shiplett's report but I know we're not jumping right back into school and we're in a good place right now in terms of safety as you had mentioned but I just thought it was important that maybe in the in future meetings that we have a clear look at not necessarily the general plan of going back, but on things like the exact numbers and in terms of protective equipment, COVID testing procedures, if someone tests positives and how our classes look, you know, essential staffing and adequate ventilation in each classroom. And the reason I'm asking is because I understand we all want to go back to school, you know, myself included, but as a student and thinking of our families, I really think we need a reinsurance and a clear look of you know, the safety and health aspect of returning to school. And then just a quick question. I know you're assembling the equity task force, and I was wondering if you guys were going to include the students on that task force. And that's all.

[10993] Elisa Martinez: Thank you, student member Salemi.

[10995] SPEAKER_11: President Martinez, should I respond at all or should I?

[10999] Elisa Martinez: Well, those are typically for future, for the next meeting. But if you have a quick response regarding, I imagine, the last point regarding students, I think I'm OK. I think we're OK as a board if you respond to that.

[11013] SPEAKER_14: Second question, yes. Yeah. Thank you. Yeah, and we're just starting to build that task force. So yeah, thank you, board member Salemi. We'll definitely. want to look back and communicate to the whole board really where we're going. But for sure engaging students in that.

[11035] Elisa Martinez: And thank you. And I know student member Salemi will keep us on our toes with regard to this item. So thank you very much, student member. Member Zhang?

[11048] Bowen Zhang: Just want to confirm that next school board meeting, we're going to have a study session on the FGMA report. And that study session will include I guess, Resolution 1774, which is the resolution that we borrow the formula plus from Fund 17, the general fund, right? And how the board should proceed with that, whether we are paying back, what will be the timeline to pay back, or are we paying only a fraction of them back?

[11078] SPEAKER_14: Yes, thank you, Member Zheng. Yeah, that is part of the plan for that study session. OK.

[11084] Elisa Martinez: Thank you. Anything else, Member Zheng? No. Thank you. Member Nguyen.

[11092] Phuong Nguyen: Just to echo what Member Zhang had brought up in regards to study session, not specifically about the FCMAT, but I think that I know that we've missed a couple and I really hope that when we continue future board meetings that we do hold ourselves accountable to holding those scheduled study sessions because there are items And that are still pending that we would love to, you know, have this open discussions about. So I just wanted to remind us that we should do that. Thank you.

[11130] SPEAKER_14: Thank you, everyone.

[11132] Elisa Martinez: Thank you. I just wanted to share and and what's the right word celebrate with everybody that member when member, well no longer member but our executive assistant Miss Gutierrez and myself. actually completed our last course in master's in governance training as a school board. Training that is offered, I think, you know, over the many months and a total of how many days that, you know, that we have dedicated to this? 10 days, right? 10 days of training on our time, you know, and we're glad to do it because we have learned so much. And I wanted to comment because being on the board is one of the hardest things I've done. And I've had some difficult jobs, but man, it's one of the most rewarding to know that we are tackling some tough issues that haven't been tackled for a long time. We haven't been on the board for 15 or 16 or 20 something years. Right, right now I am probably beyond the sites member Rodriguez. I'm the most senior member with two years. So one thing I wanted to say to our community is no, we don't get it right every time when we call the agenda or when we read it. But one of the things we've learned in our training about the Brown Act Brown Act is, yes, it is.

[11245] SPEAKER_38: President Martinez, if you want to take a minute to allow your computer to buffer. Yeah, so we don't miss your statement.

[11257] Bowen Zhang: I guess you can try to turn off the video. OK. OK, thank you. I could do that.

[11269] Phuong Nguyen: You're actually okay right now. So, okay.

[11272] Elisa Martinez: So I was on a roll. Yes. What I was saying is that one thing I can tell you about member when members young member and myself and member Rodriguez is we are deeply committed to doing what we need to do for your kids and for you. and mostly like what I wanted to say is that we are learning absolutely we will not hide that we are absolutely learning and we will not get every little rule right but what we do and where what we can commit to you is that every step of the way if we're not sure we seek guidance we've met a lot of people that are training us And and we are doing the best we can to play absolutely by the rules because we need to do right by you. And so that I just wanted to say that because it's not easy being being on here at up to here. And I always welcome we always welcome community input, community input. But I wanted to make sure that there is a balance of message. And I just wanted to say that and absolutely if any of you ever have any questions. and respectfully reach out to us to engage, absolutely, we will make ourselves available to you. So again, thank you so much for tuning in and for listening and for providing the feedback. And again, we will continue to do the best we can by you and learn. There's so much to learn and we are committed to engaging in more training to make sure that we do a good job for you. So with that, I apologize if I got a little bit long-winded, but I'm very passionate about this item and being fair to our board members because they work very hard for you. And with that, I will hand it back to you, Superintendent Triplett, for some closing remarks.

[11391] SPEAKER_14: Thank you, President Martinez. And I really appreciate your words. I just have to be honest. One of the reasons I accepted this position is because of this board, because sometimes boards have a reputation of being extremely difficult or really not focused on the right things. And it's been very clear since before I even got here that this board is unique and special and very dedicated to doing right by the community. I haven't sat in your seat, but I'm sitting here with you, and I get a little taste of the challenges that come with being in that position, and I really respect you all for all that you're doing. I don't have a lot else to say, just that you can expect us to come back on the 15th with a draft of the plans for reopening. And also, I really do look forward to engaging in the conversation with the board in the study session, because I think it's really important that we can continue to unpack the FCMAT report. and the implications and the things that we, the hard decisions that we know we really have to do in these next couple years to right our financial situation and do right by the community. So I look forward to seeing you on the 15th.

[11479] Elisa Martinez: Thank you so much. And with that, we move to adjournment. And so Ms. Gutierrez, on this one, would you like us to do a vote, a verbal as well? We can do we can do board docs. We can do board docs. OK, perfect. Well, first, I would entertain a motion and a second to adjourn, please.

[11499] Bowen Zhang: I move to adjourn the meeting.

[11504] SPEAKER_41: I second.

[11506] Elisa Martinez: Thank you. I'm sorry, I'm board member Jean Moves, student member Salemi seconds. And for a verbal student member, how do you vote?

[11518] SPEAKER_41: Yes.

[11527] Elisa Martinez: I don't see the vote invite. Am I the only one?

[11533] Phuong Nguyen: I haven't gotten it either.

[11540] Elisa Martinez: We're keeping member. Oh, there we go. Excellent. We're waiting on you, Ms. Gutierrez.

[11577] SPEAKER_38: Motion passes with four yes.

[11580] Elisa Martinez: Excellent. And with that, we adjourn at nine fifteen and everyone have a wonderful evening. Thanks, everyone, for your hard work.

[11588] Phuong Nguyen: Thank you. Have a 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

Motion & Voting It is recommended that the agenda for this Board of Education meeting be approved.

Motion by Phuong Nguyen, second by Ray J Rodriguez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen, Ray J Rodriguez
Not Present at Vote: Wahhab Salemi

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

Information provided by the Executive Director of Human Resources, Jessica Saavedra

3.2 Conference with Labor Negotiator Employee Organizations: NTA & CSEA (GC54957.6)

Type

Agency Negotiator: Jessica Saavedra, Executive Director of Human Resources Greg Dannis Esq., Dannis, Woliver, Kelly, Attoreys at Law

Employee Organizations: NTA and CSEA

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

Type

Agency Negotiators: Jessica Saavedra, Executive Director of Human Resources Dr. Mark Triplett, Superintendent Ingrid A. Meyers Esq., Dannis, Woliver, Kelly, Attorneys at Law

Employee Organizations: NEWMA, Unrepresented Supervisors & Contracted Management

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

Type

Cases:

1. CSEA & Marcus Allen v. Newark Unified School District, Claim #587220

2. Brazil v. Newark Unified School District (Alameda County Superior Court Case #RG17859813)

3. Bretz v. Newark Unified School District, Claim #569505

3.5 Conference with Legal Counsel Regarding Anticipated Litigation (GC 54956.9(d)(2))

Type

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One case

4. RECONVENE TO OPEN SESSION Subject 4.1 Pledge of Allegiance

4.1 Pledge of Allegiance

Type                     Procedural

5. REPORT OF CLOSED SESSION ACTIONS

5.1 Report of Closed Session Actions

Type                     Action

6. STUDENT REPORT

6.1 Student Report from Newark Junior High School, MacGregor and Newark Memorial High School

Type                     Information

A. Newark Junior High School - Alyssa Torres & Rachel Ristau

B. MacGregor - Marilyn Rollins

C. Newark Memorial High School - Wahhab Salemi

7. EMPLOYEE ORGANIZATIONS

7.1 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.

8. RECOGNITIONS AND CELEBRATIONS Subject 8.1 Staff Spotlight

8.1 Staff Spotlight

Type                     Information

Purpose:

The superintendent takes a moment to recognize the wonderful accomplishments from our NUSD Team

Background:

9. PUBLIC COMMENT ON NON-AGENDA ITEMS

9.1 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

10. SUPERINTENDENT REPORT

10.1 Superintendent Report

Type                     Information

File Attachments Supt Report 10.1.20.pdf (1,995 KB)

11. STAFF REPORT

11.1 ACOE Approval of NUSD 2020-21 Adopted Budget

Type                     Information

Purpose: To inform the Board of the approval of NUSD's 2020-21 Adopted Budget by the Alameda County Office of Education (ACOE).

Background: The Alameda County Office of Education (ACOE) has approved the District's 2020-21 Adopted Budget (see letter attached). Significant highlights in ACOE's review includes the following: 1. Because subsequent year budgets are very unpredictable, NUSD should plan for multiple scenarios, including the likely possibility of continued cash deferrals beyond 2021 and possible decreases in revenue. 2. Because the 45-Day Revision did not include specific plans for spending LLMF revenues, ACOE advises the District to ensure that expenditure plans for those funds comply with all restrictions, while also using this one- time revenue to preserve the unrestricted fund balance as much as possible. 3. Additional Board action, including resolutions that specify necessary expenditure reductions for 2021-22 and beyond will be expected, along with detailed plans and timelines for implementation. 4. In September 2020, the Fiscal Crisis and Management Assistance Team (FCMAT) published the results of their Fiscal Health Risk Analysis (FHRA) for NUSD. The analysis determines that the District is at high risk of fiscal insolvency, and highlights specific areas of concern such as declining enrollment, instability in leadership positions, and a lack of confidence in the District's ability to implement reductions. During the presentation of the report to the District's Board, FCMAT highlighted that NUSD is aware of and working on the items of concern for the District's fiscal health and encouraged the District to continue to make the hard decisions to reduce expenditures in 2021-22 and beyond. ACOE is committed to supporting the District throughout this period and helping NUSD return to fiscal stability. 5. ACOE and FCMAT have previously noted that the District has transferred funds from Special Reserves Other Than Capital Outlay Projects (Fund 17) to General Fund (Fund 01) several times over the years to support NUSD's fiscal solvency as allowed by Board Resolution 1774, which was passed in February 2009. The resolution required that the transfers from Fund 17 be paid back from future General Fund budgets. 6. NUSD is commended for its proactive resolution to approve temporary cash borrowing between funds in the current year and is advised to vigorously monitor its cash position and approve additional borrowing methods if necessary. At the Board meeting on June 18, 2020, the Board held a public hearing and approved the adoption of the 2020-21 Budget.

At the Board meeting on July 14, 2020, the Board was presented with an update on the 2020-21 State Budget.

At the Board meeting on August 6, 2020, the Board approved the 2020-21 45-Day Budget Revision.

File Attachments Newark 2020-21 Adopted Budget Board Letter.pdf (224 KB)

11.2 Attendance Reporting Process

Type                        Information

Purpose: To inform the Board of Education of a change in the District attendance protocols and processes for the 2020-21 school year per state guidelines.

Background: For the 2020-21 school year, the California Department of Education has provided in ordinance with Senate Bill 98 (SB 98) new guidelines for monitoring attendance and student participation. These guidelines have prompted all school districts in California to create protocols and processes to monitor attendance and participation while in both distance learning and in-person learning. A subcommittee of teachers, principals, and district administrators developed a structure and plan, which is also in alignment with other school districts in Alameda County.

File Attachments Attendance and Engagement log Board Presentation.pdf (282 KB)

12. PUBLIC HEARINGS

12.1 Public Hearing: Sufficiency of Instructional Materials

Type                     Discussion, Information

Goals                        1a. Student Achievement

Purpose: This Public Hearing will proceed a vote on Resolution 2020.21-011: Sufficiency of Instructional Materials.

Background: Under EC Section 60119, the governing board of every local educational agency that receives state instructional materials funds must hold an annual public hearing before the end of the eighth week from the first day pupils attend school for that year. At the public hearing the governing board must make a determination as to whether each pupil in each school has sufficient textbooks or instructional materials, or both, that are aligned to the content standards and are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education in reading/language arts, mathematics, science, and history-social science.

File Attachments Sufficiency of Materials Public Hearing 20-21.pdf (79 KB) Resolution Sufficiency of Instructional Materials 20-21 (1).pdf (58 KB)

13. NEW BUSINESS

13.1 Resolution No. 2020.21-010 Week of the School Administrator

Type                     Action

Preferred Date           Oct 01, 2020

Absolute Date            Oct 01, 2020

Recommended              Staff recommends that the Board of Education approve Resolution No. 2020.21-010 to
Action                   honor Newark Unified School District administrators during the second full week in
                         October (October 12 to October 16, 2020).

Purpose: The purpose is for the Board of Education to approve Resolution No. 2020.21-010 to honor Newark Unified School District administrators during the second full week in October 2020.

Background: California Education Code Section 44015.1 designates the second full week in October as Week of the School Administrator in all schools, districts, and counties. Highlighting and acknowledging this week is one way the Association of California School Administrators and the Newark Management Association collaborate to celebrate the educators, business leaders, and community groups that work to make our schools succeed and enable students to achieve at their highest levels. It is recommended that the Board of Education approve this resolution to honor Newark Unified School District administrators during the second full week in October 2020.

File Attachments Week of School Admin Res 2020.21-010.pdf (94 KB)

Motion & Voting Staff recommends that the Board of Education approve Resolution No. 2020-21.010 to honor Newark Unified School District administrators during the second full week in October (October 12 to October 16, 2020).

Motion by Phuong Nguyen, second by Bowen Zhang.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen, Wahhab Salemi
Not Present at Vote: Ray J Rodriguez

13.2 Resolution 2020.21-011 - Sufficiency of Instructional Materials

Type                     Action

Preferred Date           Oct 01, 2020

Absolute Date            Oct 01, 2020

Fiscal Impact            No

Recommended              Staff recommend adoption of Resolution 2020.21-011 declaring sufficiency of
Action                   instructional materials for students.

Goals                        1a. Student Achievement

Purpose:

To certify compliance with Education Code Section 60119 (as revised by Chapter 704, Statutes of 2006 and California Code of Regulations (CCR), Title 5, Section 9531). In order to be eligible to receive instructional materials funds, the governing board of each district and county office of education is required to hold an annual public hearing and adopt a resolution stating whether each pupil in the district has sufficient textbooks or instructional materials in specified subjects that are aligned to the academic content standards and consistent with the content and cycles of the curriculum frameworks adopted by the state board. This is an annual process.

Background:

Under EC Section 60119, the governing board of every local educational agency that receives state instructional materials funds must hold an annual public hearing before the end of the eighth week from the first day pupils attend school for that year. At the public hearing the governing board must make a determination as to whether each pupil in each school has sufficient textbooks or instructional materials, or both, that are aligned to the content standards and are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education in reading/language arts, mathematics, science, and history-social science.

Site principals reviewed site sufficiency of materials and affirm. Governing boards that have met the requirements of Education Code Section 60119 and have also certified compliance with the Instructional Materials Funding Realignment Program (IMFRP) requirements regarding provision of adopted standards-aligned instructional materials for all students (Education Code Section 60422) may spend 100% of any remaining IMFRP funds from that year's allocation for other approved purposes.

File Attachments Resolution Sufficiency of Instructional Materials 20-21 (1).pdf (58 KB)

Motion & Voting Staff recommend adoption of Resolution 2020-21.011 declaring sufficiency of instructional materials for students.

Motion by Bowen Zhang, second by Phuong Nguyen.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen, Wahhab Salemi
Not Present at Vote: Ray J Rodriguez

13.3 Board Policy 1312.3 and Administrative Regulation 1312.3 Uniform Complaint Procedures (First Reading)

Type                     Action

Preferred Date           Oct 01, 2020

Absolute Date            Oct 01, 2020

Recommended              Staff recommends the Board of Education approve Board Policy 1312.3 and
Action                   Administrative Regulation 1312.3 Uniform Complaint Procedures.

Purpose:

The purpose of this item is to obtain Board approval of Board Policy 1312.3 and Administrative Regulation 1312.3 Uniform Complaint Procedures (UCP) in order to be in compliance with Federal Program Monitoring (FPM) regulations. The district must provide evidence in Board meeting minutes of the approval of BP/AR 1312.3 within 45 days of the FPM review (November 9, 2020).

Background:

Although the Board of Education had recently approved Board Policy 1312.3 and Administrative Regulation 1312.3 Uniform Complaint Procedures on July 21, 2020, it was brought to our attention that new federal guidelines have been announced and that our language did not longer meet regulations.

FPM Reviewer suggested the following: "This document does not meet the requirements of UCP-01 because it contains obsolete language and does not contain all the required language and statements per 2020-2021 UCP Instrument. Once revisions are completed please submit the updated Policies and Procedures to the CMT for my review prior to sending them to the board for approval". On September 24, staff received confirmation that we could bring this forward for Board approval.

File Attachments BP 1312.3 Uniform Complaint Procedures with track changes 10.01.2020.pdf (400 KB) AR 1312.3 Uniform Complaint Procedures with track changes 10.01.2020.pdf (247 KB)

Motion & Voting Staff recommends the Board of Education approve Board Policy 1312.3 and Administrative Regulation 1312.3 Uniform Complaint Procedures.

Motion by Bowen Zhang, second by Phuong Nguyen.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen, Wahhab Salemi
Not Present at Vote: Ray J Rodriguez

14. CONSENT AGENDA - PERSONNEL ITEMS

14.1 Personnel Report

Type                     Action (Consent)

Preferred Date           Oct 01, 2020

Absolute Date            Oct 01, 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 10-01-20.pdf (361 KB)

Motion & Voting Staff recommends the Board approve the personnel report as presented.

Motion by Phuong Nguyen, second by Elisa Martinez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen
Not Present at Vote: Ray J Rodriguez, Wahhab Salemi

15. CONSENT AGENDA - NON-PERSONNEL ITEMS

15.1 Update District Representatives for the State Allocation Board Resolution 2020.21-008

Type                     Action (Consent)

Recommended              Staff recommends the adoption of Resolution 2020.21-008 to approve Mark Triplett,
Action                   Marie dela Cruz and Susan Condon as the District's designated representatives for
                         purposes of filing various applications with the State Allocation Board, part of the state
                         of California's Department of General Services.

Purpose: To designate Mark Triplett, Marie dela Cruz and Susan Condon (removing Patrick S�nchez, Vince Belloni and Bryan Richards) as the District's representatives for purposes of filing various application with the State Allocation Board (SAB), part of the state of California's Department of General Services (DGS).

Background: The SAB requires Board designation of authorized representatives to act on behalf of a district in the State's School Facility Program (SFP). This action will designate (update) representatives to apply for eligibility and funding, request fund releases and certify forms required under the School Facilities Program. Currently, the District Representatives listed on file with DGS, SAB, and Office of Public School Construction (OPSC) are Patrick S�nchez, Vince Belloni and Bryan Richards. The update will name Mark Triplett in place of Patrick S�nchez, Marie dela Cruz in place of Bryan Richards and Susan Condon in place of Vince Belloni.

The Leroy F. Green School Facilities Act of 1998 at Chapter 12.5, part 10, Division I commencing with section 17070.10 et seq. of the Education Code provides for a School Facility Program (SFP). The SAB has adopted regulations to implement the SFP. The SAB and OPSC require certain forms be completed by an applicant school district to determine eligibility for state funding and the SFP. The SAB requires that the District Governing Board adopt a resolution supporting the eligibility determination application as required by Form SAB 50-03.

File Attachments NUSD Representatives for DGS SAB OPSC_Resolution No. 2020.21-008.pdf (64 KB) SAB 50-03_ADA_completed.pdf (305 KB)

Motion & Voting Staff recommends the Board approve the personnel report as presented.

Motion by Phuong Nguyen, second by Elisa Martinez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen
Not Present at Vote: Ray J Rodriguez, Wahhab Salemi

15.2 Agreement with THINK Together for ASES for 2020-21

Type                      Action (Consent)

Preferred Date            Oct 01, 2020

Absolute Date             Sep 01, 2020

Fiscal Impact             Yes

Dollar Amount             $323,319.32

Budgeted                  Yes

Budget Source             After School Education and Safety Grant (Fund 010 - Resource 6010)

Recommended               The Board is asked to approve the renewal of the agreement with THINK Together for
Action                    ASES (After School Educational and Safety) for 2020-21.

Purpose:

The purpose is to approve the renewal of the agreement with THINK Together for running the ASES (After School Educational and Safety) program for 2020-21 at Schilling, Graham and NJHS. Background: NUSD has contracted with THINK Together to run the ASES (After School Educational and Safety) program since 2013-14. Students at the three identified schools take part in a daily program that start after classes end for the day until 6pm. Students take part in STEAM related activities along with time to complete homework and also take a nutrition break. This year, Think Together has secured additional grant funding to offset increasing costs and based on this, there is no charge to students for the 2020-2021 school year.

This school year, the Think Together program served students after school each day and we are projecting the same number for this coming school year per the grant: Schilling Elementary- 75 students Graham Elementary-64 students Newark Jr. High School- 59 students

File Attachments THINK Together 20-21 MOU.pdf (559 KB)

Motion & Voting Staff recommends the Board approve the personnel report as presented.

Motion by Phuong Nguyen, second by Elisa Martinez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen
Not Present at Vote: Ray J Rodriguez, Wahhab Salemi

15.3 Agreement with Zm Service, Inc. for District-Wide Special Education Transportation

Type                      Action (Consent)

Preferred Date            Oct 01, 2020

Absolute Date             Oct 01, 2020

Fiscal Impact             Yes

Dollar Amount             $200,000.00

Budgeted                  Yes

Budget Source             General Fund and Learning Loss Mitigation Funds

Recommended               The staff recommends the Board ratify the agreement.
Action

Goals                        1a. Student Achievement

Purpose: Transportation is a required related service for special education students identified as requiring this service in order to access Free Appropriate Public Education (FAPE). EC Section 56040 states: Special education transportation is defined in federal regulation [34 CFR Section 300.34(c)(16 )] as a related service. Transportation is required to be provided as a related service if it is required to assist a child with a disability to benefit from special education. In addition, as required for any special education program, the service must be provided to meet the criteria for a free, appropriate public education as defined in federal regulation 34 CFR Section 300.17.

Background: Zum Services Inc. has provided dependable and safe transportation to Newark Unified School District special education students. The partnership with Zum Services Inc. has proven to be efficient cost-effective transportation system and is recommended to continue for the 2020-2021 school year.

File Attachments ICA ZUM_NUSD 2020-21.pdf (158 KB)

Motion & Voting Staff recommends the Board approve the personnel report as presented.

Motion by Phuong Nguyen, second by Elisa Martinez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen
Not Present at Vote: Ray J Rodriguez, Wahhab Salemi

15.4 Addendum to Master Contract with Esther B. Clark, Non-Public School (NPS)

Type                     Action (Consent)

Preferred Date           Oct 01, 2020

Absolute Date            Oct 01, 2020

Fiscal Impact            No

Dollar Amount            $82,080.00

Budgeted                 Yes

Budget Source            General Fund

Recommended              Staff recommends the Board ratify the Addendum to the Master Contract with Esther B.
Action                   Clark, a Non-Public School (NPS).

Goals                        1a. Student Achievement

Purpose: To correct the hourly compensation for SELPA approved rates that are part of Esther B. Clark's standard service program and amend the Master Contract with Esther B. Clark, previously approved by the Board on August 6, 2020.

Background: This is an Addendum to the Master Contract for Esther B. Clark. The original Master Contract and Addendum are attached. The Addendum corrects hourly compensation rates that were not included on the Master Contract. The total dollar amount not to exceed $82,080.00 remains the same.

File Attachments Esther B. Clark contract 2020-21 Addendum unsigned.pdf (110 KB) Esther B. Clark Master Contract 2020-21 unsigned.pdf (275 KB)

Motion & Voting Staff recommends the Board approve the personnel report as presented.

Motion by Phuong Nguyen, second by Elisa Martinez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen
Not Present at Vote: Ray J Rodriguez, Wahhab Salemi

15.5 Williams Uniform Complaint Quarterly Report July 1 to September 30, 2020

Type                     Action (Consent)

Preferred Date           Oct 01, 2020

Absolute Date            Oct 01, 2020

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

File Attachments Q221 UCP Report.pdf (205 KB)

Motion & Voting Staff recommends the Board approve the personnel report as presented.

Motion by Phuong Nguyen, second by Elisa Martinez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen
Not Present at Vote: Ray J Rodriguez, Wahhab Salemi

15.6 Minutes of the August 6, 2020 Regular Meeting of the Board of Education

Type                     Action (Consent), Minutes

Preferred Date           Oct 01, 2020
Absolute Date            Oct 01, 2020

Fiscal Impact            No

Recommended              Staff recommends the Board approve the Minutes of the Aug. 6, 2020 Regular Meeting
Action                   of the Board of Education

Minutes                  View Minutes for Aug 6, 2020 - Regular Board Meeting

Purpose: For the board to review and approve the minutes

Background: The attached minutes are reflective of the Aug. 6, 2020 Regular Meeting of the Board of Education

File Attachments Regular Board Meeting Minutes (Thursday, August 6, 2020).pdf (112 KB)

Motion & Voting Staff recommends the Board approve the personnel report as presented.

Motion by Phuong Nguyen, second by Elisa Martinez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen
Not Present at Vote: Ray J Rodriguez, Wahhab Salemi

15.7 Minutes of the August 20, 2020 Regular Meeting of the Board of Education

Type                     Action (Consent), Minutes

Preferred Date           Oct 01, 2020

Absolute Date            Oct 01, 2020

Fiscal Impact            No

Recommended              Staff recommends the Board approve the Minutes of the Aug. 20, 2020 Regular Meeting
Action                   of the Board of Education

Minutes                  View Minutes for Aug 20, 2020 - Regular Board Meeting

Purpose: For the board to review and approve the minutes

Background: The attached minutes are reflective of the Aug. 20, 2020 Regular Meeting of the Board of Education

File Attachments Regular Board Meeting Minutes (Thursday, August 20, 2020).pdf (128 KB)

Motion & Voting Staff recommends the Board approve the personnel report as presented. Motion by Phuong Nguyen, second by Elisa Martinez. Final Resolution: Motion Carries Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen Not Present at Vote: Ray J Rodriguez, Wahhab Salemi

15.8 Minutes of the September 3, 2020 Regular Meeting of the Board of Education

Type                     Action (Consent), Minutes

Preferred Date           Oct 01, 2020

Absolute Date            Oct 01, 2020

Fiscal Impact            No

Recommended              Staff recommends the Board approve the Minutes of the Sept. 3, 2020 Regular Meeting
Action                   of the Board of Education

Minutes                  View Minutes for Sep 3, 2020 - Regular Board Meeting

Purpose: For the board to review and approve the minutes

Background: The attached minutes are reflective of the Sept. 3, 2020 Regular Meeting of the Board of Education

File Attachments Regular Board Meeting Minutes (Thursday, September 3, 2020).pdf (94 KB)

Motion & Voting Staff recommends the Board approve the personnel report as presented.

Motion by Phuong Nguyen, second by Elisa Martinez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen
Not Present at Vote: Ray J Rodriguez, Wahhab Salemi

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 Nguyen & Member Zhang East Bay Induction - Member Rodriguez & _____ Audit Committee - Member Nguyen & Member Zhang School Consolidation Advisory Committee - Member Martinez & Member Nguyen Godbe - Member Martinez & ______ Communication Committee - Member ______ & Member Nguyen Governance Handbook - Member Martinez & Member Zhang

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                     Action, 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.

Motion & Voting Adjourn

Motion by Bowen Zhang, second by Wahhab Salemi. Final Resolution: Motion Carries Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen, Wahhab Salemi Not Present at Vote: Ray J Rodriguez

No minutes available.