Special Meeting

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[13] SPEAKER_25: Member Hill.

[15] Aiden Hill: Here.

[16] SPEAKER_25: Member Grindel.

[20] Aiden Hill: Here.

[22] SPEAKER_25: Member Nguyen. Here. Member Martinez. Here. And President Zhang.

[28] Bowen Zhang: Here. So approval of agenda and Superintendent Triplett, how do you want to reorder the agenda?

[42] Mark Triplett: With your permission, should we do the open session first and then if the board wishes to go into closed session and then we do that after?

[52] Bowen Zhang: Okay, so we'll do the open session first and then we'll go into closed session and we'll adjourn in a closed session. I guess we'll not be back to the open session. Okay, so obviously we will not have session six and session seven, right? Because there will be no Board of Education announcement or any concluding remarks. So may I get a motion for the revised agenda?

[86] Phuong Nguyen: I move to approve the revised agenda.

[92] Elisa Martinez: I'll second.

[94] Bowen Zhang: Motion made by Member Nguyen, seconded by Member Martinez. Member Martinez, how do you vote?

[109] Elisa Martinez: Yes.

[110] Bowen Zhang: Member Grundahl?

[112] Terrence Grindall: Yes.

[113] Bowen Zhang: Member Hill? Yes. Member Nguyen?

[117] Phuong Nguyen: Yes.

[118] Bowen Zhang: My vote is yes as well. Motion carries with five ayes. We'll be jumping to the opens, the new business item, reopening plan and timeline. Superintendent Triplett.

[132] Mark Triplett: Thank you, President Zheng. I'm just gonna, oops, I need, looks like I need hosting or co-hosting ability.

[141] Bowen Zhang: Okay, yeah. No, I think this is a meeting generated by the Zoom host, so they will need to give you the co-host.

[154] Clarissa Kennedy: Oh, there we go.

[158] Mark Triplett: So, um, I will start with, so this agenda item, this single agenda item is about reopening, and so I know it's late, and so I'll go as quickly as possible, but I did want to give an update on the reopening. First, wanted to just go over quickly some of the things that we have put into place in this agreement, the last tentative agreement that was just voted no, by the NTA membership. It did include and includes cleaning protocols and that is something that we have been have established throughout this year and that includes fogger equipment and other cleaning and disinfecting equipment that the plan has always been to do daily disinfectant of all spaces. And just a little reiteration, despite some of the comments to the contrary, our HVACs use MERV 9 filters, and all of them have been replaced at all our schools. Normally, filters are replaced in HVACs twice a year. We've done it this year, the plan is four times. So the last was done at the end of March and beginning of April. And we'll do another changing of the filters in June. It's not what's required, but we're going the extra step just for safety. We have also committed to having air purifiers in every classroom and every room. There was comments earlier regarding the importance of having air purifiers with HEPA filters that is what's been ordered is the air purifiers with the HEPA filter. And although the needle point ionization units and the filters together are... Can you stop for a moment?

[282] Bowen Zhang: I was notified that we're actually not broadcasting on YouTube, even though we have a live on YouTube, but I think that live streaming button is not blinking. So we're not seeing the live streaming thing on the screen.

[302] SPEAKER_25: Let me connect with Mr. Rose and see what he says.

[308] Bowen Zhang: Yeah, by looking at the screen it is a little bit... Because generally on the screen we have live on YouTube and then we have that streaming.

[317] Mark Triplett: We're hearing from Mr. Rose that he is watching it on YouTube.

[325] Elisa Martinez: Yeah, I just got confirmation from someone who's watching it as well.

[329] Bowen Zhang: Okay, okay. My bad. He says it's on Okay, let's continue.

[335] Mark Triplett: Great. So the, the, the air purifiers in every room is a part of the agreement and they do have HEPA filters in them. And then just quickly, and I'm happy to do a more in-depth presentation with some of our team around needlepoint bipolar ionization, but I will say just really quickly that the units that we purchased are all certified by ASHRAE. That's the association that was made reference to earlier. They fit the standard that has been recommended by the EPA and the CDC. And so there's a UL standard that all of these units meet. I believe they're the only such units that meet that standard and that level of certification. So they are being used in many different districts across the country, as well as other different companies, airports. I know Palo Alto Unified uses the needlepoint bipolar ionization units, as does Orinda, Lafayette, Berkeley. And they are considered the top in terms of addressing and killing the virus. The filters themselves, any filter, MERV 9 or whatever, 13 or whatever, strictly captures the virus in the filter, but it does not kill it. And the needlepoint bipolar ionization does. Also, I just want to reiterate that as part of the work to reopen, we've provided vaccination opportunities for all our staff, multiple opportunities, in many cases, exclusive opportunities where staff had the opportunity to be vaccinated. We actually will have another vaccination session on Monday with our partners TrueCare. And this, I believe, is pretty unprecedented that we are offering free child care to all our staff, recognizing that some staff have had children at home during this pandemic, that if they live in a district that has not reopened, that that would pose a challenge to them being able to come back. So we're providing free child care for all our staff. And then lastly, you've seen this before, but these are the requirements to reopen. The one that we have not completed is our agreement with NTA. However, we have published our CSP COVID safety plan, the COVID protection plan, the school guideline document on our website, reopening plan, and we also have our agreement with CSCA already. And I went over this before, so I'm just going to jump a little bit. I did want to mention that these were the concerns in the first, after the first MOU was voted down and not ratified by our NTA organization. I want to say as we re-entered negotiations for the second time, for the second tentative agreement, we addressed all of these issues within the second tentative agreement. And so the update that I sent out yesterday around reopening is that the second MOU, the tentative agreement that we reached for a second time with NTA, they did complete their voting on Wednesday, that's yesterday. There was a vote of 51.4% of members voting no, and there was 48.6% of members voting yes, a difference of seven individuals. And so the district continues to be committed to returning. District is ready and willing to go to the table immediately. In fact, we have scheduled time tomorrow, Friday, to go back to the table with NTA to continue to discuss options. And that is my presentation around our reopening preparedness.

[599] Bowen Zhang: OK. Any comments from the board? Member Kundell? I think you're on mute.

[611] Terrence Grindall: Thank you. Sorry about that. First some questions. What would be the thinking behind going back for further negotiations with a group that's already failed to approve two tentative agreements that were agreed to by their representatives, what would be the point, unless the goal is simply to delay things, which is what I suppose that it is.

[643] Mark Triplett: Yeah, I can't speak for NTA's intent, but I can say that we want to continue to do whatever we can to enable us to reopen. And if that is requiring more conversation with NTA, we are willing to do that. However, to your point, member Grindel, we do recognize that the clock is ticking and there have been significant delays, which have been very, very frustrating. And I know that all of our principals and our parents and students and staff are very eager to return. And so that's been challenging to face this second voting down of the ratification.

[692] Terrence Grindall: One more. I just want to clarify. Your presentation did a good job of this, but I just wanted to be clear. My understanding is the agreement require that the HVAC systems are operational and work properly, and that we've committed to making sure that they are, and that if, for example, if an HVAC system failed, we would find another location for the class. Is that an accurate statement?

[723] Mark Triplett: Thank you. Yes, that is. We've committed to continue to assess the units, run tests on the units. And at this point, we have the vast majority of the units are having a positive airflow. And then any unit that is not working, we're committed to not only working to repair the unit, but also in the meantime, relocating any teacher or staff member to another room, it's not necessary.

[755] Terrence Grindall: But yeah, I'm going to have more questions later, but I'm gonna stop hogging up all the time.

[760] Bowen Zhang: Okay Hey, Member Martinez.

[765] Elisa Martinez: Yes. Thank you. And so actually, Member Grindel, you asked, you know, part of the follow the question that I wanted to just follow up, given your report, right, I think is what I heard you said. And for any units that were not, where there's something missing, do we have a mitigation plan already? Like, right, okay, just from a timeliness perspective.

[798] Mark Triplett: Yeah, that's correct. So any units that where the airflow is not working, then we're immediately sending out technicians to investigate the unit, find out what is the problem, We have approximately 500 units, I believe, in our system. As of yesterday, we had only 19 units where the air was not working up to standard. And so we already have gone out, investigated those units, ordered parts. And so that's the type of process that we're doing on a daily basis, actually.

[841] Elisa Martinez: And then with regards to ionization, I mean, obviously we all sat through the presentation. Newark Unified is not the only one that's purchased and is actively using. So this is not a new technology that we are, we'll call the beta site. This is approving. And I just wanted to say that because, You know, we heard as a board, as a community, you all got to hear as well, the information. We committed a significant amount of our funds to bring that technology once again. And, you know, you mentioned, you know, some other districts that are actively using it and by the way, they're actively back in school. So I just wanted to, I think, call that out because what I'm trying to reconcile in my mind is the asks, some of the things you hear in terms of the concern, and they just don't jive, right? With kind of, here's the audit, here's the facts, here's where we're at, here's what we've provided. And at the end of the day, you know, earlier we, you know, somebody was scolding us about the fact that we're not thinking about our students. Absolutely, we're thinking about our students. And we know that though this isn't easy, this transition, this is what our kids, especially our most affected kids really need. Does six weeks make a difference? I think so, right? So I just trying to kind of get all this straight in my head. So thank you for that.

[945] Mark Triplett: And if I may, with regard to the ionization units, we have now posted all of the information about the units and about the research, about the benefits of the units, the certification from EPA and CDC and ASHRAE and the United Labs. So that's all posted on our website.

[973] Terrence Grindall: I have another question if nobody else.

[976] Phuong Nguyen: Go ahead.

[979] Terrence Grindall: It's okay. Dr. Triplett, I've heard anecdotal information about how the return to classes has helped students, how it's helped their their emotional well-being and that helped starting to turn around the learning loss. Have you been in contact with any of your peers or that have schools that are open? Have you, do you have any other, can you sort of attest to the fact that even in a relatively short period we can see a really dramatic help for our children?

[1020] Mark Triplett: Yes, we so in Alameda County there's 18 school districts, I believe it's 14 or 15 that are currently open or about to be open, there's only three or four that do not yet have an opening date unfortunately we're one of them. And so I did just speak to the county superintendent earlier today. She was talking about how she has been visiting different school districts, different schools that have reopened, talking about just the joy of the kids being back, being able to engage with their peers even at a safe distance. And I actually have also seen, in addition to talking to fellow superintendents, have seen the Instagram photos of different districts, seen the students back. And it's challenging. I get that it's also anxiety producing to be doing this change after so long out. And I deeply believe it's the right thing to do. Our students, Particularly our students farthest from opportunity have unfortunately suffered the most in distance learning. And we know that the achievement gap has widened during this pandemic, not just in Newark, but across the country. And so getting students back into in-person as soon as possible has always been our goal.

[1113] Aiden Hill: Thank you.

[1116] Phuong Nguyen: Member Nguyen, I think you have a... Yes, it was just a follow-up question in regards to the HVAC and the air purifiers. I know that staff has already placed the order for the air purifiers. When is it... Has the shipment arrived already and is ready to be deployed to classrooms?

[1140] Mark Triplett: So I'll let Miss Dela Cruz speak a little bit more to this, but we did a preliminary order, I believe, of 50 units. And then in the most recent negotiations, then we, in conversations with NTA, we committed to purchasing additional units so that every classroom would have one. It's honestly not what's required, but we also really wanted to put people's minds at ease. There's many districts who have HVACs that are older, like our own, and they use the air purifiers in the classroom as the solution to to augmenting the HVACs, we use the ionization as a solution. But nonetheless, we committed to adding the air purifiers. So essentially, we have new filters, that we're going to have. Ionization. As well as positive air flow as well as the air purifiers, but they have not all we were really pending the conclusion of the agreement. So Mr Cruz, did you want to speak a little bit more about the anticipated timeline for getting those air purifiers based on the

[1225] Marie dela Cruz: the majority of the air purifiers like we committed upon ratification of the MOU. The first 50 that we ordered, they have arrived. But the estimated delivery is about seven to 10 days at the time that we placed the order.

[1245] Mark Triplett: Yeah, and that's in that was built into the MOU. So there's no, that's not a secret or anything hidden. That's actually written as a commitment in the MOU that NTA tentatively agreed and signed off on.

[1261] Marie dela Cruz: Yeah, because a lot of it is contingent on the funding. If you recall, the in-person grant is contingent upon reopening. And if we, purchase the air purifiers, then the plan was to use the in person grant for that.

[1281] Phuong Nguyen: Understood. Thank you so much.

[1287] Bowen Zhang: Any other questions? Yes. Remember, we don't.

[1295] Terrence Grindall: Um, so, um, what are our options if the board wishes to move forward with reopening Without ratification of the agreement by the NTA, what choices would we have?

[1315] Mark Triplett: So my understanding is that the board has the option to unilaterally implement a reopening and the last and final offer that's on the table. And so that is something that the board could weigh as an option in this process.

[1338] Terrence Grindall: It would be as simple as making a motion to do that at this point, tonight.

[1345] Mark Triplett: The board would need to give myself, the superintendent, and the district direction as to how the board wanted us to proceed.

[1357] Terrence Grindall: So yes.

[1362] Mark Triplett: Usually that direction is given in closed session.

[1366] Bowen Zhang: OK. So without any other questions, I guess we can

[1374] Elisa Martinez: So I think, just to kind of, once again, use my word level set, I think, because I think it's important that we have this open conversation. If we look at, we are 14 out of 18 districts in Alameda County are open, right? And or have a date, and I know like San Leandro, I think is next coming Monday. We have addressed the concerns. We have shown evidence that we've done the assessments of the units. We know we have mitigation plans. We are going now to the air purifiers as a, we'll call third level. right, because I know that and, you know, we've been kind of connecting with other districts that I know that others don't have that third layer, and they're back. We've got immunizations that have happened. Right, and we've got plans. So, and, and, you know, 5050 split, I mean, so that, so that, so just trying to put this around in my mind, Um, so. One other thing I wanted to bring back is that, um Yeah, I think last meeting there was some some comments around. Um I can't believe or you know, why would you guys risk X because of money? I also want I want to be very clear that absolutely we are thinking of the funding. And it's not at the I wanted to say all those things as a preface because at the end of the day, that money is going to our kids. And we talk a lot about, well, there's this short term impact of that transition back into the classroom, and there is discomfort, absolutely get it. And I know that it's not easy. And I and I don't walk in every day in your shoes, to the teachers that may be listening, I don't. But I do know that, you know, obviously, everything needs an adjustment, and that there may be a short if I were to be tracking it on a graph, there may be a short dip in the performance of our kids. There may be, but we gotta think about that social emotional impact to them and how quickly they may mitigate that recovery, right? And most importantly, we need to be thinking about how we're mitigating the long-term fix because this is over 12 months of them being at a disadvantage. And this money is can we can really leverage it to help bring them back up. Because you know, our district isn't one of the richest districts. So here we are, where it's almost it's behave, we're behaving where it's, it's, those are the districts that are talked about in the news that, you know, the the last, well-to-do districts are the ones that continue to be most disadvantaged. And we are, and we're behaving that way. So I really want us to have an honest and open conversation that these funds are important. And that money is not going to me as a board member. It's not going to the superintendent's pocket. It is to go find what are the right resources, whether it's a richer summer school or some might be more teaching aids. I don't know, I'm making it up, but it's money that we can't just let sitting at the table, because at the end of the day, those kids need that money. And I want to make sure that we have an honest conversation about that as well.

[1628] Terrence Grindall: For me, it's critical that we keep our eye on the fact that it's our job to educate and support students. It's really time for students to come first. There's been enough delaying. So in the spirit of keeping students first and with a heavy heart, I do want to make a motion to unilaterally implement, or sorry, to instruct the superintendent to unilaterally implement the agreement that had so painstakingly been developed with hours and hours of negotiations and signed by the Teachers Association representatives. So that's the agreement that I believe we should unilaterally implement. And I'd like to make a motion that the board directs the superintendent to take that action.

[1672] Bowen Zhang: So then I thought that we're going to have this direction, it will be in the closed session rather than the open session. Is that right?

[1681] Mark Triplett: Yes, my understanding is if the member wants to make a motion, then of course he may do so. If the board wishes to give direction to me in closed session, that's definitely an option as well.

[1700] Bowen Zhang: I actually would prefer to give the superintendent direction in the closed session, one of our other board members.

[1707] Elisa Martinez: Yeah, if I may, member Zhang, I believe that there could be a vote on this item, and that obviously would kind of set the direction, I mean, or the intent, the specifics of the direction, I think would need to be given in closed session.

[1735] Bowen Zhang: So member Gundals, do you still want to make the motion?

[1739] Terrence Grindall: Yes, I believe the vote should be public, even if it's to simply provide direction.

[1744] Elisa Martinez: Okay. I will second his motion.

[1748] Bowen Zhang: Okay, Member Martinez, how do you vote?

[1753] SPEAKER_25: Member Zhang, can you tell me what the motion is, so that I can type it in and open up the vote?

[1759] Bowen Zhang: Pengfei Xue, Jr. : Remember Grindell's motion is to instruct the superintendent to unilaterally reopen the school without a ratified MOU.

[1768] Terrence Grindall: Harmon Zuckerman, PB – He, Him, His): Using the but using the MOU that has been agreed to.

[1774] SPEAKER_25: So, motion to, can you tell me word for word so I can type it in and then I'll open up the vote for everybody.

[1781] Elisa Martinez: Member Grindle, if you could maybe repeat it, yeah.

[1784] Terrence Grindall: Sure. Sorry, I tend to talk a little fast. A motion to direct the superintendent to unilaterally impose the MOU that has been negotiated with NTA.

[1805] SPEAKER_25: unilaterally impose the, do I have?

[1811] Phuong Nguyen: Unilaterally, unir, unir, unilaterally impose.

[1818] SPEAKER_25: Impose, sorry. Impose. Okay. Sorry. So motion to direct the superintendent to unilaterally impose the MOU provided, provided by the NTA. Is that correct?

[1834] Terrence Grindall: Agreed to by the NTA.

[1836] SPEAKER_25: Agreed to. Representatives. MOU agreed to by the NTA representatives. OK. And so now I can go.

[1849] Terrence Grindall: In retrospect, I should have put it in chat, and then it would have been easier.

[1852] SPEAKER_25: So I'm so sorry. That way I can open up the vote for everybody.

[1858] Mark Triplett: Um, if I may, I believe maybe, um, implement is, um, should be used to impose it. Is that okay? Um, I agree.

[1868] Terrence Grindall: I agree.

[1871] SPEAKER_25: Okay. So that's my member Grindel. And who would second it? Members are super president.

[1879] Bowen Zhang: Member Martinez seconded.

[1880] SPEAKER_25: Got it. Okay.

[1883] Bowen Zhang: Remember Martinez? How do you vote?

[1887] Elisa Martinez: Yes.

[1888] Bowen Zhang: Member Wendell? Yes. Member Hill?

[1893] Aiden Hill: I think we've gotten closer. I think we should give it one more try, so I vote no.

[1901] Phuong Nguyen: Member Nguyen, how do you vote? I'm having a really difficult time with deciding on this either way. I understand that it is really important for our kids to be back in school, but I also understand the duration and what is the implication and the involvement that it takes to have students back in school for the next several weeks. And so And I have, based on what Member Martinez and Member Grindel has said, and also from experience with my friends' kids who are back in, it has been a day and night impact for them. And it is for all positive reasons. I think the kids do really need the social emotional connection that they have lost in the last 12 months. And initially, I, I was also on the fence whether or not whether or not it was that my decision here will impact what staff has to implement and And I do think that at the end of the day, I think it is okay with the chaos that we have to deal with moving forward with reopening. It will pass. So my long answer is yes.

[2010] Bowen Zhang: Remember when you said you were both is yes?

[2014] Phuong Nguyen: Yes.

[2017] Bowen Zhang: Yeah, so I understand the frustration of the the board of the board member. And so my obviously we have one more try tomorrow. But my my concern is that once we pull this trigger, we might in many way in at a point of no return, because there is a reason why this is called nuclear option. And, but even that, We already have a majority of the board voting yes on this. So my vote is yes as well. And I will stick with the rest of my board. And that's take the credit together and take the blame together. My vote is yes. So motion passes four ayes and member Hill voted no and he explained he's no vote as well. So I guess the next step is we'll be adjourned to closed session and we will not be coming back to open session. And so I guess I will see each other in the closed session a bit. And Mrs. Castellon, I will, I don't know how I inform you about the time when we adjourn the meeting, but hope I can delegate to the superintendent and hopefully the superintendent can send you the message about our adjourn time.

[2109] SPEAKER_25: Okay, sounds good.

[2110] Bowen Zhang: For those who are watching, have a good night. Five ayes.

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

Virtual Meeting Practices & Connection Information

Type Information, Procedural In accordance with the Governor's Executive Order N-29-20, Board meetings will be held "virtually" until further notice. These meetings will be accessible to the public by internet or telephone. No physical meeting place will be provided.

Meetings will live-streamed on the NUSD YouTube on the internet. Public comment opportunities will be available through the virtual meeting. Please see the public comment instructions provided here.

As always, we encourage you to contact the entire Board by email at "board@newarkunified.org." This address goes directly to the Board members, who check their emails frequently.

Roll Call

Type Procedural Board Members:

President Bowen Zhang Member Phuong Nguyen Member Elisa Martinez Member Terrence Grindall Member Aiden Hill

Student Board Member: Member Wahhab Salemi

2. APPROVAL OF AGENDA

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

Approval of Agenda

Type Action

Recommended Recommendation is that the Board of Education approve the agenda for this meeting. Action Purpose:

Members of the Board may request that the agenda be approved as presented or amended.

Motion & Voting Recommendation is that the Board of Education approve the agenda for this meeting.

Motion by Bowen Zhang, second by Bowen Zhang.
Final Resolution: Motion Carries
Yea: Bowen Zhang, Phuong Nguyen, Terrence Grindall, Aiden Hill
Not Present at Vote: Elisa Martinez, Wahhab Salemi

3. STUDY SESSION

Public Comment on Board Study Session Items

Type Procedural Purpose:

To provide a space for the community to make a comment on the Board Study Session.

Background:

Please see the link below for Public Comment information.

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

2021-22 Local Control Accountability Plan - Board of Trustees Input

Type Discussion, Information

Goals MISSION: The Newark Unified School District will inspire and educate all students to achieve their full potential and be responsible, respectful, and productive citizens. VISION: The Newark Unified School District, in partnership with the community, will be a model of world-class education that develops the unique abilities of every student. 1. To provide academic excellence via equity and opportunities for all students.

Purpose:

We invite the Board of Trustees to provide input on the development of the 2021-22 Local Control Accountability Plan (LCAP).

Background:

As part of the development process of the LCAP, Local Education Agencies (LEAs) are to engage stakeholders in the process and obtain input. As per EC section 52060(g) and 52066(g), LEAs are to consult with parents, students, teachers, principals, administrators, other school personnel, and local bargaining units. In addition, they must establish and involved a Parent Advisory Committee (PAC) and an English Learner Advisory Committee (ELPAC), if the English Learner enrollment numbers meet a certain threshold. NUSD has established an LCAP Advisory Committee that is composed of all the stakeholder groups mentioned above and where the majority of the members are parents. The District English Learner Advisory Committee (DELAC) serves as the ELPAC.

For the development of the 2021-2022 LCAP, NUSD is inviting its Board of Trustees to participate in the process by holding a study session where they can discuss and provide input in the focus areas that will shape the goals and actions of this plan.

File Attachments LCP Actions_Services Current Implementing 3.23.21 (2) (1).pdf (89 KB) 2019-2020 LCAP Actions_Services Implemented 1.29.20_v2 (1) (1).pdf (85 KB) PAC_DELAC Recommendations (2020-2021 LCAP).pptx.pdf (72 KB) Copy of 20-21 LCAP Stakeholder Engagement Input.xlsx - Board Study Session 4.15.21.pdf (55 KB) LCAP Stakeholder Engagement Presentation _April2021(2).pdf (1,601 KB)

4. CLOSED SESSION

Public Comment on Closed Session Item

Type Procedural Purpose:

To provide a space for the community to make a comment on Closed Session Items.

Background:

Please see the link below for Public Comment information.

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

Public Employee Discipline/Dismissal/ Release (GC54957)

Type Action, Procedural Information will be provided by the Superintendent.

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

Type Action, Procedural Information will be provided by the agency negotiator. Assistance from legal firm Dannis, Woliver, Kelley, Attorneys at Law may be provided.

The employee organizations include NTA & CSEA.

Conference with Labor Negotiator (GC54957.6(a)): Employee Group - NEWMA, Unrepresented Supervisors & Contracted Management

Type Action, Procedural Information will be provided by the agency negotiator. Assistance from legal firm Dannis, Woliver, Kelley, Attorneys at Law may be provided.

The employee organizations include NEWMA, Unrepresented Supervisors, and Contracted Management

Conference with Legal Counsel - Anticipated Litigation (GC 54956.9(d)(4))

Type Action, Procedural Information will be provided regarding:

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

Recess to Closed Session

Type Procedural Purpose:

The Board will recess to Closed Session, and reconvene to Open Session on or about 7pm.

5. RECONVENE TO OPEN SESSION

Pledge of Allegiance

Type Procedural

6. REPORT OF CLOSED SESSION ACTIONS

Report of Closed Session Actions

Type Action, Procedural Purpose:

If available, a report of closed session will be provided by the Board President.

7. EMPLOYEE ORGANIZATIONS

Employee Organizations

Type Information Purpose:

At regular Board meetings, a single spokesperson of each recognized employee organization (NTA, CSEA, NEWMA) may make a brief presentation.

Background:

Discussion items are limited to updates, celebrations, and upcoming events.

1. NTA: Sean Abruzzi

2. CSEA: Sue Eustice

3. NEWMA: Cathreene Ingham-Watters

8. RECOGNITIONS AND CELEBRATIONS

School Spotlight: Newark Memorial High School

Type Information Purpose:

The School Spotlight gives the Board of Education and the public an opportunity to hear from each school with highlights of their achievements and initiatives.

Background:

The presentation will be presented by the Newark Memorial High School principal, Olivia Rangel.

File Attachments NMHS School Spotlight .pdf (3,851 KB)

9. PUBLIC COMMENT ON NON-AGENDA ITEMS

Public Comment on Non-Agenda Items

Type Procedural Purpose:

To provide a space for the community to make a comment on non-agenda items.

Background:

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

Superintendent Report

Type Information

Purpose:

The superintendent will provide the Board with district information, updates, news, or anything in the jurisdiction of the board or the superintendent.

Background:

Information provided by the Superintendent

11. STAFF REPORT

Graduation Requirements - Class of 2021

Type Information Purpose:

To provide information to the Board of Trustees about possible flexible graduation requirements given the impact of pandemic related school closures on the graduating class of 2021.

Background:

The Board of Trustees recently voted to align NMHS graduation requirements with a-g requirements. Given the additional challenges high school seniors have faced during the COVID-19 pandemic, NUSD high schools would like to provide information regarding temporary, flexible graduation requirement options to be considered for the class of 2021.

File Attachments Graduation during a Pandemic.pdf (842 KB)

Bond Projects Update

Type Information Purpose: RGM Kramer, the district's Bond Project Manager, and the CBO will provide an update on the Measure G Bond projects.

Background: The Board approved a list of Measure G priority projects on October 16, 2018. A Board Study Session was held on February 6, 2020 to review the status of the Measure G bond projects and the amount of remaining funds. There was approximately $7,800,000 remaining in Measure G funds. The Board asked staff to review facilities needs and get input on priorities from Principals. The Superintendent and CBO met with the Principals on February 12, 2020 to gather input. A list of projects and a budget was approved by the Board on February 20, 2020. Projects included HVAC system upgrades, new flooring, landscaping improvements, plumbing and irrigation repairs, roof repairs, and security fencing. The budget reflected rough estimates of the cost of the projects. Budget revisions and project changes will be submitted to the Board for approval as needed. The budget was revised and approved by the board on September 17, 2020 and October 6, 2020. An update on the projects and a revised budget will be presented at the April 15, 2021 board meeting.

File Attachments NUSD Bond Projects Update 4-15-21 Board Meeting.pdf (1,061 KB) Measure G Budget Update 4-15-2021.pdf (88 KB)

12. OLD BUSINESS

NUSD Governance Team Handbook

Type Action

Recommended Staff recommends that the Board of Education approve the NUSD Governance Handbook Action with the Board suggested updates. Purpose:

For the Board of Education to approve the updated NUSD Governance Team Handbook with the Board suggested edits.

Background:

The Board held multiple sessions to review the Governance Handbook and suggested edits which are reflected in this handbook.

File Attachments NUSD Governance Team Handbook - REVISED 2021.04.pdf (349 KB)

Motion & Voting Staff recommends that the Board of Education approve the NUSD Governance Handbook with the Board suggested updates.

Motion by Terrence Grindall, second by Elisa Martinez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen, Terrence Grindall, Aiden Hill, Wahhab Salemi

13. NEW BUSINESS

Resolution No. 2020.21-026 Classified Layoffs

Type Action

Recommended Staff recommends the Board of Education approve Resolution No. 2020.21-026 to lay off or Action reduce hours of certain classified positions for lack of work or lack of funds. Resolution No. 2020.21-026 will be presented to the Board of Education for approval to layoff certain classified positions for lack of work or lack of funds. This resolution gives authorization for the District to formally notify certain classified employees that they are being laid off. This process is required under California Education Code 45117.

The Snow positions are due to the school closure. One Food Service delivery driver position is a layoff, the other position is a reduction in hours due to the pandemic and loss of outside contracts.

File Attachments Ed Code 45117.pdf (94 KB) Classified Layoff Resolution 2020.21-026.pdf (8 KB)

Motion & Voting Staff recommends the Board of Education approve Resolution No. 2020.21-026 to lay off or reduce hours of certain classified positions for lack of work or lack of funds.

Motion by Phuong Nguyen, second by Elisa Martinez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen, Terrence Grindall, Aiden Hill
Nay: Wahhab Salemi

14. CONSENT AGENDA - PERSONNEL ITEMS

PLACEHOLDER - One Consented Vote

Type Action

Recommended Staff recommends that the following personnel agenda items be approved under one Action consented vote. Items _________. Purpose:

This is specifically a placeholder, and will only be used if multiple agenda items are approved under a consented vote.

Background:

Items within Consent Agenda are considered routine and will be approved, adopted, or ratified by a single motion. There will be no separate discussion of these items; however, any item may be removed from the Consent Agenda upon the request of any member of the Board and acted upon separately.

Personnel Report

Type Action

Recommended Staff recommends that the Board of Education ratify the personnel report as presented Action This report includes employment, retirements, reassignments and terminations for both certificated and classified employees. Specific actions can be made known at the conclusion of the meeting.

File Attachments HR PAL 04-15-21.pdf (371 KB)

Motion & Voting Staff recommends that the Board of Education ratify the personnel report as presented

Motion by Elisa Martinez, second by Terrence Grindall.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen, Terrence Grindall
Nay: Aiden Hill
Not Present at Vote: Wahhab Salemi

15. CONSENT AGENDA - NON-PERSONNEL ITEMS

PLACEHOLDER - One Consented Vote

Type Action

Recommended Staff recommends that the following agenda items be approved under one consented vote. Action Items _________. Purpose:

This is specifically a placeholder, and will only be used if multiple agenda items are approved under a consented vote.

Background:

Items within Consent Agenda are considered routine and will be approved, adopted, or ratified by a single motion. There will be no separate discussion of these items; however, any item may be removed from the Consent Agenda upon the request of any member of the Board and acted upon separately.

Quarterly Report on Contracts - FY 2020-21, 3rd Quarter

Type Action

Fiscal Impact Yes

Dollar Amount $38,500.00

Budget Source General Fund

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

Goals 2. Establish financial stability and fiscal solvency in order to drive continuous improvement.

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

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

This report lists contracts from the 3rd Quarter of FY 2020-21 (January, February, March 2021).

Contracts are on file in the Business Office.

File Attachments 2020-21 Q3 Contracts over $10K.pdf (34 KB) JR Consulting Services, LLC_Redacted.pdf (338 KB) Janette Hernandez, Project Consultant_Redacted.pdf (350 KB)

Motion & Voting Staff recommends the Board of Education receive the Quarterly Report on Contracts.

Motion by Elisa Martinez, second by Terrence Grindall.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen, Terrence Grindall
Nay: Aiden Hill
Not Present at Vote: Wahhab Salemi

Warrant Report for March 2021

Type Action

Fiscal Impact No

Recommended Staff recommends the Board of Education approve the Warrant Report as presented. Action

Goals 2. Establish financial stability and fiscal solvency in order to drive continuous improvement.

Purpose: The purpose of this item is to present warrants, for the total amount of $1,463,425.58 made from District funds for March 2021.

Background: The warrant registers represent a complete listing of all payments made from District funds for a month. Because Newark Unified School District is a fiscally dependent District, each warrant must pass through two separate audits; first by the District's Fiscal Services department, and second by the County Office of Education. No warrant can be paid until such time as it is examined and approved by the County Office of Education.

File Attachments March 2021 AP Warrant Board Report_4-15-2021.pdf (581 KB)

Minutes of the April 1, 2021 Regular Meeting of the Board of Education

Type Action, Minutes

Recommended Staff recommends the Board of Education approve the minutes of April 1, 2021, Regular Action Meeting of the Board of Education. Purpose:

For the board to review and approve the minutes

Background:

The attached minutes are reflective of the April 1, 2021, Regular Meeting of the Board of Education. The exact language is available for viewing on the NUSD YouTube Channel HERE.

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

Board of Education Committee Reports

                       DEBRIEF AND DISCUSSION

Type Information Purpose:

The board committee members will give any updates, if available, of the committees they are members of.

Background:

Mission Valley ROP - Elisa Martinez SELPA - Bowen Zhang Newark - NUSD Liaison Committee - Phuong Nguyen & Terrence Grindall Newark Teacher Induction Advisory Council (Formally EBBIC) - Elisa Martinez Audit Committee - Phuong Nguyen & Aiden Hill Bond/Parcel Tax - Elisa Martinez & Terrence Grindall

Board of Education Requests

                       DEBRIEF AND DISCUSSION

Type Information Purpose:

This is an opportunity for Board members to suggest items for placement on future agendas, and to review requests.

Background:

Governance Team Handbook

Authority is collective, not individual: The only authority to direct action rests with the Board when seated at a regular or special Board meeting. Outside this meeting, there is no authority.

    A majority vote of the Board provides direction to the Superintendent. Board members will not undermine the ability of
    staff to carry out Board direction.

Bring up new ideas/decide to move new ideas forward:

The Board will be open to having "brainstorming" discussions about any idea that a Board member may feel merits exploratory consideration. "New Ideas" are defined as any proposal brought forward by a Board member, at his or her own initiative or at the request of a constituent, which has not previously been discussed during a Board meeting. Board members will first notify the Board President and/or the Superintendent of their interest in bringing forward a new idea. The preliminary discussion of a new idea will not require staff research time. Initially, staff will be expected to respond to new ideas based on current knowledge. Only a majority of the Board may direct the Superintendent to conduct research regarding the exploration of a new idea. The Superintendent will decide on the delegation of assignments to other District staff. The new idea will be agendized for discussion only. The Board will decide if the new idea should be further developed and studied by staff. A Board majority will decide if staff time should be invested in the "fleshing out" of new ideas. Individual Board members, in the course of interactions with constituents, will be careful not to make or imply a commitment of the full Board to explore or proceed with implementing new ideas.

Board of Education Recognitions and Announcements

                       DEBRIEF AND DISCUSSION

Type Information Purpose:

This is an opportunity for Board members to acknowledge or recognize specific programs, activities, or personnel.

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

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

                       FUTURE AGENDA REQUESTS

Type Information Purpose:

This is an opportunity for the Superintendent to make any concluding comments, updates, agenda requests, or provide information of future meetings.

18. ADJOURNMENT

PLACEHOLDER - Extend Meeting

Type Action

Recommended The recommendation is that the Board extend the meeting to ____PM Action Purpose:

This is a placeholder, only to be used if the Board adds a motion to extend the meeting.

Adjournment

Type Action, Procedural

Recommended The recommendation is that this meeting be adjourned. Action Purpose:

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.

This action will conclude the meeting.

Motion & Voting The recommendation is that this meeting be adjourned.

Motion by Bowen Zhang, second by Elisa Martinez.
Final Resolution: Motion Carries
Yea: Elisa Martinez, Bowen Zhang, Phuong Nguyen, Terrence Grindall, Aiden Hill
Not Present at Vote: Wahhab Salemi

No minutes available.